-CITE- 42 USC CHAPTER 6A - PUBLIC HEALTH SERVICE 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE -HEAD- CHAPTER 6A - PUBLIC HEALTH SERVICE -MISC1- SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Sec. 201. Definitions. PART A - ADMINISTRATION 202. Administration and supervision of Service. 203. Organization of Service. 204. Commissioned Corps and Ready Reserve Corps. 204a. Deployment readiness. 205. Appointment and tenure of office of Surgeon General; reversion in rank. 206. Assignment of officers. 207. Grades, ranks, and titles of commissioned corps. 208. Repealed. 209. Appointment of personnel. 209a to 209c. Omitted or Repealed. 209d. Appointment of osteopaths as commissioned officers. 210. Pay and allowances. 210-1. Annual and sick leave. 210a. Repealed. 210b. Professional categories. 211. Promotion of commissioned officers. 211a, 211b. Repealed. 211c. Promotion credit for medical officers in assistant grade. 212. Retirement of commissioned officers. 212a, 212b. Repealed. 213. Military benefits. 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. 214a. Repealed. 215. Detail of Service personnel. 216. Regulations. 217. Use of Service in time of war or emergency. 217a. Advisory councils or committees. 217a-1. Advisory committees; prohibition of consideration of political affiliations. 217b. Volunteer services. 218. National Advisory Councils on Migrant Health. 218a. Training of officers. 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 Transferred, Repealed, or Omitted. 231.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. 234. Repealed. 235. Administration of grants in multigrant projects; promulgation of regulations. 236. Orphan Products Board. 237. Silvio O. Conte Senior Biomedical Research Service. 237a. Health and Human Services Office on Women's Health. PART B - MISCELLANEOUS PROVISIONS 238. Gifts for benefit of Service. 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. 238k. Contract authority. 238l. Recovery. 238m. Use of fiscal agents. 238n. Abortion-related discrimination in governmental activities regarding training and licensing of physicians. 238o. Restriction on use of funds for assisted suicide, euthanasia, and mercy killing. 238p. Recommendations and guidelines regarding automated external defibrillators for Federal buildings. 238q. Liability regarding emergency use of automated external defibrillators. PART C - SMALLPOX EMERGENCY PERSONNEL PROTECTION 239. General provisions. 239a. Determination of eligibility and benefits. 239b. Smallpox vaccine injury table. 239c. Medical benefits. 239d. Compensation for lost employment income. 239e. Payment for death. 239f. Administration. 239g. Authorization of appropriations. 239h. Relationship to other laws. PART D - UNITED STATES PUBLIC HEALTH SCIENCES TRACK 239l. Establishment. 239l-1. Administration. 239l-2. Students; selection; obligation. 239l-3. Funding. SUBCHAPTER II - GENERAL POWERS AND DUTIES PART A - RESEARCH AND INVESTIGATIONS 241. Research and investigations generally. 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. 242c to 242j. Repealed or Transferred. 242k. National Center for Health Statistics. 242l. International cooperation. 242m. General provisions respecting effectiveness, efficiency, and quality of health services. 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. 242q-1. Membership. 242q-2. Administrative staff and support. 242q-3. Repealed. 242q-4. Definitions. 242q-5. Authorization of appropriations. 242r. Improvement and publication of data on food-related allergic responses. 242s. Centers for Disease Control and Prevention Office of Women's Health. PART B - FEDERAL-STATE COOPERATION 243. General grant of authority for cooperation. 244. Public access defibrillation programs. 244-1, 244a.Repealed. 245. Public access defibrillation demonstration projects. 245a. Repealed. 246. Grants and services to States. 246a. Bureau of State Services management fund; establishment; advancements; availability. 247. Omitted. 247a. Family support groups for Alzheimer's disease patients. 247b. Project grants for preventive health services. 247b-1. Screenings, referrals, and education regarding lead poisoning. 247b-2. Repealed. 247b-3. Education, technology assessment, and epidemiology regarding lead poisoning. 247b-3a. Training and reports by the Health Resources and Services Administration. 247b-4. National Center on Birth Defects and Developmental Disabilities. 247b-4a. Early detection, diagnosis, and interventions for newborns and infants with hearing loss. 247b-4b to 247b-4e. Repealed. 247b-4f. Research relating to preterm labor and delivery and the care, treatment, and outcomes of preterm and low birthweight infants. 247b-4g. Interagency Coordinating Council on Prematurity and Low Birthweight. 247b-5. Preventive health measures with respect to prostate cancer. 247b-6. National strategy for combating and eliminating tuberculosis. 247b-7. Loan repayment program. 247b-8. Fellowship and training programs. 247b-9. Diabetes in children and youth. 247b-9a. Better diabetes care. 247b-10. Compilation of data on asthma. 247b-11. Effects of folic acid in prevention of birth defects. 247b-12. Safe motherhood. 247b-13. Prenatal and postnatal health. 247b-14. Oral health promotion and disease prevention. 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. 247b-15. Surveillance and education regarding hepatitis C virus. 247b-16. Grants for lead poisoning related activities. 247b-17. Human papillomavirus (Johanna's Law). 247b-18. Surveillance and research regarding muscular dystrophy. 247b-19. Information and education. 247b-20. Food safety grants. 247b-21. Mosquito-borne diseases; coordination grants to States; assessment and control grants to political subdivisions. 247b-22. Microbicide research. 247c. Sexually transmitted diseases; prevention and control projects and programs. 247c-1. Infertility and sexually transmitted diseases. 247c-2. Data collection regarding programs under subchapter XXIV. 247d. Public health emergencies. 247d-1. Vaccine tracking and distribution. 247d-2, 247d-3. Repealed. 247d-3a. Improving State and local public health security. 247d-3b. Partnerships for State and regional hospital preparedness to improve surge capacity. 247d-4. Revitalizing the Centers for Disease Control and Prevention. 247d-5. Combating antimicrobial resistance. 247d-5a. Identification of clinically susceptible concentrations of antimicrobials. 247d-6. Public health countermeasures to a bioterrorist attack. 247d-6a. Authority for use of certain procedures regarding qualified countermeasure research and development activities. 247d-6b. Strategic National Stockpile and security countermeasure procurements. 247d-6c. Reports regarding authorities under this Act. 247d-6d. Targeted liability protections for pandemic and epidemic products and security countermeasures. 247d-6e. Covered countermeasure process. 247d-7. Demonstration program to enhance bioterrorism training, coordination, and readiness. 247d-7a. Grants regarding training and education of certain health professionals. 247d-7b. Emergency system for advance registration of health professions volunteers. 247d-7c. Supplies and services in lieu of award funds. 247d-7d. Security for countermeasure development and production. 247d-7e. Biomedical Advanced Research and Development Authority. 247d-7f. National Biodefense Science Board and working groups. 247d-8. Coordinated program to improve pediatric oral health. 247d-9. Dental education for parents of newborns. PART C - HOSPITALS, MEDICAL EXAMINATIONS, AND MEDICAL CARE 247e. National Hansen's Disease Programs Center. 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. 248c, 248d. Repealed. 249. Medical care and treatment of quarantined and detained persons. 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. 253a. Medical services to retired personnel of National Oceanic and Atmospheric Administration. 253b. Former Lighthouse Service employees; medical service eligibility. 254. Interdepartmental work. 254a. Sharing of medical care facilities and resources. PART D - PRIMARY HEALTH CARE SUBPART I - HEALTH CENTERS 254b. Health centers. 254b-1. State grants to health care providers who provide services to a high percentage of medically underserved populations or other special populations. 254b-2. Community health centers and the National Health Service Corps Fund. 254c. Rural health care services outreach, rural health network development, and small health care provider quality improvement grant programs. 254c-1. Grants for health services for Pacific Islanders. 254c-1a. Grants to nurse-managed health clinics. 254c-2. Special diabetes programs for type I diabetes. 254c-3. Special diabetes programs for Indians. 254c-4. Centers for strategies on facilitating utilization of preventive health services among various populations. 254c-5. Epilepsy; seizure disorder. 254c-6. Certain services for pregnant women. 254c-7. Special needs adoption programs; public awareness campaign and other activities. 254c-8. Healthy start for infants. 254c-9. Establishment of program of grants. 254c-10. Certain requirements. 254c-11. Technical assistance. 254c-12. Definitions. 254c-13. Authorization of appropriations. 254c-14. Telehealth network and telehealth resource centers grant programs. 254c-15. Rural emergency medical service training and equipment assistance program. 254c-16. Mental health services delivered via telehealth. 254c-17. Repealed. 254c-18. Telemedicine; incentive grants regarding coordination among States. SUBPART II - NATIONAL HEALTH SERVICE CORPS PROGRAM 254d. National Health Service Corps. 254e. Health professional shortage areas. 254f. Corps personnel. 254f-1. Priorities in assignment of Corps personnel. 254g. Charges for services by entities using Corps members. 254h. Provision of health services by Corps members. 254h-1. Facilitation of effective provision of Corps services. 254i. Annual report to Congress; contents. 254j. National Advisory Council on National Health Service Corps. 254k. Authorization of appropriations. SUBPART III - SCHOLARSHIP PROGRAM AND LOAN REPAYMENT PROGRAM 254l. National Health Service Corps Scholarship Program. 254l-1. National Health Service Corps Loan Repayment Program. 254m. Obligated service under contract. 254n. Private practice. 254o. Breach of scholarship contract or loan repayment contract. 254o-1. Fund regarding use of amounts recovered for contract breach to replace services lost as result of breach. 254p. Special loans for former Corps members to enter private practice. 254q. Authorization of appropriations. 254q-1. Grants to States for loan repayment programs. 254r. Grants to States for operation of offices of rural health. 254s. Native Hawaiian Health Scholarships. 254t. Demonstration project. 254u. Public health departments. SUBPART IV - HOME HEALTH SERVICES 255. Home health services. SUBPART V - HEALTHY COMMUNITIES ACCESS PROGRAM 256. Grants to strengthen the effectiveness, efficiency, and coordination of services for the uninsured and underinsured. 256a. Patient navigator grants. 256a-1. Establishing community health teams to support the patient-centered medical home. SUBPART VII - DRUG PRICING AGREEMENTS 256b. Limitation on prices of drugs purchased by covered entities. SUBPART VIII - BULK PURCHASES OF VACCINES FOR CERTAIN PROGRAMS 256c. Bulk purchases of vaccines for certain programs. 256d. Breast and cervical cancer information. 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. SUBPART X - PRIMARY DENTAL PROGRAMS 256f. Designated dental health professional shortage area. 256g. Grants for innovative programs. 256g-1. Demonstration program to increase access to dental health care services. SUBPART XI - SUPPORT OF GRADUATE MEDICAL EDUCATION IN QUALIFIED TEACHING HEALTH CENTERS 256h. Program of payments to teaching health centers that operate graduate medical education programs. SUBPART XII - COMMUNITY-BASED COLLABORATIVE CARE NETWORK PROGRAM 256i. Community-based collaborative care network program. 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. 262a. Enhanced control of dangerous biological agents and toxins. 263. Preparation of biological products by Service. SUBPART 2 - CLINICAL LABORATORIES 263a. Certification of laboratories. 263a-1. Assisted reproductive technology programs. 263a-2. Certification of embryo laboratories. 263a-3. Accreditation organizations. 263a-4. Certification revocation and suspension. 263a-5. Publication. 263a-6. Fees. 263a-7. Definitions. SUBPART 3 - MAMMOGRAPHY FACILITIES 263b. Certification of mammography facilities. PART G - QUARANTINE AND INSPECTION 264. Regulations to control communicable diseases. 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. 268. Quarantine duties of consular and other officers. 269. Bills of health. 270. Quarantine regulations governing civil air navigation and civil aircraft. 271. Penalties for violation of quarantine laws. 272. Administration of oaths by quarantine officers. PART H - ORGAN TRANSPLANTS 273. Organ procurement organizations. 273a. National living donor mechanisms. 273b. Report on the long-term health effects of living organ donation. 274. Organ procurement and transplantation network. 274a. Scientific registry. 274b. General provisions respecting grants and contracts. 274c. Administration. 274d. Report. 274e. Prohibition of organ purchases. 274f. Reimbursement of travel and subsistence expenses incurred toward living organ donation. 274f-1. Public awareness; studies and demonstrations. 274f-2. Grants regarding hospital organ donation coordinators. 274f-3. Studies relating to organ donation and the recovery, preservation, and transportation of organs. 274f-4. Report relating to organ donation and the recovery, preservation, and transportation of organs. 274g. Authorization of appropriations. PART H-1 - STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL 274i. Eligibility requirements for Stephanie Tubbs Jones Gift of Life Medal. 274i-1. Solicitation of donations; prohibition on use of Federal funds. 274i-2. Design and production of medal. 274i-3. Medals not treated as valuable consideration. 274i-4. Definitions. PART I - C.W. BILL YOUNG CELL TRANSPLANTATION PROGRAM 274k. National Program. 274l. Stem cell therapeutic outcomes database. 274l-1. Definitions. 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. Use of allotments for rape prevention education. 280b-1c. Prevention of traumatic brain injury. 280b-1d. National program for traumatic brain injury surveillance and registries. 280b-1e. Study on traumatic brain injury. 280b-1f. Prevention of falls among older adults. 280b-2. General provisions. 280b-3. Authorization of appropriations. 280b-4. Study conducted by the Centers for Disease Control and Prevention. PART K - HEALTH CARE SERVICES IN THE HOME SUBPART I - GRANTS FOR DEMONSTRATION PROJECTS 280c. Establishment of program. 280c-1. Limitation on duration of grant and requirement of matching funds. 280c-2. General provisions. SUBPART II - GRANTS FOR DEMONSTRATION PROJECTS WITH RESPECT TO ALZHEIMER'S DISEASE 280c-3. Establishment of program. 280c-4. Requirement of matching funds. 280c-5. General provisions. SUBPART III - GRANTS FOR HOME VISITING SERVICES FOR AT-RISK FAMILIES 280c-6. Projects to improve maternal, infant, and child health. PART L - [REPEALED] 280d. Transferred. 280d-11. Transferred. PART M - NATIONAL PROGRAM OF CANCER REGISTRIES 280e. National program of cancer registries. 280e-1. Planning grants regarding registries. 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. 280e-3a. National childhood cancer registry. 280e-4. Authorization of appropriations. PART N - NATIONAL FOUNDATION FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION 280e-11. Establishment and duties of Foundation. PART O - FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM 280f to 280f-3. Omitted. PART P - ADDITIONAL PROGRAMS 280g. Children's asthma treatment grants program. 280g-1. Early detection, diagnosis, and treatment regarding hearing loss in newborns and infants. 280g-2. Childhood malignancies. 280g-3. .Controlled substance monitoring program. 280g-4. Grants to foster public health responses to domestic violence, dating violence, sexual assault, and stalking. 280g-5. Public and health care provider education and support services. 280g-6. Chronic kidney disease initiatives. 280g-7. Amyotrophic lateral sclerosis registry. 280g-8. Support for patients receiving a positive diagnosis of Down syndrome or other prenatally or postnatally diagnosed conditions. 280g-9. Programs to improve quality of life for persons with paralysis and other physical disabilities. 280g-10. Community Preventive Services Task Force. 280g-11. Grants to promote positive health behaviors and outcomes. 280g-12. Primary Care Extension Program. 280g-13. National Congenital Heart Disease Surveillance System. 280g-14. National diabetes prevention program. 280g-15. State demonstration programs to evaluate alternatives to current medical tort litigation. 280g-16. Food Safety Integrated Centers of Excellence. PART Q - PROGRAMS TO IMPROVE THE HEALTH OF CHILDREN 280h. Grants to promote childhood nutrition and physical activity. 280h-1. Applied research program. 280h-2. Education campaign. 280h-3. Health professional education and training. 280h-4. Grants for the establishment of school-based health centers. 280h-5. School-based health centers. PART R - PROGRAMS RELATING TO AUTISM 280i. Developmental disabilities surveillance and research program. 280i-1. Autism education, early detection, and intervention. 280i-2. Interagency Autism Coordinating Committee. 280i-3. Report to Congress. 280i-4. Authorization of appropriations. PART S - HEALTH CARE QUALITY PROGRAMS SUBPART I - NATIONAL STRATEGY FOR QUALITY IMPROVEMENT IN HEALTH CARE 280j. National strategy for quality improvement in health care. 280j-1. Collection and analysis of data for quality and resource use measures. 280j-2. Public reporting of performance information. 280j-3. Quality improvement program for hospitals with a high severity adjusted readmission rate. PART T - ORAL HEALTHCARE PREVENTION ACTIVITIES 280k. Oral healthcare prevention education campaign. 280k-1. Research-based dental caries disease management. 280k-2. Authorization of appropriations. 280k-3. Updating national oral healthcare surveillance activities. PART U - EMPLOYER-BASED WELLNESS PROGRAM 280l. Technical assistance for employer-based wellness programs. 280l-1. National worksite health policies and programs study. 280l-2. Prioritization of evaluation by Secretary. 280l-3. Prohibition of Federal workplace wellness requirements. PART V - PROGRAMS RELATING TO BREAST HEALTH AND CANCER 280m. Young women's breast health awareness and support of young women diagnosed with breast cancer. SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES PART A - NATIONAL INSTITUTES OF HEALTH 281. Organization of National Institutes of Health. 282. Director of National Institutes of Health. 282a. Authorization of appropriations. 282b. Electronic coding of grants and activities. 282c. Public access to funded investigators' final manuscripts. 282d. Transferred. 283. Biennial reports of Director of NIH. 283a. Annual reporting to increase interagency collaboration and coordination. 283a-1. Annual reporting to prevent fraud and abuse. 283a-2. Annual reporting regarding training of graduate students for doctoral degrees. 283a-3. Establishment of program regarding DES. 283b. Repealed. 283c. Office of Behavioral and Social Sciences Research. 283d. Children's Vaccine Initiative. 283e. Plan for use of animals in research. 283f. Requirements regarding surveys of sexual behavior. 283g. Muscular dystrophy; initiative through Director of National Institutes of Health. 283h, 283i. Transferred. 283j. Review of centers of excellence. 283k. Biomedical and behavioral research facilities. 283l. Construction of regional centers for research on primates. 283m. Sanctuary system for surplus chimpanzees. 283n. Shared Instrumentation Grant Program. PART B - GENERAL PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES 284. Directors of national research institutes. 284a. Advisory councils. 284b. Repealed. 284c. Certain uses of funds. 284d. Definitions. 284e. Research on osteoporosis, Paget's disease, and related bone disorders. 284f. Parkinson's disease. 284g. Expansion, intensification, and coordination of activities of National Institutes of Health with respect to research on autism spectrum disorder. 284h. Pediatric Research Initiative. 284i. Autoimmune diseases. 284j. Muscular dystrophy research. 284k. Clinical research. 284l. Enhancement awards. 284m. Program for pediatric studies of drugs. 284n. Certain demonstration projects. 284o. Activities of the National Institutes of Health with respect to research on paralysis. 284p. Activities of the National Institutes of Health with respect to research with implications for enhancing daily function for persons with paralysis. 284q. Pain research. 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. 285a-3. National cancer research and demonstration centers. 285a-4. President's Cancer Panel; establishment, membership, etc., functions. 285a-5. Associate Director for Prevention; appointment; function. 285a-6. Breast and gynecological cancers. 285a-7. Prostate cancer. 285a-8. Repealed. 285a-9. Grants for education, prevention, and early detection of radiogenic cancers and diseases. 285a-10. Research, information, and education with respect to blood cancer. 285a-11. Pediatric cancer research and awareness. 285a-12. Interagency Breast Cancer and Environmental Research Coordinating Committee. 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. 285b-5. Repealed. 285b-6. Associate Director for Prevention; appointment; function. 285b-7. National Center on Sleep Disorders Research. 285b-7a. Heart attack, stroke, and other cardiovascular diseases in women. 285b-7b. Coordination of Federal asthma activities. 285b-7c. Tuberculosis. 285b-8. Congenital heart disease. SUBPART 3 - NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES 285c. Purpose of Institute. 285c-1. Data systems and information clearinghouses. 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. 285c-4. Advisory boards. 285c-5. Research and training centers; development or expansion. 285c-6. Advisory council subcommittees. 285c-7. Biennial report. 285c-8. Nutritional disorders program. 285c-9. Juvenile diabetes. 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. 285d-2. Research and training. 285d-3. Data system and information clearinghouse. 285d-4. Interagency coordinating committees. 285d-5. Arthritis and musculoskeletal diseases demonstration projects. 285d-6. Multipurpose arthritis and musculoskeletal diseases centers. 285d-6a. Lupus. 285d-7. Advisory Board. 285d-8. Juvenile arthritis and related conditions. SUBPART 5 - NATIONAL INSTITUTE ON AGING 285e. Purpose of Institute. 285e-1. Special functions. 285e-2. Alzheimer's Disease centers. 285e-3. Claude D. Pepper Older Americans Independence Centers. 285e-4. Awards for leadership and excellence in Alzheimer's disease and related dementias. 285e-5. Research relevant to appropriate services for individuals with Alzheimer's disease and related dementias and their families. 285e-6. Dissemination of research results. 285e-7. Clearinghouse on Alzheimer's Disease. 285e-8. Dissemination project. 285e-9. Alzheimer's disease registry. 285e-10. Aging processes regarding women. 285e-10a. Alzheimer's clinical research and training awards. 285e-11. Repealed. 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. 285f-4. Microbicide research and development. SUBPART 7 - EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT 285g. Purpose of Institute. 285g-1. Sudden infant death syndrome research. 285g-2. Research on intellectual disabilities. 285g-3. Associate Director for Prevention; appointment; function. 285g-4. National Center for Medical Rehabilitation Research. 285g-5. Research centers with respect to contraception and infertility. 285g-6. Program regarding obstetrics and gynecology. 285g-7. Child health research centers. 285g-8. Prospective longitudinal study on adolescent health. 285g-9. Fragile X. 285g-10. Investment in tomorrow's pediatric researchers. 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. 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. National Institute of General Medical Sciences. 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. 285l-4. Federal agency action. 285l-5. Application. 285l-6. Methods of controlling certain insect and vermin populations. 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. 285m-4. National Institute on Deafness and Other Communication Disorders Advisory Board. 285m-5. Interagency Coordinating Committee. 285m-6. Limitation on administrative expenses. SUBPART 14 - NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM 285n. Purpose of Institute. 285n-1. Associate Director for Prevention. 285n-2. National Alcohol Research Centers; mandatory grant for research of effects of alcohol on elderly. SUBPART 15 - NATIONAL INSTITUTE ON DRUG ABUSE 285o. Purpose of Institute. 285o-1. Associate Director for Prevention. 285o-2. Drug Abuse Research Centers. 285o-3. Office on AIDS. 285o-4. Medication Development Program. SUBPART 16 - NATIONAL INSTITUTE OF MENTAL HEALTH 285p. Purpose of Institute. 285p-1. Associate Director for Prevention. 285p-2. Office of Rural Mental Health Research. 285p-3. Office on AIDS. SUBPART 17 - NATIONAL INSTITUTE OF NURSING RESEARCH 285q. Purpose of Institute. 285q-1. Specific authorities. 285q-2. Advisory council. 285q-3. Biennial report. SUBPART 18 - NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING 285r. Purpose of the Institute. SUBPART 19 - NATIONAL HUMAN GENOME RESEARCH INSTITUTE 285s. Purpose of Institute. SUBPART 20 - NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES 285t. Purpose of Institute. 285t-1. Centers of excellence for research education and training. 285t-2. Loan repayment program for minority health disparities research. 285t-3. General provisions regarding the Institute. PART D - NATIONAL LIBRARY OF MEDICINE SUBPART 1 - GENERAL PROVISIONS 286. National Library of Medicine. 286a. Board of Regents. 286a-1. Library facilities. 286a-2. Repealed. SUBPART 2 - FINANCIAL ASSISTANCE 286b. Repealed. 286b-1. Definitions. 286b-2. National Medical Libraries Assistance Advisory Board. 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. 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. 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. SUBPART 4 - NATIONAL INFORMATION CENTER ON HEALTH SERVICES RESEARCH AND HEALTH CARE TECHNOLOGY 286d. National Information Center. PART E - OTHER AGENCIES OF NIH SUBPART 1 - NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES 287. National Center for Advancing Translational Sciences. 287a. Cures Acceleration Network. 287a-1. Office of Rare Diseases. 287a-2. Rare disease regional centers of excellence. 287a-3, 287a-3a. Transferred. 287a-4. General clinical research centers. 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. Transferred. SUBPART 4 - OFFICE OF DIETARY SUPPLEMENTS 287c-11. Dietary supplements. SUBPART 5 - NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE 287c-21. Purpose of Center. SUBPART 6 - TRANSFERRED 287c-31 to 287c-34. Transferred. PART F - RESEARCH ON WOMEN'S HEALTH 287d. Office of Research on Women's Health. 287d-1. National data system and clearinghouse on research on women's health. 287d-2. Biennial report. PART G - AWARDS AND TRAINING 288. Ruth L. Kirschstein National Research Service Awards. 288-1. Loan repayment program for research with respect to acquired immune deficiency syndrome. 288-2. Loan repayment program for research with respect to contraception and infertility. 288-3. Loan repayment program for research generally. 288-4. Undergraduate scholarship program regarding professions needed by National Research Institutes. 288-5. Loan repayment program regarding clinical researchers from disadvantaged backgrounds. 288-5a. Loan repayment program regarding clinical researchers. 288-6. Pediatric research loan repayment program. 288a. Visiting Scientist Awards. 288b. Studies respecting biomedical and behavioral research personnel. PART H - GENERAL PROVISIONS 289. Institutional review boards; ethics guidance program. 289a. Peer review requirements. 289a-1. Certain provisions regarding review and approval of proposals for research. 289a-2. Inclusion of women and minorities in clinical research. 289b. Office of Research Integrity. 289b-1. Protection against financial conflicts of interest in certain projects of research. 289c. Research on public health emergencies. 289c-1. Collaborative use of certain health services research funds. 289d. Animals in research. 289e. Use of appropriations. 289f. Gifts and donations; memorials. 289g. Fetal research. 289g-1. Research on transplantation of fetal tissue. 289g-2. Prohibitions regarding human fetal tissue. 289g-3. Breast implant research. 289g-4. Support for emergency medicine research. 289h. Repealed. 290. National Institutes of Health Management Fund; establishment; advancements; availability; final adjustments of advances. 290a. Victims of fire. PART I - FOUNDATION FOR THE NATIONAL INSTITUTES OF HEALTH 290b. Establishment and duties of Foundation. SUBCHAPTER III-A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION PART A - ORGANIZATION AND GENERAL AUTHORITIES 290aa. Substance Abuse and Mental Health Services Administration. 290aa-1. Advisory councils. 290aa-2. Omitted. 290aa-2a. Report on individuals with co-occurring mental illness and substance abuse disorders. 290aa-3. Peer review. 290aa-3a. Transferred. 290aa-4. Data collection. 290aa-5. Grants for the benefit of homeless individuals. 290aa-5a. Alcohol and drug prevention or treatment services for Indians and Native Alaskans. 290aa-5b. Grants for ecstasy and other club drugs abuse prevention. 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. 290bb-1. Residential treatment programs for pregnant and postpartum women. 290bb-1a. Transferred. 290bb-2. Priority substance abuse treatment needs of regional and national significance. 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. 290bb-7. Substance abuse treatment services for children and adolescents. 290bb-8. Early intervention services for children and adolescents. 290bb-9. Methamphetamine and amphetamine treatment initiative. SUBPART 2 - CENTER FOR SUBSTANCE ABUSE PREVENTION 290bb-21. Office for Substance Abuse Prevention. 290bb-22. Priority substance abuse prevention needs of regional and national significance. 290bb-23. Prevention, treatment, and rehabilitation model projects for high risk youth. 290bb-24. Repealed. 290bb-25. Grants for services for children of substance abusers. 290bb-25a. Grants for strengthening families. 290bb-25b. Programs to reduce underage drinking. 290bb-25c. Services for individuals with fetal alcohol syndrome. 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. 290bb-25e. Prevention of methamphetamine and inhalant abuse and addiction. 290bb-25f. Prevention and education programs. SUBPART 3 - CENTER FOR MENTAL HEALTH SERVICES 290bb-31. Center for Mental Health Services. 290bb-32. Priority mental health needs of regional and national significance. 290bb-33. National centers of excellence for depression. 290bb-34. Youth interagency research, training, and technical assistance centers. 290bb-35. Services for youth offenders. 290bb-36. Youth suicide early intervention and prevention strategies. 290bb-36a. Suicide prevention for youth. 290bb-36b. Mental and behavioral health services on campus. 290bb-37. Grants for emergency mental health centers. 290bb-38. Grants for jail diversion programs. 290bb-39. Improving outcomes for children and adolescents through services integration between child welfare and mental health services. 290bb-40. Grants for the integrated treatment of serious mental illness and co-occurring substance abuse. 290bb-41. Training grants. 290bb-42. Awards for co-locating primary and specialty care in community-based mental health settings. 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. 290cc-23. Requirement of matching funds. 290cc-24. Determination of amount of allotment. 290cc-25. Conversion to categorical program in event of failure of State regarding expenditure of grants. 290cc-26. Provision of certain information from State. 290cc-27. Description of intended expenditures of grant. 290cc-28. Requirement of reports by States. 290cc-29. Requirement of application. 290cc-30. Technical assistance. 290cc-31. Failure to comply with agreements. 290cc-32. Prohibition against certain false statements. 290cc-33. Nondiscrimination. 290cc-34. Definitions. 290cc-35. Funding. PART D - MISCELLANEOUS PROVISIONS RELATING TO SUBSTANCE ABUSE AND MENTAL HEALTH 290dd. Substance abuse among government and other employees. 290dd-1. Admission of substance abusers to private and public hospitals and outpatient facilities. 290dd-2. Confidentiality of records. 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. 290ff-1. Requirements with respect to carrying out purpose of grants. 290ff-2. Individualized plan for services. 290ff-3. Additional provisions. 290ff-4. General provisions. PART F - MODEL COMPREHENSIVE PROGRAM FOR TREATMENT OF SUBSTANCE ABUSE 290gg. Repealed. PART G - PROJECTS FOR CHILDREN AND VIOLENCE 290hh. Children and violence. 290hh-1. Grants to address the problems of persons who experience violence related stress. PART H - REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES 290ii. Requirement relating to the rights of residents of certain facilities. 290ii-1. Reporting requirement. 290ii-2. Regulations and 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. 290jj-1. Reporting requirement. 290jj-2. Regulations and enforcement. PART J - SERVICES PROVIDED THROUGH RELIGIOUS ORGANIZATIONS 290kk. Applicability to designated programs. 290kk-1. Religious organizations as program participants. 290kk-2. Limitations on use of funds for certain purposes. 290kk-3. Educational requirements for personnel in drug treatment programs. 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. 291c. General regulations. 291d. State plans. 291e. Projects for construction or modernization. 291f. Payments for construction or modernization. 291g. Withholding of payments; noncompliance with requirements. 291h. Judicial review. 291i. Recovery of expenditures under certain conditions. 291j. Loans. PART B - LOAN GUARANTEES AND LOANS FOR MODERNIZATION AND CONSTRUCTION OF HOSPITALS AND OTHER MEDICAL FACILITIES 291j-1. Loan guarantees and loans. 291j-2. Allocation among States. 291j-3. Applications and conditions. 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. 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. 291l. Conference of State agencies. 291m. State control of operations. 291m-1. Loans for certain hospital experimentation projects. 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. 292b. Limitations on individual insured loans and on loan insurance. 292c. Sources of funds. 292d. Eligibility of borrowers and terms of insured loans. 292e. Certificate of loan insurance; effective date of insurance. 292f. Default of borrower. 292g. Risk-based premiums. 292h. Office for Health Education Assistance Loan Default Reduction. 292i. Insurance account. 292j. Powers and responsibilities of Secretary. 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. 292o. Definitions. 292p. Authorization of appropriations. SUBPART II - FEDERALLY-SUPPORTED STUDENT LOAN FUNDS 292q. Agreements for operation of school loan funds. 292r. Loan provisions. 292s. Medical schools and primary health care. 292t. Individuals from disadvantaged backgrounds. 292u. Administrative provisions. 292v. Provision by schools of information to students. 292w. Procedures for appeal of termination of agreements. 292x. Distribution of assets from loan funds. 292y. General provisions. PART B - HEALTH PROFESSIONS TRAINING FOR DIVERSITY 293. Centers of excellence. 293a. Scholarships for disadvantaged students. 293b. Loan repayments and fellowships regarding faculty positions. 293c. Educational assistance in the health professions regarding individuals from disadvantaged backgrounds. 293d. Authorization of appropriation. 293e. Grants for health professions education. PART C - TRAINING IN FAMILY MEDICINE, GENERAL INTERNAL MEDICINE, GENERAL PEDIATRICS, PHYSICIAN ASSISTANTS, GENERAL DENTISTRY, AND PEDIATRIC DENTISTRY SUBPART 1 - MEDICAL TRAINING GENERALLY 293j. Repealed. 293k. Primary care training and enhancement. 293k-1. Training opportunities for direct care workers. 293k-2. Training in general, pediatric, and public health dentistry. 293l. Advisory Committee on Training in Primary Care Medicine and Dentistry. 293l-1. Teaching health centers development grants. SUBPART 2 - TRAINING IN UNDERSERVED COMMUNITIES 293m. Rural physician training grants. 293n to 293p. Repealed. PART D - INTERDISCIPLINARY, COMMUNITY-BASED LINKAGES 294. General provisions. 294a. Area health education centers. 294b. Continuing educational support for health professionals serving in underserved communities. 294c. Education and training relating to geriatrics. 294d. Quentin N. Burdick program for rural interdisciplinary training. 294e. Allied health and other disciplines. 294e-1. Mental and behavioral health education and training grants. 294f. Advisory Committee on Interdisciplinary, Community-Based Linkages. 294g. Repealed. 294h. Interdisciplinary training and education on domestic violence and other types of violence and abuse. 294i. Program for education and training in pain care. 294j. Demonstration program to integrate quality improvement and patient safety training into clinical education of health professionals. PART E - HEALTH PROFESSIONS AND PUBLIC HEALTH WORKFORCE SUBPART 1 - HEALTH PROFESSIONS WORKFORCE INFORMATION AND ANALYSIS 294n. Health professions workforce information and analysis. 294o. Advisory Council on Graduate Medical Education. 294p. Pediatric rheumatology. 294q. National Health Care Workforce Commission. 294r. State health care workforce development grants. SUBPART 2 - PUBLIC HEALTH WORKFORCE 295. General provisions. 295a. Public health training centers. 295b. Public health traineeships. 295c. Preventive medicine and public health training grant program. 295d. Health administration traineeships and special projects. 295e. Authorization of appropriations. SUBPART 3 - RECRUITMENT AND RETENTION PROGRAMS 295f. Investment in tomorrow's pediatric health care workforce. 295f-1. Public Health Workforce Loan Repayment Program. 295f-2. Training for mid-career public and allied health professionals. 295f-3. Fellowship training in applied public health epidemiology, public health laboratory science, public health informatics, and expansion of the Epidemic Intelligence Service. PART F - GENERAL PROVISIONS 295j. Preferences and required information in certain programs. 295k. Health professions data. 295l. Repealed. 295m. Prohibition against discrimination on basis of sex. 295n. Repealed. 295n-1. Application. 295n-2. Use of funds. 295o. Matching requirement. 295o-1. Generally applicable provisions. 295o-2. Technical assistance. 295p. Definitions. SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT PART A - GENERAL PROVISIONS 296. Definitions. 296a. Application. 296b. Use of funds. 296c. Matching requirement. 296d. Preference. 296e. Generally applicable provisions. 296e-1. Grants for health professions education. 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. 296j-1. Demonstration grants for family nurse practitioner training programs. PART C - INCREASING NURSING WORKFORCE DIVERSITY 296m. Workforce diversity grants. PART D - STRENGTHENING CAPACITY FOR BASIC NURSE EDUCATION AND PRACTICE 296p. Nurse education, practice, and quality grants. 296p-1. Nurse retention grants. PART E - STUDENT LOANS 297a. Student loan fund. 297b. Loan provisions. 297c, 297c-1. Repealed. 297d. Allotments and payments of Federal capital contributions. 297e. Distribution of assets from loan funds. 297f. Repealed. 297g. Modification of agreements; compromise, waiver or release. 297h. Repealed. 297i. Procedures for appeal of terminations. 297n. Loan repayment and scholarship programs. 297n-1. Nurse faculty loan program. 297o. Eligible individual student loan repayment. PART F - NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE 297t. National Advisory Council on Nurse Education and Practice. PART G - PUBLIC SERVICE ANNOUNCEMENTS 297w. Public service announcements. 297x. State and local public service announcements. PART H - COMPREHENSIVE GERIATRIC EDUCATION 298. Comprehensive geriatric education. PART I - FUNDING 298d. Authorization of appropriations. SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY PART A - ESTABLISHMENT AND GENERAL DUTIES 299. Mission and duties. 299a. General authorities. 299a-1. Research on health disparities. PART B - HEALTH CARE IMPROVEMENT RESEARCH 299b. Health care outcome improvement research. 299b-1. Private-public partnerships to improve organization and delivery. 299b-2. Information on quality and cost of care. 299b-3. Information systems for health care improvement. 299b-4. Research supporting primary care and access in underserved areas. 299b-4a. Studies on preventive interventions in primary care for older Americans. 299b-5. Health care practice and technology innovation. 299b-6. Coordination of Federal Government quality improvement efforts. 299b-7. Research on outcomes of health care items and services. 299b-8. Federal Coordinating Council for Comparative Effectiveness Research. PART C - PATIENT SAFETY IMPROVEMENT 299b-21. Definitions. 299b-22. Privilege and confidentiality protections. 299b-23. Network of patient safety databases. 299b-24. Patient safety organization certification and listing. 299b-24a. Activities regarding women's health. 299b-25. Technical assistance. 299b-26. Severability. PART D - HEALTH CARE QUALITY IMPROVEMENT SUBPART 1 - QUALITY MEASURE DEVELOPMENT 299b-31. Quality measure development. SUBPART 2 - HEALTH CARE QUALITY IMPROVEMENT PROGRAMS 299b-33. Health care delivery system research. 299b-34. Quality improvement technical assistance and implementation. 299b-35. Grants or contracts to implement medication management services in treatment of chronic diseases. 299b-36. Program to facilitate shared decisionmaking. 299b-37. Dissemination and building capacity for research. PART E - GENERAL PROVISIONS 299c. Advisory Council for Healthcare Research and Quality. 299c-1. Peer review with respect to grants and contracts. 299c-2. Certain provisions with respect to development, collection, and dissemination of data. 299c-3. Dissemination of information. 299c-4. Additional provisions with respect to grants and contracts. 299c-5. Certain administrative authorities. 299c-6. Funding. 299c-7. Definitions. SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING PROGRAMS 300. Project grants and contracts for family planning services. 300a. Formula grants to States for family planning services. 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. 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. 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. 300b-4. Public Health Service facilities. 300b-5. Repealed. 300b-6. Applied technology. 300b-7. Tourette Syndrome. 300b-8. Improved newborn and child screening for heritable disorders. 300b-9. Evaluating the effectiveness of newborn and child screening programs. 300b-10. Advisory Committee on Heritable Disorders in Newborns and Children. 300b-11. Clearinghouse of newborn screening information. 300b-12. Laboratory quality. 300b-13. Interagency Coordinating Committee on Newborn and Child Screening. 300b-14. National contingency plan for newborn screening. 300b-15. Hunter Kelly Research Program. PART B - SUDDEN INFANT DEATH SYNDROME 300c-11. Repealed. 300c-12. Sudden infant death syndrome research. PART C - HEMOPHILIA PROGRAMS 300c-21. Repealed. 300c-22. Blood-separation centers. SUBCHAPTER X - TRAUMA CARE PART A - GENERAL AUTHORITY AND DUTIES OF SECRETARY 300d. Establishment. 300d-1, 300d-2. Repealed. 300d-3. Establishment of programs for improving trauma care in rural areas. 300d-4. Emergency medical services. 300d-5. Competitive grants for trauma systems for the improvement of trauma care. 300d-6. Competitive grants for regionalized systems for emergency care response. PART B - FORMULA GRANTS WITH RESPECT TO MODIFICATIONS OF STATE PLANS 300d-11. Establishment of program. 300d-12. Requirement of matching funds for fiscal years subsequent to first fiscal year of payments. 300d-13. Requirements with respect to carrying out purpose of allotments. 300d-14. Requirement of submission to Secretary of trauma plan and certain information. 300d-15. Restrictions on use of payments. 300d-16. Repealed. 300d-17. Requirement of submission of application containing certain agreements and assurances. 300d-18. Determination of amount of allotment. 300d-19. Failure to comply with agreements. 300d-20. Prohibition against certain false statements. 300d-21. Technical assistance and 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. 300d-33. Repealed. PART D - TRAUMA CENTERS OPERATING IN AREAS SEVERELY AFFECTED BY DRUG-RELATED VIOLENCE 300d-41. Grants for certain trauma centers. 300d-42. Preferences in making grants. 300d-43. Certain agreements. 300d-44. General provisions. 300d-45. Authorization of appropriations. 300d-46. Definition. PART E - MISCELLANEOUS PROGRAMS 300d-51. Residency training programs in emergency medicine. 300d-52. State grants for projects regarding traumatic brain injury. 300d-53. State grants for protection and advocacy services. PART F - INTERAGENCY PROGRAM FOR TRAUMA RESEARCH 300d-61. Establishment of Program. PART G - POISON CONTROL 300d-71. Maintenance of the national toll-free number. 300d-72. Nationwide media campaign to promote poison control center utilization. 300d-73. Maintenance of the poison control center grant program. 300d-74. Rule of construction. PART H - TRAUMA SERVICE AVAILABILITY 300d-81. Grants to States. 300d-82. Authorization of appropriations. SUBCHAPTER XI - HEALTH MAINTENANCE ORGANIZATIONS 300e. Requirements of health maintenance organizations. 300e-1. Definitions. 300e-2, 300e-3. Repealed. 300e-4. Loans and loan guarantees for initial operation costs. 300e-4a. Repealed. 300e-5. Application requirements. 300e-6. Administration of assistance programs. 300e-7. General provisions relating to loan guarantees and loans. 300e-8. Authorization of appropriations. 300e-9. Employees' health benefits plans. 300e-10. Restrictive State laws and practices. 300e-11. Continued regulation of health maintenance organizations. 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. 300e-17. Financial disclosure. 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. 300g-2. State primary enforcement responsibility. 300g-3. Enforcement of drinking water regulations. 300g-4. Variances. 300g-5. Exemptions. 300g-6. Prohibition on use of lead pipes, solder, and flux. 300g-7. Monitoring of contaminants. 300g-8. Operator certification. 300g-9. Capacity development. PART C - PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER 300h. Regulations for State programs. 300h-1. State primary enforcement responsibility. 300h-2. Enforcement of program. 300h-3. Interim regulation of underground injections. 300h-4. Optional demonstration by States relating to oil or natural gas. 300h-5. Regulation of State programs. 300h-6. Sole source aquifer demonstration program. 300h-7. State programs to establish wellhead protection areas. 300h-8. State ground water protection grants. PART D - EMERGENCY POWERS 300i. Emergency powers. 300i-1. Tampering with public water systems. 300i-2. Terrorist and other intentional acts. 300i-3. Contaminant prevention, detection and response. 300i-4. Supply disruption prevention, detection and response. PART E - GENERAL PROVISIONS 300j. Assurances of availability of adequate supplies of chemicals necessary for treatment of water. 300j-1. Research, technical assistance, information, training of personnel. 300j-2. Grants for State programs. 300j-3. Special project grants and guaranteed loans. 300j-3a. Grants to public sector agencies. 300j-3b. Contaminant standards or treatment technique guidelines. 300j-3c. National assistance program for water infrastructure and watersheds. 300j-4. Records and inspections. 300j-5. National Drinking Water Advisory Council. 300j-6. Federal agencies. 300j-7. Judicial review. 300j-8. Citizen's civil action. 300j-9. General provisions. 300j-10. Appointment of scientific, etc., personnel by Administrator of Environmental Protection Agency for implementation of responsibilities; compensation. 300j-11. Indian Tribes. 300j-12. State revolving loan funds. 300j-13. Source water quality assessment. 300j-14. Source water petition program. 300j-15. Water conservation plan. 300j-16. Assistance to colonias. 300j-17. Estrogenic substances screening program. 300j-18. Drinking water studies. 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. 300j-24. Lead contamination in school drinking water. 300j-25. Federal assistance for State programs regarding lead contamination in school drinking water. 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. 300l. Requirement of matching funds. 300l-1. Requirement regarding medicaid. 300m. Requirements with respect to type and quality of services. 300n. Additional required agreements. 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. 300n-4. Evaluations and reports. 300n-4a. Supplemental grants for additional preventive health services. 300n-5. Funding for general program. SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT 300o to 300p-3. Repealed. PART A - LOANS AND LOAN GUARANTEES 300q. Loan and loan guarantee authority. 300q-1. Repealed. 300q-2. General provisions. PART B - PROJECT GRANTS 300r. Grants for construction or modernization projects. PART C - GENERAL PROVISIONS 300s. General regulations. 300s-1. Medical facility project applications. 300s-1a. Recovery of expenditures under certain conditions. 300s-2. State supervision or control of operations of facilities receiving funds. 300s-3. Definitions. 300s-4. Reporting and audit requirements for recipients. 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. 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. 300t-13. Grants to States for reduction of excess hospital capacity. 300t-14. Authorization of appropriations. SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION 300u. General authority of Secretary. 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. 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. 300u-6. Office of Minority Health. 300u-6a. Individual offices of minority health within the Department. 300u-7. Office of Adolescent Health. 300u-8. Biennial report regarding nutrition and health. 300u-9. Education regarding DES. 300u-10. National Prevention, Health Promotion and Public Health Council. 300u-11. Prevention and Public Health Fund. 300u-12. Education and outreach campaign regarding preventive benefits. 300u-13. Community transformation grants. 300u-14. Healthy aging, living well; evaluation of community-based prevention and wellness programs for Medicare beneficiaries. 300u-15. Research on optimizing the delivery of public health services. SUBCHAPTER XVI - PRESIDENT'S COMMISSION FOR THE STUDY OF ETHICAL PROBLEMS IN MEDICINE AND BIOMEDICAL AND BEHAVIOR RESEARCH 300v. Commission. 300v-1. Duties of Commission. 300v-2. Administrative provisions. 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. 300w-2. Payments under allotments to States. 300w-3. Use of allotments. 300w-4. Application for payments; State plan. 300w-5. Reports, data, and audits. 300w-6. Withholding of funds. 300w-7. Nondiscrimination provisions. 300w-8. Criminal penalty for false statements. 300w-9. Emergency medical services for children. 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. 300x-1. State plan for comprehensive community mental health services for certain individuals. 300x-2. Certain agreements. 300x-3. State mental health planning council. 300x-4. Additional provisions. 300x-5. Restrictions on use of payments. 300x-6. Application for grant. 300x-7. Determination of amount of allotment. 300x-8. Definitions. 300x-9. Funding. SUBPART II - BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE 300x-21. Formula grants to States. 300x-22. Certain allocations. 300x-23. Intravenous substance abuse. 300x-24. Requirements regarding tuberculosis and human immunodeficiency virus. 300x-25. Group homes for recovering substance abusers. 300x-26. State law regarding sale of tobacco products to individuals under age of 18. 300x-26a. Withholding of substance abuse funding under section 300x-26. 300x-27. Treatment services for pregnant women. 300x-28. Additional agreements. 300x-29. Submission to Secretary of statewide assessment of needs. 300x-30. Maintenance of effort regarding State expenditures. 300x-31. Restrictions on expenditure of grant. 300x-32. Application for grant; approval of State plan. 300x-33. Determination of amount of allotment. 300x-34. Definitions. 300x-35. Funding. SUBPART III - GENERAL PROVISIONS 300x-51. Opportunity for public comment on State plans. 300x-52. Requirement of reports and audits by States. 300x-53. Additional requirements. 300x-54. Disposition of certain funds appropriated for allotments. 300x-55. Failure to comply with agreements. 300x-56. Prohibitions regarding receipt of funds. 300x-57. Nondiscrimination. 300x-58. Technical assistance and provision of supplies and services in lieu of grant funds. 300x-59. Plans for performance partnerships. 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. 300x-64. Definitions. 300x-65. Services provided by nongovernmental organizations. 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. SUBPART II - INTERIM MAINTENANCE TREATMENT OF NARCOTICS DEPENDENCE 300y-11. Interim maintenance treatment. 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. 300z-4. Grants for demonstration projects for services. 300z-5. Requirements for applications. 300z-6. Coordination of programs. 300z-7. Research. 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. 300aa-11. Petitions for compensation. 300aa-12. Court jurisdiction. 300aa-13. Determination of eligibility and compensation. 300aa-14. Vaccine Injury Table. 300aa-15. Compensation. 300aa-16. Limitations of actions. 300aa-17. Subrogation. 300aa-18. Repealed. 300aa-19. Advisory Commission on Childhood Vaccines. SUBPART B - ADDITIONAL REMEDIES 300aa-21. Authority to bring actions. 300aa-22. Standards of responsibility. 300aa-23. Trial. SUBPART C - ASSURING A SAFER CHILDHOOD VACCINATION PROGRAM IN UNITED STATES 300aa-25. Recording and reporting of information. 300aa-26. Vaccine information. 300aa-27. Mandate for safer childhood vaccines. 300aa-28. Manufacturer recordkeeping and reporting. SUBPART D - GENERAL PROVISIONS 300aa-31. Citizen's actions. 300aa-32. Judicial review. 300aa-33. Definitions. 300aa-34. Termination of program. 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. 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. Repealed. 300cc-1. Requirement of expediting awards of grants and contracts for research. 300cc-2. Requirements with respect to processing of requests for personnel and administrative support. 300cc-3. Establishment of Research Advisory Committee. PART B - RESEARCH AUTHORITY 300cc-11. Clinical evaluation units at National Institutes of Health. 300cc-12. Use of investigational new drugs with respect to acquired immune deficiency syndrome. 300cc-13. Terry Beirn Community-Based AIDS Research Initiative. 300cc-14. Evaluation of certain treatments. 300cc-15. Support of international efforts. 300cc-16. Research centers. 300cc-17. Information services. 300cc-18. Development of model protocols for clinical care of infected individuals. 300cc-19. National blood resource education program. 300cc-20. Additional authority with respect to research. PART C - RESEARCH TRAINING 300cc-31. Fellowships and training. PART D - OFFICE OF AIDS RESEARCH SUBPART I - INTERAGENCY COORDINATION OF ACTIVITIES 300cc-40. Establishment of Office. 300cc-40a. Microbicide research. 300cc-40b. Advisory Council; coordinating committees. 300cc-40c. Comprehensive plan for expenditure of appropriations. 300cc-41. Additional authorities. SUBPART II - EMERGENCY DISCRETIONARY FUND 300cc-43. Emergency Discretionary Fund. SUBPART III - GENERAL PROVISIONS 300cc-45. General provisions regarding Office. 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. PART C - OTHER HEALTH SERVICES 300dd-31. Grants for anonymous testing. 300dd-32. Requirement of provision of certain counseling services. 300dd-33. Funding. 300dd-41. Transferred. SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME 300ee. Use of funds. 300ee-1. Establishment of office with respect to minority health and acquired immune deficiency syndrome. 300ee-2. Information for health and public safety workers. 300ee-3. Continuing education for health care providers. 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. 300ee-12. Provisions with respect to carrying out purpose of grants. 300ee-13. Requirement of submission of application containing certain agreements and assurances. 300ee-14. Restrictions on use of grant. 300ee-15. Requirement of reports and audits by States. 300ee-16. Additional required agreements. 300ee-17. Determination of amount of allotments for States. 300ee-18. Failure to comply with agreements. 300ee-19. Prohibition against certain false statements. 300ee-20. Technical assistance and 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. PART B - NATIONAL INFORMATION PROGRAMS 300ee-31. Availability of information to general public. 300ee-32. Public information campaigns. 300ee-33. Provision of information to underserved populations. 300ee-34. Authorization of appropriations. 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 SUBPART I - GENERAL GRANT PROVISIONS 300ff-11. Establishment of program of grants. 300ff-12. Administration and planning council. 300ff-13. Type and distribution of grants. 300ff-14. Use of amounts. 300ff-15. Application. 300ff-16. Technical assistance. 300ff-17. Definitions. 300ff-18. Repealed. SUBPART II - TRANSITIONAL GRANTS 300ff-19. Establishment of program. SUBPART III - GENERAL PROVISIONS 300ff-20. Authorization of appropriations. PART B - CARE GRANT PROGRAM SUBPART I - GENERAL GRANT PROVISIONS 300ff-21. Grants. 300ff-22. General use of grants. 300ff-23. Grants to establish HIV care consortia. 300ff-24. Grants for home- and community-based care. 300ff-25. Continuum of health insurance coverage. 300ff-26. Provision of treatments. 300ff-27. State application. 300ff-27a. Spousal notification. 300ff-28. Distribution of funds. 300ff-29. Technical assistance. 300ff-29a. Supplemental grants. 300ff-30. Emerging communities. 300ff-31. Repealed. 300ff-31a. Timeframe for obligation and expenditure of grant funds. 300ff-31b. Authorization of appropriations. SUBPART II - PROVISIONS CONCERNING PREGNANCY AND PERINATAL TRANSMISSION OF HIV 300ff-33. Early diagnosis grant program. 300ff-34. Perinatal transmission of HIV/AIDS; contingent requirement regarding State grants under this part. 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. SUBPART III - CERTAIN PARTNER NOTIFICATION PROGRAMS 300ff-38. Grants for partner notification programs. PART C - EARLY INTERVENTION SERVICES 300ff-41 to 300ff-50. Repealed. SUBPART I - CATEGORICAL GRANTS 300ff-51. Establishment of a program. 300ff-52. Minimum qualifications of grantees. 300ff-53. Preferences in making grants. 300ff-54. Miscellaneous provisions. 300ff-55. Authorization of appropriations. SUBPART II - GENERAL PROVISIONS 300ff-61. Confidentiality and informed consent. 300ff-62. Provision of certain counseling services. 300ff-63. Applicability of requirements regarding confidentiality, informed consent, and counseling. 300ff-64. Additional required agreements. 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. 300ff-67. Use of funds. PART D - WOMEN, INFANTS, CHILDREN, AND YOUTH 300ff-71. Grants for coordinated services and access to research for women, infants, children, and youth. PART E - GENERAL PROVISIONS 300ff-81. Coordination. 300ff-82. Audits. 300ff-83. Public health emergency. 300ff-84. Prohibition on promotion of certain activities. 300ff-85. Privacy protections. 300ff-86. GAO report. 300ff-87. Severity of need index. 300ff-87a. National HIV/AIDS testing goal. 300ff-88. Definitions. PART F - DEMONSTRATION AND TRAINING SUBPART I - SPECIAL PROJECTS OF NATIONAL SIGNIFICANCE 300ff-101. Special projects of national significance. SUBPART II - AIDS EDUCATION AND TRAINING CENTERS 300ff-111. HIV/AIDS communities, schools, and centers. SUBPART III - MINORITY AIDS INITIATIVE 300ff-121. Minority AIDS initiative. PART G - NOTIFICATION OF POSSIBLE EXPOSURE TO INFECTIOUS DISEASES 300ff-131. Infectious diseases and circumstances relevant to notification requirements. 300ff-132. Routine notifications with respect to airborne infectious diseases in victims assisted. 300ff-133. Request for notification with respect to victims assisted. 300ff-134. Procedures for notification of exposure. 300ff-135. Notification of employee. 300ff-136. Selection of designated officers. 300ff-137. Limitation with respect to duties of medical facilities. 300ff-138. Miscellaneous provisions. 300ff-139. Injunctions regarding violation of prohibition. 300ff-140. Applicability of part. SUBCHAPTER XXV - REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE PART A - INDIVIDUAL AND GROUP MARKET REFORMS SUBPART I - GENERAL REFORM 300gg. Fair health insurance premiums. 300gg-1. Guaranteed availability of coverage. 300gg-2. Guaranteed renewability of coverage. 300gg-3. Prohibition of preexisting condition exclusions or other discrimination based on health status. 300gg-4. Prohibiting discrimination against individual participants and beneficiaries based on health status. 300gg-5. Non-discrimination in health care. 300gg-6. Comprehensive health insurance coverage. 300gg-7. Prohibition on excessive waiting periods. 300gg-8. Coverage for individuals participating in approved clinical trials. 300gg-9. Disclosure of information. SUBPART II - IMPROVING COVERAGE 300gg-11. No lifetime or annual limits. 300gg-12. Prohibition on rescissions. 300gg-13. Coverage of preventive health services. 300gg-14. Extension of dependent coverage. 300gg-15. Development and utilization of uniform explanation of coverage documents and standardized definitions. 300gg-15a. Provision of additional information. 300gg-16. Prohibition on discrimination in favor of highly compensated individuals. 300gg-17. Ensuring the quality of care. 300gg-18. Bringing down the cost of health care coverage. 300gg-19. Appeals process. 300gg-19a. Patient protections. SUBPART 2 - EXCLUSION OF PLANS; ENFORCEMENT; PREEMPTION 300gg-21. Exclusion of certain plans. 300gg-22. Enforcement. 300gg-23. Preemption; State flexibility; construction. 300gg-25. Standards relating to benefits for mothers and newborns. 300gg-26. Parity in mental health and substance use disorder benefits. 300gg-27. Required coverage for reconstructive surgery following mastectomies. 300gg-28. Coverage of dependent students on medically necessary leave of absence. 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. 300gg-42. Guaranteed renewability of individual health insurance coverage. 300gg-43. Certification of coverage. 300gg-44. State flexibility in individual market reforms. 300gg-45. Relief for high risk pools. SUBPART 2 - OTHER REQUIREMENTS 300gg-51. Standards relating to benefits for mothers and newborns. 300gg-52. Required coverage for reconstructive surgery following mastectomies. 300gg-53. Prohibition of health discrimination on the basis of genetic information. 300gg-54. Coverage of dependent students on medically necessary leave of absence. SUBPART 3 - GENERAL PROVISIONS 300gg-61. Enforcement. 300gg-62. Preemption and application. 300gg-63. General exceptions. PART C - DEFINITIONS; MISCELLANEOUS PROVISIONS 300gg-91. Definitions. 300gg-92. Regulations. 300gg-93. Health insurance consumer information. 300gg-94. Ensuring that consumers get value for their dollars. 300gg-95. Uniform fraud and abuse referral format. SUBCHAPTER XXVI - NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC HEALTH EMERGENCIES PART A - NATIONAL ALL-HAZARDS PREPAREDNESS AND RESPONSE PLANNING, COORDINATING, AND REPORTING 300hh. Public health and medical preparedness and response functions. 300hh-1. National Health Security Strategy. 300hh-2. Enhancing medical surge capacity. PART B - ALL-HAZARDS EMERGENCY PREPAREDNESS AND RESPONSE 300hh-10. Coordination of preparedness for and response to all-hazards public health emergencies. 300hh-11. National Disaster Medical System. 300hh-12. Transferred. 300hh-13. Evaluation of new and emerging technologies regarding bioterrorist attack and other public health emergencies. 300hh-14. Protection of health and safety during disasters. 300hh-15. Volunteer Medical Reserve Corps. 300hh-16. At-risk individuals. 300hh-17. Emergency response coordination of primary care providers. PART C - STRENGTHENING PUBLIC HEALTH SURVEILLANCE SYSTEMS 300hh-31. Epidemiology-laboratory capacity grants. SUBCHAPTER XXVII - LIFESPAN RESPITE CARE 300ii. Definitions. 300ii-1. Lifespan respite care grants and cooperative agreements. 300ii-2. National lifespan respite resource center. 300ii-3. Report. 300ii-4. Authorization of appropriations. SUBCHAPTER XXVIII - HEALTH INFORMATION TECHNOLOGY AND QUALITY 300jj. Definitions. PART A - PROMOTION OF HEALTH INFORMATION TECHNOLOGY 300jj-11. Office of the National Coordinator for Health Information Technology. 300jj-12. HIT Policy Committee. 300jj-13. HIT Standards Committee. 300jj-14. Process for adoption of endorsed recommendations; adoption of initial set of standards, implementation specifications, and certification criteria. 300jj-15. Application and use of adopted standards and implementation specifications by Federal agencies. 300jj-16. Voluntary application and use of adopted standards and implementation specifications by private entities. 300jj-17. Federal health information technology. 300jj-18. Transitions. 300jj-19. Miscellaneous provisions. PART B - INCENTIVES FOR THE USE OF HEALTH INFORMATION TECHNOLOGY 300jj-31. Immediate funding to strengthen the health information technology infrastructure. 300jj-32. Health information technology implementation assistance. 300jj-33. State grants to promote health information technology. 300jj-34. Competitive grants to States and Indian tribes for the development of loan programs to facilitate the widespread adoption of certified EHR technology. 300jj-35. Demonstration program to integrate information technology into clinical education. 300jj-36. Information technology professionals in health care. 300jj-37. General grant and loan provisions. 300jj-38. Authorization for appropriations. PART C - OTHER PROVISIONS 300jj-51. Health information technology enrollment standards and protocols. SUBCHAPTER XXIX - DATA COLLECTION, ANALYSIS, AND QUALITY 300kk. Data collection, analysis, and quality. SUBCHAPTER XXX - COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORTS 300ll. Purpose. 300ll-1. Definitions. 300ll-2. CLASS Independence Benefit Plan. 300ll-3. Enrollment and disenrollment requirements. 300ll-4. Benefits. 300ll-5. CLASS Independence Fund. 300ll-6. CLASS Independence Advisory Council. 300ll-7. Solvency and fiscal independence; regulations; annual report. 300ll-8. Inspector General's report. 300ll-9. Tax treatment of program. SUBCHAPTER XXXI - WORLD TRADE CENTER HEALTH PROGRAM PART A - ESTABLISHMENT OF PROGRAM; ADVISORY COMMITTEE 300mm. Establishment of World Trade Center Health Program. 300mm-1. WTC Health Program Scientific/Technical Advisory Committee; WTC Health Program Steering Committees. 300mm-2. Education and outreach. 300mm-3. Uniform data collection and analysis. 300mm-4. Clinical Centers of Excellence and Data Centers. 300mm-5. Definitions. PART B - PROGRAM OF MONITORING, INITIAL HEALTH EVALUATIONS, AND TREATMENT SUBPART 1 - WTC RESPONDERS 300mm-21. Identification of WTC responders and provision of WTC-related monitoring services. 300mm-22. Treatment of enrolled WTC responders for WTC-related health conditions. 300mm-23. National arrangement for benefits for eligible individuals outside New York. SUBPART 2 - WTC SURVIVORS 300mm-31. Identification and initial health evaluation of screening-eligible and certified-eligible WTC survivors. 300mm-32. Followup monitoring and treatment of certified-eligible WTC survivors for WTC-related health conditions. 300mm-33. Followup monitoring and treatment of other individuals with WTC-related health conditions. SUBPART 3 - PAYOR PROVISIONS 300mm-41. Payment of claims. 300mm-42. Administrative arrangement authority. PART C - RESEARCH INTO CONDITIONS 300mm-51. Research regarding certain health conditions related to September 11 terrorist attacks. 300mm-52. World Trade Center Health Registry. PART D - FUNDING 300mm-61. World Trade Center Health Program Fund. -End- -CITE- 42 USC SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS -HEAD- SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS -End- -CITE- 42 USC Sec. 201 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS -HEAD- Sec. 201. Definitions -STATUTE- When used in this chapter - (a) The term "Service" means the Public Health Service; (b) The term "Surgeon General" means the Surgeon General of the Public Health Service; (c) Unless the context otherwise requires, the term "Secretary" means the Secretary of Health and Human Services. (d) The term "regulations", except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; (e) The term "executive department" means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; (f) Except as provided in sections 246(g)(4)(B),(!1) 247c(c)(1),(!1) 254d(h)(3),(!1) 263c(5),(!1) 264(d), 292a(9),(!1) 300a(c), 300f(13), and 300n(1) (!1) of this title, the term "State" includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. (g) The term "possession" includes, among other possessions, Puerto Rico and the Virgin Islands; (h) Repealed. Pub. L. 97-35, title IX, Sec. 986(a), Aug. 13, 1981, 95 Stat. 603. (i) The term "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; (j) The term "habit-forming narcotic drug" or "narcotic" means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca plant; all compounds, salts, preparations, or other derivatives obtained either from the raw material or from the various alkaloids; Indian hemp and its various derivatives, compounds, and preparations, and peyote in its various forms; isonipecaine and its derivatives, compounds, salts, and preparations; opiates (as defined in section 4731(g) (!1) of title 26); (k) The term "addict" means any person who habitually uses any habit-forming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction; (l) The term "psychiatric disorders" includes diseases of the nervous system which affect mental health; (m) The term "State mental health authority" means the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsibility for administering the mental health program of the State, it means such other State agency; (n) The term "heart diseases" means diseases of the heart and circulation; (o) The term "dental diseases and conditions" means diseases and conditions affecting teeth and their supporting structures, and other related diseases of the mouth; and (p) The term "uniformed service" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, or National Oceanic and Atmospheric Administration. (q) The term "drug dependent person" means a person who is using a controlled substance (as defined in section 802 of title 21) and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence. -SOURCE- (July 1, 1944, ch. 373, title I, Sec. 2, 58 Stat. 682; July 3, 1946, ch. 538, Sec. 3, 60 Stat. 421; Feb. 28, 1948, ch. 83, Sec. 1, 62 Stat. 38; June 16, 1948, ch. 481, Sec. 6(a), 62 Stat. 469; June 24, 1948, ch. 621, Sec. 6(a), 62 Stat. 601; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86-70, Sec. 31(a), June 25, 1959, 73 Stat. 148; Pub. L. 86-415, Sec. 5(a), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-624, Sec. 29(a), July 12, 1960, 74 Stat. 419; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 91-212, Sec. 11, Mar. 13, 1970, 84 Stat. 67; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 91-513, title I, Sec. 2(b), Oct. 27, 1970, 84 Stat. 1240; Pub. L. 93-523, Sec. 2(b), Dec. 16, 1974, 88 Stat. 1693; Pub. L. 94-317, title III, Sec. 301(a), June 23, 1976, 90 Stat. 707; Pub. L. 94-484, title IX, Sec. 905(a), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95-83, title I, Sec. 107, Aug. 1, 1977, 91 Stat. 386; Pub. L. 96-79, title II, Sec. 203(e)(2), Oct. 4, 1979, 93 Stat. 635; Pub. L. 97-35, title IX, Secs. 902(d)(5), 986(a), Aug. 13, 1981, 95 Stat. 560, 603; Pub. L. 103-43, title XX, Sec. 2008(e), June 10, 1993, 107 Stat. 212.) -REFTEXT- REFERENCES IN TEXT Section 246(g) of this title, referred to in subsec. (f), was repealed by Pub. L. 96-398, title I, Sec. 107(d), Oct. 7, 1980, 94 Stat. 1571. Section 247c(c)(1) of this title, referred to in subsec. (f), was repealed by Pub. L. 94-317, title II, Sec. 203(f)(1), June 23, 1976, 90 Stat. 704. Section 254d(h)(3) of this title, referred to in subsec. (f), was redesignated section 254d(i)(4) of this title by Pub. L. 100-177, title II, Sec. 202(b)(5), title III, Sec. 301(1), Dec. 1, 1987, 101 Stat. 996, 1003, and was subsequently redesignated section 254d(j)(4) of this title by Pub. L. 107-251, title III, Sec. 301(b)(1), Oct. 26, 2002, 116 Stat. 1643. Section 263c(5) of this title, referred to in subsec. (f), was in the original a reference to section 355(5) of the Public Health Service Act which was redesignated section 531(5) of the Federal Food, Drug, and Cosmetic Act by Pub. L. 101-629, Sec. 19(a)(3), Nov. 28, 1990, 104 Stat. 4530, and is now classified to section 360hh(5) of Title 21, Food and Drugs. Section 292a of this title, referred to in subsec. (f), contained definitions for purposes of subchapter V of this chapter prior to the general revision of subchapter V by Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1994. See sections 292o and 295p of this title. Section 300n of this title, referred to in subsec. (f), was repealed by Pub. L. 99-660, title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799. Section 4731(g) of title 26, referred to in subsec. (j), was repealed by Pub. L. 91-513, title III, Sec. 1101(b)(3)(A), Oct. 27, 1970, 84 Stat. 1292. A definition of "opiate" is contained in section 102 of Pub. L. 91-513, which is classified to section 802 of Title 21, Food and Drugs. Reference to section 4731(g) of title 26 was substituted for "section 3228(f) of title 26" on authority of section 7852(b) of Title 26, Internal Revenue Code, which provides that a reference in other laws to the Internal Revenue Code of 1939 is deemed a reference to the corresponding provision of the Internal Revenue Code of 1986. -COD- CODIFICATION Section was enacted as part of title I of act July 1, 1944, ch. 373, 58 Stat. 682, and not as part of title II of such Act which comprises this subchapter. -MISC1- AMENDMENTS 1993 - Subsec. (c). Pub. L. 103-43 substituted "Health and Human Services" for "Health, Education, and Welfare". 1981 - Subsec. (f). Pub. L. 97-35, Sec. 902(d)(5), struck out reference to section 300d(2) of this title. Subsec. (h). Pub. L. 97-35, Sec. 986(a), struck out subsec. (h) which defined "seamen". 1979 - Subsec. (f). Pub. L. 96-79 struck out from enumeration of excepted sections reference to section 300s-3(1) of this title. 1977 - Subsec. (f). Pub. L. 95-83 expanded definition of "State" to include American Samoa and the Trust Territory of the Pacific Islands. 1976 - Subsec. (f). Pub. L. 94-484 amended subsec. (f) generally. Pub. L. 94-317 substituted provisions defining, with certain specific exceptions, "State" to include the several States, the District of Columbia, Guam, Puerto Rico and the Virgin Islands for provisions defining "State" to include a State or the District of Columbia, Puerto Rico, or the Virgin Islands, except in section 264(d) of this title such term means a State or the District of Columbia, and in subchapter XII of this chapter such term includes Guam, American Samoa, and the Trust Territory of the Pacific Islands. 1974 - Subsec. (f). Pub. L. 93-523 designated existing provisions as cl. (1) and added cl. (2). 1970 - Subsec. (c). Pub. L. 91-212 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The term 'Administrator' means the Federal Security Administrator;". Subsec. (q). Pub. L. 91-513 added subsec. (q). 1960 - Subsec. (f). Pub. L. 86-624 struck out "Hawaii," before "Puerto Rico". Subsec. (p). Pub. L. 86-415 added subsec. (p). 1959 - Subsec. (f). Pub. L. 86-70 struck out "Alaska," after "Hawaii," and substituted "or the District of Columbia" for ", the District of Columbia, or Alaska". 1948 - Subsec. (j). Act Feb. 28, 1948, inserted "isonipecaine and its derivatives, compounds, salts, and preparations; opiates (as defined in section 4731(g) of title 26)". Subsec. (n). Act June 16, 1948, added subsec. (n). Subsec. (o). Act June 24, 1948, added subsec. (o). 1946 - Subsecs. (l), (m). Act July 3, 1946, added subsecs. (l) and (m). -CHANGE- CHANGE OF NAME Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, abolished Environmental Science Services Administration, established National Oceanic and Atmospheric Administration, and redesignated Commissioned Officer Corps of ESSA as Commissioned Officer Corps of NOAA. For further details, see Transfer of Functions note set out under section 851 of Title 33, Navigation and Navigable Waters. -MISC2- EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-310, div. A, title XXIX, Sec. 2901, Oct. 17, 2000, 114 Stat. 1168, provided that: "This division [see Tables for classification] and the amendments made by this division take effect October 1, 2000, or upon the date of the enactment of this Act [Oct. 17, 2000], whichever occurs later." EFFECTIVE DATE OF 1993 AMENDMENT Section 2101 of Pub. L. 103-43 provided that: "Subject to section 203(c) [enacting provisions set out as a note under section 283c of this title], this Act [see Short Title of 1993 Amendment note below] and the amendments made by this Act take effect upon the date of the enactment of this Act [June 10, 1993]." EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 902(d)(5) of Pub. L. 97-35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as a note under section 238l of this title. Amendment by section 986(a) of Pub. L. 97-35 effective Oct. 1, 1981, see section 986(c) of Pub. L. 97-35, set out as a note under section 249 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-79 effective Oct. 1, 1979, see section 204 of Pub. L. 96-79, set out as a note under section 300q of this title. EFFECTIVE DATE OF 1970 AMENDMENT Section 12(b) of Pub. L. 91-212 provided that: "The amendments made by sections 10(d) and 11 [amending this section and sections 276, 277, 278, 280, 280a-1, 280b-2 to 280b-9, and 280b-11 of this title] shall take effect on the date of enactment of this Act [Mar. 13, 1970]." EFFECTIVE DATE OF 1960 AMENDMENT Section 47(f) of Pub. L. 86-624 provided that: "The amendments made by subsection (c), paragraphs (3) and (4) of subsection (b), and paragraph (4) of subsection (d) of section 14 [amending sections 15i, 15jj, 15ggg, 244, and 645 of Title 20, Education], by section 20(a) [amending section 41 of Title 29, Labor], by section 23(b) [amending section 466j of Title 33, Navigation and Navigable Waters], by subsections (a), (b), and (c), and paragraph (4) of subsection (d), of section 29 [amending this section and sections 255, 264, and 291i of this title], and by subsection (d), and paragraph (2) of subsection (c), of section 30 [amending sections 410 and 1301 of this title] shall become effective on August 21, 1959." EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-70 effective Jan. 3, 1959, see section 47(d) of Pub. L. 86-70. SHORT TITLE OF 2011 AMENDMENT Pub. L. 112-32, Sec. 1, Sept. 30, 2011, 125 Stat. 361, provided that: "This Act [amending sections 280i to 280i-4 of this title] may be cited as the 'Combating Autism Reauthorization Act of 2011'." Pub. L. 111-380, Sec. 1, Jan. 4, 2011, 124 Stat. 4131, provided that: "This Act [amending section 300g-6 of this title and enacting provisions set out as a note under section 300g-6 of this title] may be cited as the 'Reduction of Lead in Drinking Water Act'." Pub. L. 111-347, Sec. 1(a), Jan. 2, 2011, 124 Stat. 3623, provided that: "This Act [enacting subchapter XXXI of this chapter, section 5000C of Title 26, Internal Revenue Code, and provisions set out as a note under section 5000C of Title 26 and amending provisions set out as notes under section 1101 of Title 8, Aliens and Nationality, and section 40101 of Title 49, Transportation] may be cited as the 'James Zadroga 9/11 Health and Compensation Act of 2010'." SHORT TITLE OF 2010 AMENDMENT Pub. L. 111-337, Sec. 1, Dec. 22, 2010, 124 Stat. 3588, provided that: "This Act [amending section 280g-1 of this title] may be cited as the 'Early Hearing Detection and Intervention Act of 2010'." Pub. L. 111-264, Sec. 1, Oct. 8, 2010, 124 Stat. 2789, provided that: "This Act [amending sections 274k and 274m of this title and amending provisions set out as a note under section 274k of this title] may be cited as the 'Stem Cell Therapeutic and Research Reauthorization Act of 2010'." Pub. L. 111-148, title VII, Sec. 7001(a), Mar. 23, 2010, 124 Stat. 804, provided that: "This subtitle [subtitle A (Secs. 7001- 7003) of title VII of Pub. L. 111-148, amending sections 262 and 284m of this title, sections 355, 355a, 355c, and 379g of Title 21, Food and Drugs, section 2201 of Title 28, Judiciary and Judicial Procedure, and section 271 of Title 35, Patents, and enacting provisions set out as notes under section 262 of this title] may be cited as the 'Biologics Price Competition and Innovation Act of 2009'." Pub. L. 111-148, title VIII, Sec. 8001, Mar. 23, 2010, 124 Stat. 828, provided that: "This title [enacting subchapter XXX of this chapter, amending section 1396a of this title, enacting provisions set out as notes under section 300ll of this title, and amending provisions set out as a note under section 1396p of this title] may be cited as the 'Community Living Assistance Services and Supports Act' or the 'CLASS Act'." Pub. L. 111-148, title X, Sec. 10409(a), Mar. 23, 2010, 124 Stat. 978, provided that: "This section [enacting section 282d of this title and amending sections 282 and 290b of this title] may be cited as the 'Cures Acceleration Network Act of 2009'." Pub. L. 111-148, title X, Sec. 10410(a), Mar. 23, 2010, 124 Stat. 984, provided that: "This section [enacting section 290bb-33 of this title] may be cited as the 'Establishing a Network of Health- Advancing National Centers of Excellence for Depression Act of 2009' or the 'ENHANCED Act of 2009'." Pub. L. 111-148, title X, Sec. 10411(a), Mar. 23, 2010, 124 Stat. 988, provided that: "This subtitle [probably means this section, enacting sections 280g-13 and 285b-8 of this title] may be cited as the 'Congenital Heart Futures Act'." Pub. L. 111-148, title X, Sec. 10413(a), Mar. 23, 2010, 124 Stat. 990, provided that: "This section [enacting part V of subchapter II of this chapter] may be cited as the 'Young Women's Breast Health Education and Awareness Requires Learning Young Act of 2009' or the 'EARLY Act'." SHORT TITLE OF 2009 AMENDMENT Pub. L. 111-87, Sec. 1(a), Oct. 30, 2009, 123 Stat. 2885, provided that: "This Act [enacting section 300ff-87a of this title and part G of subchapter XXIV of this chapter, amending sections 300ff-11 to 300ff-17, 300ff-19 to 300ff-27, 300ff-28, 300ff-29, 300ff-29a, 300ff-30, 300ff-31a, 300ff-31b, 300ff-33, 300ff-34, 300ff-37, 300ff-37a, 300ff-38, 300ff-51 to 300ff-55, 300ff-61 to 300ff-67, 300ff-71, 300ff-81 to 300ff-88, 300ff-101, 300ff-111, and 300ff-121 of this title, enacting provisions set out as notes under section 300ff-11 of this title, and repealing provisions set out as a note under section 300ff-11 of this title] may be cited as the 'Ryan White HIV/AIDS Treatment Extension Act of 2009'." Pub. L. 111-11, title XIV, Sec. 14001, Mar. 30, 2009, 123 Stat. 1452, provided that: "This title [enacting sections 280g-9, 284o, and 284p of this title] may be cited as the 'Christopher and Dana Reeve Paralysis Act'." Pub. L. 111-5, div. A, title XIII, Sec. 13001(a), Feb. 17, 2009, 123 Stat. 226, provided that: "This title [enacting subchapter XXVIII of this chapter and chapter 156 of this title, amending sections 1320d, 1320d-5, and 1320d-6 of this title, and enacting provisions set out as a note under section 17931 of this title] (and title IV of division B [amending sections 1395f, 1395r, 1395w, 1395w-4, 1395w-21, 1395w-23, 1395ww, 1395iii, and 1396b of this title, enacting provisions set out as a note under section 1395ww of this title, and amending provisions set out as notes under section 1395ww of this title]) may be cited as the 'Health Information Technology for Economic and Clinical Health Act' or the 'HITECH Act'." SHORT TITLE OF 2008 AMENDMENT Pub. L. 110-426, Sec. 1, Oct. 15, 2008, 122 Stat. 4835, provided that: "This Act [amending section 274 of this title and enacting provisions set out as a note under section 274 of this title] may be cited as the 'Stephanie Tubbs Jones Organ Transplant Authorization Act of 2008'." Pub. L. 110-413, Sec. 1, Oct. 14, 2008, 122 Stat. 4338, provided that: "This Act [enacting sections 274i to 274i-4 of this title] may be cited as the 'Stephanie Tubbs Jones Gift of Life Medal Act of 2008'." Pub. L. 110-392, Sec. 1(a), Oct. 13, 2008, 122 Stat. 4195, provided that: "This Act [enacting section 285b-7c of this title, amending section 247b-6 of this title, and enacting provisions set out as notes under sections 247b-6 and 264 of this title] may be cited as the 'Comprehensive Tuberculosis Elimination Act of 2008'." Pub. L. 110-381, Sec. 1, Oct. 9, 2008, 122 Stat. 4081, provided that: "This Act [enacting sections 300gg-7 and 300gg-54 of this title, section 9813 of Title 26, Internal Revenue Code, and section 1185c of Title 29, Labor, and enacting provisions set out as a note under section 9813 of Title 26] may be cited as 'Michelle's Law'." Pub. L. 110-377, Sec. 1, Oct. 8, 2008, 122 Stat. 4063, provided that: "This Act [amending sections 300d-71 to 300d-73 of this title and enacting provisions set out as notes under sections 300d-71 to 300d-73 of this title] may be cited as the 'Poison Center Support, Enhancement, and Awareness Act of 2008'." Pub. L. 110-374, Sec. 1, Oct. 8, 2008, 122 Stat. 4051, provided that: "This Act [enacting section 280g-8 of this title and provisions set out as a note under section 280g-8 of this title] may be cited as the 'Prenatally and Postnatally Diagnosed Conditions Awareness Act'." Pub. L. 110-373, Sec. 1, Oct. 8, 2008, 122 Stat. 4047, provided that: "This Act [enacting section 280g-7 of this title] may be cited as the 'ALS Registry Act'." Pub. L. 110-361, Sec. 1, Oct. 8, 2008, 122 Stat. 4010, provided that: "This Act [amending sections 247b-18, 247b-19, and 283g of this title] may be cited as the 'Paul D. Wellstone Muscular Dystrophy Community Assistance, Research, and Education Amendments of 2008'." Pub. L. 110-355, Sec. 1, Oct. 8, 2008, 122 Stat. 3988, provided that: "This Act [enacting section 300hh-17 of this title, amending sections 254b, 254c, 254e, 254f, 254h-1, 254k, 254q, 254q-1, 256g, and 1395x of this title, and enacting provisions set out as notes under sections 254b and 1395x of this title] may be cited as the 'Health Care Safety Net Act of 2008'." Pub. L. 110-354, Sec. 1, Oct. 8, 2008, 122 Stat. 3984, provided that: "This Act [enacting section 285a-12 of this title] may be cited as the 'Breast Cancer and Environmental Research Act of 2008'." Pub. L. 110-343, div. C, title V, Sec. 511, Oct. 3, 2008, 122 Stat. 3881, provided that: "This subtitle [subtitle B (Secs. 511, 512) of title V of div. C of Pub. L. 110-343, amending section 300gg-5 of this title, section 9812 of Title 26, Internal Revenue Code, and section 1185a of Title 29, Labor, and enacting provisions set out as notes under section 300gg-5 of this title] may be cited as the 'Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008'." Pub. L. 110-339, Sec. 1, Oct. 3, 2008, 122 Stat. 3733, provided that: "This Act [amending section 254c-8 of this title] may be cited as the 'Healthy Start Reauthorization Act of 2007'." Pub. L. 110-285, Sec. 1, July 29, 2008, 122 Stat. 2628, provided that: "This Act [enacting sections 280e-3a and 285a-11 of this title, amending section 280e-4 of this title, and enacting provisions set out as a note under section 280e-3a of this title] may be cited as the 'Caroline Pryce Walker Conquer Childhood Cancer Act of 2008'." Pub. L. 110-206, Sec. 1, Apr. 28, 2008, 122 Stat. 714, provided that: "This Act [enacting section 280b-1e of this title and amending sections 280b-1b, 280b-1c, 280b-1d, 300d-52, 300d-53, and 300d-61 of this title] may be cited as the 'Traumatic Brain Injury Act of 2008'." Pub. L. 110-204, Sec. 1, Apr. 24, 2008, 122 Stat. 705, as amended by Pub. L. 110-237, Sec. 1(b)(1), May 27, 2008, 122 Stat. 1557, provided that: "This Act [enacting sections 300b-11 to 300b-15 of this title and amending sections 300b-8 to 300b-10 of this title] may be cited as the 'Newborn Screening Saves Lives Act of 2008'." Pub. L. 110-202, Sec. 1, Apr. 23, 2008, 122 Stat. 697, provided that: "This Act [enacting section 280b-1f of this title] may be cited as the 'Safety of Seniors Act of 2007'." SHORT TITLE OF 2007 AMENDMENT Pub. L. 110-170, Sec. 1, Dec. 26, 2007, 121 Stat. 2465, provided that: "This Act [amending sections 287a-3a and 287a-4 of this title] may be cited as the 'Chimp Haven is Home Act'." Pub. L. 110-144, Sec. 1, Dec. 21, 2007, 121 Stat. 1813, provided that: "This Act [enacting section 273b of this title, amending section 274e of this title, and enacting provisions set out as a note under section 274e of this title] may be cited as the 'Charlie W. Norwood Living Organ Donation Act'." Pub. L. 110-23, Sec. 1, May 3, 2007, 121 Stat. 90, provided that: "This Act [enacting section 300d-5 of this title, amending sections 300d, 300d-3, 300d-12 to 300d-15, 300d-22, 300d-32, 300d-51, and 300d-52 of this title, and repealing sections 300d-2 and 300d-16 of this title] may be cited as the 'Trauma Care Systems Planning and Development Act of 2007'." Pub. L. 110-18, Sec. 1, Apr. 20, 2007, 121 Stat. 80, provided that: "This Act [amending sections 300k, 300m, 300n-4, and 300n-5 of this title] may be cited as the 'National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2007'." Pub. L. 109-482, Sec. 1, Jan. 15, 2007, 120 Stat. 3675, provided that: "This Act [see Tables for classification] may be cited as the 'National Institutes of Health Reform Act of 2006'." Pub. L. 109-475, Sec. 1, Jan. 12, 2007, 120 Stat. 3565, provided that: "This Act [amending section 247b-17 of this title] may be cited as the 'Gynecologic Cancer Education and Awareness Act of 2005' or 'Johanna's Law'." SHORT TITLE OF 2006 AMENDMENT Pub. L. 109-450, Sec. 1, Dec. 22, 2006, 120 Stat. 3341, provided that: "This Act [enacting sections 247b-4f, 247b-4g, and 280g-5 of this title, amending sections 241 and 280g-4 of this title, and enacting provisions set out as a note under section 247b-4f of this title] may be cited as the 'Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act' or the 'PREEMIE Act'." Pub. L. 109-442, Sec. 1, Dec. 21, 2006, 120 Stat. 3291, provided that: "This Act [enacting sections 300ii to 300ii-4 of this title] may be cited as the 'Lifespan Respite Care Act of 2006'." Pub. L. 109-422, Sec. 1, Dec. 20, 2006, 120 Stat. 2890, provided that: "This Act [amending section 290bb-25b of this title] may be cited as the 'Sober Truth on Preventing Underage Drinking Act' or the 'STOP Act'." Pub. L. 109-417, Sec. 1(a), Dec. 19, 2006, 120 Stat. 2831, provided that: "This Act [enacting sections 204a, 247d-7e, 247d-7f, 254u, 300hh-1, 300hh-2, 300hh-10, 300hh-15, and 300hh-16 of this title and section 360bbb-4 of Title 21, Food and Drugs, amending sections 215, 247d-1, 247d-3a, 247d-3b, 247d-4, 247d-6, 247d-6a, 247d-6b, 247d-7b, 254d, 254q-1, 300hh, 300hh-11, and 1320b-5 of this title, sections 313, 314, and 321j of Title 6, Domestic Security, and section 8117 of Title 38, Veterans' Benefits, repealing sections 247d-2 and 247d-3 of this title, and enacting provisions set out as notes under sections 204a, 247d-6a, 262a, 300hh-10, 300hh-11, and 1320b-5 of this title and section 313 of Title 6] may be cited as the 'Pandemic and All-Hazards Preparedness Act'." Pub. L. 109-416, Sec. 1, Dec. 19, 2006, 120 Stat. 2821, provided that: "This Act [enacting sections 280i to 280i-4 and 283j of this title, amending section 284g of this title, and repealing sections 247b-4b to 247b-4e of this title] may be cited as the 'Combating Autism Act of 2006'." Pub. L. 109-415, Sec. 1(a), Dec. 19, 2006, 120 Stat. 2767, provided that: "This Act [enacting sections 300ff-19, 300ff-20, 300ff-29a, 300ff-31a, 300ff-31b, and 300ff-121 of this title, amending sections 300ff-11 to 300ff-17, 300ff-19 to 300ff-27, 300ff- 28, 300ff-29, 300ff-29a, 300ff-30, 300ff-31a, 300ff-31b, 300ff-33, 300ff-34, 300ff-37, 300ff-37a, 300ff-38, 300ff-51 to 300ff-55, 300ff-61 to 300ff-67, 300ff-71, 300ff-81 to 300ff-88, 300ff-101, 300ff-111, and 300ff-121 of this title, and enacting provisions set out as a note under section 300ff-11 of this title] may be cited as the 'Ryan White HIV/AIDS Treatment Modernization Act of 2006'." Pub. L. 109-307, Sec. 1, Oct. 6, 2006, 120 Stat. 1721, provided that: "This Act [amending section 256e of this title] may be cited as the 'Children's Hospital GME Support Reauthorization Act of 2006'." Pub. L. 109-242, Sec. 1, July 19, 2006, 120 Stat. 570, provided that: "This Act [amending section 289g-2 of this title] may be cited as the 'Fetus Farming Prohibition Act of 2006'." Pub. L. 109-172, Sec. 1, Feb. 10, 2006, 120 Stat. 185, provided that: "This Act [amending section 300gg-45 of this title] may be cited as the 'State High Risk Pool Funding Extension Act of 2006'." SHORT TITLE OF 2005 AMENDMENTS Pub. L. 109-148, div. C, Sec. 1, Dec. 30, 2005, 119 Stat. 2818, provided that: "This division [enacting sections 247d-6d and 247d- 6e of this title] may be cited as the 'Public Readiness and Emergency Preparedness Act'." Pub. L. 109-129, Sec. 1, Dec. 20, 2005, 119 Stat. 2550, provided that: "This Act [enacting section 274l-1 of this title, amending sections 274k, 274l, and 274m of this title, and enacting provisions set out as a note under section 274k of this title] may be cited as the 'Stem Cell Therapeutic and Research Act of 2005'." Pub. L. 109-60, Sec. 1, Aug. 11, 2005, 119 Stat. 1979, provided that: "This Act [enacting section 280g-3 of this title and provisions set out as a note under section 280g-3 of this title] may be cited as the 'National All Schedules Prescription Electronic Reporting Act of 2005'." Pub. L. 109-41, Sec. 1(a), July 29, 2005, 119 Stat. 424, provided that: "This Act [enacting part C (Sec. 299b-21 et seq.) of subchapter VII of this chapter, redesignating former part C (Sec. 299c et seq.) as part D of subchapter VII of this chapter, and amending sections 299c-6 and 299c-7 of this title] may be cited as the 'Patient Safety and Quality Improvement Act of 2005'." Pub. L. 109-18, Sec. 1, June 29, 2005, 119 Stat. 340, provided that: "This Act [enacting section 256a of this title] may be cited as the 'Patient Navigator Outreach and Chronic Disease Prevention Act of 2005'." SHORT TITLE OF 2004 AMENDMENTS Pub. L. 108-377, Sec. 1, Oct. 30, 2004, 118 Stat. 2202, provided that: "This Act [amending section 280g of this title and enacting provisions set out as notes under section 280g of this title] may be cited as the 'Asthmatic Schoolchildren's Treatment and Health Management Act of 2004'." Pub. L. 108-365, Sec. 1, Oct. 25, 2004, 118 Stat. 1738, provided that: "This Act [amending section 263b of this title] may be cited as the 'Mammography Quality Standards Reauthorization Act of 2004'." Pub. L. 108-362, Sec. 1, Oct. 25, 2004, 118 Stat. 1703, provided that: "This Act [amending sections 273 and 285c-3 of this title] may be cited as the 'Pancreatic Islet Cell Transplantation Act of 2004'." Pub. L. 108-355, Sec. 1, Oct. 21, 2004, 118 Stat. 1404, provided that: "This Act [enacting sections 290bb-36 and 290bb-36b of this title, amending sections 290bb-34 and 290bb-36 of this title, renumbering former section 290bb-36 of this title as section 290bb- 36a of this title, and enacting provisions set out as a note under section 290bb-36 of this title] may be cited as the 'Garrett Lee Smith Memorial Act'." Pub. L. 108-276, Sec. 1, July 21, 2004, 118 Stat. 835, provided that: "This Act [enacting sections 247d-6a and 247d-6c of this title and section 320 of Title 6, Domestic Security, amending sections 247d-6, 247d-6b, 287a-2, 300aa-6, and 1320b-5 of this title, sections 312 and 313 of Title 6, and section 360bbb-3 of Title 21, Food and Drugs, renumbering section 300hh-12 of this title as section 247d-6b of this title, enacting provisions set out as notes under sections 247d-6a and 247d-6b of this title, and repealing provisions set out as a note under section 1107a of Title 10, Armed Forces] may be cited as the 'Project BioShield Act of 2004'." Pub. L. 108-216, Sec. 1, Apr. 5, 2004, 118 Stat. 584, provided that: "This Act [enacting sections 273a and 274f-1 to 274f-4 of this title and amending sections 273 and 274f of this title] may be cited as the 'Organ Donation and Recovery Improvement Act'." SHORT TITLE OF 2003 AMENDMENTS Pub. L. 108-197, Sec. 1, Dec. 19, 2003, 117 Stat. 2898, provided that: "This Act [amending section 300gg-5 of this title and section 1185a of Title 29, Labor] may be cited as the 'Mental Health Parity Reauthorization Act of 2003'." Pub. L. 108-194, Sec. 1, Dec. 19, 2003, 117 Stat. 2888, provided that: "This Act [enacting part G (Sec. 300d-71 et seq.) of subchapter X of this chapter, repealing chapter 142 of this title, enacting provisions set out as a note under section 300d-71 of this title, and repealing provisions set out as a note under section 14801 of this title] may be cited as the 'Poison Control Center Enhancement and Awareness Act Amendments of 2003'." Pub. L. 108-163, Sec. 1, Dec. 6, 2003, 117 Stat. 2020, provided that: "This Act [enacting section 254c-18 of this title, amending sections 233, 247b-1, 247b-6, 247c-1, 254b, 254c, 254c-14, 254c-16, 254e to 254g, 254l, 254l-1, 254o, 300e-12, and 300ff-52 of this title, repealing section 254c-17 of this title, enacting provisions set out as a note under section 233 of this title, amending provisions set out as notes under sections 254b and 1396a of this title, and repealing provisions set out as notes under sections 254e and 254o of this title] may be cited as the 'Health Care Safety Net Amendments Technical Corrections Act of 2003'." Pub. L. 108-154, Sec. 1, Dec. 3, 2003, 117 Stat. 1933, provided that: "This Act [amending sections 247b-4 and 15022 of this title and enacting provisions set out as notes under sections 247b-4b and 15022 of this title] may be cited as the 'Birth Defects and Developmental Disabilities Prevention Act of 2003'." Pub. L. 108-75, Sec. 1, Aug. 15, 2003, 117 Stat. 898, provided that: "This Act [enacting sections 247b-21 and 285l-6 of this title and amending section 247b-20 of this title] may be cited as the 'Mosquito Abatement for Safety and Health Act'." Pub. L. 108-41, Sec. 1, July 1, 2003, 117 Stat. 839, provided that: "This Act [amending section 244 of this title] may be cited as the 'Automatic Defibrillation in Adam's Memory Act'." Pub. L. 108-20, Sec. 1, Apr. 30, 2003, 117 Stat. 638, provided that: "This Act [enacting part C (Sec. 239 et seq.) of subchapter I of this chapter, 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 'Smallpox Emergency Personnel Protection Act of 2003'." SHORT TITLE OF 2002 AMENDMENTS Pub. L. 107-313, Sec. 1, Dec. 2, 2002, 116 Stat. 2457, provided that: "This Act [amending section 300gg-5 of this title and section 1185a of Title 29, Labor] may be cited as the 'Mental Health Parity Reauthorization Act of 2002'." Pub. L. 107-280, Sec. 1, Nov. 6, 2002, 116 Stat. 1988, provided that: "This Act [enacting sections 283h and 283i of this title and provisions set out as a note under section 283h of this title] may be cited as the 'Rare Diseases Act of 2002'." Pub. L. 107-260, Sec. 1, Oct. 29, 2002, 116 Stat. 1743, provided that: "This Act [amending section 280e of this title and enacting provisions set out as a note under section 280e of this title] may be cited as the 'Benign Brain Tumor Cancer Registries Amendment Act'." Pub. L. 107-251, Sec. 1(a), Oct. 26, 2002, 116 Stat. 1621, provided that: "This Act [enacting subparts V (Sec. 256) and X (Sec. 256f et seq.) of part D of subchapter II of this chapter and sections 254c-14 to 254c-17, 254g, and 254t of this title, amending sections 233, 247b-1, 247b-6, 247c-1, 254b, 254c, 254d to 254f-1, 254h to 254i, 254k to 254o, 254q, 254q-1, 256d, 290cc-34, 294o, 295p, 300e-12, and 300ff-52 of this title, repealing sections 254g and 254t of this title, and enacting provisions set out as notes under this section and sections 254b, 254e, 254l, 254o, 256, and 1396a of this title] may be cited as the 'Health Care Safety Net Amendments of 2002'." Pub. L. 107-251, title II, Sec. 211, Oct. 26, 2002, 116 Stat. 1632, provided that: "This subtitle [subtitle B (Secs. 211, 212) of title II of Pub. L. 107-251, enacting section 254c-14 of this title] may be cited as the 'Telehealth Grant Consolidation Act of 2002'." Pub. L. 107-205, Sec. 1, Aug. 1, 2002, 116 Stat. 811, provided that: "This Act [enacting sections 297n-1, 297w, 297x, and 298 of this title, amending sections 294c, 296, 296p, and 297n of this title, and enacting provisions set out as a note under section 296 of this title] may be cited as the 'Nurse Reinvestment Act'." Pub. L. 107-188, Sec. 1(a), June 12, 2002, 116 Stat. 594, provided that: "This Act [see Tables for classification] may be cited as the 'Public Health Security and Bioterrorism Preparedness and Response Act of 2002'." Pub. L. 107-188, title I, Sec. 159(a), June 12, 2002, 116 Stat. 634, provided that: "This section [enacting sections 244 and 245 of this title and provisions set out as a note under section 244 of this title] may be cited as the 'Community Access to Emergency Defibrillation Act of 2002'." Pub. L. 107-172, Sec. 1, May 14, 2002, 116 Stat. 541, provided that: "This Act [enacting section 285a-10 of this title and provisions set out as a note under section 285a-10 of this title] may be cited as the 'Hematological Cancer Research Investment and Education Act of 2002'." SHORT TITLE OF 2001 AMENDMENT Pub. L. 107-84, Sec. 1, Dec. 18, 2001, 115 Stat. 823, provided that: "This Act [enacting sections 247b-18, 247b-19, and 283g of this title and enacting provisions set out as notes under sections 247b-18 and 281 of this title] may be cited as the 'Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001', or the 'MD-CARE Act'." SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-580, Sec. 1, Dec. 29, 2000, 114 Stat. 3088, provided that: "This Act [enacting section 285r of this title, amending section 281 of this title, and enacting provisions set out as notes under section 285r of this title] may be cited as the 'National Institute of Biomedical Imaging and Bioengineering Establishment Act'." Pub. L. 106-551, Sec. 1, Dec. 20, 2000, 114 Stat. 2752, provided that: "This Act [enacting section 287a-3a of this title and provisions set out as a note under section 287a-3a of this title] may be cited as the 'Chimpanzee Health Improvement, Maintenance, and Protection Act'." Pub. L. 106-545, Sec. 1, Dec. 19, 2000, 114 Stat. 2721, provided that: "This Act [enacting sections 285l-2 to 285l-5 of this title] may be cited as the 'ICCVAM Authorization Act of 2000'." Pub. L. 106-525, Sec. 1(a), Nov. 22, 2000, 114 Stat. 2495, provided that: "This Act [enacting sections 287c-31 to 287c-34, 293e, 296e-1, and 299a-1 of this title, amending sections 281, 296f, 299a, 299c-6, and 300u-6 of this title, repealing section 283b of this title, and enacting provisions set out as notes under sections 281, 287c-31, 293e, and 3501 of this title] may be cited as the 'Minority Health and Health Disparities Research and Education Act of 2000'." Pub. L. 106-505, Sec. 1(a), Nov. 13, 2000, 114 Stat. 2314, provided that: "This Act [enacting sections 238p, 238q, 247d to 247d-7, 254c-9 to 254c-13, 284k, 284l, 285d-6a, 285e-10a, 285f-3, 287a-4 and 288-5a of this title, amending sections 273, 274b-5, 284d, 285a-8, 285e-11, 285f-3, 287a-2 and 287a-3 of this title, repealing former section 247d of this title, enacting provisions set out as notes under this section and sections 238p, 254c, 273, 284k, 285d-6a, 287, 287a-2 and 289 of this title, and amending provisions set out as a note under section 289 of this title] may be cited as the 'Public Health Improvement Act'." Pub. L. 106-505, title I, Sec. 101, Nov. 13, 2000, 114 Stat. 2315, provided that: "This title [enacting sections 247d to 247d-7 of this title and repealing former section 247d of this title] may be cited as the 'Public Health Threats and Emergencies Act'." Pub. L. 106-505, title II, Sec. 201, Nov. 13, 2000, 114 Stat. 2325, provided that: "This title [enacting sections 284k, 284l, 287a-4 and 288a-5 of this title, amending section 284d of this title, and enacting provisions set out as notes under section 284k of this title] may be cited as the 'Clinical Research Enhancement Act of 2000'." Pub. L. 106-505, title III, Sec. 301, Nov. 13, 2000, 114 Stat. 2330, provided that: "This title [enacting section 287a-2 of this title, amending section 287a-3 of this title, and enacting provisions set out as notes under sections 287 and 287a-2 of this title] may be cited as the 'Twenty-First Century Research Laboratories Act'." Pub. L. 106-505, title IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2336, provided that: "This subtitle [subtitle A (Secs. 401-404) of title IV of Pub. L. 106-505, enacting sections 238p and 238q of this title and provisions set out as a note under section 238p of this title] may be cited as the 'Cardiac Arrest Survival Act of 2000'." Pub. L. 106-505, title V, Sec. 501, Nov. 13, 2000, 114 Stat. 2342, provided that: "This title [enacting sections 254c-9 to 254c- 13 and 285d-6a of this title and provisions set out as a note under section 285d-6a of this title] may be cited as the 'Lupus Research and Care Amendments of 2000'." Pub. L. 106-505, title VI, Sec. 601, Nov. 13, 2000, 114 Stat. 2345, provided that: "This title [amending sections 247b-5 and 285a- 8 of this title] may be cited as the 'Prostate Cancer Research and Prevention Act'." Pub. L. 106-505, title VII, Sec. 701(a), Nov. 13, 2000, 114 Stat. 2346, provided that: "This section [amending section 273 of this title and enacting provisions set out as a note under section 273 of this title] may be cited as the 'Organ Procurement Organization Certification Act of 2000'." Pub. L. 106-345, Sec. 1, Oct. 20, 2000, 114 Stat. 1319, provided that: "This Act [enacting subpart III (Sec. 300ff-38) of part B of subchapter XXIV of this chapter and sections 247c-2, 300ff-30, 300ff-37a, 300ff-75a, and 300ff-75b of this title, redesignating subparts II (Sec. 300ff-51 et seq.) and III (Sec. 300ff-61 et seq.) of part C of subchapter XXIV of this chapter as subparts I and II, respectively, of part C of subchapter XXIV of this chapter, amending sections 300ff-12 to 300ff-15, 300ff-21 to 300ff-23, 300ff- 26 to 300ff-28, 300ff-33, 300ff-34, 300ff-37, 300ff-53 to 300ff- 55, 300ff-61, 300ff-62, 300ff-64, 300ff-71, 300ff-73 to 300ff-75, 300ff-77, and 300ff-111 of this title, repealing former subpart I (Sec. 300ff-41 et seq.) of part C of subchapter XXIV of this chapter and sections 300ff-31, 300ff-35, and 300ff-36 of this title, and enacting provisions set out as notes under sections 300cc, 300ff-11, 300ff-12, and 300ff-111 of this title] may be cited as the 'Ryan White CARE Act Amendments of 2000'." Pub. L. 106-310, Sec. 1, Oct. 17, 2000, 114 Stat. 1101, provided that: "This Act [see Tables for classification] may be cited as the 'Children's Health Act of 2000'." Pub. L. 106-310, div. B, Sec. 3001, Oct. 17, 2000, 114 Stat. 1168, provided that: "This division [see Tables for classification] may be cited as the 'Youth Drug and Mental Health Services Act'." Pub. L. 106-310, div. B, title XXXVI, Sec. 3661, Oct. 17, 2000, 114 Stat. 1241, provided that: "This subtitle [subtitle C (Secs. 3661-3665) of title XXXVI of Pub. L. 106-310, enacting section 290aa-5b of this title and provisions set out as notes under section 290aa-5b of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Ecstasy Anti- Proliferation Act of 2000'." SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-129, Sec. 1, Dec. 6, 1999, 113 Stat. 1653, provided that: "This Act [enacting subchapter VII of this chapter and sections 254c-4 and 256e of this title, amending sections 203, 242b, 242q-1, 286d, 288, 289c-1, 290aa, 300cc-18, 300ff-73, 1320b- 12, 11221, and 11261 of this title, enacting provisions set out as notes under sections 241, 254c, 295k, and 299 of this title, and amending provisions set out as a note under section 299a of this title] may be cited as the 'Healthcare Research and Quality Act of 1999'." SHORT TITLE OF 1998 AMENDMENTS Pub. L. 105-392, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3524, provided that: "This Act [see Tables for classification] may be cited as the 'Health Professions Education Partnerships Act of 1998'." Pub. L. 105-392, title I, Sec. 121, Nov. 13, 1998, 112 Stat. 3562, provided that: "This subtitle [subtitle B (Secs. 121-124) of title I of Pub. L. 105-392, enacting sections 296, 296a to 296f, 296j, 296m, 296p, 297q, and 297t of this title, transferring section 298b-2 of this title to section 296g of this title, repealing sections 296k to 296m, 296r, 297, 297-1, 297c, 298, 298a, 298b, 298b-1, 298b-3 to 298b-5, and 298b-7 of this title, and enacting provisions set out as notes under section 296 of this title] may be cited as the 'Nursing Education and Practice Improvement Act of 1998'." Pub. L. 105-392, title IV, Sec. 419(a), Nov. 13, 1998, 112 Stat. 3591, provided that: "This section [enacting sections 280f to 280f- 3 of this title and provisions set out as a note under section 280f of this title] may be cited as the 'Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act'." Pub. L. 105-340, Sec. 1, Oct. 31, 1998, 112 Stat. 3191, provided that: "This Act [enacting sections 285b-7a and 300u-9 of this title and amending sections 242k, 280e-4, 283a, 284e, 285a-8, 285e-10, 287d, 300k, 300n-4a, 300n-5, and 300u-5 of this title] may be cited as the 'Women's Health Research and Prevention Amendments of 1998'." Pub. L. 105-277, div. A, Sec. 101(f) [title IX, Sec. 901], Oct. 21, 1998, 112 Stat. 2681-337, 2681-436, provided that: "This title [enacting sections 300gg-6 and 300gg-52 of this title and section 1185b of Title 29, Labor, and provisions set out as notes under sections 300gg-6 and 300gg-52 of this title and section 1185b of Title 29] may be cited as the 'Women's Health and Cancer Rights Act of 1998'." Pub. L. 105-248, Sec. 1, Oct. 9, 1998, 112 Stat. 1864, provided that: "This Act [amending section 263b of this title] may be cited as the 'Mammography Quality Standards Reauthorization Act of 1998'." Pub. L. 105-196, Sec. 1, July 16, 1998, 112 Stat. 631, provided that: "This Act [enacting sections 274l and 274m of this title, amending sections 274g and 274k of this title, repealing former section 274l of this title, and enacting provisions set out as notes under section 274k of this title] may be cited as the 'National Bone Marrow Registry Reauthorization Act of 1998'." Pub. L. 105-168, Sec. 1(a), Apr. 21, 1998, 112 Stat. 43, provided that: "This Act [amending section 247b-4 of this title and enacting provisions set out as a note under section 247b-4 of this title] may be cited as the 'Birth Defects Prevention Act of 1998'." SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-78, title VI, Sec. 603(a), Nov. 13, 1997, 111 Stat. 1519, provided that: "This section [enacting section 284f of this title and provisions set out as a note under section 284f of this title] may be cited as the 'Morris K. Udall Parkinson's Disease Research Act of 1997'." SHORT TITLE OF 1996 AMENDMENTS Pub. L. 104-299, Sec. 1, Oct. 11, 1996, 110 Stat. 3626, provided that: "This Act [enacting sections 254b and 254c of this title, amending sections 233, 256c, 1395x, and 1396d of this title, repealing sections 256 and 256a of this title, and enacting provisions set out as notes under sections 233 and 254b of this title] may be cited as the 'Health Centers Consolidation Act of 1996'." Pub. L. 104-204, title VI, Sec. 601, Sept. 26, 1996, 110 Stat. 2935, provided that: "This title [enacting sections 300gg-4 and 300gg-51 of this title and section 1185 of Title 29, Labor, amending sections 300gg-21, 300gg-23, 300gg-44, 300gg-61, and 300gg- 62 of this title and sections 1003, 1021, 1022, 1024, 1132, 1136, 1144, 1181, 1191, and 1191a of Title 29, and enacting provisions set out as notes under section 300gg-4 and 300gg-44 of this title and section 1003 of Title 29] may be cited as the 'Newborns' and Mothers' Health Protection Act of 1996'." Pub. L. 104-204, title VII, Sec. 701, Sept. 26, 1996, 110 Stat. 2944, provided that: "This title [enacting section 300gg-5 of this title and section 1185a of Title 29, Labor, and enacting provisions set out as notes under section 300gg-5 of this title and section 1185a of Title 29] may be cited as the 'Mental Health Parity Act of 1996'." Pub. L. 104-191, Sec. 1(a), Aug. 21, 1996, 110 Stat. 1936, provided that: "This Act [see Tables for classification] may be cited as the 'Health Insurance Portability and Accountability Act of 1996'." Pub. L. 104-182, Sec. 1(a), Aug. 6, 1996, 110 Stat. 1613, provided that: "This Act [enacting sections 300g-7 to 300g-9, 300h- 8, 300j-3c, and 300j-12 to 300j-18 of this title and section 1263a of Title 33, Navigation and Navigable Waters, amending sections 300f, 300g-1 to 300g-6, 300h, 300h-5 to 300h-7, 300i, 300i-1, 300j to 300j-2, 300j-4 to 300j-8, 300j-11, and 300j-21 to 300j-25 of this title, sections 4701 and 4721 of Title 16, Conservation, and section 349 of Title 21, Food and Drugs, repealing section 13551 of this title, enacting provisions set out as notes under this section, sections 300f, 300g-1, 300j-1, and 300j-12 of this title, section 1281 of Title 33, and section 45 of former Title 40, Public Buildings, Property, and Works, and amending provisions set out as a note under this section] may be cited as the 'Safe Drinking Water Act Amendments of 1996'." Pub. L. 104-146, Sec. 1, May 20, 1996, 110 Stat. 1346, provided that: "This Act [enacting sections 300ff-27a, 300ff-31, 300ff-33 to 300ff-37, 300ff-77, 300ff-78, 300ff-101, and 300ff-111 of this title, amending sections 294n, 300d, 300ff-11 to 300ff-17, 300ff-21 to 300ff-23, 300ff-26 to 300ff-29, 300ff-47 to 300ff-49, 300ff-51, 300ff-52, 300ff-54, 300ff-55, 300ff-64, 300ff-71, 300ff-74, 300ff- 76, and 300ff-84 of this title, transferring section 294n of this title to section 300ff-111 of this title, repealing sections 300ff- 18 and 300ff-30 of this title, and enacting provisions set out as notes under sections 300cc, 300ff-11, and 300ff-33 of this title and section 4103 of Title 5, Government Organization and Employees] may be cited as the 'Ryan White CARE Act Amendments of 1996'." SHORT TITLE OF 1995 AMENDMENT Pub. L. 104-73, Sec. 1(a), Dec. 26, 1995, 109 Stat. 777, provided that: "This Act [amending section 233 of this title and enacting provisions set out as a note under section 233 of this title] may be cited as the 'Federally Supported Health Centers Assistance Act of 1995'." SHORT TITLE OF 1993 AMENDMENTS Pub. L. 103-183, Sec. 1(a), Dec. 14, 1993, 107 Stat. 2226, provided that: "This Act [enacting sections 247b-6, 247b-7, 256d, 280b-1a, 285f-2, 300n-4a, and 300u-8 of this title, amending sections 233, 238j, 242b, 242k, 242l, 242m, 247b, 247b-1, 247b-5, 247c, 247c-1, 254j, 280b, 280b-1, 280b-2, 280b-3, 280e-4, 300d, 300d-2, 300d-3, 300d-12, 300d-13, 300d-16, 300d-22, 300d-31, 300d- 32, 300k, 300m, 300n, 300n-1, 300n-4, 300n-5, 300u-5, 300w, and 300aa-26 of this title, repealing sections 300d-1 and 300d-33 of this title, and enacting provisions set out as notes under sections 238j, 263b, 285f-2, and 300m of this title] may be cited as the 'Preventive Health Amendments of 1993'." Section 1(a) of Pub. L. 103-43 provided that: "This Act [see Tables for classification] may be cited as the 'National Institutes of Health Revitalization Act of 1993'." SHORT TITLE OF 1992 AMENDMENTS Pub. L. 102-539, Sec. 1, Oct. 27, 1992, 106 Stat. 3547, provided that: "This Act [enacting section 263b of this title and provisions set out as a note under section 263b of this title] may be cited as the 'Mammography Quality Standards Act of 1992'." Pub. L. 102-531, Sec. 1(a), Oct. 27, 1992, 106 Stat. 3469, provided that: "This Act [enacting sections 247b-3 to 247b-5, 247c- 1, 256c, 280d-11, 300l-1, and 300u-7 of this title, amending sections 236, 242l, 247b-1, 247d, 254b, 254c, 256, 256a, 280b to 280b-2, 285c-4, 285d-7, 285m-4, 289c, 290aa-9, 290bb-1, 292y, 293j, 293l, 294n, 295j, 295l, 295n, 295o, 296k, 298b-7, 300u, 300u-1, 300u-5, 300w, 300w-3 to 300w-5, 300aa-2, 300aa-15, 300aa-19, 300aa- 26, 300cc, 300cc-2, 300cc-15, 300cc-17, 300cc-20, 300cc-31, 300ee- 1, 300ee-2, 300ee-31, 300ee-32, 300ee-34, 300ff-11 to 300ff-13, 300ff-17, 300ff-27, 300ff-28, 300ff-41, 300ff-43, 300ff-49, 300ff- 75, 4841, and 9604 of this title, section 1341 of Title 15, Trade and Commerce, and section 2001 of Title 25, Indians, repealing section 297j of this title, enacting provisions set out as notes under sections 236, 292y, 300e, and 300w-4 of this title, amending provisions set out as notes under sections 241, 281, and 295k of this title and section 303 of Title 38, Veterans' Benefits, and repealing provisions set out as notes under section 246 and 300e of this title] may be cited as the 'Preventive Health Amendments of 1992'." Pub. L. 102-515, Sec. 1, Oct. 24, 1992, 106 Stat. 3372, provided that: "This Act [enacting sections 280e to 280e-4 of this title and provisions set out as a note under section 280e of this title] may be cited as the 'Cancer Registries Amendment Act'." Pub. L. 102-501, Sec. 1, Oct. 24, 1992, 106 Stat. 3268, provided that: "This Act [amending section 233 of this title and enacting provisions set out as notes under section 233 of this title] may be cited as the 'Federally Supported Health Centers Assistance Act of 1992'." Pub. L. 102-493, Sec. 1, Oct. 24, 1992, 106 Stat. 3146, provided that: "This Act [enacting sections 263a-1 to 263a-7 of this title and provisions set out as a note under section 263a-1 of this title] may be cited as the 'Fertility Clinic Success Rate and Certification Act of 1992'." Pub. L. 102-410, Sec. 1(a), Oct. 13, 1992, 106 Stat. 2094, provided that: "This Act [amending sections 299 to 299a-2, 299b to 299b-3, 299c to 299c-3, 299c-5, and 300w-9 of this title and enacting provisions set out as notes under sections 299a-2, 299b-1, and 299b-2 of this title] may be cited as the 'Agency for Health Care Policy and Research Reauthorization Act of 1992'." Pub. L. 102-409, Sec. 1, Oct. 13, 1992, 106 Stat. 2092, provided that: "This Act [enacting section 283a of this title] may be cited as the 'DES Education and Research Amendments of 1992'." Pub. L. 102-408, Sec. 1(a), Oct. 13, 1992, 106 Stat. 1992, provided that: "This Act [enacting subchapter V of this chapter and sections 297n, 298b-7, and 300d-51 of this title, amending sections 242a, 296k to 296m, 296r, 297, 297-1, 297b, 297d, 297e, 298, 298b, and 298b-6 of this title and section 1078-3 of Title 20, Education, repealing sections 295g-10a, 297c-1, and 297n of this title, enacting provisions set out as notes under this section, sections 292, 295j, 295k, 296k, and 297b of this title, section 1078-3 of Title 20, and section 343-1 of Title 21, Food and Drugs, and amending provisions set out as a note under section 300x of this title] may be cited as the 'Health Professions Education Extension Amendments of 1992'." Pub. L. 102-408, title II, Sec. 201, Oct. 13, 1992, 106 Stat. 2069, provided that: "This title [enacting sections 297n and 298b-7 of this title, amending sections 296k to 296m, 296r, 297, 297-1, 297b, 297d, 297e, 298, 298b, and 298b-6 of this title, repealing sections 297c-1 and 297n of this title, and enacting provisions set out as notes under sections 296k and 297b of this title] may be referred to as the Nurse Education and Practice Improvement Amendments of 1992." Pub. L. 102-352, Sec. 1, Aug. 26, 1992, 106 Stat. 938, provided that: "This Act [amending sections 285n, 285n-2, 285o, 285o-2, 285p, 290aa-1, 290aa-3, 290cc-21, 290cc-28, 290cc-30, 300x-7, 300x- 27, 300x-33, 300x-53, and 300y of this title, enacting provisions set out as a note under section 285n of this title, and amending provisions set out as notes under sections 290aa and 300x of this title] may be cited as the 'Public Health Service Act Technical Amendments Act'." Pub. L. 102-321, Sec. 1(a), July 10, 1992, 106 Stat. 323, provided that: "This Act [see Tables for classification] may be cited as the 'ADAMHA Reorganization Act'." SHORT TITLE OF 1991 AMENDMENTS Pub. L. 102-168, Sec. 1, Nov. 26, 1991, 105 Stat. 1102, provided that: "This Act [amending sections 300u, 300u-5, 300aa-11, 300aa- 12, 300aa-15, 300aa-16, 300aa-19, and 300aa-21 of this title, enacting provisions set out as a note under section 300aa-11 of this title, and amending provisions set out as a note under section 300aa-1 of this title] may be cited as the 'Health Information, Health Promotion, and Vaccine Injury Compensation Amendments of 1991'." Pub. L. 102-96, Sec. 1, Aug. 14, 1991, 105 Stat. 481, provided that: "This Act [amending section 300cc-13 of this title and enacting provisions set out as a note under section 300cc-13 of this title] may be cited as the 'Terry Beirn Community Based AIDS Research Initiative Act of 1991'." SHORT TITLE OF 1990 AMENDMENTS Pub. L. 101-639, Sec. 1, Nov. 28, 1990, 104 Stat. 4600, provided that: "This Act [amending sections 290cc-13, 299a, 300x-3, and 300x- 10 to 300x-12 of this title] may be cited as the 'Mental Health Amendments of 1990'." Pub. L. 101-616, Sec. 1, Nov. 16, 1990, 104 Stat. 3279, provided that: "This Act [enacting sections 274f, 274g, 274k, and 274l of this title, amending sections 273 to 274d of this title, enacting provisions set out as notes under sections 273, 274, and 274k of this title, and repealing provisions set out as a note under section 273 of this title] may be cited as the 'Transplant Amendments Act of 1990'." Pub. L. 101-613, Sec. 1, Nov. 16, 1990, 104 Stat. 3224, provided that: "This Act [enacting sections 285g-4 and 290b of this title and provisions set out as a note under section 285g-4 of this title] may be cited as the 'National Institutes of Health Amendments of 1990'." Pub. L. 101-597, Sec. 1, Nov. 16, 1990, 104 Stat. 3013, provided that: "This Act [enacting sections 254f-1, 254o-1, and 254r of this title, amending sections 242a, 254d to 254i, 254k, 254l to 254q-1, 254s, 294h, 294n, 294aa, 295g-1, 296m, 1320c-5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 242a, 254l-1, and 254o of this title] may be cited as the 'National Health Service Corps Revitalization Amendments of 1990'." Pub. L. 101-590, Sec. 1, Nov. 16, 1990, 104 Stat. 2915, provided that: "This Act [enacting subchapter X of this chapter, amending sections 300w-4 and 300w-9 of this title, and enacting provisions set out as a note under section 300d of this title] may be cited as the 'Trauma Care Systems Planning and Development Act of 1990'." Pub. L. 101-558, Sec. 1, Nov. 15, 1990, 104 Stat. 2772, provided that: "This Act [amending sections 280b to 280b-3 of this title] may be cited as the 'Injury Control Act of 1990'." Pub. L. 101-557, Sec. 1, Nov. 15, 1990, 104 Stat. 2766, provided that: "This Act [enacting sections 242q to 242q-5 of this title, amending sections 280c, 280c-2, 280c-3, 280c-5, 285e-2, 285e-3, 300u-6, 300ff-17, 300ff-51, and 300ff-52 of this title and section 4512 of Title 20, Education, and enacting provisions set out as a note under section 300u-6 of this title] may be cited as the 'Home Health Care and Alzheimer's Disease Amendments of 1990'." Pub. L. 101-527, Sec. 1(a), Nov. 6, 1990, 104 Stat. 2311, provided that: "This Act [enacting sections 254c-1, 254t, 256a, 294bb, 294cc, and 300u-6 of this title, amending sections 242k, 242m, 254b, 254c, 294m, 294o, and 295g-2 of this title, enacting provisions set out as notes under sections 242k and 300u-6 of this title, and repealing provisions set out as a note under section 292h of this title] may be cited as the 'Disadvantaged Minority Health Improvement Act of 1990'." Pub. L. 101-502, Sec. 1, Nov. 3, 1990, 104 Stat. 1285, provided that: "This Act [amending sections 207, 247b, 300aa-6, 300aa-11 to 300aa-13, 300aa-15, 300aa-16, 300aa-21, 300ff-13, 300ff-47, and 300ff-49 of this title, section 331 of Title 21, Food and Drugs, and section 201 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as notes under sections 300aa- 2, 300aa-11, and 300aa-12 of this title and section 201 of Title 37, and amending provisions set out as a note under section 300aa-1 of this title] may be cited as the 'Vaccine and Immunization Amendments of 1990'." Pub. L. 101-381, Sec. 1, Aug. 18, 1990, 104 Stat. 576, provided that: "This Act [enacting subchapter XXIV of this chapter, transferring section 300ee-6 of this title to section 300ff-48 of this title, amending sections 284a, 286, 287a, 287c-2, 289f, 290aa- 3a, 299c-5, 300ff-48, and 300aaa to 300aaa-13 of this title, and enacting provisions set out as notes under sections 300x-4, 300ff- 11, 300ff-46, and 300ff-80 of this title] may be cited as the 'Ryan White Comprehensive AIDS Resources Emergency Act of 1990'." Pub. L. 101-374, Sec. 1, Aug. 15, 1990, 104 Stat. 456, provided that: "This Act [amending sections 290aa-12, 290cc-2, and 300x-4 of this title, enacting provisions set out as notes under sections 289e, 290aa-12, 290cc-2, and 300x-4 of this title, and amending provisions set out as a note under section 289e of this title] may be cited as the 'Drug Abuse Treatment Waiting Period Reduction Amendments of 1990'." Pub. L. 101-368, Sec. 1, Aug. 15, 1990, 104 Stat. 446, provided that: "This Act [amending section 247b of this title] may be cited as the 'Tuberculosis Prevention Amendments of 1990'." Pub. L. 101-354, Sec. 1, Aug. 10, 1990, 104 Stat. 409, provided that: "This Act [enacting subchapter XIII of this chapter] may be cited as the 'Breast and Cervical Cancer Mortality Prevention Act of 1990'." SHORT TITLE OF 1989 AMENDMENT Pub. L. 101-93, Sec. 1, Aug. 16, 1989, 103 Stat. 603, provided that: "This Act [see Tables for classification] may be cited as the 'Drug Abuse Treatment Technical Corrections Act of 1989'." SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-690, Sec. 2011, Nov. 18, 1988, 102 Stat. 4193, provided that: "This subtitle [subtitle A (Secs. 2011-2081) of title II of Pub. L. 100-690, enacting sections 290aa-11 to 290aa- 14, 290cc-11 to 290cc-13, 290ff, 300x-1a, 300x-4a, 300x-9a, and 300x-9b of this title, amending sections 242a, 290aa, 290aa-3, 290aa-6, 290aa-8, 290bb-2, 290cc to 290cc-2, 300x, 300x-1a to 300x- 4, 300x-5, 300x-9, and 300x-10 to 300x-12 of this title and section 484 of former Title 40, Public Buildings, Property, and Works, repealing sections 300y to 300y-2 of this title, enacting provisions set out as notes under this section and sections 290aa, 290cc-11, 300x-9a, and 300x-11 of this title, and amending provisions set out as a note under section 801 of Title 21, Food and Drugs] may be cited as the 'Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988'." Pub. L. 100-607, Sec. 1(a), Nov. 4, 1988, 102 Stat. 3048, provided that: "This Act [see Tables for classification] may be cited as the 'Health Omnibus Programs Extension of 1988'." Pub. L. 100-607, title I, Sec. 100(a), Nov. 4, 1988, 102 Stat. 3048, provided that: "This title [see Tables for classification] may be cited as the 'National Institute on Deafness and Other Communication Disorders and Health Research Extension Act of 1988'." Pub. L. 100-607, title II, Sec. 200, Nov. 4, 1988, 102 Stat. 3062, provided that: "This title [see Tables for classification] may be cited as the 'AIDS Amendments of 1988'." Pub. L. 100-607, title IV, Sec. 401(a), Nov. 4, 1988, 102 Stat. 3114, provided that: "This title [enacting sections 300y-21 to 300y- 27 of this title, amending sections 273 to 274e of this title, and enacting provisions set out as notes under sections 273 and 300y-21 of this title] may be cited as the 'Organ Transplant Amendments Act of 1988'." Pub. L. 100-607, title VI, Sec. 601(a), Nov. 4, 1988, 102 Stat. 3122, as amended by Pub. L. 100-690, title II, Sec. 2603(a)(1), Nov. 18, 1988, 102 Stat. 4234, provided that: "This title [see Tables for classification] may be cited as the 'Health Professions Reauthorization Act of 1988'." Pub. L. 100-607, title VII, Sec. 700(a), Nov. 4, 1988, 102 Stat. 3153, provided that: "This title [enacting sections 296r, 297c-1, 297j, 297n, and 298b-6 of this title, amending sections 210, 294a, 296k, 296l, 296m, 297, 297-1, 297a, 297b, 297d, 297e, 298, and 298b- 3 of this title, and enacting provisions set out as a note under section 297d of this title] may be cited as the 'Nursing Shortage Reduction and Education Extension Act of 1988'." Pub. L. 100-607, title IX, Sec. 901, Nov. 4, 1988, 102 Stat. 3171, provided that: "This title [enacting section 300ee-6 of this title and provisions set out as notes under such section] may be cited as the 'Prison Testing Act of 1988'." Pub. L. 100-578, Sec. 1, Oct. 31, 1988, 102 Stat. 2903, provided that: "This Act [amending section 263a of this title and enacting provisions set out as notes under section 263a of this title] may be cited as the 'Clinical Laboratory Improvement Amendments of 1988'." Pub. L. 100-572, Sec. 1, Oct. 31, 1988, 102 Stat. 2884, provided that: "This Act [enacting sections 247b-1 and 300j-21 to 300j-26 of this title, and amending section 300j-4 of this title] may be cited as the 'Lead Contamination Control Act of 1988'." Pub. L. 100-553, Sec. 1, Oct. 28, 1988, 102 Stat. 2769, provided that: "This Act [enacting sections 285m to 285m-6 of this title, amending sections 281 and 285j of this title, and enacting provisions set out as a note under section 285m of this title] shall be cited as the 'National Deafness and Other Communication Disorders Act of 1988'." Pub. L. 100-517, Sec. 1(a), Oct. 24, 1988, 102 Stat. 2578, provided that: "This Act [amending sections 300e, 300e-1, 300e-9, and 300e-10 of this title, enacting provisions set out as notes under sections 300e, 300e-9, and 1302 of this title, and repealing provisions set out as notes under section 300e-1 of this title] may be cited as the 'Health Maintenance Organization Amendments of 1988'." Pub. L. 100-386, Sec. 1(a), Aug. 10, 1988, 102 Stat. 919, provided that: "This Act [amending sections 254b and 254c of this title and enacting provisions set out as a note under section 254b of this title] may be cited as the 'Community and Migrant Health Centers Amendments of 1988'." SHORT TITLE OF 1987 AMENDMENTS Pub. L. 100-203, title IV, Sec. 4301(a), Dec. 22, 1987, 101 Stat. 1330-221, provided that: "This subtitle [subtitle D (Secs. 4301- 4307) of title IV of Pub. L. 100-203, enacting section 300aa-34 of this title, amending sections 300aa-11 to 300aa-13, 300aa-15 to 300aa-17, 300aa-19, 300aa-21 to 300aa-23, 300aa-25 to 300aa-28, and 300aa-31 of this title, repealing section 300aa-18 of this title, and amending provisions set out as a note under section 300aa-1 of this title] may be cited as the 'Vaccine Compensation Amendments of 1987'." Pub. L. 100-177, Sec. 1(a), Dec. 1, 1987, 101 Stat. 986, provided that: "This Act [enacting sections 254l-1, 254q, and 254q-1 of this title, amending sections 242a, 242c, 242k, 242m, 242n, 242p, 247b, 254d to 254g, 254h-1, 254k, 254m to 254q, 254r, 295g-8, and 11137 of this title, repealing former section 254q of this title, and enacting provisions set out as notes under sections 242c, 242k, 242m, 254l-1, 254o, 300aa-2, and 11137 of this title] may be cited as the 'Public Health Service Amendments of 1987'." Pub. L. 100-175, title VI, Sec. 601, Nov. 29, 1987, 101 Stat. 979, provided that: "This title [enacting part K (Sec. 280c et seq.) of subchapter II of this chapter] may be cited as the 'Health Care Services in the Home Act of 1987'." Pub. L. 100-97, Sec. 1, Aug. 18, 1987, 101 Stat. 713, provided: "That this Act [enacting section 295g-8a of this title and provisions set out as a note under section 295g-8a of this title] may be cited as the 'Excellence in Minority Health Education and Care Act'." SHORT TITLE OF 1986 AMENDMENTS Pub. L. 99-660, title III, Sec. 301, Nov. 14, 1986, 100 Stat. 3755, provided that: "This title [enacting sections 300aa-1 to 300aa-33 of this title, amending sections 218, 242c, 262, 286, and 289f of this title, redesignating former sections 300aa to 300aa-15 of this title as sections 300cc to 300cc-15 of this title, and enacting provisions set out as notes under sections 300aa-1 and 300aa-4 of this title] may be cited as the 'National Childhood Vaccine Injury Act of 1986'." Pub. L. 99-660, title V, Sec. 501, Nov. 14, 1986, 100 Stat. 3794, provided that: "This title [enacting sections 300x-10 to 300x-13 of this title and amending sections 290aa-3 and 300x-4 of this title] may be cited as the 'State Comprehensive Mental Health Services Plan Act of 1986'." Pub. L. 99-660, title VIII, Sec. 801, Nov. 14, 1986, 100 Stat. 3799, provided that: "This title [amending sections 300e-1, 300e-4, 300e-5 to 300e-10, 300e-16, and 300e-17 of this title, repealing sections 300e-2, 300e-3, and 300e-4a of this title, and enacting provisions set out as notes under sections 300e, 300e-1, 300e-4, and 300e-5 of this title] may be cited as the 'Health Maintenance Organization Amendments of 1986'." Pub. L. 99-649, Sec. 1, Nov. 10, 1986, 100 Stat. 3633, provided: "That this Act [enacting sections 280b to 280b-3 of this title and provisions set out as a note under section 280b of this title] may be cited as the 'Injury Prevention Act of 1986'." Pub. L. 99-570, title IV, Sec. 4001(a), Oct. 27, 1986, 100 Stat. 3207-103, provided that: "This subtitle [subtitle A (Secs. 4001- 4022) of title IV of Pub. L. 99-570, enacting sections 290aa-3a, 290aa-6 to 290aa-10, and 300y to 300y-2 of this title, amending sections 218, 241, 290aa to 290aa-3, 290aa-4, 290aa-5, 290bb-1, 290bb-2, 290cc, and 290cc-2 of this title and sections 331 and 350a of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 290aa-3, 290aa-3a, and 290bb of this title] may be cited as the 'Alcohol and Drug Abuse Amendments of 1986'." Pub. L. 99-339, Sec. 1, June 19, 1986, 100 Stat. 642, provided that: "This Act [enacting sections 300g-6, 300h-5 to 300h-7, 300i- 1, and 300j-11 of this title, amending sections 300f, 300g-1 to 300g-5, 300h to 300h-2, 300h-4, 300h-6, 300h-7, 300i, 300j to 300j- 4, 300j-7, and 6979a of this title and sections 1261 and 1263 of Title 15, Commerce and Trade, transferring section 6939b to 6979a of this title, and enacting provisions set out as notes under sections 300g-6 and 300j-1 of this title and section 1261 of Title 15] may be cited as the 'Safe Drinking Water Act Amendments of 1986'." Pub. L. 99-280, Sec. 1(a), Apr. 24, 1986, 100 Stat. 399, provided that: "This Act [amending sections 254b and 254c of this title and repealing sections 300y to 300y-11 of this title] may be cited as the 'Health Services Amendments Act of 1986'." SHORT TITLE OF 1985 AMENDMENTS Pub. L. 99-158, Sec. 1(a), Nov. 20, 1985, 99 Stat. 820, provided that: "This Act [enacting sections 275, 281 to 283, 284 to 284c, 285 to 285a-5, 285b to 285b-6, 285c to 285c-7, 285d to 285d-7, 285e to 285e-2, 285f, 285g to 285g-3, 285h, 285i, 285j to 285j-2, 285k, 285l, 286 to 286a-1, 286b to 286b-8, 287 to 287a-1, 287b, 287c to 287c-3, 288 to 288b, and 289 to 289h of this title, amending sections 217a, 218, 241, 290aa-5, and 300c-12 of this title, repealing sections 275 to 280a-1, 280b to 280b-2, 280b-4, 280b-5, and 280b-7 to 280b-11 of this title, omitting sections 286c to 286e, 287d to 287i, 288c, 289, 289c-1 to 289c-3, 289c-4 to 289c-7, 289i to 289k, 289k-2 to 289k-5, and 289l to 289l-8 of this title, enacting provisions set out as notes under sections 218, 281, 285c, 285e, 285e-2, 285j-1 and 289d of this title, and repealing provisions set out as a note under section 287i of this title] may be cited as the 'Health Research Extension Act of 1985'." Pub. L. 99-129, Sec. 1, Oct. 22, 1985, 99 Stat. 523, provided: "That this Act [enacting sections 294q-1 to 294q-3 of this title, amending sections 254l, 292a, 292b, 292h, 292j, 293c, 294a, 294b, 294d, 294e, 294g, 294j, 294m to 294p, 294z, 295f to 295f-2, 295g, 295g-1, 295g-3, 295g-4, 295g-6 to 295g-8, 295g-8b, 295h, 295h-1a to 295h-1c, 296k, 296l, 296m, 297a, 298b-5, and 300aa-14 of this title, repealing sections 292c, 295 to 295e-5, 295g-2, 295g-5, 295g- 8a, and 295g-9 of this title, enacting provisions set out as notes under sections 254l, 292h, 293c, 294d, 294n, and 300aa-14 of this title and section 462 of the Appendix to Title 50, War and National Defense, and amending provisions set out as a note under section 298b-5 of this title] may be cited as the 'Health Professions Training Assistance Act of 1985'." Pub. L. 99-117, Sec. 1(a), Oct. 7, 1985, 99 Stat. 491, provided that: "this Act [amending sections 207, 210, 213a, 242c, 242n, 243, 246, 247b, 247e, 253, 290aa-3, 300x-4, 300x-5, and 300x-9 of this title and section 1333 of Title 15, Commerce and Trade, repealing sections 247, 254a-1, 299 to 299j, 300d-4, 300d-6, and 300aa-4 of this title, and enacting provisions set out as notes under sections 210, 241, and 242n of this title] may be cited as the 'Health Services Amendments of 1985'." Pub. L. 99-92, Sec. 1, Aug. 16, 1985, 99 Stat. 393, provided: "That this Act [enacting section 297i of this title, transferring section 296c to section 298b-5 of this title, amending sections 296k to 296m, 297, 297-1, 297a, 297b, 297d, 297e, 298, 298b, and 298b-5 of this title, sections 1332, 1333, 1336, and 1341 of Title 15, Commerce and Trade, and section 6103 of Title 26, Internal Revenue Code, repealing sections 296 to 296b, 296d to 296f, 296j, 297h, and 297j of this title, and enacting provisions set out as notes under sections 296k and 298b-5 of this title and section 1333 of Title 15] may be cited as the 'Nurse Education Amendments of 1985'." SHORT TITLE OF 1984 AMENDMENTS Pub. L. 98-555, Sec. 1(a), Oct. 30, 1984, 98 Stat. 2854, provided that: "this Act [enacting sections 300w-9 and 300w-10 of this title and amending sections 247b, 247c, 255, 300, 300w, 300w-4, and 300w- 5 of this title] may be cited as the 'Preventive Health Amendments of 1984'." Pub. L. 98-551, Sec. 1, Oct. 30, 1984, 98 Stat. 2815, provided: "That this Act [enacting section 300u-5 of this title, amending sections 242b, 242c, 242m, 242n, 254r, 300u, and 300u-3 of this title and sections 360bb and 360ee of Title 21, Food and Drugs, and repealing sections 300u-5 to 300u-9 of this title] may be cited as the 'Health Promotion and Disease Prevention Amendments of 1984'." Pub. L. 98-509, Sec. 1(a), Oct. 19, 1984, 98 Stat. 2353, provided that: "this Act [enacting sections 290bb-1a, 290cc-1, 290cc-2, and 300x-1a of this title, amending sections 218, 290aa, 290aa-1 to 290aa-3, 290bb, 290bb-2, 290cc, 290dd, 290dd-1, 300x, 300x-1, and 300x-2 to 300x-9 of this title and section 802 of Title 21, Food and Drugs, repealing sections 1161 to 1165 of Title 21, and enacting provisions set out as notes under sections 300x and 300x- 1a of this title and section 802 of Title 21] may be cited as the 'Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984'." Pub. L. 98-507, Sec. 1, Oct. 19, 1984, 98 Stat. 2339, provided: "That this Act [enacting sections 273 to 274e of this title and provisions set out as notes under section 273 of this title] may be cited as the 'National Organ Transplant Act'." SHORT TITLE OF 1983 AMENDMENTS Pub. L. 98-194, Sec. 1, Dec. 1, 1983, 97 Stat. 1345, provided: "That this Act [amending section 254g of this title and enacting provisions set out as notes under section 254g of this title] may be cited as the 'Rural Health Clinics Act of 1983'." Pub. L. 98-24, Sec. 1(a), Apr. 26, 1983, 97 Stat. 175, provided that: "This Act [enacting sections 290aa-4 and 290aa-5 of this title, transferring sections 219 to 224, 225a to 227, 228 to 229d, 289k-1, 3511, 4551, 4585, 4587, 4588, 4571, 4561, 4581, and 4582 of this title to sections 300aa to 300aa-5, 300aa-6 to 300aa-8, 300aa- 9 to 300aa-14, 290aa-3, 290aa, 290aa-1, 290bb, 290bb-1, 290bb-2, 290dd, 290dd-1, 290dd-2, and 290dd-3 of this title, respectively, and sections 1173(a), 1174, 1175, 1180, 1191, 1192, and 1193 of Title 21, Food and Drugs, to sections 290aa-2(e), 290ee-2, 290ee-3, 290ee-1, 290aa-2, 290ee, and 290cc of this title, respectively, amending sections 218, 278, 289l-4, 290aa to 290aa-2, 290bb to 290bb-2, 290cc, 290dd to 290dd-2, 290ee to 290ee-3, and 4577 of this title and sections 1165, 1173, and 1177 of Title 21, repealing sections 4552, 4553, and 4586 of this title and sections 1117, 1172, and 1194 of Title 21, enacting provisions set out as a note under section 290aa of this title, amending provisions set out as a note under section 4541 of this title, and repealing provisions set out as a note under section 242 of this title] may be cited as the 'Alcohol and Drug Abuse Amendments of 1983'." SHORT TITLE OF 1981 AMENDMENT Section 940(a) of Pub. L. 97-35 provided that: "This subtitle [subtitle F (Secs. 940-949) of title IX of Pub. L. 97-35, amending sections 300e to 300e-4a, 300e-6 to 300e-9, 300e-11, 300e-17, and 300m-6 of this title, repealing sections 300e-13 and 300e-15 of this title, and enacting provisions set out as notes under sections 300e-9 and 300m-6 of this title] may be cited as the 'Health Maintenance Organization Amendments of 1981'." SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-538, Sec. 1(a), Dec. 17, 1980, 94 Stat. 3183, provided that: "this Act [enacting sections 289c-3, 289c-4, 289c-7 of this title, amending sections 286e, 287c, 287i, 289a, 289c-1, 289c-2, 289c-5, 289c-6, 294a, 294d, 294v, 300k-1, 300l-5, 300m, 300m-3, 300m-6, 300n, and 300n-1 of this title and section 1182 of Title 8, Aliens and Nationality, repealing sections 289c-3a and 289c-8 and former sections 289c-3, 289c-4, and 289c-7 of this title, and enacting provisions set out as notes under sections 289, 300l-5, and 300m-6 of this title] may be cited as the 'Health Programs Extension Act of 1980'." SHORT TITLE OF 1979 AMENDMENTS Pub. L. 96-142, title I, Sec. 101, Dec. 12, 1979, 93 Stat. 1067, provided that: "This title [amending sections 295g-9, 300d-1, 300d- 3, 300d-5, 300d-6, 300d-8, and 300d-21 of this title and enacting provisions set out as a note under section 295g-9 of this title] may be cited as the 'Emergency Medical Services Systems Amendments of 1979'." Pub. L. 96-142, title II, Sec. 201, Dec. 12, 1979, 93 Stat. 1070, provided that: "This title [enacting section 300c-12 and amending section 300c-11 of this title] may be cited as the 'Sudden Infant Death Syndrome Amendments of 1979'." Section 1(a) of Pub. L. 96-79 provided that: "This Act [enacting sections 300m-6, 300s, 300s-1, 300s-6, and 300t-11 to 300t-14 of this title, amending this section and sections 246, 300k-1 to 300k- 3, 300l to 300l-5, 300m to 300m-5, 300n, 300n-1, 300n-3, 300n-5, 300q, 300q-2, 300r, 300s-3, 300s-5, 300t, 1396b, 2689t, and 4573 of this title and section 1176 of Title 21, Food and Drugs, repealing sections 300o to 300o-3, 300p to 300p-3, 300q-1, and former section 300s of this title, redesignating former section 300s-1 as 300s-1a of this title, and enacting provisions set out as notes under sections 300k-1, 300l, 300l-1, 300l-4, 300l-5, 300m, 300m-6, 300n, 300q, and 300t-11 of this title] may be cited as the 'Health Planning and Resources Development Amendments of 1979'." Pub. L. 96-76, title I, Sec. 101(a), Sept. 29, 1979, 93 Stat. 579, provided that: "This title [enacting section 297-1 of this title, amending sections 296, 296d, 296e, 296k to 296m, 297 to 297c, 297e, and 297j of this title, and enacting provisions set out as notes under sections 296 and 297j of this title] may be cited as the 'Nurse Training Amendments of 1979'." Pub. L. 96-76, title III, Sec. 301, Sept. 29, 1979, 93 Stat. 584, provided that: "This title [amending sections 204, 206, 207, 209, 210-1, 210b, 211, 212, 213a, 215, and 218a of this title and sections 201, 415, and 1006 of Title 37, Pay and Allowances of the Uniformed Services, and enacting provisions set out as a note under section 206 of this title] may be cited as the 'Public Health Service Administrative Amendments of 1979'." SHORT TITLE OF 1978 AMENDMENTS Pub. L. 95-626, Sec. 1(a), Nov. 10, 1978, 92 Stat. 3551, provided that: "This Act [enacting sections 242p, 247, 247a, 247b-1, 254a-1, 255, 256, 256a, 300a-21 to 300a-29, 300a-41, 300b-6, and 300u-6 to 300u-9 of this title, amending sections 218, 246, 247b, 247c, 247e, 254a, 254b, 254c, 254k, 294t, 294u, 295h-1, 300b, 300b-3, 300c-21, 300c-22, 300d-2, 300d-3, 300d-5, 300d-6, 300e-12, 300e-14a, 300u-5, 1396b, and 4846 of this title, repealing sections 256, 4801, 4811, 4844, and 4845 of this title, enacting provisions set out as notes under this section and sections 246, 247a, 247c, 254a-1, 254b to 254d, 256, 256a, 289b, 289d, 300a-21, 300d-2, and 300d-3 of this title, and amending provisions set out as notes under sections 300b and 1395x of this title] may be cited as the 'Health Services and Centers Amendments of 1978'." Pub. L. 95-626, title I, Sec. 101, Nov. 10, 1978, 92 Stat. 3551, provided that: "This part [part A (Secs. 101-107) of title I of Pub. L. 95-626, enacting section 256a of this title, amending sections 218, 247e, 254b, 254c, 255, 300e-12, 300e-14a, and 1396b of this title, repealing section 256 of this title, and enacting provisions set out as notes under sections 254b, 254c, and 256a of this title] may be cited as the 'Migrant and Community Health Centers Amendments of 1978'." Pub. L. 95-626, title I, Sec. 111, Nov. 10, 1978, 92 Stat. 3562, provided that: "This part [part B (Secs. 111-116) of title I of Pub. L. 95-626, enacting sections 254a-1 and 256 of this title, amending sections 294t and 294u of this title, and enacting provisions set out as notes under sections 254a-1, 254d, and 256 of this title] may be cited as the 'Primary Health Care Act of 1978'." Pub. L. 95-626, title II, Sec. 200, Nov. 10, 1978, 92 Stat. 3570, provided that: "This title [enacting sections 247, 247a, 255, and 300b-6 of this title, amending sections 246, 247b, 247c, 300b, 300b- 3, 300c-21, 300c-22, 300d-2, 300d-3, 300d-5, 300d-6, and 4846 of this title, repealing sections 4801, 4811, 4844, and 4845 of this title, enacting provisions set out as notes under sections 246, 247a, 247c, 289d, 300d-2, and 300d-3 of this title, and amending provisions set out as notes under sections 300b and 1395x of this title] may be cited as the 'Health Services Extension Act of 1978'." Pub. L. 95-623, Sec. 1(a), Nov. 9, 1978, 92 Stat. 3443, provided that: "This Act [enacting sections 229c, 242n, and 4362a of this title, amending sections 210, 242b, 242c, 242k, 242m, 242o, 289k, 289l-1, 292e, 292h, 292i, 294t, 295f-1, 295f-2, 295g-2, 295g-8, 295h-2, 7411, 7412, 7417, and 7617 of this title, repealing section 280c of this title, enacting provisions set out as a note under section 242m of this title, and amending provisions set out as notes under sections 292h, 295h-4, and 296 of this title] may be cited as the 'Health Services Research, Health Statistics, and Health Care Technology Act of 1978'." Pub. L. 95-622, title II, Sec. 201(a), Nov. 9, 1978, 92 Stat. 3420, provided that: "This title [enacting sections 289l-6 to 289l- 8 of this title, amending sections, 241, 248, 277, 280b, 281 to 286g, 287a to 287d, 287g, 287i, 289c-6, 289l to 289l-2, 289l-4, 4541, 4573, and 4585 of this title, and enacting provisions set out as notes under sections 241, 286b, 286f, 289a, and 289l-1 of this title] may be cited as the 'Biomedical Research and Research Training Amendments of 1978'." Pub. L. 95-559, Sec. 1(a), Nov. 1, 1978, 92 Stat. 2131, provided that: "This Act [enacting sections 300e-4a, 300e-16, and 300e-17 of this title, amending sections 300e, 300e-1, 300e-3, 300e-4, 300e-5, 300e-7, 300e-8, 300e-9, 300e-11 to 300e-13, 1320a-1, 1396a, and 1396b of this title, and enacting provisions set out as notes under sections 300e-3, 300e-4, 300e-16, and 1396a of this title] may be cited as the 'Health Maintenance Organization Amendments of 1978'." SHORT TITLE OF 1977 AMENDMENTS Pub. L. 95-190, Sec. 1, Nov. 16, 1977, 91 Stat. 1393, provided that: "This Act [enacting sections 300j-10 and 7625a of this title, amending sections 300f, 300g-1, 300g-3, 300g-5, 300h, 300h-1, 300j to 300j-2, 300j-4, 300j-6, 300j-8, 7410, 7411, 7413, 7414, 7416, 7419, 7420, 7426, 7472 to 7475, 7478, 7479, 7502, 7503, 7506, 7521, 7522, 7525, 7541, 7545, 7549, 7602, 7604, 7607, 7623, and 7626 of this title, enacting provisions set out as notes under section 300f of this title, and section 5108 of Title 5, Government Organization and Employees, and amending provisions set out as notes under sections 300f, 7401, and 7502 of this title] may be cited as the 'Safe Drinking Water Amendments of 1977'." Section 101 of title I of Pub. L. 95-83 provided that: "This title [amending this section and sections 242m, 300e-8, 300k-3, 300l to 300l-5, 300m, 300m-2, 300m-4, 300m-5, 300n-3, 300n-5, 300o- 1 to 300o-3, 300p, 300p-3, 300q, 300q-2, 300r, 300s-3, 300t, and 1396b of this title, and enacting provisions set out as a note under section 1396b of this title] may be cited as the 'Health Planning and Health Services Research and Statistics Extension Act of 1977'." Section 201 of title II of Pub. L. 95-83 provided that: "This title [amending sections 280b, 286b, 286c, 286d, 286f, 286g, 287c, 287d, 287f, 287h, 287i, and 289l-1 of this title] may be cited as the 'Biomedical Research Extension Act of 1977'." Section 301 of title III of Pub. L. 95-83 provided that: "This title [enacting section 294y-1 of this title, amending sections 210, 246, 247d, 254c, 292g, 292h, 293a, 294d, 294e, 294h, 294i, 294j, 294n, 294r, 294s, 294w, 294z, 295f-1, 295g-1, 295g-9, 295h-5, 295h-5c, 296e, 296m, 297, 300, 300a-1, 300a-2, 300a-3, 300c-11, 300c-21, 300c-22, 701, 2689a to 2689e, 2689h, 2689p, 2689q, 4572, 4573, and 4577 of this title, sections 1101 and 1182 of Title 8, Aliens and Nationality, sections 1112 and 1176 of Title 21, Food and Drugs, and section 1614 of Title 25, Indians, enacting provisions set out as notes under sections 242b, 242l, 294d, 294i, 294n, 294r, 294t, 294y-1, 294z, 295f-1, 295g-1, 295h-5, and 296m of this title and sections 1101 and 1182 of Title 8, and amending provisions set out as notes under sections 289k-2, 1395x, and 1396b of this title] may be cited as the 'Health Services Extension Act of 1977'." SHORT TITLE OF 1976 AMENDMENTS Pub. L. 94-573, Sec. 1(a), Oct. 21, 1976, 90 Stat. 2709, provided that: "This Act [enacting section 300d-21 of this title, amending sections 295f-6 and 300d to 300d-9 of this title, enacting provisions set out as notes under sections 242b, 300d, 300d-7, and 300d-9 of this title, and amending provisions set out as notes under sections 218, 289c-1, and 289l-1 of this title] may be cited as the 'Emergency Medical Services Amendments of 1976'." Pub. L. 94-562, Sec. 1(a), Oct. 19, 1976, 90 Stat. 2645, provided that: "This Act [enacting sections 289c-3a, 289c-7, and 289c-8 of this title, amending sections 289c-2, 289c-5, and 289c-6 of this title, and enacting provisions set out as notes under sections 289a, 289c-3a, and 289c-7 of this title] may be cited as the 'Arthritis, Diabetes, and Digestive Disease Amendments of 1976'." Section 1(a) of Pub. L. 94-484 provided that: "This Act [enacting sections 254 to 254k, 292, 292e to 292k, 294 to 294l, 294r to 294z, 294aa, 295f-1, 295g to 295g-8, 295g-10, 295h to 295h-2, and 295h-4 to 295h-7 of this title; renumbering sections 293d as 292a, 293e as 292b, 295h-8 as 292c, 295h-9 as 292d, 293g to 293i as 293d to 293f, 294 to 294c as 294m to 294p, 294e as 294q, 295f-5 as 295f-2, and 295f-6 as 295g-9 of this title; amending this section and sections 234, 244-1, 245a, 246, 247c, 254b, 263c, 292a to 292c, 293 to 293d, 293f, 294g, 294m to 294p, 295e-1 to 295e-4, 295f to 295f-4, 295g, 295g-11, 295g-23, 295h-1 to 295h-3, 297, 300a, 300d, 300d-7, 300f, 300l-1, 300n, and 300s-3 of this title and sections 1101 and 1182 of Title 8, Aliens and Nationality; repealing sections 234, 244-1, 245a, 254b, 292 to 292j, 293f, 294d, 294f, 294g, 295f-1, to 295f-4, 295g, 295g-1, 295g-11, and 295g-21 to 295g-23 of this title; omitting sections 295h to 295h-2, 295h-3a to 295h-3d, 295h-4, 295h- 5, and 295h-7 of this title; and enacting provisions set out as notes under sections 254d, 292, 292b, 292h, 293, 293f, 294, 294n, 294o, 294q, 294r, 294t, 294z, 295g, 295g-1, 295g-9, 295g-10, 295h, 295h-4, and 300l-1 of this title and section 1182 of Title 8] may be cited as the 'Health Professions Educational Assistance Act of 1976'." Pub. L. 94-460, Sec. 1(a), Oct. 8, 1976, 90 Stat. 1945, provided that: "This Act [enacting section 300e-15 of this title, amending sections 242c, 289k-2, 300e, 300e-1 to 300e-11, 300e-13, 300n-1, 1395x note, 1395mm, and 1396b of this title, section 8902 of Title 5, Government Organization and Employees, and section 360d of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 300e and 1396b of this title] may be cited as the 'Health Maintenance Organization Amendments of 1976'." Pub. L. 94-380, Sec. 1, Aug. 12, 1976, 90 Stat. 1113, provided: "That this Act [amending section 247b of this title and enacting provisions set out as a note under section 247b of this title] may be cited as the 'National Swine Flu Immunization Program of 1976'." Section 101 of title I of Pub. L. 94-317 provided that: "This title [enacting subchapter XV of this chapter] may be cited as the 'National Consumer Health Information and Health Promotion Act of 1976'." Section 201 of title II of Pub. L. 94-317 provided that: "This title [amending sections 243, 247b, 247c, 4801, 4831, and 4841 to 4843 of this title and enacting provisions set out as notes under sections 247b and 247c of this title] may be cited as the 'Disease Control Amendments of 1976'." Pub. L. 94-278, Sec. 1(a), Apr. 22, 1976, 90 Stat. 401, provided that: "This Act [enacting sections 217a-1, 289l-5, 300b, 300b-1 to 300b-5 of this title and sections 350 and 378 of Title 21, Food and Drugs, and amending sections 213e, 225a, 234, 241, 247d, 254c, 287, 287a to 287d, 287f to 287i, 289a, 289c-1, 289c-5, 289c-6, 289l-1, 289l-2, 294b, 295g-23, 300c-11, 300l, 300p-3, 300s-1, 6062 and 6064 of this title and sections 321, 333, 334 and 343 of Title 21, and enacting provisions set out as notes under sections 218, 287, 289c- 1, 289c-2, 289l-1, 300b and 6001 of this title and sections 334 and 350 of Title 21] may be cited as the 'Health Research and Health Services Amendment of 1976'." Pub. L. 94-278, title IV, Sec. 401, Apr. 22, 1976, 90 Stat. 407, provided that: "This title [enacting part A of subchapter IX of this chapter, omitting former Part B of subchapter IX of this chapter relating to Cooley's Anemia Programs, redesignating former Parts C and D of subchapter IX of this chapter as Parts B and C of subchapter IX of this chapter, respectively, and amending section 300c-11 of this title] may be cited as the 'National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act'." Pub. L. 94-278, title VI, Sec. 601, Apr. 22, 1976, 90 Stat. 413, provided that: "This title [amending sections 289a, 289c-1, 289c-5, and 289c-6 of this title and amending provisions set out as notes under section 289c-1 of this title] may be cited as the 'National Arthritis Act Technical Amendments of 1976'." SHORT TITLE OF 1975 AMENDMENTS Pub. L. 94-63, title I, Sec. 101, July 29, 1975, 89 Stat. 304, provided that: "This title [amending section 246 of this title and enacting provisions set out as a note under section 246 of this title] may be cited as the 'Special Health Revenue Sharing Act of 1975'." Pub. L. 94-63, title II, Sec. 201, July 29, 1975, 89 Stat. 306, provided that: "This title [enacting sections 300a-6a and 300a-8 of this title, amending sections 300, 300a-1 to 300a-4 of this title, and repealing section 3505c of this title] may be cited as the 'Family Planning and Population Research Act of 1975'." Pub. L. 94-63, title IX, Sec. 901(a), July 29, 1975, 89 Stat. 354, provided that: "This title [enacting sections 296j to 296m and 298b-3 of this title, amending sections 296 to 296i, 297 to 297e, 297g to 297h, 298 to 298b-2, 298c, 298c-1 and 298c-7 of this title, repealing sections 296g, 296i, 297f, 298c-7, and 298c-8 of this title, and enacting provisions set out as notes under sections 296, 296a, 296d, 296e, 296m, 297, and 297b of this title and former section 297f of this title] may be cited as the 'Nurse Training Act of 1975'." Pub. L. 93-641, Sec. 1, Jan. 4, 1975, 88 Stat. 2225, provided that: "This Act [enacting subchapter XIII of this chapter amending section 300e-4 of this title, repealing section 247a of this title, and enacting provisions set out as notes under sections 217a, 229, 291b, 300l-4, and 300m of this title] may be cited as the 'National Health Planning and Resources Development Act of 1974'." SHORT TITLE OF 1974 AMENDMENTS Pub. L. 93-640, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided that: "This Act [enacting sections 289c-4, 289c-5, and 289c-6 of this title, amending sections 289a and 289c-1 of this title, and enacting provisions set out as notes under section 289c-1 of this title] may be cited as the 'National Arthritis Act of 1974'." Pub. L. 93-523, Sec. 1, Dec. 16, 1974, 88 Stat. 1660, as amended by Pub. L. 104-182, title V, Sec. 501(e), Aug. 6, 1996, 110 Stat. 1691, provided that: "This Act [enacting subchapter XII of this chapter and section 349 of Title 21, Food and Drugs, amending this section, and enacting provisions set out as a note under section 300f of this title] may be cited as the 'Safe Drinking Water Act of 1974'." Pub. L. 93-354, Sec. 1, July 23, 1974, 88 Stat. 373, provided that: "This Act [enacting sections 289c-1a, 289c-2, and 289c-3 of this title, amending sections 247b and 289c-1 of this title, and enacting provisions set out as notes under section 289c-2 of this title] may be cited as the 'National Diabetes Mellitus Research and Education Act'." Pub. L. 93-353, Sec. 1(a), July 23, 1974, 88 Stat. 362, provided that: "This Act [enacting sections 242k, 242m to 242o, and 253b of this title, renumbering former sections 242i, 242j, 242f, 242d, 242g, and 242h as sections 235, 236, 242l, 244-1, 245a, and 247d of this title, amending sections 236, 242b, 242c, 242l, 244-1, 245a, 280b, 280b-1, 280b-2, 280b-4, 280b-5, and 280b-7 to 280b-9, and repealing sections 242e, 244, 244a, 245, 247, 280b-3, and 280b-12 of this title, and enacting provisions set out as notes under sections 242m, 253b, and 280b of this title] may be cited as the 'Health Services Research, Health Statistics, and Medical Libraries Act of 1974'." Pub. L. 93-353, title I, Sec. 101, July 23, 1974, 88 Stat. 362, provided that: "This title [enacting sections 242k, 242m to 242o, and 253b, renumbering former sections 242i, 242j, 242f, 242d, 242g, and 242h as sections 235, 236, 242l, 244-1, 245a, and 247d of this title, amending sections 236, 242b, 242c, 242l, 244-1, and 245a, repealing sections 242e, 244, 244a, 245, and 247 of this title, and enacting provisions set out as notes under sections 242m and 253b of this title] may be cited as the 'Health Services Research and Evaluation and Health Statistics Act of 1974'." Pub. L. 93-352, title I, Sec. 101, July 23, 1974, 88 Stat. 358, provided that: "This title [enacting section 289l-4 of this title, amending sections 241, 282, 286a, 286b, 286c, 286d, 286g, and 289l of this title, enacting provisions set out as notes under sections 289l and 289l-1 of this title, and amending provisions set out as a note under this section] may be cited as the 'National Cancer Act Amendments of 1974'." Pub. L. 93-348, title I, Sec. 1, July 12, 1974, 88 Stat. 342, provided that: "This Act [enacting sections 289l-1 to 289l-3 of this title, amending sections 218, 241, 242a, 282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k, and 300a-7 of this title, and enacting provisions set out as notes under sections 218, 241, 289l-1, and 289l-3 of this title] may be cited as the 'National Research Act'." Pub. L. 93-348, title I, Sec. 101, July 12, 1974, 88 Stat. 342, provided that: "This title [enacting sections 289l-1 and 289l-2 and amending sections 241, 242a, 282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k, 295f-3, and 295h-9 of this title] may be cited as the 'National Research Service Award Act of 1974'." Pub. L. 93-296, Sec. 1, May 31, 1974, 88 Stat. 184, provided that: "This Act [enacting Part H of subchapter III of this chapter and provisions set out as notes under section 289k-2 of this title] may be cited as the 'Research on Aging Act of 1974'." Pub. L. 93-270, Sec. 1, Apr. 22, 1974, 88 Stat. 90, provided that: "This Act [enacting part B of subchapter IX of this chapter, amending sections 289d and 289g of this title, and enacting provisions set out as a note under section 289g of this title] may be cited as the 'Sudden Infant Death Syndrome Act of 1974'." SHORT TITLE OF 1973 AMENDMENTS Pub. L. 93-222, Sec. 1, Dec. 29, 1973, 87 Stat. 914, provided in part that Pub. L. 93-222 [enacting subchapter XI of this chapter and section 280c of this title, amending section 2001 of this title and section 172 of Title 12, Bank and Banking, repealing section 763c of Title 33, Navigation and Navigable Waters, enacting provisions set out as notes under sections 300e and 300e-1 of this title, amending provisions set out as notes under this section, and repealing provisions set out as notes under this section and sections 211a, 212a, and 222 of this title] shall be cited as the "Health Maintenance Organization Act of 1973." Pub. L. 93-154, Sec. 1, Nov. 16, 1973, 87 Stat. 594, provided that: "This Act [enacting subchapter X of this chapter and section 295f-6 of this title, amending sections 295f-2 and 295f-4 of this title, and enacting provisions set out as a note under this section] may be cited as the 'Emergency Medical Services Systems Act of 1973'." Pub. L. 93-45, Sec. 1, June 18, 1973, 87 Stat. 91, provided that: "This Act [enacting section 300a-7 of this title, amending sections 242b, 242c, 244-1, 245a, 246, 280b-4, 280b-5 280b-7, 280b-8, 280b- 9, 291a, 291j-1, 291j-5, 295h-1, 295h-2, 295h-3a, 299a, 300, 300a- 1, 300a-2, 300a-3, 2661, 2671, 2677, 2681, 2687, 2688a, 2688d, 2688j-1, 2688j-2, 2688l, 2688l-1, 2688n-1, 2688o, and 2688u of this title, and enacting provisions set out as amendment to note provisions under this section] may be cited as the 'Health Programs Extension Act of 1973'." SHORT TITLE OF 1972 AMENDMENTS Pub. L. 92-585, Sec. 1, Oct. 27, 1972, 86 Stat. 1290, provided that: "This Act [enacting section 234 of this title, amending sections 254b and 294a of this title, and enacting provisions set out as a note under section 246 of this title] may be cited as the 'Emergency Health Personnel Act Amendments of 1972'." Pub. L. 92-449, Sec. 1, Sept. 30, 1972, 86 Stat. 748, provided that: "This Act [enacting section 247c of this title, amending sections 247b and 300 of this title, and enacting provisions set out as notes under section 247c of this title] may be cited as the 'Communicable Disease Control Amendments Act of 1972'." Pub. L. 92-449, title II, Sec. 201, Sept. 30, 1972, 86 Stat. 750, provided that: "This title [enacting section 247c of this title and provisions set out as notes under section 247c of this title] may be cited as the 'National Venereal Disease Prevention and Control Act'." Pub. L. 92-423, Sec. 1, Sept. 19, 1972, 86 Stat. 679, provided that: "This Act [enacting sections 287b to 287f and 287i of this title, amending sections 218, 241, 287, 287a, 287g, and 287h of this title, and enacting provisions set out as notes under section 287 of this title] may be cited as the 'National Heart, Blood Vessel, Lung, and Blood Act of 1972'." SHORT TITLE OF 1971 AMENDMENTS Pub. L. 92-218, Sec. 1, Dec. 23, 1971, 85 Stat. 778, provided that: "This Act [enacting sections 286a to 286g and 289l of this title, amending sections 218, 241, 282, 283, and 284 of this title, and enacting provisions set out as notes under sections 281, 286, and 289l of this title] may be cited as 'The National Cancer Act of 1971'." Pub. L. 92-158, Sec. 1(a), Nov. 18, 1971, 85 Stat. 465, provided that: "This Act [enacting sections 296h, 296i, 297i, 298b-1, and 298b-2 of this title, amending sections 296, 296a, 296b, 296c, 296d, 296e, 296f, 296g, 297, 297a, 297b, 297c, 297e, 297f, 298, 298b, 298c, and 298c-7 of this title and enacting provisions set out as notes under sections 296, 296a, 296d, 296e, 297b, and 298c of this title] may be cited as the 'Nurse Training Act of 1971'." Pub. L. 92-157, title I, Sec. 101(a), Nov. 18, 1971, 85 Stat. 431, provided that: "This title [enacting sections 293i, 294g, 295e- 1 to 295e-5, 295f-5, 295g-11, 295g-21 to 295g-23, and 3505d of this title, amending sections 210 to 218, 242i, 254, 276, 277, 280, 280a-1, 292b, 292d to 292f, 292h to 292j, 293 to 293e, 293g, 293h, 294 to 294f, 295f to 295f-4, 295g, 295g-1, 295h-3d, 295h-4, 295h-8, 295h-9, 1857c-6, 1857c-8, 1857f-6c, 1857h-5, and 2676 of this title and section 346a of Title 21, Food and Drugs, and enacting provisions set out as notes under section 295h-8 of this title] may be cited as the 'Comprehensive Health Manpower Training Act of 1971'." SHORT TITLE OF 1970 AMENDMENTS Pub. L. 91-623, Sec. 1, Dec. 31, 1970, 84 Stat. 1868, provided: "That this Act [enacting sections 233 and 254b of this title] may be cited as the 'Emergency Health Personnel Act of 1970'." Pub. L. 91-572, Sec. 1, Dec. 24. 1970, 84 Stat. 1504, provided that: "This Act [enacting sections 300 to 300a-6 and 3505a to 3505c of this title, amending sections 211a, 212a of this title and section 763c of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under sections 201, 222, and 300 of this title] may be cited as the 'Family Planning Services and Population Research Act of 1970'." Pub. L. 91-519, Sec. 1, Nov. 2, 1970, 84 Stat. 1342, provided that: "This Act [enacting sections 295h-3a to 295h-3d, 295h-8, and 296h-9 of this title, amending sections 295f-1, 295f-2, 295h to 295h-2, 295h-4, and 295h-7 of this title, repealing section 295h-3 of this title, and enacting provisions set out as notes under sections 295f-1, 295-f2, and 295h-4 of this title] may be cited as the 'Health Training Improvement Act of 1970'." Pub. L. 91-515, title I, Sec. 101, Oct. 30, 1970, 84 Stat. 1297, provided that: "This title [amending sections 299 to 299g, 299i, and 299j of this title] may be cited as the 'Heart Disease, Cancer, Stroke, and Kidney Disease Amendments of 1970'." Pub. L. 91-464, Sec. 1, Oct. 16, 1970, 84 Stat. 988, provided: "That this Act [amending section 247b of this title] may be cited as the 'Communicable Disease Control Amendments of 1970'." Pub. L. 91-296, Sec. 1(a), June 30, 1970, 84 Stat. 336, provided that: "This Act [enacting sections 229b, 291j-1 to 291j-10, and 291o-1 of this title, amending sections 291a, 242b, 245a, 246, 291 note, 291b, 291c, 291d, 291e, 291f, 291i, 291k to 291m-1, 291o, and 299a of this title and section 1717 of Title 12, Banks and Banking, enacting provisions set out as notes under this section and sections 242, 245a, 246, 291a, 291b, 291c, 291e, 291f, 291o, 295h- 6, and 2688p of this title, and repealing sections 295h-6 and 2688p of this title] may be cited as the 'Medical Facilities Construction and Modernization Amendments of 1970'." Section 1 of Pub. L. 91-212 provided that: "This Act [enacting section 280b-12 of this title and amending this section and sections 276 to 278, 280, 280a-1, 280b, 280b-2 to 280b-9, and 280b- 11 of this title] may be cited as the 'Medical Library Assistance Extension Act of 1970'." SHORT TITLE OF 1968 AMENDMENTS Pub. L. 90-574, title IV, Sec. 401, Oct. 15, 1968, 82 Stat. 1011, provided that: "This title [amending sections 291a and 291b of this title] may be cited as the 'Hospital and Medical Facilities Construction and Modernization Assistance Amendments of 1968'." Pub. L. 90-490, Sec. 1, Aug. 16, 1968, 82 Stat. 773, provided: "That this Act [enacting sections 294f, 295g-1, 295h-6, 295h-7, 296f, 296g, and 297h of this title, amending sections 242d, 242g, 292b to 292e, 293 to 293d, 294 to 294d, 295f to 295f-4, 295g, 295h to 295h-3, 296 to 296b, 296d, 296e, 297 to 297f, 298b, 298c, and 298c-1 of this title, omitting sections 298c-2 to 298c-6 of this title, and enacting provisions set out as notes under sections 292b, 292e, 293 to 293c, 294f, 295f, 295f-2, 295g, 296, 296d, 296f, and 297a of this title] may be cited as the 'Health Manpower Act of 1968'." SHORT TITLE OF 1967 AMENDMENTS Pub. L. 90-174, Sec. 1, Dec. 5, 1967, 81 Stat. 533, provided: "That this Act [enacting sections 217b, 254a, 263a, and 291m-1 of this title, amending sections 241, 242, 242b, 243, 244, 246, 249, 251, 293e, 295h-4, and 296e of this title, repealing section 291n of this title, and enacting provisions set out as notes under this section and sections 242b, 242c, 246, 263a, and 296e of this title] may be cited as the 'Partnership for Health Amendments of 1967'." Pub. L. 90-174, Sec. 5(c), Dec. 5, 1967, 81 Stat. 539, provided that: "This section [enacting section 263a of this title and provisions set out as notes under section 263a of this title] may be cited as the 'Clinical Laboratories Improvement Act of 1967'." Pub. L. 90-31, Sec. 1, June 24, 1967, 81 Stat. 79, provided: "That this Act [enacting section 225a of this title and amending sections 2681, 2684, 2687, 2688a, 2688d, and 2691 of this title] may be cited as the 'Mental Health Amendments of 1967'." SHORT TITLE OF 1966 AMENDMENTS Pub. L. 89-751, Sec. 1, Nov. 3, 1966, 80 Stat. 1222, provided: "That this Act [enacting sections 295h to 295h-5 and 298c to 298c-8 of this title, amending sections 292b, 294d, 294n to 294p, 296, 297c to 297f, and 298 of this title and section 1717 of Title 12, Banks and Banking, and enacting provisions set out as notes under sections 294, 294d, 297c, and 297f of this title] may be cited as the 'Allied Health Professions Personnel Training Act of 1966'." Pub. L. 89-749, Sec. 1, Nov. 3, 1966, 80 Stat. 1180, provided: "That this Act [amending 243, 245a, and 246 of this title, repealing sections 247a and 247c of this title, and enacting provisions set out as notes under this section and sections 243 and 245a of this title] may be cited as the 'Comprehensive Health Planning and Public Health Services Amendments of 1966'." Pub. L. 89-709, Sec. 1, Nov. 2, 1966, 80 Stat. 1103, provided: "That this Act [amending sections 293, 293a, 293d, 293e, 294, 294a, and 294b of this title] may be cited as the 'Veterinary Medical Education Act of 1966'." SHORT TITLE OF 1965 AMENDMENTS Section 1 of Pub. L. 89-291, Oct. 22, 1965, 79 Stat. 1059, provided that: "This Act [enacting section 280a-1 of this title and Part J of subchapter II of this chapter and amending section 277 of this title] may be cited as the 'Medical Library Assistance Act of 1965'." Pub. L. 89-290, Sec. 1, Oct. 22, 1965, 79 Stat. 1052, provided that: "This Act [enacting sections 295f to 295f-4 and 295g of this title and amending sections 293, 293a, 293d, 294 to 294d, 297b, and 298b of this title] may be cited as the 'Health Professions Educational Assistance Amendments of 1965'." Pub. L. 89-239, Sec. 1, Oct. 6, 1965, 79 Stat. 926, provided: "That this Act [enacting sections 299 to 299i of this title, amending sections 211a and 212a of this title, sections 757, 790, 800 of former Title 5, Executive Departments and Government Officers and Employees, and section 763c of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under sections 201, 214, 222, and 249 of this title] may be cited as the 'Heart Disease, Cancer, and Stroke Amendments of 1965'." Pub. L. 89-115, Sec. 1, Aug. 9, 1965, 79 Stat. 448, provided: "That this Act [amending sections 241, 292c, and 292d of this title and section 2211 of former Title 5, Executive Departments and Government Officers and Employees, and enacting section 623h of former Title 5 and provisions set out as a note thereunder] may be cited as the 'Health Research Facilities Amendments of 1965'." Pub. L. 89-109, Sec. 1, Aug. 5, 1965, 79 Stat. 435, provided: "That this Act [amending sections 246, 247a, 247b, and 247d of this title] may be cited as the 'Community Health Services Extension Amendments of 1965'." SHORT TITLE OF 1964 AMENDMENTS Pub. L. 88-581, Sec. 1, Sept. 4, 1964, 78 Stat. 908, provided: "That this Act [enacting subchapter VI of this chapter, amending sections 291c, 291o, 293, 293a, 293e, and 293h of this title, and enacting provisions set out as notes under sections 201, 211a, 212a, 222, 291c, 293, 293e, and 293h of this title, sections 757, 790, and 800 of former Title 5, Executive Departments and Government Officers and Employees, and section 763c of Title 33, Navigation and Navigable Waters] may be cited as the 'Nurse Training Act of 1964'." Pub. L. 88-497, Sec. 1, Aug. 27, 1964, 78 Stat. 613, provided that: "This Act [amending sections 244-1 and 245a of this title] may be cited as the 'Graduate Public Health Training Amendments of 1964'." Pub. L. 88-443, Sec. 1, Aug. 18, 1964, 78 Stat. 447, provided that: "This Act [enacting sections 247c, 291 to 291j, 291k to 291m, 291n, and 291o of this title and enacting provisions set out as notes under section 291 of this title] may be cited as the 'Hospital and Medical Facilities Amendments of 1964'." SHORT TITLE OF 1963 AMENDMENT Pub. L. 88-129, Sec. 1, Sept. 24, 1963, 77 Stat. 164, provided: "That this Act [enacting sections 292j, 293 to 293h, and 294 to 294e and amending sections 292 to 292b and 292d to 292i of this title] may be cited as the 'Health Professions Educational Assistance Act of 1963'." SHORT TITLE OF 1962 AMENDMENT Pub. L. 87-868, Sec. 1, Oct. 23, 1962, 76 Stat. 1155, provided that this Act [enacting section 247b of this title] may be cited as the "Vaccination Assistance Act of 1962." SHORT TITLE OF 1961 AMENDMENT Pub. L. 87-395, Sec. 1, Oct. 5, 1961, 75 Stat. 824, provided: "That this Act [enacting section 247a of this title, amending sections 246, 289c, 291i, 291n, 291s, 291t, 291w, and 292c to 292g of this title, and enacting provisions set out as a note under section 291s of this title] may be cited as the 'Community Health Services and Facilities Act of 1961'." SHORT TITLE OF 1960 AMENDMENT Section 1 of Pub. L. 86-415, Apr. 8, 1960, 74 Stat. 32, provided: "That this Act [amending this section and sections 209, 210, 211, 212, 253, and 415 of this title and section 2251 of former Title 5, Executive Departments and Government Officers and Employees, and enacting provisions set out as notes under sections 209 and 212 of this title and section 2253 of former Title 5] may be cited as the 'Public Health Service Commissioned Corps Personnel Act of 1960'." SHORT TITLE OF 1956 AMENDMENTS Section 2 of act Aug. 3, 1956, ch. 907, 70 Stat. 962, provided that: "This Act [enacting part I of subchapter II of this chapter] may be cited as the 'National Library of Medicine Act'." Act July 3, 1956, ch. 510, Sec. 1, 70 Stat. 489, provided that: "This Act [enacting section 246 of this title, amended section 241 of this title, and enacting provisions set out as a note under section 246 of this title] may be cited as the 'National Health Survey Act'." SHORT TITLE OF 1955 AMENDMENT Joint Res. July 28, 1955, ch. 417, Sec. 1, 69 Stat. 382, provided that: "This joint resolution [enacting section 242b of this title and provisions set out as a note under section 242b of this title] may be cited as the 'Mental Health Study Act of 1955'." SHORT TITLE OF 1948 AMENDMENTS Section 1 of act June 24, 1948, provided that: "This Act [enacting part C of subchapter III of this chapter and amending this section and sections 210, 218, and 241 of this title] may be cited as the 'National Dental Research Act'." Section 1 of act June 16, 1948, provided that: "This Act [enacting sections 287 to 287c of this title and amending this section and sections 203, 206, 210, 218, 219, 241, 246, 281, 283, and 286 of this title] may be cited as the 'National Heart Act'." SHORT TITLE OF 1946 AMENDMENT Section 1 of act July 3, 1946, provided: "That this Act [enacting sections 232 and 242a of this title, amending this section and sections 209, 210, 215, 218, 219, 241, 244, and 246 of this title, and enacting provisions set out as a note under this section] may be cited as the 'National Mental Health Act'." SHORT TITLE Section 1 of act July 1, 1944, as amended by acts Aug. 13, 1946, ch. 958, Sec. 4, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(a), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(a), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(a), 79 Stat. 930; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(a), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(a), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93- 154, Sec. 2(b)(1), 87 Stat. 604; Dec. 29, 1973, Pub. L. 93-222, Sec. 7(a), 87 Stat. 936, provided that: "This Act [enacting this chapter] may be cited as the 'Public Health Service Act'." Section 329 of act July 1, 1944, formerly Sec. 310, as added by Pub. L. 87-692, Sept. 25, 1962, 76 Stat. 592, amended and renumbered, formerly classified to section 254b of this title, was popularly known as the "Migrant Health Act". Section 1400 of title XIV of act July 1, 1944, as added Aug. 6, 1996, Pub. L. 104-182, title V, Sec. 501(e), 110 Stat. 1691, provided that: "This title [enacting subchapter XII of this chapter] may be cited as the 'Safe Drinking Water Act'." RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506, Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, repealed and amended sections in this title and in Title 8, Aliens and Nationality, Title 14, Coast Guard, Title 21, Food and Drugs, Title 24, Hospitals and Asylums, former Title 31, Money and Finance, Title 33, Navigation and Navigable Waters, former Title 34, Navy, Title 44, Public Printing and Documents, former Title 46, Shipping, Title 48, Territories and Insular Possessions, and former Title 49, Transportation, and was itself repealed by Pub. L. 93- 222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. SAVINGS PROVISION Section 1314, formerly Sec. 612, of act July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, provided that the repeal of statutes and parts of statutes by sections 1313, formerly Sec. 611, of act July 1, 1944, not affect any act done, right accruing or accrued, or suit or proceeding had or commenced in any civil cause before such repeal, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3, of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. -MISC3- CONGRESSIONAL DECLARATION OF PURPOSE FOR COMPREHENSIVE ALCOHOL ABUSE, DRUG ABUSE, AND MENTAL HEALTH AMENDMENTS ACT OF 1988 Pub. L. 100-690, title II, Sec. 2012, Nov. 18, 1988, 102 Stat. 4193, provided that: "The purposes of this subtitle [subtitle A (Secs. 2011-2081) of title II of Pub. L. 100-690, see Tables for classification] with respect to substance abuse are - "(1) to prevent the transmission of the etiologic agent for acquired immune deficiency syndrome by ensuring that treatment services for intravenous drug abuse are available to intravenous drug abusers; "(2) to continue the Federal Government's partnership with the States in the development, maintenance, and improvement of community-based alcohol and drug abuse programs; "(3) to provide financial and technical assistance to the States and communities in their efforts to develop and maintain a core of prevention services for the purpose of reducing the incidence of substance abuse and the demand for alcohol and drug abuse treatment; "(4) to assist and encourage States in the initiation and expansion of prevention and treatment services to underserved populations; "(5) to increase, to the greatest extent possible, the availability and quality of treatment services so that treatment on request may be provided to all individuals desiring to rid themselves of their substance abuse problem; and "(6) to increase understanding about the extent of alcohol abuse and other forms of drug abuse by expanding data collection activities and supporting research on the comparative cost and efficacy of substance abuse prevention and treatment services." PURPOSE OF ACT JULY 3, 1946 Section 2 of act July 3, 1946, provided: "The purpose of this Act [see Short Title of 1946 Amendment note above] is the improvement of the mental health of the people of the United States through the conducting of researches, investigations, experiments, and demonstrations relating to the cause, diagnosis, and treatment of psychiatric disorders; assisting and fostering such research activities by public and private agencies, and promoting the coordination of all such researches and activities and the useful application of their results; training personnel in matters relating to mental health; and developing, and assisting States in the use of, the most effective methods of prevention, diagnosis, and treatment of psychiatric disorders." EXISTING POSITIONS, PROCEDURES, REGULATIONS, FUNDS, APPROPRIATIONS, AND PROPERTY Sections 1301 to 1303, formerly Secs. 601 to 603, of act July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 3, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91- 572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, related to the effect of this chapter on existing positions, procedures, regulations, funds, appropriations, and property, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. APPROPRIATIONS FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES Section 1304, formerly Sec. 604, of act July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89- 239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, authorized annual appropriations during World War II and during period of demobilization to conduct health and sanitation activities in military, naval, or industrial areas, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of section 1004 of act July 1, 1944, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941. AVAILABILITY OF APPROPRIATIONS Pub. L. 91-296, title VI, Sec. 601, June 30, 1970, 84 Stat. 353, as amended Pub. L. 93-45, title IV, Sec. 401(a), June 18, 1973, 87 Stat. 95; Pub. L. 93-352, title I, Sec. 113, July 23, 1974, 88 Stat. 360, provided that: "Notwithstanding any other provision of law, unless enacted after the enactment of this Act [June 30, 1970] expressly in limitation of the provisions of this section, funds appropriated for any fiscal year to carry out any program for which appropriations are authorized by the Public Health Service Act (Public Law 410, Seventy-eighth Congress, as amended) [this chapter] or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88-164, as amended) [sections 2689 et seq. and 6001 et seq. of this title] shall remain available for obligation and expenditure until the end of such fiscal year." FEDERAL ACCOUNTABILITY Pub. L. 102-321, title II, Sec. 203(b), July 10, 1992, 106 Stat. 410, provided that: "Any rule or regulation of the Department of Health and Human Services that is inconsistent with the amendments made by this Act [see Tables for classification] shall not have any legal effect, including section 50(e) of part 96 of title 45, Code of Federal Regulations (45 CFR 96.50(e))." HAZARDOUS SUBSTANCES Federal Hazardous Substances Act as not modifying this chapter, see Pub. L. 86-613, Sec. 18, July 12, 1960, 74 Stat. 380, set out as a note under section 1261 of Title 15, Commerce and Trade. -CROSS- DEFINITION OF "SECRETARY" Pub. L. 90-574, title V, Sec. 507, Oct. 15, 1968, 82 Stat. 1013, as amended by Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, provided that: "As used in the amendments made by this Act [enacting sections 229a, 299j, 2688e to 2688q, and 2697a of this title, amending sections 210g, 242h, 291a, 291b, 299a to 299e, 2693, and 3259 of this title, repealing section 3442 of this title, and enacting provisions set out as notes under sections 291a, 2688e, 3442 of this title, section 278 of Title 22, Foreign Relations and Intercourse, and section 3681 of Title 38, Veterans' Benefits], the term 'Secretary' means the Secretary of Health and Human Services." Pub. L. 90-174, Sec. 15, Dec. 5, 1967, 81 Stat. 542, as amended by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: "As used in the amendments made by this Act [enacting sections 217b, 243(c), 251(b), 254a, 263a, and 291m-1 and amending sections 242b, 242g(c), 246(d)(1), (e), and 296e(c)(1) of this title] the term 'Secretary' means the Secretary of Health and Human Services." -EXEC- EXECUTIVE ORDER NO. 13507 Ex. Ord. No. 13507, Apr. 8, 2009, 74 F.R. 17071, which established the White House Office of Health Reform, was revoked by Ex. Ord. No. 13569, Sec. 6, Apr. 5, 2011, 76 F.R. 19891, set out as a note preceding section 101 of Title 3, The President. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Part A - Administration 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- PART A - ADMINISTRATION -End- -CITE- 42 USC Sec. 202 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 202. Administration and supervision of Service -STATUTE- The Public Health Service in the Department of Health and Human Services shall be administered by the Assistant Secretary for Health under the supervision and direction of the Secretary. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 201, 58 Stat. 683; 1953 Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 103-43, title XX, Sec. 2008(f), June 10, 1993, 107 Stat. 212.) -MISC1- AMENDMENTS 1993 - Pub. L. 103-43 substituted "Health and Human Services" for "Health, Education, and Welfare" and "Assistant Secretary for Health" for "Surgeon General". -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- INTERNATIONAL HEALTH ADMINISTRATION Ex. Ord. No. 10399, Sept. 27, 1952, 17 F.R. 8648, designated Surgeon General to perform certain duties under International Sanitary Regulations of World Health Organization. REORGANIZATION PLAN NO. 3 OF 1966 EFF. JUNE 25, 1966, 31 F.R. 8855, 80 STAT. 1610 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 25, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et seq.]. PUBLIC HEALTH SERVICE SECTION 1. TRANSFER OF FUNCTIONS (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of Health, Education, and Welfare (hereinafter referred to as the Secretary) all functions of the Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service. (b) This section shall not apply to the functions vested by law in any advisory council, board, or committee of or in the Public Health Service which is established by law or is required by law to be established. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Secretary may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any officer, employee, or agency of the Public Health Service or of the Department of Health, Education, and Welfare. SEC. 3. ABOLITIONS (a) The following agencies of the Public Health Service are hereby abolished: (1) The Bureau of Medical Services, including the office of Chief of the Bureau of Medical Services. (2) The Bureau of State Services, including the office of Chief of the Bureau of State Services. (3) The agency designated as the National Institutes of Health (42 U.S.C. 203), including the office of Director of the National Institutes of Health (42 U.S.C. 206(b)) but excluding the several research Institutes in the agency designated as the National Institutes of Health. (4) The agency designated as the Office of the Surgeon General (42 U.S.C. 203(1)), together with the office held by the Deputy Surgeon General (42 U.S.C. 206(a)). (b) The Secretary shall make such provisions as he shall deem necessary respecting the winding up of any outstanding affairs of the agencies abolished by the provisions of this section. SEC. 4. INCIDENTAL TRANSFERS As he may deem necessary in order to carry out the provisions of this reorganization plan, the Secretary may from time to time effect transfers within the Department of Health, Education, and Welfare of any of the records, property, personnel and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of the Department which relate to functions affected by this reorganization plan. [The Secretary and Department of Health, Education, and Welfare were redesignated the Secretary and Department of Health and Human Services, respectively, by 20 U.S.C. 3508.] MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization of health functions of the Department of Health, Education, and Welfare. I Today we face new challenges and unparalleled opportunities in the field of health. Building on the progress of the past several years, we have truly begun to match the achievements of our medicine to the needs of our people. The task ahead is immense. As a nation, we will unceasingly pursue our research and learning, our training and building, our testing and treatment. But now our concern must also turn to the organization of our Federal health programs. As citizens we are entitled to the very best health services our resources can provide. As taxpayers, we demand the most efficient and economic health organizations that can be devised. I ask the Congress to approve a reorganization plan to bring new strength to the administration of Federal health programs. I propose a series of changes in the organization of the Public Health Service that will bring to all Americans a structure modern in design, more efficient in operation and better prepared to meet the great and growing needs of the future. Through such improvements we can achieve the full promise of the landmark health legislation enacted by the 89th Congress. I do not propose these changes lightly. They follow a period of careful deliberation. For many months the Secretary of Health, Education, and Welfare, and the Surgeon General have consulted leading experts in the Nation - physicians, administrators, scientists, and public health specialists. They have confirmed my belief that modernization and reorganization of the Public Health Service are urgently required and long overdue. II The Public Health Service is an operating agency of the Department of Health, Education, and Welfare. It is the principal arm of the Federal Government in the field of health. Its programs are among those most vital to our well-being. Since 1953 more than 50 new programs have been placed in the Public Health Service. Its budget over the past 12 years has increased tenfold - from $250 million to $2.4 billion. Today the organization of the Public Health Service is clearly obsolete. The requirement that new and expanding programs be administered through an organizational structure established by law more than two decades ago stands as a major obstacle to the fulfillment of our Nation's health goals. As presently constituted, the Public Health Service is composed of four major components: National Institutes of Health. Bureau of State Services. Bureau of Medical Services. Office of the Surgeon General. Under present law, Public Health Service functions must be assigned only to these four components. This structure was designed to provide separate administrative arrangements for health research, programs of State and local aid, health services, and executive staff resources. At a time when these functions could be neatly compartmentalized, the structure was adequate. But today the situation is different. Under recent legislation many new programs provide for an integrated attack on specific disease problems or health hazards in the environment by combining health services, State and local aid, and research. Each new program of this type necessarily is assigned to one of the three operating components of the Public Health Service. Yet none of these components is intended to administer programs involving such a variety of approaches. Our health problems are difficult enough without having them complicated by outmoded organizational arrangements. But if we merely take the step of integrating the four agencies within the Public Health Service we will not go far enough. More is required. III The Department of Health, Education, and Welfare performs major health or health-related functions which are not carried out through the Public Health Service, although they are closely related to its functions. Among these are: Health insurance for the aged, administered through the Social Security Administration; Medical assistance for the needy, administered through the Welfare Administration; Regulation of the manufacture, labeling, and distribution of drugs, carried out through the Food and Drug Administration; and Grants-in-aid to States for vocational rehabilitation of the handicapped, administered by the Vocational Rehabilitation Administration. Expenditures for health and health-related programs of the Department administered outside the Public Health Service have increased from $44 million in 1953 to an estimated $5.4 billion in 1967. As the head of the Department, the Secretary of Health, Education, and Welfare is responsible for the Administration and coordination of all the Department's health functions. He has clear authority over the programs I have just mentioned. But today he lacks this essential authority over the Public Health Service. The functions of that agency are vested in the Surgeon General and not in the Secretary. This diffusion of responsibility is unsound and unwise. To secure the highest possible level of health services for the American people the Secretary of Health, Education, and Welfare must be given the authority to establish - and modify as necessary - the organizational structure for Public Health Service programs. He must also have the authority to coordinate health functions throughout the Department. The reorganization plan I propose will accomplish these purposes. It will provide the Secretary with the flexibility to create new and responsive organizational arrangements to keep pace with the changing and dynamic nature of our health programs. My views in this respect follow a basic principle of good government set by the Hoover Commission in 1949 when it recommended that "the Department head should be given authority to determine the organization within his Department." IV In summary, the reorganization plan would: Transfer to the Secretary of Health, Education, and Welfare the functions now vested in the Surgeon General of the Public Health Service and in its various subordinate units (this transfer will not affect certain statutory advisory bodies such as the National Advisory Cancer and Heart Councils); Abolish the four principal statutory components of the Public Health Service, including the offices held by their heads (the Bureau of Medical Services, the Bureau of State Services, the National Institutes of Health exclusive of its several research institutes such as the National Cancer and Heart Institutes, and the Office of the Surgeon General); and Authorize the Secretary to assign the functions transferred to him by the plan to officials and entities of the Public Health Service and to other agencies of the Department as he deems appropriate. Thus, the Secretary would be - Enabled to assure that all health functions of the Department are carried out as effectively and economically as possible; Given authority commensurate with his responsibility; and Made responsible in fact for matters for which he is now, in any case, held accountable by the President, the Congress, and the people. V I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. Should the reorganizations in the accompanying reorganization plan take effect, they will make possible more effective and efficient administration of the affected health programs. It is, however, not practicable at this time to itemize the reductions in expenditures which may result. I strongly recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, April 25, 1966. -EXEC- EXECUTIVE ORDER NO. 10506 Ex. Ord. No. 10506, Dec. 10, 1953, 18 F.R. 8219, which delegated certain functions of the President relating to the Public Health Service, was superseded by Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, set out below. EX. ORD. NO. 11140. DELEGATION OF FUNCTIONS Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. The Secretary of Health and Human Services is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the following-described functions vested in the President under the Public Health Service Act (58 Stat. 682), as amended [this chapter]: (a) The authority under Section 203 (42 U.S.C. 204): to appoint commissioned officers of the Reserve Corps. (b) The authority under Section 206(b) (42 U.S.C. 207(b)) to prescribe titles, appropriate to the several grades, for commissioned officers of the Public Health Service other than medical officers. (c) The authority under Section 207(a)(2) (42 U.S.C. 209(a)(2)) to terminate commissions of officers of the Reserve Corps without the consent of the officers concerned. (d) The authority under Section 210(a), (k), and (l) (42 U.S.C. 211(a), (k), and (l)) to make or terminate temporary promotions of commissioned officers of the Regular Corps and Reserve Corps. (e) The authority under Section 211(a)(5) (42 U.S.C. 212(a)(5)) to approve voluntary retirements under that section. (f) The authority to prescribe regulations under the following- designated Sections: 207(a), 207(b), 208(e), 210(a), 210(b), 210(d)(1), 210(h), 210(i), 210(j)(1), 210(k), 215(a), 218(a), 219(a), and 510 (42 U.S.C. 209(a), 209(b), 210(e), 211(a), 211(b), 211(d)(1), 211(h), 211(i), 211(j)(1), 211(k), 216(a), 218a(a), 210- 1(a), and 228). (g) The authority under Sections 321(a) and 364(a) (42 U.S.C. 248(a) and 267(a)) to approve the selection of suitable sites for and the establishment of additional institutions, hospitals, stations, grounds, and anchorages; subject, however, to the approval of the Director of the Office of Management and Budget, except as he may otherwise provide. Sec. 2. The Surgeon General is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the function vested in the President by Sections 203 and 207(a)(2) of the Public Health Service Act (58 Stat. 683, 685), as amended (42 U.S.C. 204 and 209(a)(2)), or otherwise, of accepting voluntary resignations of commissioned officers of the Regular Corps or the Reserve Corps. Sec. 3. The Secretary of Health and Human Services is hereby authorized and empowered, without the approval, ratification, or other action of the President, to exercise the authority vested in the President by Section 704 of Title 37 of the United States Code to prescribe regulations. Sec. 4. The Secretary of Health and Human Services is hereby authorized to redelegate all or any part of the functions set forth under (a), (b), (c), and (d) of Section 1 hereof to the Surgeon General of the Public Health Service or other official of that Service who is required to be appointed by and with the advice and consent of the Senate. Sec. 5. All actions heretofore taken by appropriate authority with respect to the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved with respect to such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order. Sec. 6. As used in this order, the term "functions" embraces duties, powers, responsibilities, authority, or discretion, and the term "perform" may be construed to mean "exercise". Sec. 7. (a) Executive Order No. 10506 of December 10, 1953, entitled "Delegating Certain Functions of the President under the Public Health Service Act," is hereby superseded. (b) Executive Orders Nos. 9993 of August 31, 1948, 10031 of January 26, 1949, 10280 of August 16, 1951, 10354 of May 26, 1952, and 10497 of October 27, 1953, which prescribed regulations relating to commissioned officers and employees of the Public Health Service, are hereby revoked. Nothing in this subsection shall be deemed to alter or otherwise affect the regulations prescribed by the Surgeon General (42 CFR Parts 21 and 22) to replace the regulations prescribed by the orders described in the preceding sentence. -End- -CITE- 42 USC Sec. 203 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 203. Organization of Service -STATUTE- The Service shall consist of (1) the Office of the Surgeon General, (2) the National Institutes of Health, (3) the Bureau of Medical Services, and (!1) (4) the Bureau of State Services, and (!2) the Agency for Healthcare Research and Quality. The Secretary is authorized and directed to assign to the Office of the Surgeon General,(!3) to the National Institutes of Health, to the Bureau of Medical Services, and to the Bureau of State Services, respectively, the several functions of the Service, and to establish within them such divisions, sections, and other units as he may find necessary; and from time to time abolish, transfer, and consolidate divisions, sections, and other units and assign their functions and personnel in such manner as he may find necessary for efficient operation of the Service. No division shall be established, abolished, or transferred, and no divisions shall be consolidated, except with the approval of the Secretary. The National Institutes of Health shall be administered as a part of the field service. The Secretary may delegate to any officer or employee of the Service such of his powers and duties under this chapter, except the making of regulations, as he may deem necessary or expedient. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 202, 58 Stat. 683; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 103-43, title XX, Sec. 2008(g), June 10, 1993, 107 Stat. 212; Pub. L. 106-129, Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670.) -MISC1- AMENDMENTS 1999 - Pub. L. 106-129 substituted "Agency for Healthcare Research and Quality" for "Agency for Health Care Policy and Research". 1993 - Pub. L. 103-43, Sec. 2008(g)(2), inserted ", and the Agency for Health Care Policy and Research" in first sentence. Pub. L. 103-43, Sec. 2008(g)(1), which directed the amendment of this section by striking "Surgeon General" the second and subsequent times that such term appears and inserting "Secretary", was executed by making the substitution before "is authorized and directed" and before "may delegate to any officer" and by leaving unchanged "Surgeon General" in the phrase "assign to the Office of the Surgeon General" in second sentence, to reflect the probable intent of Congress. 1948 - Act June 16, 1948, substituted "National Institutes of Health" for "National Institute of Health" in cl. (2). -TRANS- TRANSFER OF FUNCTIONS Bureau of Medical Services, Bureau of State Services, National Institutes of Health, excluding several research Institutes in agency, and Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare, and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -FOOTNOTE- (!1) So in original. The "and" probably should not appear. (!2) So in original. Probably should be followed by "(5)". (!3) See 1993 Amendment note below. -End- -CITE- 42 USC Sec. 204 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 204. Commissioned Corps and Ready Reserve Corps -STATUTE- (a) Establishment (1) In general There shall be in the Service a commissioned Regular Corps and a Ready Reserve Corps for service in time of national emergency. (2) Requirement All commissioned officers shall be citizens of the United States and shall be appointed without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended. (3) Appointment Commissioned officers of the Ready Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by the President with the advice and consent of the Senate. (4) Active duty Commissioned officers of the Ready 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. (5) Warrant officers 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. (b) Assimilating Reserve Corps officers into the Regular Corps Effective on March 23, 2010, all individuals classified as officers in the Reserve Corps under this section (as such section existed on the day before March 23, 2010) and serving on active duty shall be deemed to be commissioned officers of the Regular Corps. (c) Purpose and use of Ready Reserve (1) Purpose The purpose of the Ready Reserve Corps is to fulfill the need to have additional Commissioned Corps personnel available on short notice (similar to the uniformed service's reserve program) to assist regular Commissioned Corps personnel to meet both routine public health and emergency response missions. (2) Uses The Ready Reserve Corps shall - (A) participate in routine training to meet the general and specific needs of the Commissioned Corps; (B) be available and ready for involuntary calls to active duty during national emergencies and public health crises, similar to the uniformed service reserve personnel; (C) be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members, as well as for deployment to respond to public health emergencies, both foreign and domestic; and (D) be available for service assignment in isolated, hardship, and medically underserved communities (as defined in section 295p of this title) to improve access to health services. (d) Funding For the purpose of carrying out the duties and responsibilities of the Commissioned Corps under this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2010 through 2014 for recruitment and training and $12,500,000 for each of fiscal years 2010 through 2014 for the Ready Reserve Corps. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 203, 58 Stat. 683; Feb. 28, 1948, ch. 83, Sec. 2, 62 Stat. 39; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 96-76, title III, Sec. 302(a), Sept. 29, 1979, 93 Stat. 584; Pub. L. 111-148, title V, Sec. 5210, Mar. 23, 2010, 124 Stat. 614.) -REFTEXT- REFERENCES IN TEXT The Classification Act of 1923, as amended, referred to in subsec. (a)(2), is act Mar. 4, 1923, ch. 265, 42 Stat. 1488, which was classified to section 661 et seq. of former Title 5, Executive Departments and Government Officers and Employees, and was repealed by act Oct. 28, 1949, ch. 782, title XII, Sec. 1202, 63 Stat. 972. -MISC1- AMENDMENTS 2010 - Pub. L. 111-148 inserted section catchline and amended text generally. Prior to amendment, text read as follows: "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." 1979 - Pub. L. 96-76 inserted provisions relating to appointment and status of warrant officers. 1949 - Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". 1948 - Act Feb. 28, 1948, struck out provision that all active service in Reserve Corps, as well as service in Regular Corps, shall be credited for purpose of promotion in Regular Corps. REPEALS Act Oct. 28, 1949, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. REPORTS Pub. L. 111-148, title V, Sec. 5701, Mar. 23, 2010, 124 Stat. 684, provided that: "(a) Reports by Secretary of Health and Human Services. - On an annual basis, the Secretary of Health and Human Services shall submit to the appropriate Committees of Congress a report on the activities carried out under the amendments made by this title [see Tables for classification], and the effectiveness of such activities. "(b) Reports by Recipients of Funds. - The Secretary of Health and Human Services may require, as a condition of receiving funds under the amendments made by this title, that the entity receiving such award submit to such Secretary such reports as the such Secretary may require on activities carried out with such award, and the effectiveness of such activities." OSTEOPATHS AS RESERVE OFFICERS Section 709 of act July 1, 1944, formerly Sec. 609, renumbered Sec. 709 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049, which provided for appointment of osteopaths as reserve officers until six months after World War II, was repealed by Joint Res. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449. -EXEC- DELEGATION OF AUTHORITY TO APPOINT COMMISSIONED OFFICERS OF THE READY RESERVE CORPS OF THE PUBLIC HEALTH SERVICE Memorandum of President of the United States, June 1, 2010, 75 F.R. 32245, provided: Memorandum for the Secretary of Health and Human Services By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 203 of the Public Health Service Act, as amended by Public Law 111-148, to appoint commissioned officers of the Ready Reserve Corps. The exercise of this authority is limited to appointments of individuals who were extended offers of employment for appointment and call to active duty in the Reserve Corps of the Public Health Service with an appointment date subsequent to March 23, 2010, the date of enactment of Public Law 111-148, but who were not on active duty on that date, and those individuals who are selected for the 2010 Commissioned Officer Student Training and Extern Program. This authority may not be re-delegated. You are authorized and directed to publish this memorandum in the Federal Register. Barack Obama. Memorandum of President of the United States, May 31, 2011, 76 F.R. 33117, provided: Memorandum for the Secretary of Health and Human Services By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 203 of the Public Health Service Act, as amended by Public Law 111-148, to appoint commissioned officers of the Ready Reserve Corps of the Public Health Service. Commissions issued under this delegation of authority may not be for a term longer than 6 months. Officers appointed pursuant to this delegation may not be appointed to the Ready Reserve Corps of the Public Health Service for a term greater than 6 months other than by the President or to the Regular Corps of the Public Health Service other than by the President with the advice and consent of the Senate. This authority may not be redelegated. You are authorized and directed to publish this memorandum in the Federal Register. Barack Obama. -End- -CITE- 42 USC Sec. 204a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 204a. Deployment readiness -STATUTE- (a) Readiness requirements for Commissioned Corps officers (1) In general The Secretary, with respect to members of the following Corps components, shall establish requirements, including training and medical examinations, to ensure the readiness of such components to respond to urgent or emergency public health care needs that cannot otherwise be met at the Federal, State, and local levels: (A) Active duty Regular Corps. (B) Active Reserves. (2) Annual assessment of members The Secretary shall annually determine whether each member of the Corps meets the applicable readiness requirements established under paragraph (1). (3) Failure to meet requirements A member of the Corps who fails to meet or maintain the readiness requirements established under paragraph (1) or who fails to comply with orders to respond to an urgent or emergency public health care need shall, except as provided in paragraph (4), in accordance with procedures established by the Secretary, be subject to disciplinary action as prescribed by the Secretary. (4) Waiver of requirements (A) In general The Secretary may waive one or more of the requirements established under paragraph (1) for an individual who is not able to meet such requirements because of - (i) a disability; (ii) a temporary medical condition; or (iii) any other extraordinary limitation as determined by the Secretary. (B) Regulations The Secretary shall promulgate regulations under which a waiver described in subparagraph (A) may be granted. (5) Urgent or emergency public health care need For purposes of this section and section 215 of this title, the term "urgent or emergency public health care need" means a health care need, as determined by the Secretary, arising as the result of - (A) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); (B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (C) a public health emergency declared by the Secretary under section 247d of this title; or (D) any emergency that, in the judgment of the Secretary, is appropriate for the deployment of members of the Corps. (b) Corps management for deployment The Secretary shall - (1) organize members of the Corps into units for rapid deployment by the Secretary to respond to urgent or emergency public health care needs; (2) establish appropriate procedures for the command and control of units or individual members of the Corps that are deployed at the direction of the President or the Secretary in response to an urgent or emergency public health care need of national, State or local significance; (3) ensure that members of the Corps are trained, equipped and otherwise prepared to fulfill their public health and emergency response roles; and (4) ensure that deployment planning takes into account - (A) any deployment exemptions that may be granted by the Secretary based on the unique requirements of an agency and an individual's functional role in such agency; and (B) the nature of the urgent or emergency public health care need. (c) Deployment of detailed or assigned officers For purposes of pay, allowances, and benefits of a Commissioned Corps officer who is detailed or assigned to a Federal entity, the deployment of such officer by the Secretary in response to an urgent or emergency public health care need shall be deemed to be an authorized activity of the Federal entity to which the officer is detailed or assigned. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 203A, as added Pub. L. 109- 417, title II, Sec. 206(b), Dec. 19, 2006, 120 Stat. 2851.) -REFTEXT- REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (a)(5)(A), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is classified principally to chapter 34 (Sec. 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(5)(B), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (Sec. 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. -MISC1- PURPOSE Pub. L. 109-417, title II, Sec. 206(a), Dec. 19, 2006, 120 Stat. 2851, provided that: "It is the purpose of this section [enacting this section and amending sections 215 and 254d of this title] to improve the force management and readiness of the Commissioned Corps to accomplish the following objectives: "(1) To ensure the Corps is ready to respond rapidly to urgent or emergency public health care needs and challenges. "(2) To ensure the availability of the Corps for assignments that address clinical and public health needs in isolated, hardship, and hazardous duty positions, and, when required, to address needs related to the well-being, security, and defense of the United States. "(3) To establish the Corps as a resource available to Federal and State Government agencies for assistance in meeting public health leadership and service roles." -End- -CITE- 42 USC Sec. 205 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 205. Appointment and tenure of office of Surgeon General; reversion in rank -STATUTE- The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular or Reserve Corps that he would have occupied had he not served as Surgeon General. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 204, 58 Stat. 684; Pub. L. 97-25, title III, Sec. 303(a), July 27, 1981, 95 Stat. 145; Pub. L. 97-35, title XXVII, Sec. 2765(b), Aug. 13, 1981, 95 Stat. 932.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-35 inserted reference to Reserve Corps and substituted provisions relating to appointment of an individual from the Regular Corps and with specialized training and significant experience, for provisions relating to appointment of an individual sixty-four years of age or older. Pub. L. 97-25 inserted provision that the President may appoint to office of Surgeon General an individual who is sixty-four years of age or older. -TRANS- TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -End- -CITE- 42 USC Sec. 206 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 206. Assignment of officers -STATUTE- (a) Deputy Surgeon General The Surgeon General shall assign one commissioned officer from the Regular Corps to administer the Office of the Surgeon General, to act as Surgeon General during the absence or disability of the Surgeon General or in the event of a vacancy in that office, and to perform such other duties as the Surgeon General may prescribe, and while so assigned he shall have the title of Deputy Surgeon General. (b) Assistant Surgeons General The Surgeon General shall assign eight commissioned officers from the Regular Corps to be, respectively, the Director of the National Institutes of Health, the Chief of the Bureau of State Services, the Chief of the Bureau of Medical Services, the Chief Medical Officer of the United States Coast Guard, the Chief Dental Officer of the Service, the Chief Nurse Officer of the Service, the Chief Pharmacist Officer of the Service, and the Chief Sanitary Engineering Officer of the Service, and while so serving they shall each have the title of Assistant Surgeon General. (c) Creation of temporary positions as Assistant Surgeons General (1) The Surgeon General, with the approval of the Secretary, is authorized to create special temporary positions in the grade of Assistant Surgeons General when necessary for the proper staffing of the Service. The Surgeon General may assign officers of either the Regular Corps or the Reserve Corps to any such temporary position, and while so serving they shall each have the title of Assistant Surgeon General. (2) Except as provided in this paragraph, the number of special temporary positions created by the Surgeon General under paragraph (1) shall not on any day exceed 1 per centum of the highest number, during the ninety days preceding such day, of officers of the Regular Corps on active duty and officers of the Reserve Corps on active duty for more than thirty days. If on any day the number of such special temporary positions exceeds such 1 per centum limitation, for a period of not more than one year after such day, the number of such special temporary positions shall be reduced for purposes of complying with such 1 per centum limitation only by the resignation, retirement, death, or transfer to a position of a lower grade, of any officer holding any such temporary position. (d) Designation of Assistant Surgeon General with respect to absence, disability, or vacancy in offices of Surgeon General and Deputy Surgeon General The Surgeon General shall designate the Assistant Surgeon General who shall serve as Surgeon General in case of absence or disability, or vacancy in the offices, of both the Surgeon General and the Deputy Surgeon General. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 205, 58 Stat. 684; Feb. 28, 1948, ch. 83, Sec. 3, 62 Stat. 39; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III, Secs. 302(b), 303, Sept. 29, 1979, 93 Stat. 584.) -MISC1- AMENDMENTS 1979 - Subsec. (b). Pub. L. 96-76, Sec. 302(b), inserted provisions relating to assignment of Chief Nurse Officer and Chief Pharmacist Officer, and substituted "eight" for "six". Subsec. (c). Pub. L. 96-76, Sec. 303, designated existing provisions as par. (1), struck out provisions relating to maximum number of special temporary positions, and added par. (2). 1948 - Subsec. (b). Act June 16, 1948, substituted "National Institutes of Health" for "National Institute of Health". Subsecs. (c), (d). Act Feb. 28, 1948, added subsec. (c) and redesignated former subsec. (c) as (d). EFFECTIVE DATE OF 1979 AMENDMENT Section 314 of Pub. L. 96-76 provided that: "The amendments made by sections 303, 304, 305, 306, 307, and 313 [amending this section, sections 207, 209, 210b, and 211 of this title, and sections 201, 415, and 1006 of Title 37, Pay and Allowances of the Uniformed Services] shall take effect on October 1, 1979." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Office of Surgeon General, together with office held by Deputy Surgeon General, Bureau of Medical Services, including office of Chief of Bureau of Medical Services, Bureau of State Services, including office of Chief of Bureau of State Services, and National Institutes of Health, including office of Director of National Institutes of Health, abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare, by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -End- -CITE- 42 USC Sec. 207 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 207. Grades, ranks, and titles of commissioned corps -STATUTE- (a) Grades of commissioned officers The Surgeon General, during the period of his appointment as such, shall be of the same grade as the Surgeon General of the Army; the Deputy Surgeon General and the Chief Medical Officer of the United States Coast Guard, while assigned as such, shall have the grade corresponding with the grade of major general; and the Chief Dental Officer, while assigned as such, shall have the grade as is prescribed by law for the officer of the Dental Corps selected and appointed as Assistant Surgeon General of the Army. During the period of appointment to the position of Assistant Secretary for Health, a commissioned officer of the Public Health Service shall have the grade corresponding to the grade of General of the Army. Assistant Surgeons General, while assigned as such, shall have the grade corresponding with either the grade of brigadier general or the grade of major general, as may be determined by the Secretary after considering the importance of the duties to be performed: Provided, That the number of Assistant Surgeons General having a grade higher than that corresponding to the grade of brigadier general shall at no time exceed one-half of the number of positions created by subsection (b) of section 206 of this title or pursuant to subsection (c) of section 206 of this title. The grades of commissioned officers of the Service shall correspond with grades of officers of the Army as follows: (1) Officers of the director grade - colonel; (2) Officers of the senior grade - lieutenant colonel; (3) Officers of the full grade - major; (4) Officers of the senior assistant grade - captain; (5) Officers of the assistant grade - first lieutenant; (6) Officers of the junior assistant grade - second lieutenant; (7) Chief warrant officers of (W-4) grade - chief warrant officer (W-4); (8) Chief warrant officers of (W-3) grade - chief warrant officer (W-3); (9) Chief warrant officers of (W-2) grade - chief warrant officer (W-2); and (10) Warrant officers of (W-1) grade - warrant officer (W-1). (b) Titles of medical officers The titles of medical officers of the foregoing grades shall be respectively (1) medical director, (2) senior surgeon, (3) surgeon, (4) senior assistant surgeon, (5) assistant surgeon, and (6) junior assistant surgeon. The President is authorized to prescribe titles, appropriate to the several grades, for commissioned officers of the Service other than medical officers. All titles of the officers of the Reserve Corps shall have the suffix "Reserve". (c) Repealed. Pub. L. 96-76, title III, Sec. 304(b), Sept. 29, 1979, 93 Stat. 584 (d) Maximum number in grade for each fiscal year Within the total number of officers of the Regular Corps authorized by the appropriation Act or Acts for each fiscal year to be on active duty, the Secretary shall by regulation prescribe the maximum number of officers authorized to be in each of the grades from the warrant officer (W-1) grade to the director grade, inclusive. Such numbers shall be determined after considering the anticipated needs of the Service during the fiscal year, the funds available, the number of officers in each grade at the beginning of the fiscal year, and the anticipated appointments, the anticipated promotions based on years of service, and the anticipated retirements during the fiscal year. The number so determined for any grade for a fiscal year may not exceed the number limitation (if any) contained in the appropriation Act or Acts for such year. Such regulations for each fiscal year shall be prescribed as promptly as possible after the appropriation Act fixing the authorized strength of the corps for that year, and shall be subject to amendment only if such authorized strength or such number limitation is thereafter changed. The maxima established by such regulations shall not require (apart from action pursuant to other provisions of this chapter) any officer to be separated from the Service or reduced in grade. (e) Exception to grade limitations for officers assigned to Department of Defense In computing the maximum number of commissioned officers of the Public Health Service authorized by law to hold a grade which corresponds to the grade of brigadier general or major general, there may be excluded from such computation not more than three officers who hold such a grade so long as such officers are assigned to duty and are serving in a policymaking position in the Department of Defense. (f) Exception to maximum number limitations for officers assigned to Department of Defense In computing the maximum number of commissioned officers of the Public Health Service authorized by law or administrative determination to serve on active duty, there may be excluded from such computation officers who are assigned to duty in the Department of Defense. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 206, 58 Stat. 684; Feb. 28, 1948, ch. 83, Sec. 4, 62 Stat. 39; Oct. 31, 1951, ch. 653, 65 Stat. 700; July 17, 1952, ch. 931, 66 Stat. 758; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 87-649, Sec. 11(1), Sept. 7, 1962, 76 Stat. 497; Pub. L. 95-215, Sec. 8(b), Dec. 19, 1977, 91 Stat. 1507; Pub. L. 96-76, title III, Sec. 304, Sept. 29, 1979, 93 Stat. 584; Pub. L. 99-117, Sec. 9, Oct. 7, 1985, 99 Stat. 494; Pub. L. 101-93, Sec. 5(p), Aug. 16, 1989, 103 Stat. 614; Pub. L. 101-502, Sec. 5(k)(1), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 104-201, div. A, title V, Sec. 582, Sept. 23, 1996, 110 Stat. 2538.) -MISC1- AMENDMENTS 1996 - Subsec. (f). Pub. L. 104-201 added subsec. (f). 1990 - Subsec. (a). Pub. L. 101-502 inserted after first sentence "During the period of appointment to the position of Assistant Secretary for Health, a commissioned officer of the Public Health Service shall have the grade corresponding to the grade of General of the Army." 1989 - Subsec. (e). Pub. L. 101-93, which directed the substitution of "the Department of Defense" for "the office of Assistant Secretary of Defense for Health Affairs", was executed by making the substitution for "the office of the Assistant Secretary of Defense for Health Affairs" as the probable intent of Congress. 1985 - Subsec. (e). Pub. L. 99-117 added subsec. (e). 1979 - Subsec. (a). Pub. L. 96-76, Sec. 304(a), added pars. (7) to (10). Subsec. (c). Pub. L. 96-76, Sec. 304(b), struck out subsec. (c) setting forth the grade and pay and allowances as director for a commissioned officer below the grade of director assigned to serve as chief of a division. Subsec. (d). Pub. L. 96-76, Sec. 304(c), substituted "warrant officer (W-1)" for "junior assistant". 1977 - Subsec. (b)(6). Pub. L. 95-215 substituted "junior assistant" for "senior assistant". 1962 - Subsec. (a). Pub. L. 87-649 struck out provisions which related to pay and allowances. 1952 - Subsec. (a). Act July 17, 1952, provided that the Chief Medical Officer of the Coast Guard should have the grade, pay, and allowances of a major general. 1951 - Subsec. (a). Act Oct. 31, 1951, provided equality of grade, pay, and allowances between the Chief Dental Officer and the comparable officer in the Army. 1948 - Subsec. (a). Act Feb. 28, 1948, increased grade of Deputy Surgeon General from brigadier general to major general and increased grade of certain Assistant Surgeons General from brigadier general to major general as the Federal Security Administrator might determine. Subsecs. (c), (d). Act Feb. 28, 1948, added subsecs. (c) and (d). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-502 effective Dec. 1, 1990, see section 5(k)(3) of Pub. L. 101-502, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76, set out as a note under section 206 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Office of Surgeon General, together with office held by Deputy Surgeon General, abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -End- -CITE- 42 USC Sec. 208 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 208. Repealed. -MISC1- Sec. 208. Repealed. Feb. 28, 1948, ch. 83, Sec. 5(a), 62 Stat. 40. Section, act July 1, 1944, ch. 373, title II, Sec. 207, 58 Stat. 685, related to establishment of special temporary provisions. See sections 206(c) and 207(c) of this title. -End- -CITE- 42 USC Sec. 209 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 209. Appointment of personnel -STATUTE- (a) Original appointments to Regular and Reserve Corps; limitation on appointment and call to active duty (1) Except as provided in subsections (b) and (e) of this section, original appointments to the Regular Corps may be made only in the warrant officer (W-1), chief warrant officer (W-2), chief warrant officer (W-3), chief warrant officer (W-4), junior assistant, assistant, and senior assistant grades and original appointments to a grade above junior assistant shall be made only after passage of an examination, given in accordance with regulations of the President, in one or more of the several branches of medicine, dentistry, hygiene, sanitary engineering, pharmacy, psychology, nursing, or related scientific specialties in the field of public health. (2) Original appointments to the Reserve Corps may be made to any grade up to and including the director grade but only after passage of an examination given in accordance with regulations of the President. Reserve commissions shall be for an indefinite period and may be terminated at any time, as the President may direct. (3) No individual who has attained the age of forty-four shall be appointed to the Regular Corps, or called to active duty in the Reserve Corps for a period in excess of one year, unless (A) he has had a number of years of active service (as defined in section 212(d) of this title) equal to the number of years by which his age exceeds forty-four, or (B) the Surgeon General determines that he possesses exceptional qualifications, not readily available elsewhere in the Commissioned Corps of the Public Health Service, for the performance of special duties with the Service, or (C) in the case of an officer of the Reserve Corps, the Commissioned Corps of the Service has been declared by the President to be a military service. (b) Grade and number of original appointments (1) Not more than 10 per centum of the original appointments to the Regular Corps authorized to be made during any fiscal year may be made to grades above that of senior assistant, but no such appointment (other than an appointment under section 205 of this title) may be made to a grade above that of director. For the purpose of this subsection the number of original appointments authorized to be made during a fiscal year shall be (1) the excess of the number of officers of the Regular Corps authorized by the appropriation Act or Acts for such year over the number of officers on active duty in the Regular Corps on the first day of such year, plus (2) the number of such officers of the Regular Corps who, during such fiscal year, have been or will be retired upon attainment of age sixty-four or have for any other reason ceased to be on active duty. In determining the number of appointments authorized by this subsection an appointment shall be deemed to be made in the fiscal year in which the nomination is transmitted by the President to the Senate. (2) In addition to the number of original appointments to the Regular Corps authorized by paragraph (1) to be made to grades above that of senior assistant, original appointments authorized to be made to the Regular Corps in any year may be made to grades above that of senior assistant, but not above that of director, in the case of any individual who - (A)(i) was on active duty in the Reserve Corps on July 1, 1960, (ii) was on such active duty continuously for not less than one year immediately prior to such date, and (iii) applies for appointment to the Regular Corps prior to July 1, 1962; or (B) does not come within clause (A)(i) and (ii) but was on active duty in the Reserve Corps continuously for not less than one year immediately prior to his appointment to the Regular Corps and has not served on active duty continuously for a period, occurring after June 30, 1960, of more than three and one- half years prior to applying for such appointment. (3) No person shall be appointed pursuant to this subsection unless he meets standards established in accordance with regulations of the President. (c) Issuance of commissions Commissions evidencing the appointment by the President of officers of the Regular or Reserve Corps shall be issued by the Secretary under the seal of the Department of Health and Human Services. (d) Date of appointment; credit for service (1) For purposes of basic pay and for purposes of promotion, any person appointed under subsection (a) of this section to the grade of senior assistant in the Regular Corps, and any person appointed under subsection (b) of this section, shall, except as provided in paragraphs (2) and (3) of this subsection, be considered as having had on the date of appointment the following length of service: Three years if appointed to the senior assistant grade, ten years if appointed to the full grade, seventeen years if appointed to the senior grade, and eighteen years if appointed to the director grade. (2) For purposes of basic pay, any person appointed under subsection (a) of this section to the grade of senior assistant in the Regular Corps, and any person appointed under subsection (b) of this section, shall, in lieu of the credit provided in paragraph (1) of this subsection, be credited with the service for which he is entitled to credit under any other provision of law if such service exceeds that to which he would be entitled under such paragraph. (3) For purposes of promotion, any person originally appointed in the Regular Corps to the senior assistant grade or above who has had active service in the Reserve Corps shall be considered as having had on the date of appointment the length of service provided for in paragraph (1) of this subsection, plus whichever of the following is greater: (A) The excess of his total active service in the Reserve Corps (above the grade of junior assistant) over the length of service provided in such paragraph, to the extent that such excess is on account of service in the Reserve Corps in or above the grade to which he is appointed in the Regular Corps or (B) his active service in the same or any higher grade in the Reserve Corps after the first day on which, under regulations in effect on the date of his appointment to the Regular Corps, he would have had the training and experience necessary for such appointment. (4) For purposes of promotion, any person whose original appointment is to the assistant grade in the Regular Corps shall be considered as having had on the date of appointment service equal to his total active service in the Reserve Corps in and above the assistant grade. (e) Reappointment; credit for service (1) A former officer of the Regular Corps may, if application for appointment is made within two years after the date of the termination of his prior commission in the Regular Corps, be reappointed to the Regular Corps without examination, except as the Surgeon General may otherwise prescribe, and without regard to the numerical limitations of subsection (b) of this section. (2) Reappointments pursuant to this subsection may be made to the permanent grade held by the former officer at the time of the termination of his prior commission, or to the next higher grade if such officer meets the eligibility requirements prescribed by regulation for original appointment to such higher grade. For purposes of pay, promotion, and seniority in grade, such reappointed officer shall receive the credits for service to which he would be entitled if such appointment were an original appointment, but in no event less than the credits he held at the time his prior commission was terminated, except that if such officer is reappointed to the next higher grade he shall receive no credit for seniority in grade. (3) No former officer shall be reappointed pursuant to this subsection unless he shall meet such standards as the Secretary may prescribe. (f) Special consultants In accordance with regulations, special consultants may be employed to assist and advise in the operations of the Service. Such consultants may be appointed without regard to the civil- service laws. (g) Designation for fellowships; duties; pay In accordance with regulations, individual scientists, other than commissioned officers of the Service, may be designated by the Surgeon General to receive fellowships, appointed for duty with the Service without regard to the civil-service laws, may hold their fellowships under conditions prescribed therein, and may be assigned for studies or investigations either in this country or abroad during the terms of their fellowships. (h) Aliens Persons who are not citizens may be employed as consultants pursuant to subsection (f) of this section and may be appointed to fellowships pursuant to subsection (g) of this section. Unless otherwise specifically provided, any prohibition in any other Act against the employment of aliens, or against the payment of compensation to them, shall not be applicable in the case of persons employed or appointed pursuant to such subsections. (i) Civil service appointments by Secretary The appointment of any officer or employee of the Service made in accordance with the civil-service laws shall be made by the Secretary, and may be made effective as of the date on which such officer or employee enters upon duty. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 207, formerly Sec. 208, 58 Stat. 685; July 3, 1946, ch. 538, Sec. 4, 60 Stat. 421; Aug. 13, 1946, ch. 958, Sec. 3, 60 Stat. 1049; renumbered Sec. 207 and amended Feb. 28, 1948, ch. 83, Sec. 5(a)-(d), 62 Stat. 40; Oct. 12, 1949, ch. 681, title V, Sec. 521(a), 63 Stat. 834; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, Sec. 3(a)-(c)(1), 70 Stat. 116; Pub. L. 86- 415, Secs. 2, 3, Apr. 8, 1960, 74 Stat. 32; Pub. L. 96-76, title III, Sec. 305, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-35, title XXVII, Sec. 2765(c), Aug. 13, 1981, 95 Stat. 933; Pub. L. 97-414, Sec. 8(a), Jan. 4, 1983, 96 Stat. 2060.) -COD- CODIFICATION In subsec. (f), the words "and their compensation may be fixed without regard to the Classification Act of 1923, as amended", and in subsec. (g), the words "and compensated without regard to the Classification Act of 1923, as amended" were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exceptions contained in subsecs. (f) and (g) because of section 1106(b) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (of which section 1 revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. In subsec. (h), the references to subsections (f) and (g) of this section were, in the original, references to subsections (e) and (f) and were changed to reflect the probable intent of Congress. -MISC1- PRIOR PROVISIONS A prior section 207 of act July 1, 1944, was classified to section 208 of this title, prior to repeal by act Feb. 28, 1948, ch. 83, Sec. 5(a), 62 Stat. 40. AMENDMENTS 1983 - Subsec. (a)(1). Pub. L. 97-414 inserted "psychology," after "pharmacy,". 1981 - Subsec. (b)(1). Pub. L. 97-35 inserted provisions relating to exception for an appointment under section 205 of this title. 1979 - Subsec. (a)(1). Pub. L. 96-76 inserted applicability to warrant officers and chief warrant officers. 1960 - Subsec. (a)(3). Pub. L. 86-415, Sec. 2, added par. (3). Subsec. (b). Pub. L. 86-415, Sec. 3, designated first, second and third sentences as par. (1), fourth sentence as par. (3), and added par. (2). 1956 - Subsec. (a)(1). Act Apr. 27, 1956, Sec. 3(a), inserted reference to subsection (e) of this section. Subsec. (a)(2). Act Apr. 27, 1956, Sec. 3(c)(1), substituted "an indefinite period" for "a period of not more than five years". Subsecs. (e) to (i). Act Apr. 27, 1956, Sec. 3(b), added subsec. (e) and redesignated former subsecs. (e) to (h) as (f) to (i), respectively. 1949 - Subsec. (d). Act Oct. 12, 1949, substituted "base pay" for "pay and pay period" wherever appearing. 1948 - Subsec. (a)(1). Act Feb. 28, 1948, struck out "surgery" after "several branches of medicine". Subsec. (a)(2). Act Feb. 28, 1948, struck out "any such commission" before "may be terminated", and "in his discretion" after "at any time". Subsec. (b). Act Feb. 28, 1948, provided for grade and number of original appointments. Subsecs. (c) to (f). Act Feb. 28, 1948, added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively. Former subsecs. (e) and (f) redesignated (g) and (h). Subsec. (g). Act Feb. 28, 1948, redesignated former subsec. (e) as (g) and changed reference in text from "subsection (c) of this section" to "subsection (e) of this section", and "subsection (d) of this section" to "subsection (g) of this section". Subsec. (h). Act Feb. 28, 1948, redesignated former subsec. (f) as (h). 1946 - Subsec. (b). Act July 3, 1946, authorized appointment of additional officers to grades above that of senior assistant but not above that of director, and limits the number so appointed to 20. Subsec. (b)(2). Act Aug. 13, 1946, inserted "(A)" before "to assist", substituted "clause" for "paragraphs", and inserted cl. (B). EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76, set out as a note under section 206 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Section 8(a) of Pub. L. 86-415 provided that: "The amendments made by sections 2 and 5(b) [amending this section and section 210 of this title] shall become effective July 1, 1960." EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC2- PERSONAL SERVICES CONTRACTING Pub. L. 109-149, title II, Sec. 216, Dec. 30, 2005, 119 Stat. 2861, provided that: "The Division of Federal Occupational Health hereafter may utilize personal services contracting to employ professional management/administrative and occupational health professionals." SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 108-447, div. F, title II, Sec. 216, Dec. 8, 2004, 118 Stat. 3141. Pub. L. 108-199, div. E, title II, Sec. 216, Jan. 23, 2004, 118 Stat. 255. Pub. L. 108-7, div. G, title II, Sec. 216, Feb. 20, 2003, 117 Stat. 325. Pub. L. 107-116, title II, Sec. 216, Jan. 10, 2002, 115 Stat. 2201. Pub. L. 106-554, Sec. 1(a)(1) [title II], Dec. 21, 2000, 114 Stat. 2763, 2763A-13. Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A-225. Pub. L. 105-277, div. A, Sec. 101(f) [title II], Oct. 21, 1998, 112 Stat. 2681-337, 2681-347. Pub. L. 105-78, title II, Nov. 13, 1997, 111 Stat. 1477. Pub. L. 104-208, div. A, title I, Sec. 101(e) [title II], Sept. 30, 1996, 110 Stat. 3009-233, 3009-242. Pub. L. 104-134, title I, Sec. 101(d) [title II], Apr. 26, 1996, 110 Stat. 1321-211, 1321-221; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. TERM OF RESERVE COMMISSIONS IN EFFECT ON APRIL 27, 1956 Act Apr. 27, 1956, ch. 211, Sec. 3(c)(2), 70 Stat. 117, provided that: "The enactment of paragraph (1) of this subsection [amending 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." -End- -CITE- 42 USC Secs. 209a, 209b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Secs. 209a, 209b. Omitted -COD- CODIFICATION Section 209a, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 856, which related to number of regular commissioned nurses to be appointed, their grades, and their length of service for purposes of pay and pay periods, was not repeated in subsequent appropriation acts. Section 209b, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 857, which authorized appointment of fifty additional regular commissioned officers of which twenty-four were to be in grades above that of senior assistant, was not repeated in subsequent appropriation acts. -End- -CITE- 42 USC Sec. 209c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 209c. Repealed. -MISC1- Sec. 209c. Repealed. Pub. L. 87-649, Sec. 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. -End- -CITE- 42 USC Sec. 209d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 209d. Appointment of osteopaths as commissioned officers -STATUTE- Graduates of colleges of osteopathy whose graduates are eligible for licensure to practice medicine or osteopathy in a majority of the States of the United States, or approved by a body or bodies acceptable to the Secretary, shall be eligible, subject to the other provisions of this Act, for appointment as commissioned medical officers in the Public Health Service. -SOURCE- (Feb. 28, 1948, ch. 83, Sec. 5(b), 62 Stat. 40; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Feb. 28, 1948, ch. 83, 62 Stat. 38. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was not enacted as a part of the Public Health Service Act which comprises this chapter. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -End- -CITE- 42 USC Sec. 210 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 210. Pay and allowances -STATUTE- (a) Commissioned officers of Regular and Reserve Corps; special pay for active duty; incentive special pay for Public Health Service nurses (1) Commissioned officers of the Regular and Reserve Corps shall be entitled to receive such pay and allowances as are now or may hereafter be authorized by law. (2) For provisions relating to the receipt of special pay by commissioned officers of the Regular and Reserve Corps while on active duty, see section 303a(b) of title 37. (b) Purchase of supplies Commissioned officers on active duty and retired officers entitled to retired pay pursuant to section 211(g)(3), 212, or 213a(a) of this title, shall be permitted to purchase supplies from the Army, Navy, Air Force, and Marine Corps at the same price as is charged officers thereof. (c) Members of national advisory or review councils or committees Members of the National Advisory Health Council and members of other national advisory or review councils or committees established under this chapter, including members of the Technical Electronic Product Radiation Safety Standards Committee and the Board of Regents of the National Library of Medicine, but excluding ex officio members, while attending conferences or meetings of their respective councils or committees or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at rates to be fixed by the Secretary, but at rates not exceeding the daily equivalent of the rate specified at the time of such service for grade GS-18 of the General Schedule, including traveltime; and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service employed intermittently. (d) Field employees Field employees of the Service, except those employed on a per diem or fee basis, who render part-time duty and are also subject to call at any time for services not contemplated in their regular part-time employment, may be paid annual compensation for such part- time duty and, in addition, such fees for such other services as the Surgeon General may determine; but in no case shall the total paid to any such employee for any fiscal year exceed the amount of the minimum annual salary rate of the classification grade of the employee. (e) Additional pay for service at Gillis W. Long Hansen's Disease Center Any civilian employee of the Service who is employed at the Gillis W. Long Hansen's Disease Center on April 7, 1986, shall be entitled to receive, in addition to any compensation to which the employee may otherwise be entitled and for so long as the employee remains employed at the Center, an amount equal to one-fourth of such compensation. (f) Allowances included in fellowships Individuals appointed under section 209(g) of this title shall have included in their fellowships such stipends or allowances, including travel and subsistence expenses, as the Surgeon General may deem necessary to procure qualified fellows. (g) Positions in professional, scientific and executive service; compensation; appointment The Secretary is authorized to establish and fix the compensation for, within the Public Health Service, not more than one hundred and seventy-nine positions, of which not less than one hundred and fifteen shall be for the National Institutes of Health, not less than five shall be for the National Institute on Alcohol Abuse and Alcoholism for individuals engaged in research on alcohol abuse and alcoholism, not less than ten shall be for the National Center for Health Services Research, not less than twelve shall be for the National Center for Health Statistics, and not less than seven shall be for the National Center for Health Care Technology, in the professional, scientific, and executive service, each such position being established to effectuate those research and development activities of the Public Health Service which require the services of specially qualified scientific, professional and administrative personnel: Provided, That the rates of compensation for positions established pursuant to the provisions of this subsection shall not be less than the minimum rate of grade 16 of the General Schedule nor more than (1) the highest rate of grade 18 of the General Schedule, or (2) in the case of two such positions, the rate specified, at the time the service in the position is performed, for level II of the Executive Schedule (5 U.S.C. 5313); and such rates of compensation for all positions included in this proviso shall be subject to the approval of the Director of the Office of Personnel Management. Positions created pursuant to this subsection shall be included in the classified civil service of the United States, but appointments to such positions shall be made without competitive examination upon approval of the proposed appointee's qualifications by the Director of the Office of Personnel Management or such officers or agents as it may designate for this purpose. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 208, formerly Sec. 209, 58 Stat. 686; July 3, 1946, ch. 538, Sec. 5(a), 60 Stat. 422; renumbered Sec. 208 and amended Feb. 28, 1948, ch. 83, Sec. 5(a), (g), (h), 62 Stat. 40; June 16, 1948, ch. 481, Sec. 4(d), 62 Stat. 467; June 24, 1948, ch. 621, Sec. 4(d), 62 Stat. 601; Oct. 12, 1949, ch. 681, title V, Sec. 521(b), 63 Stat. 834; Aug. 9, 1950, ch. 654, Sec. 1, 64 Stat. 426; Aug. 15, 1950, ch. 714, Secs. 3(e), 4(b), 64 Stat. 447; 1953 Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1955, ch. 437, title II, Sec. 201, 69 Stat. 407; June 29, 1956, ch. 477, title II, Sec. 201, 70 Stat. 430; July 31, 1956, ch. 804, title I, Sec. 117(b), 70 Stat. 741; Pub. L. 85-462, Sec. 12(e), June 20, 1958, 72 Stat. 214; Pub. L. 85-929, Sec. 9, Sept. 6, 1958, 72 Stat. 1789; Pub. L. 86- 415, Sec. 5(b), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-703, title II, Sec. 201, Sept. 2, 1960, 74 Stat. 764; Pub. L. 87-649, Secs. 11(3), 14b, Sept. 7, 1962, 76 Stat. 497, 499; Pub. L. 87-793, Sec. 1001(d), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 90-574, title V, Sec. 501, Oct. 15, 1968, 82 Stat. 1012; Pub. L. 91-515, title VI, Sec. 601(b)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 92-157, title III, Sec. 301(a), Nov. 18, 1971, 85 Stat. 463; Pub. L. 95-83, title III, Sec. 312, Aug. 1, 1977, 91 Stat. 398; Pub. L. 95-623, Sec. 11(a), Nov. 9, 1978, 92 Stat. 3455; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96- 32, Sec. 7(g), July 10, 1979, 93 Stat. 84; Pub. L. 96-398, title VIII, Sec. 805, Oct. 7, 1980, 94 Stat. 1608; Pub. L. 99-117, Sec. 3(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 99-272, title XVII, Sec. 17002(a)(1), (b), Apr. 7, 1986, 100 Stat. 359; Pub. L. 100-607, title VII, Sec. 706, Nov. 4, 1988, 102 Stat. 3159; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 634(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-159.) -REFTEXT- REFERENCES IN TEXT Classified civil service, referred to in subsec. (g), as meaning "competitive service", see section 2102(c) of Title 5, Government Organization and Employees. -MISC1- PRIOR PROVISIONS A prior section 208 of act July 1, 1944, was renumbered section 207 and is classified to section 209 of this title. AMENDMENTS 2000 - Subsec. (a)(2). Pub. L. 106-398 added par. (2) and struck out former par. (2) which read as follows: "(2)(A) Except as provided in subparagraph (B), commissioned medical and dental officers in the Regular and Reserve Corps shall while on active duty be paid special pay in the same amounts as, and under the same terms and conditions which apply to, the special pay now or hereafter paid to commissioned medical and dental officers of the Armed Forces under chapter 5 of title 37. "(B) A commissioned medical officer in the Regular or Reserve Corps (other than an officer serving in the Indian Health Service) may not receive additional special pay under section 302(a)(4) of title 37 for any period during which the officer is providing obligated service under (i) section 254m of this title, (ii) section 234(e) of this title (as such section was in effect prior to October 1, 1977), or (iii) section 294u of this title (as such section was in effect between October 1, 1977, and August 13, 1981)." Subsec. (a)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 634(b)(1)], struck out par. (3) which read as follows: "Commissioned nurse officers in the Regular and Reserve Corps shall, while in active duty, be paid incentive special pay in the same amounts as, and under the same terms and conditions which apply to, the incentive special pay now or hereafter paid to commissioned nurse officers of the Armed Forces under chapter 5 of title 37." 1988 - Subsec. (a)(3). Pub. L. 100-607 added par. (3). 1986 - Subsec. (a)(2)(B). Pub. L. 99-272, Sec. 17002(a)(1), inserted "(other than an officer serving in the Indian Health Service)". Subsec. (e). Pub. L. 99-272, Sec. 17002(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Whenever any noncommissioned officer or other employee of the Service is assigned for duty which the Surgeon General finds requires intimate contact with persons afflicted with leprosy, he may be entitled to receive, as provided by regulations of the President, in addition to any pay or compensation to which he may otherwise be entitled, not more than one-half of such pay or compensation." 1985 - Subsec. (a)(2). Pub. L. 99-117 substituted "(A) Except as provided in subparagraph (B), commissioned" for "Commissioned", and added subpar. (B). 1980 - Subsec. (a). Pub. L. 96-398 redesignated existing provisions as par. (1) and added par. (2). 1979 - Subsec. (c). Pub. L. 96-32 substituted "section 5703 of title 5" for "section 5703(b) of title 5". 1978 - Subsec. (g). Pub. L. 95-623 increased limitation on establishment of positions to one hundred and seventy-nine from one hundred and fifty-five and required minimum number of positions for certain National Centers: ten, National Center for Health Services Research; twelve, National Center for Health Statistics; and seven, National Center for Health Care Technology. 1977 - Subsec. (g). Pub. L. 95-83 increased limitation on establishment of positions to one hundred and fifty-five from one hundred and fifty and required not less than five for the National Institute on Alcohol Abuse and Alcoholism for individuals engaged in research on alcohol abuse and alcoholism. 1971 - Subsec. (f). Pub. L. 92-157, which directed that "subsection (g)" be substituted for "section 209(f)", was executed by substituting "section 209(g) of this title" for "section 209(f) of this title", to reflect the probable intent of Congress. 1970 - Subsec. (c). Pub. L. 91-515 extended coverage to encompass members of other national review councils or national advisory or review committees established under this chapter, including members of the Technical Electronic Product Radiation Safety Standards Committee and the Board of Regents of the National Library of Medicine, authorized service to be at the request of the Secretary in place of the Surgeon General, and revised rates of compensation and travel allowances. 1968 - Subsec. (g). Pub. L. 90-574 inserted "(1)" after "nor more than" and added cl. (2). 1962 - Subsec. (b). Pub. L. 87-649 struck out sentence which permitted commissioned officers on active duty to make allotments from their pay, and substituted "Commissioned officers on active duty and retired officers" for "Such officers, and retired officers." See section 704 of Title 37, Pay and Allowances of the Uniformed Services. Subsec. (g). Pub. L. 87-793 substituted provisions requiring the rates of compensation to be not less than the minimum rate of grade 16 nor more than the highest rate of grade 18 of the General Schedule, for provisions which prescribed annual rates of compensation of not less than $12,500 nor more than $19,000. 1960 - Subsec. (b). Pub. L. 86-415 authorized retired officers entitled to retired pay pursuant to section 211(g)(3), 212, or 213a(a) of this title, to purchase supplies, and included the purchase of supplies from the Air Force. Subsec. (g). Pub. L. 86-703 substituted "one hundred and fifty" for "eighty-five" and "one hundred and fifteen" for "seventy- three". 1958 - Subsec. (g). Pub. L. 85-929 substituted "in the professional, scientific, and executive service" for "in the professional and scientific service", and substituted "of specially qualified scientific, professional, and administrative personnel" for "of specially qualified scientific or professional personnel". Pub. L. 85-462, substituted "eighty-five positions, of which not less than seventy-three shall be for the National Institutes of Health" for "sixty positions". 1956 - Subsec. (g). Act June 29, 1956, substituted "$20,000" for "$15,000". 1955 - Subsec. (g). Act Aug. 1, 1955, increased from thirty to sixty the number of positions which the Administrator may establish in the professional and scientific service. 1950 - Subsec. (b). Act Aug. 9, 1950, struck out "and may be granted leaves of absence without any deduction from their pay" after "allotments from their pay" in first sentence. Subsec. (c). Act Aug. 15, 1950, Sec. 3(e), made provisions applicable to members of all national advisory councils. Subsec. (g). Act Aug. 15, 1950, Sec. 4(b), added subsec. (g). 1949 - Subsec. (a). Act Oct. 12, 1949, made section applicable to Reserve officers. Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b) and repealed former subsec. (b) relating to Reserve officers. Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (e) as (c). Former subsec. (c) redesignated (b). Subsec. (d). Act Oct. 12, 1949, redesignated subsec. (f) as (d) and repealed former subsec. (d) relating to female commissioned officers and defining "dependent". Subsec. (e). Act Oct. 12, 1949, redesignated subsec. (g) as (e) and struck out references to allowances. Former subsec. (e) redesignated (c). Subsec. (f). Act Oct. 12, 1949, redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d). Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsecs. (g) and (h) as (e) and (f), respectively. 1948 - Subsec. (b). Act Feb. 28, 1948, inserted "except as otherwise provided by law". Subsec. (e). Acts June 16, 1948, Sec. 4(d), and June 24, 1948, Sec. 4(d), made section applicable to the National Advisory Heart Council and increased the per diem of all members from $25 to $50, and made section applicable to the National Advisory Dental Research Council, respectively. Subsec. (h). Act Feb. 28, 1948, substituted "section 209(f) of this title" for "section 209(d) of this title". 1946 - Subsec. (e). Act July 3, 1946, inserted "members of the National Advisory Mental Health Council". -CHANGE- CHANGE OF NAME Reference to the Gillis W. Long Hansen's Disease Center deemed to refer to the National Hansen's Disease Programs Center, pursuant to section 2 of Pub. L. 107-220, set out as a note under section 247e of this title. -MISC2- EFFECTIVE DATE OF 1986 AMENDMENT Section 17002(a)(2) of Pub. L. 99-272 provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as of October 7, 1985." EFFECTIVE DATE OF 1985 AMENDMENT Section 3(b) of Pub. L. 99-117 provided that: "The amendment made by subsection (a) [amending this section] shall not diminish any benefits under an agreement entered into before the date of enactment of this Act [Oct. 7, 1985] by a commissioned medical officer in the Regular Corps or the Reserve Corps of the Public Health Service." EFFECTIVE DATE OF 1962 AMENDMENTS Amendment by Pub. L. 87-793 effective first day of first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87-793. Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-415 effective July 1, 1960, see section 8(a) of Pub. L. 86-415, set out as a note under section 209 of this title. EFFECTIVE DATE OF 1958 AMENDMENTS Amendment by Pub. L. 85-929 effective Sept. 6, 1958, see section 6(a) of Pub. L. 85-929, set out as a note under section 342 of Title 21, Food and Drugs. Amendment by Pub. L. 85-462 effective June 20, 1958, see section 17(b) of Pub. L. 85-462. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 31, 1956, effective at beginning of first pay period commencing after June 30, 1956, see section 120 of act July 31, 1956. EFFECTIVE DATE OF 1950 AMENDMENT Section 3(a) of act Aug. 9, 1950, provided that: "Sections 1 and 2 of this Act [amending this section and enacting section 210-1 of this title] shall become effective on July 1, 1950." EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. REPEALS Act July 31, 1956, ch. 804, title I, Sec. 117(b), 70 Stat. 741, cited as a credit to this section, which amended subsec. (g) of this section to increase the salary rates, was repealed by Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422. -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management" substituted for "Civil Service Commission" in subsec. (g) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC3- TERMINATION OF ADVISORY COMMITTEES Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. MAXIMUM PAY AND ALLOWANCES FOR SPECIFIC FISCAL YEARS Pub. L. 100-436, title II, Sec. 208, Sept. 20, 1988, 102 Stat. 1699, provided in part that: "No funds appropriated for the fiscal year ending September 30, 1989, by this or any other Act, may be used to pay basic pay, special pays, basic allowances for subsistence and basic allowances for quarters of the commissioned corps of the Public Health Service described in section 204 of title 42, United States Code, at a level that exceeds 110 percent of the Executive Level I [5 U.S.C. 5312] annual rate of basic pay". Similar provisions were contained in the following prior appropriation acts: Pub. L. 100-202, Sec. 101(h) [title II, Sec. 208], Dec. 22, 1987, 101 Stat. 1329-256, 1329-274. Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 208], Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233, title II, Sec. 208], Oct. 30, 1986, 100 Stat. 3341-287. Pub. L. 99-178, title II, Sec. 208, Dec. 12, 1985, 99 Stat. 1119. Pub. L. 98-619, title II, Sec. 208, Nov. 8, 1984, 98 Stat. 3321. Pub. L. 98-139, title II, Sec. 208, Oct. 31, 1983, 97 Stat. 888. NURSES AND ALLIED HEALTH PROFESSIONALS Pub. L. 100-436, title II, Sec. 214, Sept. 20, 1988, 102 Stat. 1700, provided that: "Funds made available for fiscal year 1989 and hereafter to the National Institutes of Health shall be available for payment of nurses and allied health professionals using pay, schedule options, benefits, and other authorities as provided for the nurses of the Veterans' Administration under 38 U.S.C. chapter 73." -End- -CITE- 42 USC Sec. 210-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 210-1. Annual and sick leave -STATUTE- (a) Regulations In accordance with regulations of the President, commissioned officers of the Regular Corps and officers of the Reserve Corps on active duty may be granted annual leave and sick leave without any deductions from their pay and allowances: Provided, That such regulations shall not authorize annual leave to be accumulated in excess of sixty days. (b) Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499 (c) Repealed. Pub. L. 96-76, title III, Sec. 311, Sept. 29, 1979, 93 Stat. 586 (d) Definitions For purposes of this section the term "accumulated annual leave" means unused accrued annual leave carried forward from one leave year into a succeeding leave year, and the term "accrued annual leave" means the annual leave accruing to an officer during one leave year. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 219, as added Aug. 9, 1950, ch. 654, Sec. 2, 64 Stat. 426; amended Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499; Pub. L. 96-76, title III, Sec. 311, Sept. 29, 1979, 93 Stat. 586.) -STATAMEND- PARTIAL REPEAL OF SUBSECTION (D) Subsection (d) of this section was repealed by Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499, insofar as it was applicable to the last sentence of subsection (c) of this section which authorized a lump-sum payment to an officer credited with unused accumulated and accrued annual leave. See section 501 of Title 37, Pay and Allowances of the Uniformed Services. -MISC1- AMENDMENTS 1979 - Subsec. (c). Pub. L. 96-76, repealed subsec. (c) which set forth limitations on granting of annual leave under subsec. (a) of this section. 1962 - Subsec. (b). Pub. L. 87-649 repealed subsec. (b) which required forfeiture of all pay and allowances of an officer absent without leave. See section 503 of Title 37, Pay and Allowances of the Uniformed Services. Subsec. (c). Pub. L. 87-649 repealed last sentence which authorized a lump-sum payment for unused accumulated and accrued annual leave on date of separation, retirement, or release from active duty. See section 501 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE Section effective July 1, 1950, see section 3(a) of act Aug. 9, 1950, set out as an Effective Date of 1950 Amendment note under section 210 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, of Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC2- COMPENSATION FOR PRIOR ACCUMULATED AND ACCRUED LEAVE; LIMITATION; INAPPLICABLE TO OFFICERS ON TERMINAL LEAVE PRIOR TO JULY 1, 1950 Section 3(b), (c) of act Aug. 9, 1950, provided that any officer credited with more than sixty days of accumulated and accrued leave on June 30, 1949, be compensated for so much of such leave as exceeds sixty days, that such compensation be due and payable on July 1, 1950, and that the provisions of this Act not apply to any officer on terminal leave preceding separation, retirement, or release from active duty. AVAILABILITY OF FUNDS Section 4 of act Aug. 9, 1950, provided for the availability of funds for payment of compensation for prior accumulated and accrued leave for any officer under section 3 of this Act. LEAVE REGULATIONS Act Aug. 9, 1950, ch. 654, Sec. 5, 64 Stat. 427, provided that: "Except insofar as the provisions of this Act [enacting this section, amending section 210 of this title, and enacting provisions set out as notes under this section and section 210 of this title] are inconsistent therewith, leave regulations adopted prior to the enactment of this Act [Aug. 9, 1950], pursuant to the Public Health Service Act [this chapter], shall remain in effect until repealed, amended, or superseded." -End- -CITE- 42 USC Sec. 210a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 210a. Repealed. -MISC1- Sec. 210a. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499. Section, act Feb. 28, 1948, ch. 83, Sec. 5(e), (f), 62 Stat. 41, related to service credit for commissioned officers on active duty Feb. 28, 1948, and to service credit for pay and promotion purposes of certain appointees during period Feb. 28, 1948, to July 1, 1948. -End- -CITE- 42 USC Sec. 210b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 210b. Professional categories -STATUTE- (a) Division of corps; basis of categories For the purpose of establishing eligibility of officers of the Regular Corps for promotions, the Surgeon General shall by regulation divide the corps into professional categories. Each category shall, as far as practicable, be based upon one of the subjects of examination set forth in section 209(a)(1) of this title or upon a subdivision of such subject, and the categories shall be designed to group officers by fields of training in such manner that officers in any one grade in any one category will be available for similar duty in the discharge of the several functions of the Service. (b) Assignment of officers Each officer of the Regular Corps on active duty shall, on the basis of his training and experience, be assigned by the Surgeon General to one of the categories established by regulations under subsection (a) of this section. Except upon amendment of such regulations, no assignment so made shall be changed unless the Surgeon General finds (1) that the original assignment was erroneous, or (2) that the officer is equally well qualified to serve in another category to which he has requested to be transferred, and that such transfer is in the interests of the Service. (c) Maximum number of officers in each category Within the limits fixed by the Secretary in regulations under section 207(d) of this title for any fiscal year, the Surgeon General shall determine for each category in the Regular Corps the maximum number of officers authorized to be in each of the grades from the warrant officer (W-1) grade to the director grade, inclusive. (d) Vacancies in grade for purposes of promotion The excess of the number so fixed for any grade in any category over the number of officers of the Regular Corps on active duty in such grade in such category (including in the case of the director grade, officers holding such grade in accordance with section 207(c) of this title) shall for the purpose of promotions constitute vacancies in such grade in such category. For purposes of this subsection, an officer who has been temporarily promoted or who is temporarily holding the grade of director in accordance with section 207(c) of this title shall be deemed to hold the grade to which so promoted or which he is temporarily holding; but while he holds such promotion or grade, and while any officer is temporarily assigned to a position pursuant to section 206(c) of this title, the number fixed under subsection (c) of this section for the grade of his permanent rank shall be reduced by one. (e) Absence of vacancy in grade as affecting promotion The absence of a vacancy in a grade in a category shall not prevent an appointment to such grade pursuant to section 209 of this title, a permanent length of service promotion, or the recall of a retired officer to active duty; but the making of such an appointment, promotion, or recall shall be deemed to fill a vacancy if one exists. (f) Vacancy in grade as affecting maximum number for each category Whenever a vacancy exists in any grade in a category the Surgeon General may increase by one the number fixed by him under subsection (c) of this section for the next lower grade in the same category, without regard to the numbers fixed in regulations under section 207(d) of this title; and in that event the vacancy in the higher grade shall not be filled except by a permanent promotion, and upon the making of such promotion the number for the next lower grade shall be reduced by one. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 209, as added Feb. 28, 1948, ch. 83, Sec. 5(i), 62 Stat. 41; amended 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III, Sec. 306, Sept. 29, 1979, 93 Stat. 585.) -MISC1- PRIOR PROVISIONS A prior section 209 of act July 1, 1944, was renumbered section 208 and is classified to section 210 of this title. AMENDMENTS 1979 - Subsec. (c). Pub. L. 96-76 substituted "warrant officer (W- 1)" for "assistant". EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76, set out as a note under section 206 of this title. -TRANS- TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -End- -CITE- 42 USC Sec. 211 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 211. Promotion of commissioned officers -STATUTE- (a) Permanent or temporary promotions; examination Promotions of officers of the Regular Corps to any grade up to and including the director grade shall be either permanent promotions based on length of service, other permanent promotions to fill vacancies, or temporary promotions. Permanent promotions shall be made by the President, by and with the advice and consent of the Senate, and temporary promotions shall be made by the President. Each permanent promotion shall be to the next higher grade, and shall be made only after examination given in accordance with regulations of the President. (b) Promotion to certain grades only to fill vacancies; regulations; "restricted grade" defined The President may by regulation provide that in a specified professional category permanent promotions to the senior grade, or to both the full grade and the senior grade, shall be made only if there are vacancies in such grade. A grade in any category with respect to which such regulations have been issued is referred to in this section as a "restricted grade". (c) Examinations Examinations to determine qualification for permanent promotions may be either noncompetitive or competitive, as the Surgeon General shall in each case determine; except that examinations for promotions to the assistant or senior assistant grade shall in all cases be noncompetitive. The officers to be examined shall be selected by the Surgeon General from the professional category, and in the order of seniority in the grade, from which promotion is to be recommended. In the case of a competitive examination the Surgeon General shall determine in advance of the examination the number (which may be one or more) of officers who, after passing the examination, will be recommended to the President for promotion; but if the examination is one for promotions based on length of service, or is one for promotions to fill vacancies other than vacancies in the director grade or in a restricted grade, such number shall not be less than 80 per centum of the number of officers to be examined. (d) Permanent promotions to qualified officers on length of service Officers of the Regular Corps, found pursuant to subsection (c) of this section to be qualified, shall be given permanent promotions based on length of service, as follows: (1) Officers in the warrant officer (W-1) grade, chief warrant officer (W-2) grade, chief warrant officer (W-3) grade, chief warrant officer (W-4) grade, and junior assistant grade shall be promoted at such times as may be prescribed in regulations of the President. (2) Officers with permanent rank in the assistant grade, the senior assistant grade, and the full grade shall (except as provided in regulations under subsection (b) of this section) be promoted after completion of three, ten, and seventeen years, respectively, of service in grades above the junior assistant grade; and such promotions, when made, shall be effective, for purposes of pay and seniority in grade, as of the day following the completion of such years of service. An officer with permanent rank in the assistant, senior assistant, or full grade who has not completed such years of service shall be promoted at the same time, and his promotion shall be effective as of the same day, as any officer junior to him in the same grade in the same professional category who is promoted under this paragraph. (e) Promotion of professional category officers to fill certain vacancies Officers in a professional category of the Regular Corps, found pursuant to subsection (c) of this section to be qualified, may be given permanent promotions to fill any or all vacancies in such category in the senior assistant grade, the full grade, the senior grade, or the director grade; but no officer who has not had one year of service with permanent or temporary rank in the next lower grade shall be promoted to any restricted grade or to the director grade. (f) Reexamination upon failure of promotion; effective date of promotion If an officer who has completed the years of service required for promotion to a grade under paragraph (2) of subsection (d) of this section fails to receive such promotion, he shall (unless he has already been twice examined for promotion to such grade) be once reexamined for promotion to such grade. If he is thereupon promoted (otherwise than under subsection (e) of this section), the effective date of such promotion shall be one year later than it would have been but for such failure. Upon the effective date of any permanent promotion of such officer to such grade, he shall be considered as having had only the length of service required for such promotion which he previously failed to receive. (g) Separation from service upon failure of promotion If, for reasons other than physical disability, an officer of the Regular Corps in the warrant officer (W-1) grade or junior assistant grade is found pursuant to subsection (c) of this section not to be qualified for promotion he shall be separated from the Service. If, for reasons other than physical disability, an officer of the Regular Corps in the chief warrant officer (W-2), chief warrant officer (W-3), assistant, senior assistant, or full grade, after having been twice examined for promotion (other than promotion to a restricted grade), fails to be promoted - (1) if in the chief warrant officer (W-2) or assistant grade he shall be separated from the Service and paid six months' basic pay and allowances; (2) if in the chief warrant officer (W-3) or senior assistant grade he shall be separated from the Service and paid one year's basic pay and allowances; (3) if in the full grade he shall be considered as not in line for promotion and shall, at such time thereafter as the Surgeon General may determine, be retired from the Service with retired pay (unless he is entitled to a greater amount by reason of another provision of law) - (A) in the case of an officer who first became a member of a uniformed service before September 8, 1980, at the rate of 2 1/2 percent of the retired pay base determined under section 1406(h) of title 10 for each year, not in excess of 30, of his active commissioned service in the Service; or (B) in the case of an officer who first became a member of a uniformed service on or after September 8, 1980, at the rate determined by multiplying - (i) the retired pay base determined under section 1407 of title 10; by (ii) the retired pay multiplier determined under section 1409 of such title for the number of years of his active commissioned service in the Service. (h) Separation from service upon refusal to stand examination If an officer of the Regular Corps, eligible to take an examination for promotion, refuses to take such examination, he may be separated from the Service in accordance with regulations of the President. (i) Review of record; separation from service At the end of his first three years of service, the record of each officer of the Regular Corps originally appointed to the senior assistant grade or above, shall be reviewed in accordance with regulations of the President and, if found not qualified for further service, he shall be separated from the Service and paid six months' pay and allowances. (j) Determination of order of seniority (1) The order of seniority of officers in a grade in the Regular Corps shall be determined, subject to the provisions of paragraph (2) of this subsection, by the relative length of time spent in active service after the effective date of each such officer's original appointment or permanent promotion to that grade. When permanent promotions of two or more officers to the same grade are effective on the same day, their relative seniority shall be the same as it was in the grade from which promoted. In all other cases of original appointments or permanent promotions (or both) to the same grade effective on the same day, relative seniority shall be determined in accordance with regulations of the President. (2) In the case of an officer originally appointed in the Regular Corps to the grade of assistant or above, his seniority in the grade to which appointed shall be determined after inclusion, as service in such grade, of any active service in such grade or in any higher grade in the Reserve Corps, but (if the appointment is to the grade of senior assistant or above) only to the extent of whichever of the following is greater: (A) His active service in such grade or any higher grade in the Reserve Corps after the first day on which, under regulations in effect on the date of his appointment to the Regular Corps, he had the training and experience necessary for such appointment, or (B) the excess of his total active service in the Reserve Corps (above the grade of junior assistant) over three years if his appointment in the Regular Corps is to the senior assistant grade, over ten years if the appointment is to the full grade, or over seventeen years if the appointment is to the senior grade. (k) Temporary promotions; fill vacancy in higher grade; war or national emergency; selection of officers; termination of appointment Any commissioned officer of the Regular Corps in any grade in any professional category may be recommended to the President for temporary promotion to fill a vacancy in any higher grade in such category, up to and including the director grade. In time of war, or of national emergency proclaimed by the President, any commissioned officer of the Regular Corps in any grade in any professional category may be recommended to the President for promotion to any higher grade in such category, up to and including the director grade, whether or not a vacancy exists in such grade. The selection of officers to be recommended for temporary promotions shall be made in accordance with regulations of the President. Promotion of an officer recommended pursuant to this subsection may be made without regard to length of service, without examination, and without vacating his permanent appointment, and shall carry with it the pay and allowances of the grade to which promoted. Such promotions may be terminated at any time, as may be directed by the President. (l) Determination of requirements of Service by Secretary; assignment of Reserve Officers to professional categories; temporary promotions; termination of temporary promotions Whenever the number of officers of the Regular Corps on active duty, plus the number of officers of the Reserve Corps who have been on active duty for thirty days or more, exceeds the authorized strength of the Regular Corps, the Secretary shall determine the requirements of the Service in each grade in each category, based upon the total number of officers so serving on active duty and the tasks being performed by the Service; and the Surgeon General shall thereupon assign each officer of the Reserve Corps on active duty to a professional category. If the Secretary finds that the number of officers fixed under section 210b(c) of this title for any grade and category (or the number of officers, including officers of the Reserve Corps, on active duty in such grade in such category, if such number is greater than the number fixed under section 210b(c) of this title) is insufficient to meet such requirements of the Service, officers of either the Regular Corps or the Reserve Corps may be recommended for temporary promotion to such grade in such category. Any such promotion may be terminated at any time, as may be directed by the President. (m) Acceptance of promotion; oath and affidavit Any officer of the Regular Corps, or any officer of the Reserve Corps on active duty, who is promoted to a higher grade shall, unless he expressly declines such promotion, be deemed for all purposes to have accepted such promotion; and shall not be required to renew his oath of office, or to execute a new affidavit as required by section 3332 of title 5. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 210, 58 Stat. 687; Feb. 28, 1948, ch. 83, Sec. 6(a), 62 Stat. 42; Oct. 12, 1949, ch. 681, title V, Sec. 521(c), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, Sec. 4(a), 70 Stat. 117; Pub. L. 86-415, Sec. 5(c), Apr. 8, 1960, 74 Stat. 34; Pub. L. 87-649, Sec. 11(2), Sept. 7, 1962, 76 Stat. 497; Pub. L. 96-76, title III, Sec. 307, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-342, title VIII, Sec. 813(h)(1), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 99-348, title II, Sec. 207(a), July 1, 1986, 100 Stat. 701.) -COD- CODIFICATION In subsec. (m), "section 3332 of title 5" substituted for "the Act of December 11, 1926, as amended (5 U.S.C. 21a)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1986 - Subsec. (g)(3). Pub. L. 99-348 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: "(A) in the case of an officer who first became a member of a uniformed service before September 8, 1980, at the rate of 2 1/2 per centum of basic pay of the permanent grade held by him at the time of retirement for each year, not in excess of thirty, of his active commissioned service in the Service; or "(B) in the case of an officer who first became a member of a uniformed service on or after September 8, 1980, 2 1/2 per centum of the monthly retired pay base computed under section 1407(h) of title 10, for each year, not in excess of thirty, of his active commissioned service in the Service." 1980 - Subsec. (g)(3). Pub. L. 96-342 revised provisions into subpars. (A) and (B) and substituted provisions respecting computation of retired pay for officers who became members of the uniformed service before Sept. 8, 1980, and for officers who became members of the uniformed service on or after Sept. 8, 1980, for provisions respecting computation of retired pay for officers. 1979 - Subsec. (d)(1). Pub. L. 96-76, Sec. 307(a), inserted applicability to warrant officers and chief warrant officers. Subsec. (g). Pub. L. 96-76, Sec. 307(b), in provision before par. (1), inserted applicability to separation from Service of warrant officers and chief warrant officers subsequent to one examination or two examinations, respectively, in par. (1), inserted applicability to a chief warrant officer (W-2), and in par. (2), inserted applicability to a chief warrant officer (W-3). 1962 - Subsec. (g). Pub. L. 87-649 substituted "basic pay" for "pay" in cls. (1) and (2). 1960 - Subsec. (g). Pub. L. 86-415 substituted "of the basic pay of the permanent grade held by him at the time of retirement for each year" for "of his active duty pay at the time of retirement for each complete year" in cl. (3). 1956 - Subsec. (d)(2). Act Apr. 27, 1956, struck out "pay period and for purposes of" before "seniority in grade". 1949 - Subsec. (g). Act Oct. 12, 1949, struck out "incurred in line of duty" wherever appearing. 1948 - Act Feb. 28, 1948, amended subsecs. (a) to (c) generally and added subsecs. (d) to (m). EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76, set out as a note under section 206 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -End- -CITE- 42 USC Sec. 211a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 211a. Repealed. -MISC1- Sec. 211a. Repealed. Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. Section, act July 1, 1944, ch. 373, title XIII, Sec. 1311, formerly title VII, Sec. 711, as added Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; renumbered title VIII, Sec. 811, July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 721; renumbered title IX, Sec. 911, Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; renumbered title X, Sec. 1011, Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; renumbered title XI, Sec. 1111, Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; renumbered title XII, Sec. 1211, May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; renumbered title XIII, Sec. 1311, Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, provided for appointment to higher grades of Public Health Service officers for mental health and hospital construction activities. -End- -CITE- 42 USC Sec. 211b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 211b. Repealed. -MISC1- Sec. 211b. Repealed. Pub. L. 94-412, title V, Sec. 501(f), Sept. 14, 1976, 90 Stat. 1258. Section, act Feb. 28, 1948, ch. 83, Sec. 6(b)-(f), 62 Stat. 45, dealt with promotion of Public Health Service officers. SAVINGS PROVISION Repeal not to affect any action taken or proceeding pending at the time of repeal, see section 501(h) of Pub. L. 94-412, set out as a note under section 1601 of Title 50, War and National Defense. -End- -CITE- 42 USC Sec. 211c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 211c. Promotion credit for medical officers in assistant grade -STATUTE- Any medical officer of the Regular Corps of the Public Health Service who - (1)(A) was appointed to the assistant grade in the Regular Corps and whose service in such Corps has been continuous from the date of appointment or (B) may hereafter be appointed to the assistant grade in the Regular Corps, and (2) had or will have completed a medical internship on the date of such appointment, shall be credited with one year for purposes of promotion and seniority in grade, except that no such credit shall be authorized if the officer has received or will receive similar credit for his internship under other provisions of law. In the case of an officer on active duty on the effective date of this section who is entitled to the credit authorized herein, the one year shall be added to the promotion and seniority-in-grade credits with which he is credited on such date. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 220, as added Apr. 30, 1956, ch. 223, Sec. 3, 70 Stat. 121.) -REFTEXT- REFERENCES IN TEXT For "the effective date of this section", referred to in text, see section 7 of act Apr. 30, 1956, which provided in part that this section shall become effective the first day of the month following the day of enactment, Apr. 30, 1956. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -End- -CITE- 42 USC Sec. 212 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 212. Retirement of commissioned officers -STATUTE- (a) Age; voluntariness; length of service; computation of retired pay (1) A commissioned officer of the Service shall, if he applies for retirement, be retired on or after the first day of the month following the month in which he attains the age of sixty-four years. This paragraph does not permit or require the involuntary retirement of any individual because of the age of the individual. (2) A commissioned officer of the Service may be retired by the Secretary, and shall be retired if he applies for retirement, on the first day of any month after completion of thirty years of active service. (3) Any commissioned officer of the Service who has had less than thirty years of active service may be retired by the Secretary, with or without application by the officer, on the first day of any month after completion of twenty or more years of active service of which not less than ten are years of active commissioned service in any of the uniformed services. (4) Except as provided in paragraph (6), a commissioned officer retired pursuant to paragraph (1), (2), or (3) who was (in the case of an officer in the Reserve Corps) on active duty with the Service on the day preceding such retirement shall be entitled to receive retired pay at the rate of 2 1/2 per centum of the basic pay of the highest grade held by him as such officer and in which, in the case of a temporary promotion to such grade, he has performed active duty for not less than six months, (A) for each year of active service, or (B) if it results in higher retired pay, for each of the following years: (i) his years of active service (determined without regard to subsection (d) of this section) as a member of a uniformed service; plus (ii) in the case of a medical or dental officer, four years and, in the case of a medical officer, who has completed one year of medical internship or the equivalent thereof, one additional year, the four years and the one year to be reduced by the period of active service performed during such officer's attendance at medical school or dental school or during his medical internship; plus (iii) the number of years of service with which he was entitled to be credited for purposes of basic pay on May 31, 1958, or (if higher) on any date prior thereto, reduced by any such year included under clause (i) and further reduced by any such year with which he was entitled to be credited under paragraphs (7) and (8) of section 205(a) of title 37 on any date before June 1, 1958; except that (C) in the case of any officer whose retired pay, so computed, is less than 50 per centum of such basic pay, who retires pursuant to paragraph (1) of this subsection, who has not less than twelve whole years of active service (computed without the application of subsection (e) of this section), and who does not use, for purposes of a retirement annuity under subchapter III of chapter 83 of title 5, any service which is also creditable in computing his retired pay from the Service, it shall, instead, be 50 per centum of such pay, and (D) the retired pay of an officer shall in no case be more than 75 per centum of such basic pay. (5) With the approval of the President, a commissioned officer whose service as Surgeon General, Deputy Surgeon General, or Assistant Surgeon General has totaled four years or more and who has had not less than twenty-five years of active service in the Service may retire voluntarily at any time; and except as provided in paragraph (6), his retired pay shall be at the rate of 75 per centum of the basic pay of the highest grade held by him as such officer. (6) The retired pay of a commissioned officer retired under this subsection who first became a member of a uniformed service after September 7, 1980, is determined by multiplying - (A) the retired pay base determined under section 1407 of title 10; by (B) the retired pay multiplier determined under section 1409 of such title for the number of years of service credited to the officer under paragraph (4). (7) Retired pay computed under section 211(g)(3) of this title or under paragraph (4) or (5) of this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1. (b) Basic pay of highest temporary grade For purposes of subsection (a) of this section, the basic pay of the highest grade to which a commissioned officer has received a temporary promotion means the basic pay to which he would be entitled if serving on active duty in such grade on the date of his retirement. (c) Recall to active duty A commissioned officer, retired for reasons other than for failure of promotion to the senior grade, may (1) if an officer of the Regular Corps or an officer of the Reserve Corps entitled to retired pay under subsection (a) of this section, be involuntarily recalled to active duty during such times as the Commissioned Corps constitutes a branch of the land or naval forces of the United States, and (2) if an officer of either the Regular or Reserve Corps, be recalled to active duty at any time with his consent. (d) "Active service" defined The term "active service", as used in subsection (a) of this section, includes: (1) all active service in any of the uniformed services; (2) active service with the Public Health Service, other than as a commissioned officer, which the Surgeon General determines is comparable to service performed by commissioned officers of the Service, except that, if there are more than five years of such service only the last five years thereof may be included; (3) all active service (other than service included under the preceding provisions of this subsection) which is creditable for retirement purposes under laws governing the retirement of members of any of the uniformed services; and (4) service performed as a member of the Senior Biomedical Research Service established by section 237 of this title, except that, if there are more than 5 years of such service, only the last 5 years thereof may be included. (e) Crediting of part of year For the purpose of determining the number of years by which a percentage of the basic pay of an officer is to be multiplied in computing the amount of his retired pay pursuant to section 211(g)(3) of this title or paragraph (4) of subsection (a) of this section, each full month of service that is in addition to the number of full years of service credited to an officer is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded. (f) Retirement or separation for physical disability For purposes of retirement or separation for physical disability under chapter 61 of title 10, a commissioned officer of the Service shall be credited, in addition to the service described in section 1208(a)(2) of that title, with active service with the Public Health Service, other than as a commissioned officer, which the Surgeon General determines is comparable to service performed by commissioned officers of the Service, except that, if there are more than five years of such service, only the last five years thereof may be so credited. For such purposes, such section 1208(a)(2) shall be applicable to officers of the Regular or Reserve Corps of the Service. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 211, 58 Stat. 688; Feb. 28, 1948, ch. 83, Sec. 7, 62 Stat. 46; Oct. 12, 1949, ch. 681, title V, Sec. 521(d), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, Sec. 5(a)-(c), 70 Stat. 117; Aug. 10, 1956, ch. 1041, Sec. 5, 70A Stat. 620; Pub. L. 86-415, Sec. 4, Apr. 8, 1960, 74 Stat. 33; Pub. L. 91-253, Sec. 1, May 14, 1970, 84 Stat. 216; Pub. L. 96-76, title III, Sec. 308, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-342, title VIII, Sec. 813(h)(2), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 97-25, title III, Sec. 303(b), July 27, 1981, 95 Stat. 145; Pub. L. 97-35, title XXVII, Sec. 2765(a), Aug. 13, 1981, 95 Stat. 932; Pub. L. 98- 94, title IX, Secs. 922(d), 923(f), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99-348, title II, Sec. 207(b), July 1, 1986, 100 Stat. 702; Pub. L. 101-509, title V, Sec. 529 [title III, Sec. 304(b)], Nov. 5, 1990, 104 Stat. 1427, 1464.) -COD- CODIFICATION In subsec. (a)(4), "subchapter III of chapter 83 of title 5" substituted for "the Civil Service Retirement Act" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1990 - Subsec. (d)(4). Pub. L. 101-509 added par. (4). 1986 - Subsec. (a)(6). Pub. L. 99-348 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "In computing retired pay under paragraph (4) or (5) in the case of any commissioned officer who first became a member of a uniformed service on or after September 8, 1980, the monthly retired pay base computed under section 1407(h) of title 10 shall be used in lieu of using the basic pay of the highest grade held by him as such officer." 1983 - Subsec. (a)(7). Pub. L. 98-94, Sec. 922(d), added par. (7). Subsec. (e). Pub. L. 98-94, Sec. 923(f), substituted "each full month of service that is in addition to the number of full years of service credited to an officer is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded". 1981 - Subsec. (a)(1). Pub. L. 97-35 substituted "shall, if he applies for retirement, be retired on or after" for "shall be retired on", and substituted provisions relating to involuntary retirement as a result of age, for provisions relating to inapplicability to the Surgeon General. Pub. L. 97-25 inserted provision that this paragraph does not apply to Surgeon General. 1980 - Subsec. (a)(4). Pub. L. 96-342, Sec. 813(h)(2)(A), substituted "Except as provided in paragraph (6), a" for "A". Subsec. (a)(5). Pub. L. 96-342, Sec. 813(h)(2)(B), substituted "except as provided in paragraph (6), his" for "his". Subsec. (a)(6). Pub. L. 96-342, Sec. 813(h)(2)(C), added par. (6). 1979 - Subsec. (e). Pub. L. 96-76 struck out requirement respecting active service for purposes of credit. 1970 - Subsec. (a)(4). Pub. L. 91-253 inserted "plus" after the semicolon at end of cl. (ii) and added cl. (iii). 1960 - Pub. L. 86-415 amended section generally, and among other changes, authorized retirement of commissioned officers who have had less than 30 years of active service any time after the completion of 20 years of active service, permitted persons who have served as Deputy Surgeons General or Assistant Surgeons General for four or more years and who have had at least 25 years of active service to retire voluntarily at any time, provided for the recall to active duty of officers of the Reserve Corps entitled to retired pay under subsection (a) of this section during such times as the Corps constitutes a branch of the land or naval forces of the United States, authorized credit, for retirement purposes, of active service in the uniformed services and limited to five years the crediting of active service with the Public Health Service other than as a commissioned officer, and established the methods for computation of retired pay for active duty officers retiring for age or length of service. 1956 - Subsec. (a). Act Apr. 27, 1956, Sec. 5(a), authorized crediting of noncommissioned service for purposes of retirement. Subsec. (b)(1). Act Apr. 27, 1956, Sec. 5(b), authorized crediting of noncommissioned service in the Service for purposes of retirement. Subsec. (c). Act Apr. 27, 1956, Sec. 5(c), permitted recall of retired officers of the Regular Corps without their consent whenever the Regular Corps has military status, and authorized recall of retired officers of the Regular or Reserve Corps with their consent at any time. Subsec. (g). Act Aug. 10, 1956, provided for crediting of service for purposes of retirement or separation for physical disability under chapter 61 of title 10. 1949 - Subsec. (a). Act Oct. 12, 1949, redesignated subsec. (b) as (a), substituted "subsection (b)" for "subsection (c)" and repealed former subsec. (a) relating to retirement for disability or disease. Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b) and struck out reference to retirement for disability or disease. Former subsec. (b) redesignated (a). Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (d) as (c) and struck out reference to recovery from a disability. Former subsec. (c) redesignated (b). Subsecs. (d) to (f). Act Oct. 12, 1949, redesignated subsecs. (e) to (g) as (d) to (f), respectively. Former subsec. (d) redesignated (c). Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsec. (h) as (g) and amended subsection generally to relate to retirement or separation for physical disability. Former subsec. (g) redesignated (f). 1948 - Subsec. (b). Act Feb. 28, 1948, inserted length of service for retirement purposes. Subsec. (c)(2). Act Feb. 28, 1948, made subdivision applicable to grade of Assistant Surgeon General. Subsec. (d). Act Feb. 28, 1948, substituted "under the provisions of subsection (b) of this section" for "for age". Subsecs. (g), (h). Act Feb. 28, 1948, added subsecs. (g) and (h). -CHANGE- CHANGE OF NAME Senior Biomedical Research Service changed to Silvio O. Conte Senior Biomedical Research Service by Pub. L. 103-43, title XX, Sec. 2001, June 10, 1993, 107 Stat. 208. See section 237 of this title. -MISC2- EFFECTIVE DATE OF 1990 AMENDMENT Section 529 [title III, Sec. 304(c)] of Pub. L. 101-509 provided that: "Except as otherwise provided, the provisions of this section [enacting section 237 of this title and amending this section] shall be effective on the 90th day following the date of the enactment of this Act [Nov. 5, 1990]." EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 922(d) of Pub. L. 98-94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98-94, set out as a note under section 1401 of Title 10, Armed Forces. Amendment by section 923(f) of Pub. L. 98-94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98-94, set out as a note under section 1174 of Title 10. EFFECTIVE DATE OF 1970 AMENDMENT Section 2 of Pub. L. 91-253 provided that: "The amendments made by this Act [amending this section] shall apply in the case of retired pay for any period after the month in which this Act is enacted [May 1970]." EFFECTIVE DATE OF 1960 AMENDMENT Section 8(b) of Pub. L. 86-415 provided that: "The amendment made by section 4 [amending this section] shall become effective on the date of enactment of this Act [Apr. 8, 1960] in the case of commissioned officers of the Regular Corps of the Public Health Service, and on July 1, 1960, in the case of commissioned officers of the Reserve Corps of the Public Health Service." EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. SAVINGS PROVISION Pub. L. 86-415, Sec. 8(c), (d), Apr. 8, 1960, 74 Stat. 36, provided that: "(c) An officer in the Regular Corps on active duty on the date of enactment of this Act [Apr. 8, 1960] may be retired and have his retired pay computed under section 211 of the Public Health Service Act, as amended by this Act [this section], or, if he so elects, under such section as in effect prior to the date of enactment of this Act [Apr. 8, 1960]. "(d) The limitation under subsection (f) of section 211 of the Public Health Service Act, as amended by this Act [subsec. (f) of this section], on the amount of active service with the Public Health Service, other than as a commissioned officer, which may be counted for purposes of retirement or separation for physical disability, shall not apply in the case of any officer of the Reserve Corps of the Public Health Service on active duty on June 30, 1960." -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC3- COVERAGE UNDER CIVIL SERVICE RETIREMENT ACT Creditable service for purposes of the Civil Service Retirement Act for certain commissioned officers of the Regular or Reserve Corps of the Public Health Service, see section 6(a), (b) of Pub. L. 86-415, set out as a note under section 8332 of Title 5, Government Organization and Employees. -End- -CITE- 42 USC Sec. 212a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 212a. Repealed. -MISC1- Sec. 212a. Repealed. Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. Section, act July 1, 1944, ch. 373, title XIII, Sec. 1312, formerly title VII, Sec. 712, as added Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; renumbered title VIII, Sec. 812, July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 721; renumbered title IX, Sec. 912, Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; renumbered title X, Sec. 1012, Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; renumbered title XI, Sec. 1112, Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; renumbered title XII, Sec. 1212, May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; renumbered title XIII, Sec. 1312, Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, provided for retirement of certain officers of Reserve Corps of the Public Health Service for disability. -End- -CITE- 42 USC Sec. 212b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 212b. Repealed. -MISC1- Sec. 212b. Repealed. Apr. 27, 1956, ch. 211, Sec. 5(d), 70 Stat. 117. Section, act July 31, 1953, ch. 296, title II, Sec. 201, 67 Stat. 254, authorized recall of retired officers of the Service. See section 212(c) of this title. -End- -CITE- 42 USC Sec. 213 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 213. Military benefits -STATUTE- (a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors Except as provided in subsection (b) of this section, commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers - (1) in time of war; (2) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or (3) while the Service is part of the military forces of the United States pursuant to Executive order of the President; be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances. (b) Award of decorations The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations. (c) Authority of Surgeon General The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) of this section shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General. (d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen's Indemnity Act of 1951) and section 417 of this title. (e) Active service deemed active military service with respect to Servicemembers Civil Relief Act Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all rights, privileges, immunities, and benefits now or hereafter provided under the Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.). (f) Active service deemed active military service with respect to anti-discrimination laws Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for purposes of all laws related to discrimination on the basis of race, color, sex, ethnicity, age, religion, and disability. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 212, 58 Stat. 689; July 15, 1954, ch. 507, Sec. 14(a), 68 Stat. 481; Aug. 1, 1956, ch. 837, title V, Sec. 501(b)(1), 70 Stat. 881; Pub. L. 94-278, title XI, Sec. 1101, Apr. 22, 1976, 90 Stat. 415; Pub. L. 102-54, Sec. 13(q)(1)(C), June 13, 1991, 105 Stat. 278; Pub. L. 105-392, title IV, Sec. 402(a), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 108-189, Sec. 2(e), Dec. 19, 2003, 117 Stat. 2866.) -REFTEXT- REFERENCES IN TEXT The Servicemen's Indemnity Act of 1951, referred to in subsec. (d), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, which was classified generally to subchapter II (Sec. 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, Sec. 502(9), 70 Stat. 886. The Servicemembers Civil Relief Act, referred to in subsec. (e), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as amended, which is classified to section 501 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see section 501 of Title 50, Appendix, and Tables. -MISC1- AMENDMENTS 2003 - Subsec. (e). Pub. L. 108-189 substituted "Servicemembers Civil Relief Act" for "Soldiers' and Sailors' Civil Relief Act of 1940". 1998 - Subsec. (f). Pub. L. 105-392 added subsec. (f). 1991 - Subsec. (d). Pub. L. 102-54 substituted "Secretary of Veterans Affairs" for "Veterans' Administration". 1976 - Subsec. (e). Pub. L. 94-278 added subsec. (e). 1956 - Act Aug. 1, 1956, amended section generally to extend all rights, privileges, immunities, and benefits provided for commissioned officers of the Army or their surviving beneficiaries to commissioned officers of the Service, with the exception of retired pay and uniform allowances, when performing duty under certain circumstances, and to provide that active service of commissioned officers shall be deemed to be active military service in the Armed Forces for the purposes of all laws administered by the Veterans' Administration (except the Servicemen's Indemnity Act of 1951) and section 417 of this title. 1954 - Subsec. (a)(1). Act July 15, 1954, struck out "burial payments in the event of death," after "limited to,". EFFECTIVE DATE OF 1956 AMENDMENT; APPLICABILITY Act Aug. 1, 1956, ch. 837, title V, Sec. 501(b)(2), 70 Stat. 882, provided that: "The amendment made by this subsection [amending this section] (A) shall apply only with respect to service performed on or after July 4, 1952, (B) shall not be construed to affect the entitlement of any person to benefits under the Veterans' Readjustment Assistance Act of 1952 [act July 16, 1952, ch. 875, 66 Stat. 633], (C) shall not be construed to authorize any payment under section 202(i) of the Social Security Act [section 402(i) of this title], or under Veterans Regulation Numbered 9(a), for any death occurring prior to January 1, 1957, and (D) shall not be construed to authorize payment of any benefits for any period prior to January 1, 1957." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- RECOMPUTATION OF SOCIAL SECURITY BENEFITS FOR OFFICERS ENTITLED TO OLD-AGE INSURANCE BENEFITS PRIOR TO JANUARY 1, 1957, OR FOR SURVIVORS OF OFFICERS WHO DIED PRIOR TO JANUARY 1, 1957 Act Aug. 1, 1956, ch. 837, title V, Sec. 501(b)(3), 70 Stat. 882, provided that: "In the case of any individual - "(A) who performed active service (i) as a commissioned officer of the Public Health Service at any time during the period beginning July 4, 1952, and ending December 31, 1956, or (ii) as a commissioned officer of the Coast and Geodetic Survey at any time during the period beginning July 29, 1945, and ending December 31, 1956; and "(B)(i) who became entitled to old-age insurance benefits under section 202(a) of the Social Security Act [section 402(a) of this title] prior to January 1, 1957, or "(ii) who died prior to January 1, 1957, and whose widow, child, or parent is entitled for the month of January 1957, on the basis of his wages and self-employment income, to a monthly survivor's benefit under section 202 of such act [section 402 of this title]; and "(C) any part of whose service described in subparagraph (A) was not included in the computation of his primary insurance amount under section 215 of such act [section 415 of this title] but would have been included in such computation if the amendment made by paragraph (1) of this subsection or paragraph (1) of subsection (d) had been effective prior to the date of such computation, the Secretary of Health, Education, and Welfare [now Health and Human Services] shall, notwithstanding the provisions of section 215(f)(1) of the Social Security Act [section 415(f)(1) of this title], recompute the primary insurance amount of such individual upon the filing of an application, after December 1956, by him or (if he dies without filing such an application) by any person entitled to monthly survivor's benefits under section 202 of such act [section 402 of this title] on the basis of his wages and self- employment income. Such recomputation shall be made only in the manner, provided in title II of the Social Security Act [sections 401 to 425 of this title] as in effect at the time of the last previous computation or recomputation of such individual's primary insurance amount, and as though application therefor was filed in the month in which application for such last previous computation or recomputation was filed. No recomputation made under this paragraph shall be regarded as a recomputation under section 215(f) of the Social Security Act [section 415(f) of this title]. Any such recomputation shall be effective for and after the twelfth month before the month in which the application was filed, but in no case for any month before January 1957." DISPOSITION OF REMAINS OF DECEASED PERSONNEL Recovery, care, and disposition of the remains of deceased members of the uniformed services and other deceased personnel, see section 1481 et seq. of Title 10, Armed Forces. BURIAL OF CERTAIN COMMISSIONED OFFICERS Act Apr. 30, 1956, ch. 227, 70 Stat. 124, provided: "That burial in national cemeteries of the remains of commissioned officers of the United States Public Health Service who were detailed for duty with the Army or Navy during World War I pursuant to the act of July 1, 1902 (32 Stat. 712, 713), as amended, and Executive Order Numbered 2571 dated April 3, 1917, and of the wife, widow, minor child and, in the discretion of the Secretary of the Army, unmarried adult child of these officers is authorized: Provided, That the remains of the wife, widow, and children may, in the discretion of the Secretary of the Army, be removed from a national cemetery proper and interred in the post section of a national cemetery if, upon death, the related officer is not buried in the same or an adjoining gravesite." -TRANS- DELEGATION OF AUTHORITY Memorandum of President of the United States, Dec. 30, 1992, 58 F.R. 3485, provided: Memorandum for the Secretary of Defense, the Secretary of Health and Human Services The authority of the President under section 212(b) of the Public Health Service Act (42 U.S.C. 213(b)) is hereby delegated to the Secretary of Defense. In the exercise of that authority, the Secretary of Defense shall ensure that no military ribbon, medal, or decoration is awarded to an officer of the Public Health Service without the approval of the Secretary of Health and Human Services. The Secretary of Defense shall ensure the publication of this memorandum in the Federal Register. George Bush. -End- -CITE- 42 USC Sec. 213a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 213a. Rights, benefits, privileges, and immunities for commissioned officers or beneficiaries; exercise of authority by Secretary or designee -STATUTE- (a) Commissioned officers of the Service or their surviving beneficiaries are entitled to all the rights, benefits, privileges, and immunities now or hereafter provided for commissioned officers of the Army or their surviving beneficiaries under the following provisions of title 10: (1) Section 1036, Escorts for dependents of members: transportation and travel allowances. (2) Chapter 61, Retirement or Separation for Physical Disability, except that sections 1201, 1202, and 1203 do not apply to commissioned officers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days. (3) Chapter 69, Retired Grade, except sections 1370, 1374,(!1) 1375 and 1376(a).(!1) (4) Chapter 71, Computation of Retired Pay, except formula No. 3 of section 1401.(!1) (5) Chapter 73, Retired Serviceman's Family Protection Plan; Survivor Benefit Plan. (6) Chapter 75, Death Benefits. (7) Section 2771, Final settlement of accounts: deceased members. (8) Chapter 163, Military Claims, but only when commissioned officers of the Service are entitled to military benefits under section 213 of this title. (9) Section 2603, Acceptance of fellowships, scholarships, or grants. (10) Section 2634, Motor vehicles: for members on permanent change of station. (11) Section 1035, Deposits of Savings. (12) Section 1552, Correction of military records: claims incident thereto. (13) Section 1553, Review of discharge or dismissal. (14) Section 1554, Review of retirement or separation without pay for physical disability. (15) Section 1124, Cash awards for suggestions, inventions, or scientific achievements. (16) Section 1052, Reimbursement for adoption expenses. (17) Section 1059, Transitional compensation and commissary and exchange benefits for dependents of members separated for dependent abuse. (b) The authority vested by title 10 in the "military departments", "the Secretary concerned", or "the Secretary of Defense" with respect to the rights, privileges, immunities, and benefits referred to in subsection (a) of this section shall be exercised, with respect to commissioned officers of the Service, by the Secretary of Health and Human Services or his designee. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 221, as added Aug. 10, 1956, ch. 1041, Sec. 4, 70A Stat. 619; amended Pub. L. 85-861, Sec. 4, Sept. 2, 1958, 72 Stat. 1547; Pub. L. 86-160, Sec. 3, Aug. 14, 1959, 73 Stat. 359; Pub. L. 87-555, Sec. 2, July 27, 1962, 76 Stat. 244; Pub. L. 88-132, Sec. 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L. 88-431, Sec. 1(d), Aug. 14, 1964, 78 Stat. 440; Pub. L. 89-538, Sec. 3(b), Aug. 14, 1966, 80 Stat. 348; Pub. L. 92-425, Sec. 5, Sept. 21, 1972, 86 Stat. 713; Pub. L. 96-76, title III, Sec. 312, Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-513, title V, Sec. 507(f)(2), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 99-117, Sec. 4, Oct. 7, 1985, 99 Stat. 492; Pub. L. 105-85, div. A, title VI, Sec. 653(a), Nov. 18, 1997, 111 Stat. 1804; Pub. L. 107-107, div. A, title VI, Sec. 653(a), Dec. 28, 2001, 115 Stat. 1153.) -REFTEXT- REFERENCES IN TEXT Sections 1374 and 1376(a) of title 10, referred to in subsec. (a)(3), were repealed by Pub. L. 103-337, div. A, title XVI, Sec. 1662(k)(2), (3)(A)(i), Oct. 5, 1994, 108 Stat. 3006. See sections 12771 to 12774 of Title 10, Armed Forces. Formula No. 3 of section 1401 of title 10, referred to in subsec. (a)(4), was struck from the table set forth in section 1401(a) of title 10 by Pub. L. 103-337, div. A, title XVI, Sec. 1662(j)(2), Oct. 5, 1994, 108 Stat. 3004. -COD- CODIFICATION Section was formerly classified to section 316 of title 37 prior to the general revision and enactment of Title 37, Pay and Allowances of the Uniformed Services, by Pub. L. 87-649, Sec. 1, Sept. 7, 1962, 76 Stat. 451. -MISC1- AMENDMENTS 2001 - Subsec. (a)(17). Pub. L. 107-107 added cl. (17). 1997 - Subsec. (a)(16). Pub. L. 105-85 added cl. (16). 1985 - Subsec. (a)(15). Pub. L. 99-117 added cl. (15). 1980 - Subsec. (a)(3). Pub. L. 96-513 inserted reference to section 1370 of title 10. 1979 - Subsec. (a)(12) to (14). Pub. L. 96-76 added cls. (12) to (14). 1972 - Subsec. (a)(5). Pub. L. 92-425 substituted "Retired Serviceman's Family Protection Plan; Survivor Benefit Plan" for "Annuities Based on Retired or Retainer Pay". 1966 - Subsec. (a)(11). Pub. L. 89-538 added cl. (11). 1964 - Subsec. (a)(10). Pub. L. 88-431 added cl. (10). 1963 - Subsec. (b). Pub. L. 88-132 inserted reference to Secretary of Defense. 1962 - Subsec. (a). Pub. L. 87-555 added cl. (9). Notwithstanding directory language that section be amended by "adding the following new clause at the end thereof", the amendment was executed to subsec. (a) to reflect the probable intent of Congress since the "new" clause was numbered "(9)" and subsec. (a) contained cls. (1) to (8). 1959 - Subsec. (a). Pub. L. 86-160 added cl. (1) and renumbered former cls. (1) to (7) as (2) to (8). 1958 - Subsec. (a). Pub. L. 85-861 substituted "provisions" for "chapters" in opening clause, struck out former cl. (1) which related to chapter 55 of title 10, renumbered former cls. (2) to (6) as (1) to (5), amended cl. (1), as renumbered, to make sections 1201 to 1203 of title 10, inapplicable to commissioned officers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days, inserted a reference to section 1374 of title 10 in cl. (2), as renumbered, struck out "Care of the Dead" after "Benefits" in cl. (5), as renumbered, and added cl. (6). EFFECTIVE DATE OF 1997 AMENDMENT Section 653(c) of Pub. L. 105-85 provided that: "The amendments made by this section [amending this section and former section 857a of Title 33, Navigation and Navigable Waters] shall apply only to adoptions that are completed on or after the date of the enactment of this Act [Nov. 18, 1997]." EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 of Pub. L. 88-132, set out as an Effective Date note under section 201 of Title 37, Pay and Allowances of the Uniformed Services. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- RULES AND REGULATIONS; SAVINGS DEPOSIT BENEFITS Regulations prescribed by the Secretary of Health, Education, and Welfare [now Health and Human Services] concerning savings deposit benefits for Public Health Service personnel to be prescribed jointly with regulations prescribed by the Secretaries concerned under section 1035 of Title 10, Armed Forces, see section 3(c) of Pub. L. 89-538, set out as a note under section 1035 of Title 10. BACK PAYMENTS: VALIDATION; APPLICATION; LIMITATIONS; ACCOUNTABILITY OF DISBURSING OFFICERS; REGULATIONS Transportation and travel allowances to escorts for dependents of members, see sections 4 to 7 of Pub. L. 86-160, set out as a note under section 1036 of Title 10, Armed Forces. DESIGNATION OF BENEFICIARY MADE BEFORE JANUARY 1, 1956 Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of section 4 of Pub. L. 85-861, which amended this section, see section 31 of Pub. L. 85-861, set out as a note under section 2771 of Title 10, Armed Forces. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 214 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 214. Presentation of United States flag upon retirement -STATUTE- (a) Presentation of flag Upon the release of an officer of the commissioned corps of the Service from active commissioned service for retirement, the Secretary of Health and Human Services shall present a United States flag to the officer. (b) Multiple presentations not authorized An officer is not eligible for presentation of a flag under subsection (a) of this section if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. (c) No cost to recipient The presentation of a flag under this section shall be at no cost to the recipient. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 213, as added Pub. L. 106- 65, div. A, title VI, Sec. 652(b), Oct. 5, 1999, 113 Stat. 665.) -MISC1- PRIOR PROVISIONS A prior section 214, acts July 1, 1944, ch. 373, title II, Sec. 213, 58 Stat. 689; Apr. 27, 1956, ch. 211, Sec. 2(a), 70 Stat. 116, authorized allowances for uniforms, prior to repeal by Pub. L. 87- 649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499. See section 415 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE Section applicable with respect to releases from service described in section on or after Oct. 1, 1999, see section 652(d) of Pub. L. 106-65, set out as a note under section 12605 of Title 10, Armed Forces. -End- -CITE- 42 USC Sec. 214a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 214a. Repealed. -MISC1- Sec. 214a. Repealed. Sept. 1, 1954, ch. 1211, Sec. 5, 68 Stat. 1130. Section, act July 31, 1953, ch. 296, title II, Sec. 204, 67 Stat. 257, related to allowances for use of taxicabs, etc., around duty posts. -End- -CITE- 42 USC Sec. 215 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 215. Detail of Service personnel -STATUTE- (a) Other Government departments The Secretary is authorized, upon the request of the head of an executive department, to detail officers or employees of the Service to such department for duty as agreed upon by the Secretary and the head of such department in order to cooperate in, or conduct work related to, the functions of such department or of the Service. When officers or employees are so detailed their salaries and allowances may be paid from working funds established as provided by law or may be paid by the Service from applicable appropriations and reimbursement may be made as agreed upon by the Secretary and the head of the executive department concerned. Officers detailed for duty with the Army, Air Force, Navy, or Coast Guard shall be subject to the laws for the government of the service to which detailed. (b) State health or mental health authorities Upon the request of any State health authority or, in the case of work relating to mental health, any State mental health authority, personnel of the Service may be detailed by the Surgeon General for the purpose of assisting such State or a political subdivision thereof in work related to the functions of the Service. (c) Congressional committees and nonprofit educational, research, or other institutions engaged in health activities for special studies and dissemination of information The Surgeon General may detail personnel of the Service to any appropriate committee of the Congress or to nonprofit educational, research (!1) or other institutions engaged in health activities for special studies of scientific problems and for the dissemination of information relating to public health. (d) Availability of funds; reimbursement by State; detailed services deemed service for computation of pay, promotion, etc. Personnel detailed under subsections (b) and (c) of this section shall be paid from applicable appropriations of the Service, except that, in accordance with regulations such personnel may be placed on leave without pay and paid by the State, subdivision, or institution to which they are detailed. In the case of detail of personnel under subsections (b) or (c) of this section to be paid from applicable Service appropriations, the Secretary may condition such detail on an agreement by the State, subdivision, or institution concerned that such State, subdivision, or institution concerned shall reimburse the United States for the amount of such payments made by the Service. The services of personnel while detailed pursuant to this section shall be considered as having been performed in the Service for purposes of the computation of basic pay, promotion, retirement, compensation for injury or death, and the benefits provided by section 213 of this title. (e) Commissioned Corps officers; urgent or emergency public health care needs Except with respect to the United States Coast Guard and the Department of Defense, and except as provided in agreements negotiated with officials at agencies where officers of the Commissioned Corps may be assigned, the Secretary shall have the sole authority to deploy any Commissioned Corps officer assigned under this section to an entity outside of the Department of Health and Human Services for service under the Secretary's direction in response to an urgent or emergency public health care need (as defined in section 204a(a)(5) of this title). -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 214, 58 Stat. 690; July 3, 1946, ch. 538, Sec. 6, 60 Stat. 423; Oct. 12, 1949, ch. 681, title V, Sec. 521(e), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III, Sec. 309, Sept. 29, 1979, 93 Stat. 585; Pub. L. 109-417, title II, Sec. 206(c)(1), Dec. 19, 2006, 120 Stat. 2853.) -COD- CODIFICATION In subsec. (a), Air Force was inserted on the authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, which established a separate Department of the Air Force, and Secretary of Defense Transfer Order No. 40 [App. A(74)], July 22, 1949, which transferred certain functions, insofar as they pertain to the Air Force, which were not previously transferred to the Department of the Air Force and Secretary of the Air Force. Section 207(a), (f) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 8010 to 8013 continued the Department of the Air Force under the administrative supervision of a Secretary of the Air Force. -MISC1- AMENDMENTS 2006 - Subsec. (e). Pub. L. 109-417 added subsec. (e). 1979 - Subsec. (c). Pub. L. 96-76, Sec. 309(a), inserted provisions authorizing detail of personnel to appropriate committees of Congress. Subsec. (d). Pub. L. 96-76, Sec. 309(b), inserted provisions relating to agreements by States, etc., for reimbursement upon detail of personnel. 1949 - Subsec. (d). Act Oct. 12, 1949, substituted "the computation of basic pay" for "longevity pay". 1946 - Subsec. (b). Act July 3, 1946, provided for detail of personnel on request from a State mental health authority. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -MISC2- TRANSFERS OF PERSONNEL OCCASIONED BY CREATION OF THE ENVIRONMENTAL PROTECTION AGENCY Pub. L. 91-604, Sec. 15(b)(1)-(8)(A), Dec. 31, 1970, 84 Stat. 1710-1712, as amended by Pub. L. 112-81, div. A, title VI, Sec. 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465, provided that: "(1) Subject to such requirements as the Civil Service Commission may prescribe, any commissioned officer of the Public Health Service (other than an officer who retires under section 211 of the Public Health Service Act [section 212 of this title] after his election but prior to his transfer pursuant to this paragraph and paragraph (2)) who, upon the day before the effective date of Reorganization Plan Numbered 3 of 1970 (hereinafter in this subsection referred to as the 'plan'), is serving as such officer (A) primarily in the performance of functions transferred by such plan to the Environmental Protection Agency or its Administrator (hereinafter in this subsection referred to as the 'Agency' and the 'Administrator,' respectively), may, if such officer so elects, acquire competitive status and be transferred to a competitive position in the Agency; or (B) primarily in the performance of functions determined by the Secretary of Health, Education, and Welfare (hereinafter in this subsection referred to as the 'Secretary') to be materially related to the functions so transferred, may, if authorized by agreement between the Secretary and the Administrator, and if such officer so elects, acquire such status and be so transferred. "(2) An election pursuant to paragraph (1) shall be effective only if made in accordance with such procedures as may be prescribed by the Civil Service Commission (A) before the close of the 24th month after the effective date of the plan [Dec. 2, 1970], or (B) in the case of a commissioned officer who would be liable for training and service under the Military Selective Service Act of 1967 [section 451 et seq. of Title 50, App., War and National Defense] but for the operation of section 6(b)(3) thereof (50 U.S.C. App. 456(b)(3)), before (if it occurs later than the close of such 24th month) the close of the 90th day after the day upon which he has completed his 24th month of service as such officer. "(3)(A) Except as provided in subparagraph (B), any commissioned officer of the Public Health Service who, pursuant to paragraphs (1) and (2), elects to transfer to a position in the Agency which is subject to chapter 51 and subchapter III of chapter 53 of title 5, United States Code (hereinafter in this subsection referred to as the 'transferring officer'), shall receive a pay rate of the General Schedule grade of such position which is not less than the sum of the following amounts computed as of the day preceding the date of such election: "(i) the basic pay, the special pay, the continuation pay, and the subsistence and quarters allowances, to which he is annually entitled as a commissioned officer of the Public Health Service pursuant to title 37, United States Code; "(ii) the amount of Federal income tax, as determined by estimate of the Secretary, which the transferring officer, had he remained a commissioned officer, would have been required to pay on his subsistence and quarters allowances for the taxable year then current if they had not been tax free; "(iii) an amount equal to the biweekly average cost of the coverages designated 'high option, self and family' under the Government-wide Federal employee health benefits programs plans, multiplied by twenty-six; and "(iv) an amount equal to 7 per centum of the sum of the amounts determined under clauses (i) through (iii), inclusive. "(B) A transferring officer shall in no event receive, pursuant to subparagraph (A), a pay rate in excess of the maximum rate applicable under the General Schedule to the class of position, as established under chapter 51 of title 5, United States Code, to which such officer is transferred pursuant to paragraphs (1) and (2). "(4)(A) A transferring officer shall be credited, on the day of his transfer pursuant to his election under paragraphs (1) and (2), with one hour of sick leave for each week of active service, as defined by section 211(d) of the Public Health Service Act [section 212(d) of this title]. "(B) The annual leave to the credit of a transferring officer on the day before the day of his transfer, shall, on such day of transfer, be transferred to his credit in the Agency on an adjusted basis under regulations prescribed by the Civil Service Commission. The portion of such leave, if any, that is in excess of the sum of (i) 240 hours, and (ii) the number of hours that have accrued to the credit of the transferring officer during the calendar year then current and which remain unused, shall thereafter remain to his credit until used, and shall be reduced in the manner described by subsection (c) of section 6304 of title 5, United States Code. "(5) A transferring officer who is required to change his official station as a result of his transfer under this subsection shall be paid such travel, transportation, and related expenses and allowances, as would be provided pursuant to subchapter II of chapter 57 of title 5, United States Code, in the case of a civilian employee so transferred in the interest of the Government. Such officer shall not (either at the time of such transfer or upon a subsequent separation from the competitive service) be deemed to have separated from, or changed permanent station within, a uniformed service for purposes of section 474 of title 37, United States Code. "(6) Each transferring officer who prior to January 1, 1958, was insured pursuant to the Federal Employees' Group Life Insurance Act of 1954, and who subsequently waived such insurance, shall be entitled to become insured under chapter 87 of title 5, United States Code, upon his transfer to the Agency regardless of age and insurability. "(7)(A) Effective as of the date a transferring officer acquires competitive status as an employee of the Agency, there shall be considered as the civilian service of such officer for all purposes of chapter 83, title 5, United States Code, (i) his active service as defined by section 211(d) of the Public Health Service Act [section 212(d) of this title], or (ii) any period for which he would have been entitled, upon his retirement as a commissioned officer of the Public Health Service, to receive retired pay pursuant to section 211(a)(4)(B) of such Act [section 212(a)(4)(B) of this title]; however, no transferring officer may become entitled to benefits under both subchapter III of such chapter and title II of the Social Security Act [section 401 et seq. of this title] based on service as such a commissioned officer performed after 1956, but the individual (or his survivors) may irrevocably elect to waive benefit credit for the service under one such law to secure credit under the other. "(B) A transferring officer on whose behalf a deposit is required to be made by subparagraph (C) and who, after transfer to a competitive position in the Agency under paragraphs (1) and (2), is separated from Federal service or transfers to a position not covered by subchapter III of chapter 83 of title 5, United States Code, shall not be entitled, nor shall his survivors be entitled, to a refund of any amount deposited on his behalf in accordance with this section. In the event he transfers, after transfer under paragraphs (1) and (2), to a position covered by another Government staff requirement system under which credit is allowable for service with respect to which a deposit is required under subparagraph (C), no credit shall be allowed under such subchapter III with respect to such service. "(C) The Secretary shall deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, on behalf of and to the credit of such transferring officer, an amount equal to that which such individual would be required to deposit in such fund to cover the years of service credited to him for purposes of his retirement under subparagraph (A), had such service been service as an employee as defined in section 8331(1) of title 5, United States Code. The amount so required to be deposited with respect to any transferring officer shall be computed on the basis of the sum of each of the amounts described in paragraph (3)(A) which were received by, or accrued to the benefit of, such officer during the years so credited. The deposits which the Secretary is required to make under this subparagraph with respect to any transferring officer shall be made within two years after the date of his transfer as provided in paragraphs (1) and (2), and the amounts due under this subparagraph shall include interest computed from the period of service credited to the date of payment in accordance with section 8334(e) of title 5, United States Code. "(8)(A) A commissioned officer of the Public Health Service, who, upon the day before the effective date of the plan, is on active service therewith primarily assigned to the performance of functions described in paragraph (1)(A), shall, while he remains in active service, as defined by section 211(d) of the Public Health Service Act [section 212(d) of this title], be assigned to the performance of duties with the Agency, except as the Secretary and the Administrator may jointly otherwise provide." [Amendment by Pub. L. 112-81 to section 15(b)(5) of Pub. L. 91- 604, set out above, was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.] -FOOTNOTE- (!1) So in original. Probably should be followed by a comma. -End- -CITE- 42 USC Sec. 216 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 216. Regulations -STATUTE- (a) Prescription by President: appointments, retirement, etc. The President shall from time to time prescribe regulations with respect to the appointment, promotion, retirement, termination of commission, titles, pay, uniforms, allowances (including increased allowances for foreign service), and discipline of the commissioned corps of the Service. (b) Promulgation by Surgeon General; administration of Service The Surgeon General, with the approval of the Secretary, unless specifically otherwise provided, shall promulgate all other regulations necessary to the administration of the Service, including regulations with respect to uniforms for employees, and regulations with respect to the custody, use, and preservation of the records, papers, and property of the Service. (c) Preference to school of medicine No regulation relating to qualifications for appointment of medical officers or employees shall give preference to any school of medicine. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 215, 58 Stat. 690; Oct. 12, 1949, ch. 681, title V, Sec. 521(f), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) -MISC1- AMENDMENTS 1949 - Subsec. (b). Act Oct. 12, 1949, struck out references to travel and transportation of household goods and effects. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, January 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -End- -CITE- 42 USC Sec. 217 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 217. Use of Service in time of war or emergency -STATUTE- In time of war, or of emergency proclaimed by the President, he may utilize the Service to such extent and in such manner as shall in his judgment promote the public interest. In time of war, or of emergency involving the national defense proclaimed by the President, he may by Executive order declare the commissioned corps of the Service to be a military service. Upon such declaration, and during the period of such war or such emergency or such part thereof as the President shall prescribe, the commissioned corps (a) shall constitute a branch of the land and naval forces of the United States, (b) shall, to the extent prescribed by regulations of the President, be subject to the Uniform Code of Military Justice [10 U.S.C. 801 et seq.], and (c) shall continue to operate as part of the Service except to the extent that the President may direct as Commander in Chief. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 216, 58 Stat. 690; Apr. 27, 1956, ch. 211, Sec. 1, 70 Stat. 116.) -REFTEXT- REFERENCES IN TEXT The Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (Sec. 801 et seq.) of Title 10, Armed Forces. -MISC1- AMENDMENTS 1956 - Act Apr. 27, 1956, empowered President to declare commissioned corps of the Service to be a military service in time of emergency involving national defense, and substituted "the Uniform Code of Military Justice" for "the Articles of War and to the Articles for the Government of the Navy". REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal shall take effect as of June 16, 1952, by section 7 of said Joint Res. July 3, 1952. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -EXEC- EXECUTIVE ORDER NO. 9575 Ex. Ord. No. 9575, eff. June 28, 1945, 10 F.R. 7895, which declared the Commissioned Corps of the Public Health Service to be a military service subject to the Articles for the Government of the Navy as therein prescribed, was superseded by Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769. EXECUTIVE ORDER NO. 10349 Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769, superseded Ex. Ord. No. 9575, and subjected the Commissioned Corps of the Public Health Service to the provisions of the Uniform Code of Military Justice until June 1, 1952. EXECUTIVE ORDER NO. 10356 Ex. Ord. No. 10356, eff. June 2, 1952, 17 F.R. 4967, amended Ex. Ord. No. 10349, and extended from June 1, 1952, to June 15, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the provisions of the Uniform Code of Military justice. EXECUTIVE ORDER NO. 10362 Ex. Ord. No. 10362, eff. June 14, 1952, 17 F.R. 5413, amended Ex. Ord. No. 10356, and extended from June 15, 1952, to June 30, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the Uniform Code of Military Justice. EXECUTIVE ORDER NO. 10367 Ex. Ord. No. 10367, eff. June 30, 1952, 17 F.R. 5929, amended Ex. Ord. No. 10362, and extended from June 30, 1952, to July 3, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the Uniform Code of Military Justice. -End- -CITE- 42 USC Sec. 217a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 217a. Advisory councils or committees -STATUTE- (a) Appointment; purpose The Secretary may, without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, from time to time, appoint such advisory councils or committees (in addition to those authorized to be established under other provisions of law), for such periods of time, as he deems desirable with such period commencing on a date specified by the Secretary for the purpose of advising him in connection with any of his functions. (b) Compensation and allowances of members not full-time employees of United States Members of any advisory council or committee appointed under this section who are not regular full-time employees of the United States shall, while attending meetings or conferences of such council or committee or otherwise engaged on business of such council or committee receive compensation and allowances as provided in section 210(c) of this title for members of national advisory councils established under this chapter. (c) Delegation of functions Upon appointment of any such council or committee, the Secretary may delegate to such council or committee such advisory functions relating to grants-in-aid for research or training projects or programs, in the areas or fields with which such council or committee is concerned, as the Secretary determines to be appropriate. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 222, as added Pub. L. 87- 838, Sec. 3, Oct. 17, 1962, 76 Stat. 1073; amended Pub. L. 91-515, title VI, Sec. 601(a)(3), (c), Oct. 30, 1970, 84 Stat. 1310, 1311; Pub. L. 99-158, Sec. 3(a)(4), Nov. 20, 1985, 99 Stat. 879.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. -MISC1- AMENDMENTS 1985 - Subsec. (c). Pub. L. 99-158 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "Upon appointment of any such council or committee, the Surgeon General, with the approval of the Secretary, may transfer such of the functions of the National Advisory Health Council relating to grants-in-aid for research or training projects or programs in the areas or fields with which such council or committee is concerned as he determines to be appropriate." 1970 - Subsec. (a). Pub. L. 91-515, Sec. 601(c)(1), substituted provisions authorizing the Secretary to appoint advisory councils or committees without regard to specified provisions governing appointments in the competitive service and relating to classification and General Schedule pay rates, for provisions authorizing the Surgeon General to appoint advisory committees without regard to the civil service laws and subject to the Secretary's approval in such cases as he prescribed. Subsec. (b). Pub. L. 91-515, Sec. 601(a)(3), inserted "council or" before "committee" wherever appearing. Subsec. (c). Pub. L. 91-515, Sec. 601(a)(3), (c)(2), inserted "council or" before "committee" wherever appearing, and "or programs" after "projects". -TRANS- TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- TERMINATION OF ADVISORY COMMITTEES; REPORT BY SECRETARY TO CONGRESSIONAL COMMITTEES RELATING TO TERMINATION Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, provided that: "(a) An advisory committee established by or pursuant to the Public Health Service Act [section 201 et seq. of this title], the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 [sections 2689 et seq. and 6001 et seq. of this title], or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [section 4541 et seq. of this title] shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after the date of the enactment of this Act [Jan. 4, 1975]. "(b) The Secretary of Health, Education, and Welfare shall report, within one year after the date of the enactment of the Act [Jan. 4, 1975], to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (1) the purpose and use of each advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and (2) his recommendations respecting the termination of each such advisory committee." -End- -CITE- 42 USC Sec. 217a-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 217a-1. Advisory committees; prohibition of consideration of political affiliations -STATUTE- All appointments to advisory committees established to assist in implementing the Public Health Service Act [42 U.S.C. 201 et seq.],(!1) and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [42 U.S.C. 4541 et seq.], shall be made without regard to political affiliation. -SOURCE- (Pub. L. 94-278, title X, Sec. 1001, Apr. 22, 1976, 90 Stat. 415; Pub. L. 111-256, Sec. 2(e), Oct. 5, 2010, 124 Stat. 2643.) -REFTEXT- REFERENCES IN TEXT The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to this chapter (Sec. 201 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, referred to in text, is Pub. L. 91-616, Dec. 31, 1970, 84 Stat. 1848, as amended, which is classified principally to chapter 60 (Sec. 4541 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4541 of this title and Tables. -COD- CODIFICATION Section was not enacted as a part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 2010 - Pub. L. 111-256 struck out "the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963," after "Public Health Service Act,". -FOOTNOTE- (!1) So in original. The comma probably should not appear. -End- -CITE- 42 USC Sec. 217b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 217b. Volunteer services -STATUTE- Subject to regulations, volunteer and uncompensated services may be accepted by the Secretary, or by any other officer or employee of the Department of Health and Human Services designated by him, for use in the operation of any health care facility or in the provision of health care. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 223, as added Pub. L. 90- 174, Sec. 6, Dec. 5, 1967, 81 Stat. 539; amended Pub. L. 103-43, title XX, Sec. 2008(h), June 10, 1993, 107 Stat. 212.) -MISC1- AMENDMENTS 1993 - Pub. L. 103-43 substituted "Health and Human Services" for "Health, Education, and Welfare". -End- -CITE- 42 USC Sec. 218 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 218. National Advisory Councils on Migrant Health -STATUTE- (a) Appointment; duties Within 120 days of July 29, 1975, the Secretary shall appoint and organize a National Advisory Council on Migrant Health (hereinafter in this subsection referred to as the "Council") which shall advise, consult with, and make recommendations to, the Secretary on matters concerning the organization, operation, selection, and funding of migrant health centers and other entities under grants and contracts under section 254b (!1) of this title. (b) Membership The Council shall consist of fifteen members, at least twelve of whom shall be members of the governing boards of migrant health centers or other entities assisted under section 254b (!1) of this title. Of such twelve members who are members of such governing boards, at least nine shall be chosen from among those members of such governing boards who are being served by such centers or grantees and who are familiar with the delivery of health care to migratory agricultural workers and seasonal agricultural workers. The remaining three Council members shall be individuals qualified by training and experience in the medical sciences or in the administration of health programs. (c) Terms of office Each member of the Council shall hold office for a term of four years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (2) the terms of the members first taking office after July 29, 1975, shall expire as follows: four shall expire four years after such date, four shall expire three years after such date, four shall expire two years after such date, and three shall expire one year after such date, as designated by the Secretary at the time of appointment. (d) Applicability of section 14(a) of Federal Advisory Committee Act Section 14(a) of the Federal Advisory Committee Act shall not apply to the Council. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 217, 58 Stat. 691; July 3, 1946, ch. 538, Sec. 5(b)-(d), 60 Stat. 422; June 16, 1948, ch. 481, Secs. 4(a)-(c), 6(b), 62 Stat. 467, 469; June 24, 1948, ch. 621, Sec. 4(a)-(c), 62 Stat. 600; Aug. 15, 1950, ch. 714, Sec. 3(a)-(d), 64 Stat. 446; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 91-515, title VI, Sec. 601(a)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 91-616, title IV, Sec. 401, Dec. 31, 1970, 84 Stat. 1853; Pub. L. 92-157, title III, Sec. 301(b), Nov. 18, 1971, 85 Stat. 463; Pub. L. 92-218, Sec. 6(a)(1), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-255, title V, Sec. 502(a), Mar. 21, 1972, 86 Stat. 85; Pub. L. 92-423, Sec. 7(a), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-348, title II, Sec. 211(a), July 12, 1974, 88 Stat. 351; Pub. L. 94-63, title IV, Sec. 401(b), July 29, 1975, 89 Stat. 341; Pub. L. 94-371, Sec. 9, July 26, 1976, 90 Stat. 1040; Pub. L. 95-622, title III, Sec. 302(b), Nov. 9, 1978, 92 Stat. 3442; Pub. L. 95-626, title I, Sec. 102(b)(1), Nov. 10, 1978, 92 Stat. 3551; Pub. L. 96-180, Sec. 13, Jan. 2, 1980, 93 Stat. 1304; Pub. L. 96-181, Sec. 14, Jan. 2, 1980, 93 Stat. 1315; Pub. L. 98-24, Sec. 2(a)(2), Apr. 26, 1983, 97 Stat. 176; Pub. L. 98-509, title III, Sec. 302, Oct. 19, 1984, 98 Stat. 2364; Pub. L. 99-158, Sec. 3(a)(2), (3), Nov. 20, 1985, 99 Stat. 878, 879; Pub. L. 99-570, title IV, Sec. 4004(c), Oct. 27, 1986, 100 Stat. 3207-111; Pub. L. 99-660, title III, Sec. 311(b)(1), Nov. 14, 1986, 100 Stat. 3779.) -REFTEXT- REFERENCES IN TEXT Section 254b of this title, referred to in subsecs. (a) and (b), was in the original a reference to section 329, meaning section 329 of act July 1, 1944, which was omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of subchapter II of this chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Section 2 of Pub. L. 104-299 enacted a new section 330 of act July 1, 1944, which is classified to section 254b of this title. Section 14(a) of the Federal Advisory Committee Act, referred to in subsec. (d), is section 14(a) of Pub. L. 92-463, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1986 - Pub. L. 99-570 redesignated former subsec. (e)(1) to (4) as subsecs. (a) to (d), respectively, in subsec. (c), further redesignated former cls. (A) and (B) as (1) and (2), respectively, and struck out former subsecs. (a) to (d), which related, respectively, to composition, qualifications, appointment and tenure of the National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism; duties of the National Advisory Mental Health Council; duties of the National Advisory Council on Alcohol Abuse and Alcoholism; and the composition, qualifications, and duties of the National Advisory Council on Drug Abuse. Subsec. (c). Pub. L. 99-660 which directed that "section 300cc of this title" be substituted for "section 300aa of this title" could not be executed because the reference in question appeared in former subsec. (c) which was repealed by Pub. L. 99-570. 1985 - Subsec. (a). Pub. L. 99-158, Sec. 3(a)(2)(A), in first sentence substituted "National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism" for "National Advisory Health Council, the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Dental Research Council", and substituted "by the Secretary" for "by the Surgeon General with the approval of the Secretary of Health, Education, and Welfare". Pub. L. 99-158, Sec. 3(a)(2)(B)(i), in second sentence struck out "in the case of the National Advisory Health Council, are skilled in the sciences related to health, and" after "scientific authorities who,". Pub. L. 99-158, Sec. 3(a)(2)(B)(ii), which directed the substitution in second sentence of "the National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism" for "the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, the National Advisory Heart Council, and the National Advisory Dental Research Council" was executed by making the substitution for "the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Dental Research Council" as the probable intent of Congress in view of the prior deletion of "the National Advisory Heart Council," by Pub. L. 92-423. See 1972 Amendment note below. Pub. L. 99-158, Sec. 3(a)(2)(B)(iii), in second sentence substituted "and alcohol abuse and alcoholism" for ", alcohol abuse and alcoholism, and dental diseases and conditions". Pub. L. 99-158, Sec. 3(a)(2)(C), struck out third sentence which provided that in the case of the National Advisory Dental Research Council, four of the six members selected from among the leading medical or scientific authorities be dentists. Subsec. (b). Pub. L. 99-158, Sec. 3(a)(3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to the duties of the National Advisory Health Council. Subsecs. (c) to (e), (g). Pub. L. 99-158, Sec. 3(a)(3), redesignated subsecs. (d), (e), and (g) as (c), (d), and (e), respectively. 1984 - Subsec. (a). Pub. L. 98-509 inserted provision requiring the Secretary to assure that the membership of the National Advisory Council on Alcohol Abuse and Alcoholism is broadly representative of experts in the fields of prevention, research, and treatment of alcohol abuse, alcoholism, and rehabilitation of alcohol abusers. 1983 - Subsecs. (c), (d). Pub. L. 98-24 substituted "section 300aa of this title" for "section 219 of this title". 1980 - Subsec. (a). Pub. L. 96-180 authorized appointees to serve after the expiration of their terms until their successors have taken office. Subsec. (e)(1). Pub. L. 96-181, in provisions relating to the eligibility for selection of members, inserted officers or employees of State and local drug abuse agencies, and inserted provision that appointed members may serve after the expiration of their terms until their successors have taken office. 1978 - Subsec. (f). Pub. L. 95-622 struck out subsec. (f) which related to the establishment of a National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research. Subsec. (g)(1), (2). Pub. L. 95-626 substituted "section 254b" for "section 247d". 1976 - Subsec. (d). Pub. L. 94-371 inserted provision that the Council advise the Secretary regarding policies and priorities with respect to grants and contracts in the field of alcohol abuse and alcoholism. 1975 - Subsec. (g). Pub. L. 94-63 added subsec. (g). 1974 - Subsec. (f). Pub. L. 93-348 added subsec. (f). 1972 - Subsec. (a). Pub. L. 92-423, Sec. 7(a)(1), (2), struck out "the National Advisory Heart Council," after "the National Advisory Council on Alcohol Abuse and Alcoholism" in two places and "heart diseases," after "alcohol abuse and alcoholism,", respectively. Subsec. (b). Pub. L. 92-423, Sec. 7(a)(2), struck out "heart," after "alcohol abuse and alcoholism,". Subsec. (e). Pub. L. 92-255 added subsec. (e). 1971 - Subsec. (a). Pub. L. 92-218, Sec. 6(a)(1)(A), (B), struck out reference to National Advisory Cancer Council before National Advisory Mental Health Council in two places and struck out "cancer," before "psychiatric disorders". Pub. L. 92-157 substituted "National Advisory Council on Alcohol Abuse and Alcoholism" for "National Advisory Council on Alcoholic Abuse and Alcoholism" in second sentence. Subsec. (b). Pub. L. 92-218, Sec. 6(a)(1)(B), struck out "cancer," before "mental health" in listing of various diseases. 1970 - Subsec. (a). Pub. L. 91-616, Sec. 401(a), made subsection applicable to National Advisory Council on Alcohol Abuse and Alcoholism, and inserted alcohol abuse and alcoholism to enumeration of diseases concerning which members of such Council must be skilled, and prescribed manner in which terms of members of Council would expire. Subsec. (b). Pub. L. 91-616, Sec. 401(b), inserted reference to National Advisory Council on Alcohol Abuse and Alcoholism authorizing the Surgeon General to utilize the services of members of such Council for additional periods. Pub. L. 91-515 inserted "or committees" after "councils". Subsec. (d). Pub. L. 91-616, Sec. 401(c), added subsec. (d). 1950 - Act Aug. 15, 1950, Sec. 3(d), amended section catchline to reflect addition of new advisory councils. Subsec. (a). Act Aug. 15, 1950, Sec. 3(a), applied provisions to all of the advisory councils with regard to composition, qualifications, and appointment and tenure of members. Subsec. (b). Act Aug. 15, 1950, Sec. 3(b), made subsection also applicable to new advisory councils. Subsec. (c). Act Aug. 15, 1950, Sec. 3(c), redesignated subsec. (e) as (c) and repealed former subsec. (c). Subsecs. (d), (f), (g). Act. Aug. 15, 1950, Sec. 3(c), repealed subsecs. (d), (f), and (g). 1948 - Acts June 16, 1948, Sec. 4(c), and June 24, 1948, Sec. 4(c), included in section catchline the National Advisory Heart and Dental Research Councils, respectively. Subsec. (a). Act June 16, 1948, Sec. 6(b), substituted "National Institutes of Health" for "National Institute of Health" in second sentence. Subsec. (b). Acts June 16, 1948, Sec. 4(b), and June 24, 1948, Sec. 4(b), made subsection applicable to the National Advisory Heart Council and the National Advisory Dental Research Council, respectively. Subsec. (f). Act June 16, 1948, Sec. 4(a), added subsec. (f) which established the National Advisory Heart Council. Subsec. (g). Act June 24, 1948, Sec. 4(a), added subsec. (g) which established the National Advisory Dental Research Council. 1946 - Act July 3, 1946, inserted "Mental Health" in section catchline. Subsec. (b). Act July 3, 1946, inserted "or of the National Advisory Mental Health Council". Subsecs. (d), (e). Act July 3, 1946, added subsecs. (d) and (e). EFFECTIVE DATE OF 1978 AMENDMENT Section 302(b) of Pub. L. 95-622 provided that the amendment made by that section is effective Nov. 1, 1978. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-63 effective July 1, 1975, see section 608 of Pub. L. 94-63, set out as a note under section 247b of this title. EFFECTIVE DATE OF 1974 AMENDMENT Section 211(b) of Pub. L. 93-348, as amended by Pub. L. 94-278, title III, Sec. 301(b), Apr. 22, 1976, 90 Stat. 407; Pub. L. 94- 573, Sec. 18(b), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95-203, Sec. 5(b), Nov. 23, 1977, 91 Stat. 1454, provided that: "The amendment made by subsection (a) [amending this section] shall take effect November 1, 1978." EFFECTIVE DATE OF 1972 AMENDMENT Section 9 of Pub. L. 92-423 provided that: "This Act and the amendments made by this Act [see Short Title of 1972 Amendment note under section 201 of this title] shall take effect sixty days after the date of enactment of this Act [Sept. 19, 1972] or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register." EFFECTIVE DATE OF 1971 AMENDMENT Section 7 of Pub. L. 92-218 provided that: "(a) This Act and the amendments made by this Act [enacting sections 286a to 286g and 289l of this title, amending this section and sections 241, 282, 283, and 284 of this title, and enacting provisions set out as notes under sections 281 and 286 of this title] shall take effect sixty days after the date of enactment of this Act [Dec. 23, 1971] or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register. "(b) The first sentence of section 454 of the Public Health Service Act [section 289l of this title] (added by section 5 of this Act) shall apply only with respect to appointments made after the effective date of this Act (as prescribed by subsection (a)). "(c) Notwithstanding the provisions of subsection (a), members of the National Cancer Advisory Board (authorized under section 410B of the Public Health Service Act, as added by this Act) [section 286f of this title] may be appointed, in the manner provided for in such section, at any time after the date of enactment of this Act [Dec. 23, 1971]. Such officers shall be compensated from the date they first take office, at the rates provided for in such section 410B [section 286f of this title]." EFFECTIVE DATE OF 1950 AMENDMENT Section 3(a), (c) of act Aug. 15, 1950, provided that the amendments and repeals made by that section are effective Oct. 1, 1950. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. For transfer of certain membership functions, insofar as they pertain to the Air Force, which functions were not previously transferred from Secretary of the Army to Secretary of the Air Force and from Department of the Army to Department of the Air Force, see Secretary of Defense Transfer Order No. 40 [App. C(7)], July 22, 1949. -MISC2- REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REFERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104-299, set out as a note under section 254b of this title. EXPIRATION OF TERMS OF OFFICE ON SEPTEMBER 30, 1950 Section 3(c) of act Aug. 15, 1950, provided in part that terms of office as members of national advisory councils pursuant to this section subsisting on Sept. 30, 1950, shall expire at the close of business on such day. TERMINATION OF NATIONAL ADVISORY HEALTH COUNCIL Section 3(a)(1) of Pub. L. 99-158 provided that: "The National Advisory Health Council established under section 217 [this section] is terminated." TERMINATION OF ADVISORY COMMITTEES Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 218a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 218a. Training of officers -STATUTE- (a) In general Appropriations available for the pay and allowances of commissioned officers of the Service shall also be available for the pay and allowances of any such officer on active duty while attending any Federal or non-Federal educational institution or training program and, subject to regulations of the President and to the limitation prescribed in such appropriations, for payment of his tuition, fees, and other necessary expenses incident to such attendance. (b) Voluntary separation within period subsequent to attendance Any officer whose tuition, fees, and other necessary expenses are paid pursuant to subsection (a) of this section while attending an educational institution or training program for a period in excess of thirty days shall be obligated to pay to the Service an amount equal to two times the total amount of such tuition, fees, and other necessary expenses received by such officer during such period, and two times the total amount of any compensation received by, and any allowance paid to, such officer during such period, if after return to active service such officer voluntarily leaves the Service within (1) six months, or (2) twice the period of such attendance, whichever is greater. Such subsequent period of service shall commence upon the cessation of such attendance and of any further continuous period of training duty for which no tuition and fees are paid by the Service and which is part of the officer's prescribed formal training program, whether such further training is at a Service facility or otherwise. The Surgeon General may waive, in whole or in part, any payment which may be required by this subsection upon a determination that such payment would be inequitable or would not be in the public interest. (c) Training in leave without pay status A commissioned officer may be placed in leave without pay status while attending an educational institution or training program whenever the Secretary determines that such status is in the best interest of the Service. For purposes of computation of basic pay, promotion, retirement, compensation for injury or death, and the benefits provided by sections 213 and 233 of this title, an officer in such status pursuant to the preceding sentence shall be considered as performing service in the Service and shall have an active service obligation as set forth in subsection (b) of this section. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 218, as added Feb. 28, 1948, ch. 83, Sec. 8, 62 Stat. 47; amended Apr. 27, 1956, ch. 211, Sec. 6, 70 Stat. 117; Pub. L. 96-76, title III, Sec. 310, Sept. 29, 1979, 93 Stat. 585; Pub. L. 105-392, title IV, Sec. 402(b), Nov. 13, 1998, 112 Stat. 3588.) -MISC1- AMENDMENTS 1998 - Subsec. (c). Pub. L. 105-392 added subsec. (c). 1979 - Subsec. (b). Pub. L. 96-76 substituted provisions relating to payment by an officer to the Service upon voluntary separation of two times the total amount of tuition, fees, and other necessary expenses received by such officer and two times the total amount of any compensation received by, and any allowance paid to, such officer, for provisions relating to reimbursement by the officer to the Service upon voluntary separation of tuition and fees and in last sentence substituted "payment" for "reimbursement" wherever appearing. 1956 - Subsec. (a). Act Apr. 27, 1956, Sec. 6(a), authorized training of all officers of the Service, and substituted "any Federal or non-Federal educational institution or training program" for "any educational institution". Subsec. (b). Act Apr. 27, 1956, Sec. 6(b), required reimbursement of tuition and fees by officers who receive training in excess of 30 days and who voluntarily leave the Service within a period of time which is equal to twice the period of such training, with a minimum period of six months of service, and a maximum period of two years, and permitted the Surgeon General to waive any reimbursement. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -End- -CITE- 42 USC Secs. 219 to 224 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Secs. 219 to 224. Transferred -COD- CODIFICATION Section 219, acts July 1, 1944, ch. 373, title V, Sec. 501, 58 Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 15, 1968, Pub. L. 90-574, title V, Sec. 503(b), 82 Stat. 1012; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, which related to gifts for the benefit of the Service, was successively renumbered by subsequent acts and transferred, see section 238 of this title. Section 220, act July 1, 1944, ch. 373, title V, Sec. 502, 58 Stat. 710, which related to use of immigration station hospitals, was successively renumbered by subsequent acts and transferred, see section 238a of this title. Section 221, act July 1, 1944, ch. 373, title V, Sec. 503, 58 Stat. 710, which related to disposition of money collected for care of patients, was successively renumbered by subsequent acts and transferred, see section 238b of this title. Section 222, acts July 1, 1944, ch. 373, title V, Sec. 504, 58 Stat. 710, June 25, 1948, ch. 654, Sec. 6, 62 Stat. 1018; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to care of Service patients at Saint Elizabeths Hospital, was renumbered section 2104 of act July 1, 1944, by Pub. L. 98-24 and transferred to section 300aa-3 of this title, renumbered section 2304 of act July 1, 1944, by Pub. L. 99- 660 and transferred to section 300cc-3 of this title, and was repealed by Pub. L. 98-621, Sec. 10(s), Nov. 8, 1984, 98 Stat. 3381. Section 223, act July 1, 1944, ch. 373, title V, Sec. 505, 58 Stat. 710; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to settlement of claims, was renumbered section 2105 of act July 1, 1944, by Pub. L. 98-24 and transferred to section 300aa-4 of this title, and was repealed by Pub. L. 99-117, Sec. 12(f), Oct. 7, 1985, 99 Stat. 495. See section 300cc-4 of this title. Section 224, acts July 1, 1944, ch. 373, title V, Sec. 506, 58 Stat. 710; July 15, 1954, ch. 507, Sec. 14(b), 68 Stat. 481, which related to transportation of remains of officers, was successively renumbered by subsequent acts and transferred, see section 238c of this title. A new title V (Sec. 501 et seq.) of the Public Health Service Act was added by Pub. L. 98-24, Sec. 2(b), Apr. 26, 1983, 97 Stat. 177, and is classified to subchapter III-A (Sec. 290aa et seq. of this title). -End- -CITE- 42 USC Sec. 225 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 225. Repealed. -MISC1- Sec. 225. Repealed. July 12, 1955, ch. 328, Sec. 5(4), 69 Stat. 296. Section, acts July 1, 1944, ch. 373, title V, Sec. 507, 58 Stat. 711; Feb. 25, 1946, ch. 35, Sec. 2, 60 Stat. 30, provided for settlement of accounts of deceased officers. See section 2771 of Title 10, Armed Forces, and section 714 of Title 32, National Guard. EFFECTIVE DATE OF REPEAL Repeal effective as of effective date of payment provisions of sections 361 to 365 of former Title 37, Pay and Allowances, except with respect to the deaths of members, see section 5 of act July 12, 1955. -End- -CITE- 42 USC Secs. 225a to 227 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Secs. 225a to 227. Transferred -COD- CODIFICATION Section 225a, act July 1, 1944, ch. 373, title V, Sec. 507, as added June 24, 1967, Pub. L. 90-31, Sec. 5, 81 Stat. 79; amended Oct. 27, 1970, Pub. L. 91-513, title I, Sec. 3(c), 84 Stat. 1241; Apr. 22, 1976, Pub. L. 94-278, title XI, Sec. 1102(b), 90 Stat. 415; Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec. 804(b), 94 Stat. 1603; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(2), 95 Stat. 560, which related to availability of appropriations for grants to Federal institutions, was successively renumbered by subsequent acts and transferred, see section 238d of this title. A prior section 507 of act July 1, 1944, ch. 373, title V, providing for settlement of accounts of deceased officers, was classified to section 225 of this title and subsequently repealed. Section 226, act July 1, 1944, ch. 373, title V, Sec. 508, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, which related to transfer of funds between appropriations, was successively renumbered by subsequent acts and transferred, see section 238e of this title. Section 227, acts July 1, 1944, ch. 373, title V, Sec. 509 58 Stat. 711; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; June 25, 1948, ch. 654, Sec. 7, 62 Stat. 1018; Reorg. Plan No. 1 of 1953 Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to availability of appropriations for carrying out purposes of this chapter, was successively renumbered by subsequent acts and transferred, see section 238f of this title. -End- -CITE- 42 USC Sec. 227a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 227a. Omitted -COD- CODIFICATION Section, Pub. L. 90-132, title II, Sec. 204, Nov. 8, 1967, 81 Stat. 407, which provided that appropriations to the Public Health Service be available for research grants to hospitals of the Service, the Bureau of Prisons, Department of Justice, and to Saint Elizabeths Hospital, on the same terms and conditions as grants to non-Federal institutions, was enacted as part of the Department of Health, Education, and Welfare Appropriation Act, 1968, and not as part of the Public Health Service Act which comprises this chapter, and was not repeated in subsequent appropriation acts. See section 300cc-6 of this title. Similar provisions were contained in the following prior appropriation acts: Pub. L. 89-787, title II, Sec. 204, Nov. 7, 1966, 80 Stat. 1400. Pub. L. 89-156, title II, Sec. 204, Aug. 31, 1965, 79 Stat. 609. Pub. L. 88-605, title II, Sec. 204, Sept. 19, 1964, 78 Stat. 979. Pub. L. 88-136, title II, Sec. 204, Oct. 11, 1963, 77 Stat. 244. Pub. L. 87-582, title II, Sec. 204, Aug. 14, 1962, 76 Stat. 379. Pub. L. 87-290, title II, Sec. 206, Sept. 22, 1961, 75 Stat. 608. Pub. L. 86-703, title II, Sec. 207, Sept. 2, 1960, 74 Stat. 773. Pub. L. 86-158, title II, Sec. 210, Aug. 14, 1959, 73 Stat. 355. -End- -CITE- 42 USC Secs. 228 to 229d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Secs. 228 to 229d. Transferred -COD- CODIFICATION Section 228, acts July 1, 1944, ch. 373, title V, Sec. 510, 58 Stat. 711; June 25, 1948, ch. 645, Sec. 5, 62 Stat. 859, which related to wearing of uniforms, was successively renumbered by subsequent acts and transferred, see section 238g of this title. Section 229, act July 1, 1944, ch. 373, title V, Sec. 511, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to an annual report by Surgeon General, was successively renumbered by subsequent acts and transferred, see section 238h of this title. Section 229a, act July 1, 1944, ch. 373, title V, Sec. 512, as added Oct. 15, 1968, Pub. L. 90-574, title V, Sec. 503(a), 82 Stat. 1012, which related to memorials and other acknowledgments for contributions to health of the Nation, was successively renumbered by subsequent acts and transferred, see section 238i of this title. Section 229b, act July 1, 1944, ch. 373, title V, Sec. 513, as added June 30, 1970, Pub. L. 91-296, title IV, Sec. 401(a), 84 Stat. 351; amended Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec. 804(c), 94 Stat. 1608; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(3), 95 Stat. 560, which related to evaluation of programs, was successively renumbered by subsequent acts and transferred, see section 238j of this title. Section 229c, act July 1, 1944, ch. 373, title V, Sec. 514, as added Nov. 9, 1978, Pub. L. 95-623, Sec. 11(e), 92 Stat. 3456, which related to contract authority of Secretary, was successively renumbered by subsequent acts and transferred, see section 238k of this title. Section 229d, act July 1, 1944, ch. 373, title V, Sec. 515, formerly Pub. L. 88-164, title II, Sec. 225, as added Pub. L. 94- 63, title III, Sec. 303, July 29, 1975, 89 Stat. 326; amended Pub. L. 95-622, title I, Sec. 110(c), Nov. 9, 1978, 92 Stat. 3420; renumbered and amended Pub. L. 97-35, title IX, Sec. 902(e)(2)(A), Aug. 13, 1981, 95 Stat. 560, which related to recovery of payments, was successively renumbered by subsequent acts and transferred, see section 238l of this title. -End- -CITE- 42 USC Sec. 230 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 230. Repealed. -MISC1- Sec. 230. Repealed. Apr. 27, 1956, ch. 211, Sec. 5(e), 70 Stat. 117. Section, act July 1, 1944, ch. 373, title VII, Sec. 706, formerly title VI, Sec. 606, 58 Stat. 713; renumbered title VII, Sec. 706, Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; amended Feb. 28, 1948, ch. 83, Sec. 9(a), 62 Stat. 47; Oct. 12, 1949, ch. 681, title V, Sec. 521(g), 63 Stat. 835, provided for computation of retired pay. See section 212 of this title. -End- -CITE- 42 USC Sec. 231 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 231. Service and supply fund; uses; reimbursement -STATUTE- A service and supply fund of $250,000 is established, without fiscal year limitation, for the payment of salaries, travel, and other expenses necessary to the maintenance and operation of (1) a supply service for the purchase, storage, handling, issuance, packing, or shipping of stationery, supplies, materials, equipment, and blank forms, for which stocks may be maintained to meet, in whole or in part, requirements of the Public Health Service and requisitions of other Government Offices, and (2) such other services as the Surgeon General, with the approval of the Secretary of Health and Human Services, determines may be performed more advantageously as central services; said fund to be reimbursed from applicable appropriations or funds available when services are performed or stock furnished, or in advance, on a basis of rates which shall include estimated or actual charges for personal services, materials, equipment (including maintenance, repairs, and depreciation), and other expenses. -SOURCE- (July 3, 1945, ch. 263, title II, 59 Stat. 370; 1953 Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-414, Sec. 9(i), Jan. 4, 1983, 96 Stat. 2064.) -COD- CODIFICATION Section is from the Federal Security Appropriation Act, 1946, act July 3, 1945, and was not enacted as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 1983 - Pub. L. 97-414 inserted ", or in advance," after "stock furnished". -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -End- -CITE- 42 USC Sec. 232 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 232. National Institute of Mental Health; authorization of appropriation; construction; location -STATUTE- There is authorized to be appropriated a sum not to exceed $7,500,000 for the erection and equipment, for the use of the Public Health Service in carrying out the provisions of this Act, of suitable and adequate hospital buildings and facilities, including necessary living quarters for personnel, and of suitable and adequate laboratory buildings and facilities, and such buildings and facilities shall be known as the National Institute of Mental Health. The Administrator of General Services is authorized to acquire, by purchase, condemnation, donation, or otherwise, a suitable and adequate site or sites, selected on the advice of the Surgeon General of the Public Health Service, in or near the District of Columbia for such buildings and facilities, and to erect thereon, furnish, and equip such buildings and facilities. The amount authorized to be appropriated in this section shall include the cost of preparation of drawings and specifications, supervision of construction, and other administrative expenses incident to the work: Provided, That the Administrator of General Services shall prepare the plans and specifications, make all necessary contracts, and supervise construction. -SOURCE- (July 3, 1946, ch. 538, Sec. 11, 60 Stat. 425; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act July 3, 1946, ch. 538, 60 Stat. 421, as amended, known as the National Mental Health Act, which enacted sections 232 and 242a of this title, amended sections 201, 209, 210, 215, 218, 219, 241, 244, and 246 of this title, and enacted provisions set out as notes under section 201 of this title. For complete classification of this Act to the Code, see Short Title of 1946 Amendment note set out under section 201 of this title and Tables. -COD- CODIFICATION Section was enacted as a part of the National Mental Health Act, and not as a part of the Public Health Service Act which comprises this chapter. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949. Both Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. See Historical and Revision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended generally by Pub. L. 109-313, Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605, formerly section 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. -End- -CITE- 42 USC Sec. 233 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 233. Civil actions or proceedings against commissioned officers or employees -STATUTE- (a) Exclusiveness of remedy The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of title 28, for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigation, by any commissioned officer or employee of the Public Health Service while acting within the scope of his office or employment, shall be exclusive of any other civil action or proceeding by reason of the same subject-matter against the officer or employee (or his estate) whose act or omission gave rise to the claim. (b) Attorney General to defend action or proceeding; delivery of process to designated official; furnishing of copies of pleading and process to United States attorney, Attorney General, and Secretary The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary. (c) Removal to United States district court; procedure; proceeding upon removal deemed a tort action against United States; hearing on motion to remand to determine availability of remedy against United States; remand to State court or dismissal Upon a certification by the Attorney General that the defendant was acting in the scope of his employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merit that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State Court: Provided, That where such a remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in the event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section. (d) Compromise or settlement of claim by Attorney General The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28 and with the same effect. (e) Assault or battery For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to assault or battery arising out of negligence in the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations. (f) Authority of Secretary or designee to hold harmless or provide liability insurance for assigned or detailed employees The Secretary or his designee may, to the extent that he deems appropriate, hold harmless or provide liability insurance for any officer or employee of the Public Health Service for damage for personal injury, including death, negligently caused by such officer or employee while acting within the scope of his office or employment and as a result of the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations, if such employee is assigned to a foreign country or detailed to a State or political subdivision thereof or to a non-profit institution, and if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 2679(b) of title 28, for such damage or injury. (g) Exclusivity of remedy against United States for entities deemed Public Health Service employees; coverage for services furnished to individuals other than center patients; application process; subrogation of medical malpractice claims; applicable period; entity and contractor defined (1)(A) For purposes of this section and subject to the approval by the Secretary of an application under subparagraph (D), an entity described in paragraph (4), and any officer, governing board member, or employee of such an entity, and any contractor of such an entity who is a physician or other licensed or certified health care practitioner (subject to paragraph (5)), shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under subsection (k)(3) of this section (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, governing board member, employee, or contractor (subject to paragraph (5)) of such an entity who is deemed to be an employee of the Public Health Service pursuant to this paragraph shall be exclusive of any other civil action or proceeding to the same extent as the remedy against the United States is exclusive pursuant to subsection (a) of this section. (B) The deeming of any entity or officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section shall apply with respect to services provided - (i) to all patients of the entity, and (ii) subject to subparagraph (C), to individuals who are not patients of the entity. (C) Subparagraph (B)(ii) applies to services provided to individuals who are not patients of an entity if the Secretary determines, after reviewing an application submitted under subparagraph (D), that the provision of the services to such individuals - (i) benefits patients of the entity and general populations that could be served by the entity through community-wide intervention efforts within the communities served by such entity; (ii) facilitates the provision of services to patients of the entity; or (iii) are otherwise required under an employment contract (or similar arrangement) between the entity and an officer, governing board member, employee, or contractor of the entity. (D) The Secretary may not under subparagraph (A) deem an entity or an officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section, and may not apply such deeming to services described in subparagraph (B)(ii), unless the entity has submitted an application for such deeming to the Secretary in such form and such manner as the Secretary shall prescribe. The application shall contain detailed information, along with supporting documentation, to verify that the entity, and the officer, governing board member, employee, or contractor of the entity, as the case may be, meets the requirements of subparagraphs (B) and (C) of this paragraph and that the entity meets the requirements of paragraphs (1) through (4) of subsection (h) of this section. (E) The Secretary shall make a determination of whether an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section within 30 days after the receipt of an application under subparagraph (D). The determination of the Secretary that an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section shall apply for the period specified by the Secretary under subparagraph (A). (F) Once the Secretary makes a determination that an entity or an officer, governing board member, employee, or contractor of an entity is deemed to be an employee of the Public Health Service for purposes of this section, the determination shall be final and binding upon the Secretary and the Attorney General and other parties to any civil action or proceeding. Except as provided in subsection (i) of this section, the Secretary and the Attorney General may not determine that the provision of services which are the subject of such a determination are not covered under this section. (G) In the case of an entity described in paragraph (4) that has not submitted an application under subparagraph (D): (i) The Secretary may not consider the entity in making estimates under subsection (k)(1) of this section. (ii) This section does not affect any authority of the entity to purchase medical malpractice liability insurance coverage with Federal funds provided to the entity under section 254b, 254b, or 256a of this title.(!1) (H) In the case of an entity described in paragraph (4) for which an application under subparagraph (D) is in effect, the entity may, through notifying the Secretary in writing, elect to terminate the applicability of this subsection to the entity. With respect to such election by the entity: (i) The election is effective upon the expiration of the 30-day period beginning on the date on which the entity submits such notification. (ii) Upon taking effect, the election terminates the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity. (iii) Upon the effective date for the election, clauses (i) and (ii) of subparagraph (G) apply to the entity to the same extent and in the same manner as such clauses apply to an entity that has not submitted an application under subparagraph (D). (iv) If after making the election the entity submits an application under subparagraph (D), the election does not preclude the Secretary from approving the application ( (!2) and thereby restoring the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity, subject to the provisions of this subsection and the subsequent provisions of this section. (2) If, with respect to an entity or person deemed to be an employee for purposes of paragraph (1), a cause of action is instituted against the United States pursuant to this section, any claim of the entity or person for benefits under an insurance policy with respect to medical malpractice relating to such cause of action shall be subrogated to the United States. (3) This subsection shall apply with respect to a cause of action arising from an act or omission which occurs on or after January 1, 1993. (4) An entity described in this paragraph is a public or non- profit private entity receiving Federal funds under section 254b of this title. (5) For purposes of paragraph (1), an individual may be considered a contractor of an entity described in paragraph (4) only if - (A) the individual normally performs on average at least 32 1/2 hours of service per week for the entity for the period of the contract; or (B) in the case of an individual who normally performs an average of less than 32 1/2 hours of services per week for the entity for the period of the contract, the individual is a licensed or certified provider of services in the fields of family practice, general internal medicine, general pediatrics, or obstetrics and gynecology. (h) Qualifications for designation as Public Health Service employee The Secretary may not approve an application under subsection (g)(1)(D) of this section unless the Secretary determines that the entity - (1) has implemented appropriate policies and procedures to reduce the risk of malpractice and the risk of lawsuits arising out of any health or health-related functions performed by the entity; (2) has reviewed and verified the professional credentials, references, claims history, fitness, professional review organization findings, and license status of its physicians and other licensed or certified health care practitioners, and, where necessary, has obtained the permission from these individuals to gain access to this information; (3) has no history of claims having been filed against the United States as a result of the application of this section to the entity or its officers, employees, or contractors as provided for under this section, or, if such a history exists, has fully cooperated with the Attorney General in defending against any such claims and either has taken, or will take, any necessary corrective steps to assure against such claims in the future; and (4) will fully cooperate with the Attorney General in providing information relating to an estimate described under subsection (k) of this section. (i) Authority of Attorney General to exclude health care professionals from coverage (1) Notwithstanding subsection (g)(1) of this section, the Attorney General, in consultation with the Secretary, may on the record determine, after notice and opportunity for a full and fair hearing, that an individual physician or other licensed or certified health care practitioner who is an officer, employee, or contractor of an entity described in subsection (g)(4) of this section shall not be deemed to be an employee of the Public Health Service for purposes of this section, if treating such individual as such an employee would expose the Government to an unreasonably high degree of risk of loss because such individual - (A) does not comply with the policies and procedures that the entity has implemented pursuant to subsection (h)(1) of this section; (B) has a history of claims filed against him or her as provided for under this section that is outside the norm for licensed or certified health care practitioners within the same specialty; (C) refused to reasonably cooperate with the Attorney General in defending against any such claim; (D) provided false information relevant to the individual's performance of his or her duties to the Secretary, the Attorney General, or an applicant for or recipient of funds under this chapter; or (E) was the subject of disciplinary action taken by a State medical licensing authority or a State or national professional society. (2) A final determination by the Attorney General under this subsection that an individual physician or other licensed or certified health care professional shall not be deemed to be an employee of the Public Health Service shall be effective upon receipt by the entity employing such individual of notice of such determination, and shall apply only to acts or omissions occurring after the date such notice is received. (j) Remedy for denial of hospital admitting privileges to certain health care providers In the case of a health care provider who is an officer, employee, or contractor of an entity described in subsection (g)(4) of this section, section 254h(e) of this title shall apply with respect to the provider to the same extent and in the same manner as such section applies to any member of the National Health Service Corps. (k) Estimate of annual claims by Attorney General; criteria; establishment of fund; transfer of funds to Treasury accounts (1)(A) For each fiscal year, the Attorney General, in consultation with the Secretary, shall estimate by the beginning of the year the amount of all claims which are expected to arise under this section (together with related fees and expenses of witnesses) for which payment is expected to be made in accordance with section 1346 and chapter 171 of title 28 from the acts or omissions, during the calendar year that begins during that fiscal year, of entities described in subsection (g)(4) of this section and of officers, employees, or contractors (subject to subsection (g)(5) of this section) of such entities. (B) The estimate under subparagraph (A) shall take into account - (i) the value and frequency of all claims for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions by entities described in subsection (g)(4) of this section or by officers, employees, or contractors (subject to subsection (g)(5) of this section) of such entities who are deemed to be employees of the Public Health Service under subsection (g)(1) of this section that, during the preceding 5-year period, are filed under this section or, with respect to years occurring before this subsection takes effect, are filed against persons other than the United States, (ii) the amounts paid during that 5-year period on all claims described in clause (i), regardless of when such claims were filed, adjusted to reflect payments which would not be permitted under section 1346 and chapter 171 of title 28, and (iii) amounts in the fund established under paragraph (2) but unspent from prior fiscal years. (2) Subject to appropriations, for each fiscal year, the Secretary shall establish a fund of an amount equal to the amount estimated under paragraph (1) that is attributable to entities receiving funds under each of the grant programs described in paragraph (4) of subsection (g) of this section, but not to exceed a total of $10,000,000 for each such fiscal year. Appropriations for purposes of this paragraph shall be made separate from appropriations made for purposes of sections 254b, 254b and 256a of this title.(!1) (3) In order for payments to be made for judgments against the United States (together with related fees and expenses of witnesses) pursuant to this section arising from the acts or omissions of entities described in subsection (g)(4) of this section and of officers, governing board member,(!3) employees, or contractors (subject to subsection (g)(5) of this section) of such entities, the total amount contained within the fund established by the Secretary under paragraph (2) for a fiscal year shall be transferred not later than the December 31 that occurs during the fiscal year to the appropriate accounts in the Treasury. (l) Timely response to filing of action or proceeding (1) If a civil action or proceeding is filed in a State court against any entity described in subsection (g)(4) of this section or any officer, governing board member, employee, or any contractor of such an entity for damages described in subsection (a) of this section, the Attorney General, within 15 days after being notified of such filing, shall make an appearance in such court and advise such court as to whether the Secretary has determined under subsections (g) and (h) of this section, that such entity, officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section with respect to the actions or omissions that are the subject of such civil action or proceeding. Such advice shall be deemed to satisfy the provisions of subsection (c) of this section that the Attorney General certify that an entity, officer, governing board member, employee, or contractor of the entity was acting within the scope of their employment or responsibility. (2) If the Attorney General fails to appear in State court within the time period prescribed under paragraph (1), upon petition of any entity or officer, governing board member, employee, or contractor of the entity named, the civil action or proceeding shall be removed to the appropriate United States district court. The civil action or proceeding shall be stayed in such court until such court conducts a hearing, and makes a determination, as to the appropriate forum or procedure for the assertion of the claim for damages described in subsection (a) of this section and issues an order consistent with such determination. (m) Application of coverage to managed care plans (1) An entity or officer, governing board member, employee, or contractor of an entity described in subsection (g)(1) of this section shall, for purposes of this section, be deemed to be an employee of the Public Health Service with respect to services provided to individuals who are enrollees of a managed care plan if the entity contracts with such managed care plan for the provision of services. (2) Each managed care plan which enters into a contract with an entity described in subsection (g)(4) of this section shall deem the entity and any officer, governing board member, employee, or contractor of the entity as meeting whatever malpractice coverage requirements such plan may require of contracting providers for a calendar year if such entity or officer, governing board member, employee, or contractor of the entity has been deemed to be an employee of the Public Health Service for purposes of this section for such calendar year. Any plan which is found by the Secretary on the record, after notice and an opportunity for a full and fair hearing, to have violated this subsection shall upon such finding cease, for a period to be determined by the Secretary, to receive and to be eligible to receive any Federal funds under titles XVIII or XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]. (3) For purposes of this subsection, the term "managed care plan" shall mean health maintenance organizations and similar entities that contract at-risk with payors for the provision of health services or plan enrollees and which contract with providers (such as entities described in subsection (g)(4) of this section) for the delivery of such services to plan enrollees. (n) Report on risk exposure of covered entities (1) Not later than one year after December 26, 1995, the Comptroller General of the United States shall submit to the Congress a report on the following: (A) The medical malpractice liability claims experience of entities that have been deemed to be employees for purposes of this section. (B) The risk exposure of such entities. (C) The value of private sector risk-management services, and the value of risk-management services and procedures required as a condition of receiving a grant under section 254b, 254b, or 256a of this title.(!4) (D) A comparison of the costs and the benefits to taxpayers of maintaining medical malpractice liability coverage for such entities pursuant to this section, taking into account - (i) a comparison of the costs of premiums paid by such entities for private medical malpractice liability insurance with the cost of coverage pursuant to this section; and (ii) an analysis of whether the cost of premiums for private medical malpractice liability insurance coverage is consistent with the liability claims experience of such entities. (2) The report under paragraph (1) shall include the following: (A) A comparison of - (i) an estimate of the aggregate amounts that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) would have directly or indirectly paid in premiums to obtain medical malpractice liability insurance coverage if this section were not in effect; with (ii) the aggregate amounts by which the grants received by such entities under this chapter were reduced pursuant to subsection (k)(2) of this section. (B) A comparison of - (i) an estimate of the amount of privately offered such insurance that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) purchased during the three-year period beginning on January 1, 1993; with (ii) an estimate of the amount of such insurance that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) will purchase after December 26, 1995. (C) An estimate of the medical malpractice liability loss history of such entities for the 10-year period preceding October 1, 1996, including but not limited to the following: (i) Claims that have been paid and that are estimated to be paid, and legal expenses to handle such claims that have been paid and that are estimated to be paid, by the Federal Government pursuant to deeming entities as employees for purposes of this section. (ii) Claims that have been paid and that are estimated to be paid, and legal expenses to handle such claims that have been paid and that are estimated to be paid, by private medical malpractice liability insurance. (D) An analysis of whether the cost of premiums for private medical malpractice liability insurance coverage is consistent with the liability claims experience of entities that have been deemed as employees for purposes of this section. (3) In preparing the report under paragraph (1), the Comptroller General of the United States shall consult with public and private entities with expertise on the matters with which the report is concerned. (o) Volunteer services provided by health professionals at free clinics (1) For purposes of this section, a free clinic health professional shall in providing a qualifying health service to an individual, or an officer, governing board member, employee, or contractor of a free clinic shall in providing services for the free clinic, be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under paragraph (6)(D). The preceding sentence is subject to the provisions of this subsection. (2) In providing a health service to an individual, a health care practitioner shall for purposes of this subsection be considered to be a free clinic health professional if the following conditions are met: (A) The service is provided to the individual at a free clinic, or through offsite programs or events carried out by the free clinic. (B) The free clinic is sponsoring the health care practitioner pursuant to paragraph (5)(C). (C) The service is a qualifying health service (as defined in paragraph (4)). (D) Neither the health care practitioner nor the free clinic receives any compensation for the service from the individual or from any third-party payor (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program). With respect to compliance with such condition: (i) The health care practitioner may receive repayment from the free clinic for reasonable expenses incurred by the health care practitioner in the provision of the service to the individual. (ii) The free clinic may accept voluntary donations for the provision of the service by the health care practitioner to the individual. (E) Before the service is provided, the health care practitioner or the free clinic provides written notice to the individual of the extent to which the legal liability of the health care practitioner is limited pursuant to this subsection (or in the case of an emergency, the written notice is provided to the individual as soon after the emergency as is practicable). If the individual is a minor or is otherwise legally incompetent, the condition under this subparagraph is that the written notice be provided to a legal guardian or other person with legal responsibility for the care of the individual. (F) At the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service. (3)(A) For purposes of this subsection, the term "free clinic" means a health care facility operated by a nonprofit private entity meeting the following requirements: (i) The entity does not, in providing health services through the facility, accept reimbursement from any third-party payor (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program). (ii) The entity, in providing health services through the facility, either does not impose charges on the individuals to whom the services are provided, or imposes a charge according to the ability of the individual involved to pay the charge. (iii) The entity is licensed or certified in accordance with applicable law regarding the provision of health services. (B) With respect to compliance with the conditions under subparagraph (A), the entity involved may accept voluntary donations for the provision of services. (4) For purposes of this subsection, the term "qualifying health service" means any medical assistance required or authorized to be provided in the program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], without regard to whether the medical assistance is included in the plan submitted under such program by the State in which the health care practitioner involved provides the medical assistance. References in the preceding sentence to such program shall as applicable be considered to be references to any successor to such program. (5) Subsection (g) of this section (other than paragraphs (3) through (5)) and subsections (h), (i), and (l) of this section apply to a health care practitioner for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4) of this section, subject to paragraph (6) and subject to the following: (A) The first sentence of paragraph (1) applies in lieu of the first sentence of subsection (g)(1)(A) of this section. (B) This subsection may not be construed as deeming any free clinic to be an employee of the Public Health Service for purposes of this section. (C) With respect to a free clinic, a health care practitioner is not a free clinic health professional unless the free clinic sponsors the health care practitioner. For purposes of this subsection, the free clinic shall be considered to be sponsoring the health care practitioner if - (i) with respect to the health care practitioner, the free clinic submits to the Secretary an application meeting the requirements of subsection (g)(1)(D) of this section; and (ii) the Secretary, pursuant to subsection (g)(1)(E) of this section, determines that the health care practitioner is deemed to be an employee of the Public Health Service. (D) In the case of a health care practitioner who is determined by the Secretary pursuant to subsection (g)(1)(E) of this section to be a free clinic health professional, this subsection applies to the health care practitioner (with respect to the free clinic sponsoring the health care practitioner pursuant to subparagraph (C)) for any cause of action arising from an act or omission of the health care practitioner occurring on or after the date on which the Secretary makes such determination. (E) Subsection (g)(1)(F) of this section applies to a health care practitioner for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions specified in paragraph (2) is met. (6)(A) For purposes of making payments for judgments against the United States (together with related fees and expenses of witnesses) pursuant to this section arising from the acts or omissions of free clinic health professionals, there is authorized to be appropriated $10,000,000 for each fiscal year. (B) The Secretary shall establish a fund for purposes of this subsection. Each fiscal year amounts appropriated under subparagraph (A) shall be deposited in such fund. (C) Not later than May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to the Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of free clinic health professionals, will be paid pursuant to this section during the calendar year that begins in the following fiscal year. Subsection (k)(1)(B) of this section applies to the estimate under the preceding sentence regarding free clinic health professionals to the same extent and in the same manner as such subsection applies to the estimate under such subsection regarding officers, governing board members, employees, and contractors of entities described in subsection (g)(4) of this section. (D) Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subparagraph (B) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph (C) for the calendar year beginning in such fiscal year, subject to the extent of amounts in the fund. (7)(A) This subsection takes effect on the date of the enactment of the first appropriations Act that makes an appropriation under paragraph (6)(A), except as provided in subparagraph (B)(i). (B)(i) Effective on August 21, 1996 - (I) the Secretary may issue regulations for carrying out this subsection, and the Secretary may accept and consider applications submitted pursuant to paragraph (5)(C); and (II) reports under paragraph (6)(C) may be submitted to the Congress. (ii) For the first fiscal year for which an appropriation is made under subparagraph (A) of paragraph (6), if an estimate under subparagraph (C) of such paragraph has not been made for the calendar year beginning in such fiscal year, the transfer under subparagraph (D) of such paragraph shall be made notwithstanding the lack of the estimate, and the transfer shall be made in an amount equal to the amount of such appropriation. (p) Administration of smallpox countermeasures by health professionals (1) In general For purposes of this section, and subject to other provisions of this subsection, a covered person shall be deemed to be an employee of the Public Health Service with respect to liability arising out of administration of a covered countermeasure against smallpox to an individual during the effective period of a declaration by the Secretary under paragraph (2)(A). (2) Declaration by Secretary concerning countermeasure against smallpox (A) Authority to issue declaration (i) In general The Secretary may issue a declaration, pursuant to this paragraph, concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a covered countermeasure to a category or categories of individuals. (ii) Covered countermeasure The Secretary shall specify in such declaration the substance or substances that shall be considered covered countermeasures (as defined in paragraph (7)(A)) for purposes of administration to individuals during the effective period of the declaration. (iii) Effective period The Secretary shall specify in such declaration the beginning and ending dates of the effective period of the declaration, and may subsequently amend such declaration to shorten or extend such effective period, provided that the new closing date is after the date when the declaration is amended. (iv) Publication The Secretary shall promptly publish each such declaration and amendment in the Federal Register. (B) Liability of United States only for administrations within scope of declaration Except as provided in paragraph (5)(B)(ii), the United States shall be liable under this subsection with respect to a claim arising out of the administration of a covered countermeasure to an individual only if - (i) the countermeasure was administered by a qualified person, for a purpose stated in paragraph (7)(A)(i), and during the effective period of a declaration by the Secretary under subparagraph (A) with respect to such countermeasure; and (ii)(I) the individual was within a category of individuals covered by the declaration; or (II) the qualified person administering the countermeasure had reasonable grounds to believe that such individual was within such category. (C) Presumption of administration within scope of declaration in case of accidental vaccinia inoculation (i) In general If vaccinia vaccine is a covered countermeasure specified in a declaration under subparagraph (A), and an individual to whom the vaccinia vaccine is not administered contracts vaccinia, then, under the circumstances specified in clause (ii), the individual - (I) shall be rebuttably presumed to have contracted vaccinia from an individual to whom such vaccine was administered as provided by clauses (i) and (ii) of subparagraph (B); and (II) shall (unless such presumption is rebutted) be deemed for purposes of this subsection to be an individual to whom a covered countermeasure was administered by a qualified person in accordance with the terms of such declaration and as described by subparagraph (B). (ii) Circumstances in which presumption applies The presumption and deeming stated in clause (i) shall apply if - (I) the individual contracts vaccinia during the effective period of a declaration under subparagraph (A) or by the date 30 days after the close of such period; or (II) the individual has resided with, or has had contact with, an individual to whom such vaccine was administered as provided by clauses (i) and (ii) of subparagraph (B) and contracts vaccinia after such date. (D) Acts and omissions deemed to be within scope of employment (i) In general In the case of a claim arising out of alleged transmission of vaccinia from an individual described in clause (ii), acts or omissions by such individual shall be deemed to have been taken within the scope of such individual's office or employment for purposes of - (I) subsection (a) of this section; and (II) section 1346(b) and chapter 171 of title 28. (ii) Individuals to whom deeming applies An individual is described by this clause if - (I) vaccinia vaccine was administered to such individual as provided by subparagraph (B); and (II) such individual was within a category of individuals covered by a declaration under subparagraph (A)(i). (3) Exhaustion; exclusivity; offset (A) Exhaustion (i) In general A person may not bring a claim under this subsection unless such person has exhausted such remedies as are available under part C of this subchapter, except that if the Secretary fails to make a final determination on a request for benefits or compensation filed in accordance with the requirements of such part within 240 days after such request was filed, the individual may seek any remedy that may be available under this section. (ii) Tolling of statute of limitations The time limit for filing a claim under this subsection, or for filing an action based on such claim, shall be tolled during the pendency of a request for benefits or compensation under part C of this subchapter. (iii) Construction This subsection shall not be construed as superseding or otherwise affecting the application of a requirement, under chapter 171 of title 28, to exhaust administrative remedies. (B) Exclusivity The remedy provided by subsection (a) of this section shall be exclusive of any other civil action or proceeding for any claim or suit this subsection encompasses, except for a proceeding under part C of this subchapter. (C) Offset The value of all compensation and benefits provided under part C of this subchapter for an incident or series of incidents shall be offset against the amount of an award, compromise, or settlement of money damages in a claim or suit under this subsection based on the same incident or series of incidents. (4) Certification of action by Attorney General Subsection (c) of this section applies to actions under this subsection, subject to the following provisions: (A) Nature of certification The certification by the Attorney General that is the basis for deeming an action or proceeding to be against the United States, and for removing an action or proceeding from a State court, is a certification that the action or proceeding is against a covered person and is based upon a claim alleging personal injury or death arising out of the administration of a covered countermeasure. (B) Certification of Attorney General conclusive The certification of the Attorney General of the facts specified in subparagraph (A) shall conclusively establish such facts for purposes of jurisdiction pursuant to this subsection. (5) Covered person to cooperate with United States (A) In general A covered person shall cooperate with the United States in the processing and defense of a claim or action under this subsection based upon alleged acts or omissions of such person. (B) Consequences of failure to cooperate Upon the motion of the United States or any other party and upon finding that such person has failed to so cooperate - (i) the court shall substitute such person as the party defendant in place of the United States and, upon motion, shall remand any such suit to the court in which it was instituted if it appears that the court lacks subject matter jurisdiction; (ii) the United States shall not be liable based on the acts or omissions of such person; and (iii) the Attorney General shall not be obligated to defend such action. (6) Recourse against covered person in case of gross misconduct or contract violation (A) In general Should payment be made by the United States to any claimant bringing a claim under this subsection, either by way of administrative determination, settlement, or court judgment, the United States shall have, notwithstanding any provision of State law, the right to recover for that portion of the damages so awarded or paid, as well as interest and any costs of litigation, resulting from the failure of any covered person to carry out any obligation or responsibility assumed by such person under a contract with the United States or from any grossly negligent, reckless, or illegal conduct or willful misconduct on the part of such person. (B) Venue The United States may maintain an action under this paragraph against such person in the district court of the United States in which such person resides or has its principal place of business. (7) Definitions As used in this subsection, terms have the following meanings: (A) Covered countermeasure The term "covered countermeasure" or "covered countermeasure against smallpox", means a substance that is - (i)(I) used to prevent or treat smallpox (including the vaccinia or another vaccine); or (II) used to control or treat the adverse effects of vaccinia inoculation or of administration of another covered countermeasure; and (ii) specified in a declaration under paragraph (2). (B) Covered person The term "covered person", when used with respect to the administration of a covered countermeasure, means a person who is - (i) a manufacturer or distributor of such countermeasure; (ii) a health care entity under whose auspices - (I) such countermeasure was administered; (II) a determination was made as to whether, or under what circumstances, an individual should receive a covered countermeasure; (III) the immediate site of administration on the body of a covered countermeasure was monitored, managed, or cared for; or (IV) an evaluation was made of whether the administration of a countermeasure was effective; (iii) a qualified person who administered such countermeasure; (iv) a State, a political subdivision of a State, or an agency or official of a State or of such a political subdivision, if such State, subdivision, agency, or official has established requirements, provided policy guidance, supplied technical or scientific advice or assistance, or otherwise supervised or administered a program with respect to administration of such countermeasures; (v) in the case of a claim arising out of alleged transmission of vaccinia from an individual - (I) the individual who allegedly transmitted the vaccinia, if vaccinia vaccine was administered to such individual as provided by paragraph (2)(B) and such individual was within a category of individuals covered by a declaration under paragraph (2)(A)(i); or (II) an entity that employs an individual described by clause (I) (!5) or where such individual has privileges or is otherwise authorized to provide health care; (vi) an official, agent, or employee of a person described in clause (i), (ii), (iii), or (iv); (vii) a contractor of, or a volunteer working for, a person described in clause (i), (ii), or (iv), if the contractor or volunteer performs a function for which a person described in clause (i), (ii), or (iv) is a covered person; or (viii) an individual who has privileges or is otherwise authorized to provide health care under the auspices of an entity described in clause (ii) or (v)(II). (C) Qualified person The term "qualified person", when used with respect to the administration of a covered countermeasure, means a licensed health professional or other individual who - (i) is authorized to administer such countermeasure under the law of the State in which the countermeasure was administered; or (ii) is otherwise authorized by the Secretary to administer such countermeasure. (D) Arising out of administration of a covered countermeasure The term "arising out of administration of a covered countermeasure", when used with respect to a claim or liability, includes a claim or liability arising out of - (i) determining whether, or under what conditions, an individual should receive a covered countermeasure; (ii) obtaining informed consent of an individual to the administration of a covered countermeasure; (iii) monitoring, management, or care of an immediate site of administration on the body of a covered countermeasure, or evaluation of whether the administration of the countermeasure has been effective; or (iv) transmission of vaccinia virus by an individual to whom vaccinia vaccine was administered as provided by paragraph (2)(B). -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 224, formerly Sec. 223, as added Pub. L. 91-623, Sec. 4, Dec. 31, 1970, 84 Stat. 1870; renumbered Sec. 224, Pub. L. 92-157, title III, Sec. 301(c), Nov. 18, 1971, 85 Stat. 463; amended Pub. L. 102-501, Secs. 2-4, Oct. 24, 1992, 106 Stat. 3268-3270; Pub. L. 103-183, title VII, Sec. 706(a), Dec. 14, 1993, 107 Stat. 2241; Pub. L. 104-73, Secs. 2- 5(b), 6-11, Dec. 26, 1995, 109 Stat. 777-781; Pub. L. 104-191, title I, Sec. 194, Aug. 21, 1996, 110 Stat. 1988; Pub. L. 104-299, Sec. 4(a)(1), Oct. 11, 1996, 110 Stat. 3644; Pub. L. 107-251, title VI, Sec. 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 107-296, title III, Sec. 304(c), Nov. 25, 2002, 116 Stat. 2165; Pub. L. 108- 20, Sec. 3(a)-(i), Apr. 30, 2003, 117 Stat. 646-648; Pub. L. 108- 163, Sec. 2(m)(1), Dec. 6, 2003, 117 Stat. 2023; Pub. L. 111-148, title X, Sec. 10608(a), Mar. 23, 2010, 124 Stat. 1014.) -REFTEXT- REFERENCES IN TEXT The references to section 254b of this title the first place appearing in subsecs. (g)(1)(G)(ii), (k)(2), and (n)(1)(C), were in the original references to section 329, meaning section 329 of act July 1, 1944, which was omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of subchapter II of this chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Section 256a of this title, referred to in subsecs. (g)(1)(G)(ii), (k)(2), and (n)(1)(C), was repealed by Pub. L. 104- 299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 3645. The Social Security Act, referred to in subsecs. (m)(2) and (o)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC1- AMENDMENTS 2010 - Subsec. (o)(1). Pub. L. 111-148 inserted ", or an officer, governing board member, employee, or contractor of a free clinic shall in providing services for the free clinic," after "to an individual". 2003 - Subsec. (g)(1)(G)(ii). Pub. L. 108-163 substituted "254b" for "254c, 254b(h)" before ", or". Subsec. (k)(2). Pub. L. 108-163 substituted "254b" for "254c, 254b(h)" before "and". Subsec. (n)(1)(C). Pub. L. 108-163 substituted "254b" for "254c, 254b(h)" before ", or". Subsec. (p)(2)(A)(ii). Pub. L. 108-20, Sec. 3(i), substituted "paragraph (7)(A)" for "paragraph(8)(A)". Subsec. (p)(2)(C)(ii)(II). Pub. L. 108-20, Sec. 3(a), substituted "has resided with, or has had contact with," for "resides or has resided with". Subsec. (p)(2)(D). Pub. L. 108-20, Sec. 3(b), added subpar. (D). Subsec. (p)(3). Pub. L. 108-20, Sec. 3(c), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: "The remedy provided by subsection (a) of this section shall be exclusive of any other civil action or proceeding for any claim or suit this subsection encompasses." Subsec. (p)(5). Pub. L. 108-20, Sec. 3(d), substituted "Covered person" for "Defendant" in heading. Subsec. (p)(7)(A)(i)(II). Pub. L. 108-20, Sec. 3(e), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: "vaccinia immune globulin used to control or treat the adverse effects of vaccinia inoculation; and". Subsec. (p)(7)(B). Pub. L. 108-20, Sec. 3(f)(1), substituted "means a person" for "includes any person" in introductory provisions. Subsec. (p)(7)(B)(ii). Pub. L. 108-20, Sec. 3(f)(2), substituted "auspices - " for "auspices", designated "such countermeasure was administered;" as subcl. (I), and added subcls. (II) to (IV). Subsec. (p)(7)(B)(iv) to (viii). Pub. L. 108-20, Sec. 3(f)(3), (4), added cls. (iv) to (viii) and struck out former cl. (iv) which read as follows: "an official, agent, or employee of a person described in clause (i), (ii), or (iii)." Subsec. (p)(7)(C). Pub. L. 108-20, Sec. 3(g), substituted "individual who - " for "individual who", designated "is authorized to administer such countermeasure under the law of the State in which the countermeasure was administered." as cl. (i), substituted "; or" for period at end of cl. (i), and added cl. (ii). Subsec. (p)(7)(D). Pub. L. 108-20, Sec. 3(h), added subpar. (D). 2002 - Subsecs. (g)(1)(G)(ii), (k)(2), (n)(1)(C). Pub. L. 107-251 substituted "254b(h)" for "256". Subsec. (p). Pub. L. 107-296 added subsec. (p). 1996 - Subsec. (g)(4). Pub. L. 104-299 substituted "under section 254b of this title." for "under any of the following grant programs:" and struck out subpars. (A) to (D) which read as follows: "(A) Section 254b of this title (relating to grants for migrant health centers). "(B) Section 254c of this title (relating to grants for community health centers). "(C) Section 256 of this title (relating to grants for health services for the homeless). "(D) Section 256a of this title (relating to grants for health services for residents of public housing)." Subsec. (o). Pub. L. 104-191 added subsec. (o). 1995 - Subsec. (g)(1). Pub. L. 104-73, Secs. 3(1), 4, 5(a), designated existing provisions as subpar. (A), inserted "and subject to the approval by the Secretary of an application under subparagraph (D)" after "For purposes of this section", substituted "an entity described in paragraph (4), and any officer, governing board member, or employee of such an entity, and any contractor of such an entity who is a physician or other licensed or certified health care practitioner (subject to paragraph (5)), shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under subsection (k)(3) of this section (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, governing board member, employee, or contractor" for ", an entity described in paragraph (4) and any officer, employee, or contractor (subject to paragraph (5)) of such an entity who is a physician or other licensed or certified health care practitioner shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer of the full amount estimated under subsection (k)(1)(A) of this section was made under subsection (k)(3) of this section (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, employee, or contractor", and added subpars. (B) to (H). Subsec. (g)(3). Pub. L. 104-73, Sec. 2(a), struck out at end "This subsection shall not apply with respect to a cause of action arising from an act or omission which occurs on or after January 1, 1996." Subsec. (g)(5)(B). Pub. L. 104-73, Sec. 8, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in the case of an individual who normally performs on average less than 32 1/2 hours of services per week for the entity for the period of the contract and is a licensed or certified provider of obstetrical services - "(i) the individual's medical malpractice liability insurance coverage does not extend to services performed by the individual for the entity under the contract, or "(ii) the Secretary finds that patients to whom the entity furnishes services will be deprived of obstetrical services if such individual is not considered a contractor of the entity for purposes of paragraph (1)." Subsec. (h). Pub. L. 104-73, Sec. 5(b)(1), in introductory provisions substituted "The Secretary may not approve an application under subsection (g)(1)(D) of this section unless the Secretary determines that the entity - " for "Notwithstanding subsection (g)(1) of this section, the Secretary, in consultation with the Attorney General, may not deem an entity described in subsection (g)(4) of this section to be an employee of the Public Health Service Act for purposes of this section unless the entity - ". Subsec. (h)(4). Pub. L. 104-73, Sec. 5(b)(2), substituted "will fully cooperate" for "has fully cooperated". Subsec. (i)(1). Pub. L. 104-73, Sec. 9, substituted "may on the record determine, after notice and opportunity for a full and fair hearing" for "may determine, after notice and opportunity for a hearing". Subsec. (k)(1)(A). Pub. L. 104-73, Sec. 2(b)(1), substituted "For each fiscal year" for "For each of the fiscal years 1993, 1994, and 1995" and struck out "(except that an estimate shall be made for fiscal year 1993 by December 31, 1992, subject to an adjustment within 90 days thereafter)" after "beginning of the year". Subsec. (k)(2). Pub. L. 104-73, Secs. 2(b)(2), 10, substituted "for each fiscal year" for "for each of the fiscal years 1993, 1994, and 1995" and "$10,000,000" for "$30,000,000". Subsec. (k)(3). Pub. L. 104-73, Sec. 3(2), which directed amendment of subsec. (k)(3) by inserting "governing board member," after "officer,", was executed by inserting such language after "officers," to reflect the probable intent of Congress. Subsec. (l). Pub. L. 104-73, Sec. 6, added subsec. (l). Subsec. (m). Pub. L. 104-73, Sec. 7, added subsec. (m). Subsec. (n). Pub. L. 104-73, Sec. 11, added subsec. (n). 1993 - Subsec. (k)(2). Pub. L. 103-183 inserted at end "Appropriations for purposes of this paragraph shall be made separate from appropriations made for purposes of sections 254b, 254c, 256 and 256a of this title." 1992 - Subsecs. (g) to (k). Pub. L. 102-501 added subsecs. (g) to (k). EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111-148, title X, Sec. 10608(b), Mar. 23, 2010, 124 Stat. 1014, provided that: "The amendment made by this section [amending this section] shall take effect on the date of enactment of this Act [Mar. 23, 2010] and apply to any act or omission which occurs on or after that date." EFFECTIVE DATE OF 2003 AMENDMENTS Pub. L. 108-163, Sec. 3, Dec. 6, 2003, 117 Stat. 2023, provided that: "This Act [see Short Title of 2003 Amendments note set out under section 201 of this title] is deemed to have taken effect immediately after the enactment of Public Law 107-251 [Oct. 26, 2002]." Pub. L. 108-20, Sec. 3(j), Apr. 30, 2003, 117 Stat. 649, provided that: "This section [amending this section] shall take effect as of November 25, 2002." EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Section 5 of Pub. L. 104-299, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(e) [title V, Sec. 521], Sept. 30, 1996, 110 Stat. 3009-233, 3009-275, provided that: "This Act [enacting sections 254b and 254c of this title, amending this section and sections 256c, 1395x, and 1396d of this title, repealing sections 256 and 256a of this title, and enacting provisions set out as notes under sections 201 and 254b of this title] and the amendments made by this Act shall become effective on October 1, 1996." [Section 101(e) [title V, Sec. 521] of Pub. L. 104-208 provided that the amendment made by that section is effective on the day after Oct. 11, 1996.] EFFECTIVE DATE OF 1995 AMENDMENT Section 5(c) of Pub. L. 104-73 provided that: "If, on the day before the date of the enactment of this Act [Dec. 26, 1995], an entity was deemed to be an employee of the Public Health Service for purposes of section 224(g) of the Public Health Service Act [subsec. (g) of this section], the condition under paragraph (1)(D) of such section (as added by subsection (a) of this section) that an application be approved with respect to the entity does not apply until the expiration of the 180-day period beginning on such date." EFFECTIVE DATE OF 1992 AMENDMENT Section 6 of Pub. L. 102-501 provided that: "The amendments made by this Act [amending this section] shall take effect on the date of the enactment of this Act [Oct. 24, 1992]." REPORT ON RISK EXPOSURE OF COVERED ENTITIES Pub. L. 102-501, Sec. 5, Oct. 24, 1992, 106 Stat. 3271, provided that: "(a) In General. - Not later than April 1, 1995, the Attorney General, in consultation with the Secretary of Health and Human Services (hereafter referred to as the 'Secretary'), shall submit a report to Congress on the medical malpractice liability claims experience of entities subject to section 224(g) of the Public Health Service Act [42 U.S.C. 233(g)] (as added by section 2(a)) and the risk exposure associated with such entities. "(b) Effect of Liability Protections on Costs Incurred by Covered Entities. - The Attorney General's report under subsection (a) shall include an analysis by the Secretary comparing - "(1) the Secretary's estimate of the aggregate amounts that such entities (together with the officers, employees, and contractors of such entities who are subject to section 224(g) of such Act) would have directly or indirectly paid to obtain medical malpractice liability insurance coverage had section 224(g) of the Public Health Service Act not been enacted into law, with "(2) the aggregate amounts by which the grants received by such entities under the Public Health Service Act [this chapter] were reduced as a result of the enactment of section 224(k)(2) of such Act [42 U.S.C. 233(k)(2)]." -FOOTNOTE- (!1) See References in Text notes below. (!2) So in original. There is no closing parenthesis. (!3) So in original. Probably should be "members,". (!4) See References in Text notes below. (!5) So in original. Probably should be "subclause". -End- -CITE- 42 USC Sec. 234 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 234. Repealed. -MISC1- Sec. 234. Repealed. Pub. L. 94-484, title IV, Sec. 408(b)(1), Oct. 12, 1976, 90 Stat. 2281, eff. Oct. 1, 1977. Section, act July 1, 1944, ch. 373, title II, Sec. 225, as added Oct. 27, 1972, Pub. L. 92-585, Sec. 5, 86 Stat. 1293; amended Aug. 23, 1974, Pub. L. 93-385, Sec. 1, 88 Stat. 741; Apr. 22, 1976, Pub. L. 94-278, title IX, Sec. 901, 90 Stat. 415; Sept. 30, 1976, Pub. L. 94-437, title I, Sec. 104, 90 Stat. 1403; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(t), 90 Stat. 2246, related to Public Health and National Health Service Corps Scholarship Training program. -End- -CITE- 42 USC Sec. 235 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 235. Administration of grants in multigrant projects; promulgation of regulations -STATUTE- For the purpose of facilitating the administration of, and expediting the carrying out of the purposes of, the programs established by subchapters V, VI, and VII (!1) of this chapter, and sections 242b, 246(a), 246(b), 246(c), 246(d),(!1) and 246(e) (!1) of this title in situations in which grants are sought or made under two or more of such programs with respect to a single project, the Secretary is authorized to promulgate regulations - (1) under which the administrative functions under such programs with respect to such project will be performed by a single administrative unit which is the administrative unit charged with the administration of any of such programs or is the administrative unit charged with the supervision of two or more of such programs; (2) designed to reduce the number of applications, reports, and other materials required under such programs to be submitted with respect to such project, and otherwise to simplify, consolidate, and make uniform (to the extent feasible), the data and information required to be contained in such applications, reports, and other materials; and (3) under which inconsistent or duplicative requirements imposed by such programs will be revised and made uniform with respect to such project; except that nothing in this section shall be construed to authorize the Secretary to waive or suspend, with respect to any such project, any requirement with respect to any of such programs if such requirement is imposed by law or by any regulation required by law. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 226, formerly title III, Sec. 310A, as added Pub. L. 91-515, title II, Sec. 270, Oct. 30, 1970, 84 Stat. 1306; amended Pub. L. 92-157, title II, Sec. 201, Nov. 18, 1971, 85 Stat. 461; renumbered Sec. 226, Pub. L. 93-353, title I, Sec. 102(e), July 23, 1974, 88 Stat. 362.) -REFTEXT- REFERENCES IN TEXT Subchapters V and VI of this chapter, referred to in text, are classified to sections 292 et seq. and 296 et seq., respectively, of this title. Subchapter VII of this chapter, referred to in text, which was classified to section 299 et seq. of this title, was repealed by Pub. L. 99-117, Sec. 12(d), Oct. 7, 1985, 99 Stat. 495. Section 246(d) of this title, referred to in text, was repealed by Pub. L. 97-35, title IX, Sec. 902(b), Aug. 13, 1981, 95 Stat. 559. Section 246(e) of this title, referred to in text, was repealed by Pub. L. 94-63, title V, Sec. 501(b), July 29, 1975, 89 Stat. 346. -COD- CODIFICATION Section was formerly classified to section 242i of this title. -MISC1- AMENDMENTS 1971 - Pub. L. 92-157 provided for administration of programs established under subchapters V and VI of this chapter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 236 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 236. Orphan Products Board -STATUTE- (a) Establishment; composition; chairman There is established in the Department of Health and Human Services a board for the development of drugs (including biologics) and devices (including diagnostic products) for rare diseases or conditions to be known as the Orphan Products Board. The Board shall be comprised of the Assistant Secretary for Health of the Department of Health and Human Services and representatives, selected by the Secretary, of the Food and Drug Administration, the National Institutes of Health, the Centers for Disease Control and Prevention, and any other Federal department or agency which the Secretary determines has activities relating to drugs and devices for rare diseases or conditions. The Assistant Secretary for Health shall chair the Board. (b) Function The function of the Board shall be to promote the development of drugs and devices for rare diseases or conditions and the coordination among Federal, other public, and private agencies in carrying out their respective functions relating to the development of such articles for such diseases or conditions. (c) Duties with respect to drugs for rare diseases or conditions In the case of drugs for rare diseases or conditions the Board shall - (1) evaluate - (A) the effect of subchapter B of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360aa et seq.] on the development of such drugs, and (B) the implementation of such subchapter; (!1) (2) evaluate the activities of the National Institutes of Health for the development of drugs for such diseases or conditions, (3) assure appropriate coordination among the Food and Drug Administration, the National Institutes of Health and the Centers for Disease Control and Prevention in the carrying out of their respective functions relating to the development of drugs for such diseases or conditions to assure that the activities of each agency are complementary, (4) assure appropriate coordination among all interested Federal agencies, manufacturers, and organizations representing patients, in their activities relating to such drugs, (5) with the consent of the sponsor of a drug for a rare disease or condition exempt under section 505(i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355(i)] or regulations issued under such section, inform physicians and the public respecting the availability of such drug for such disease or condition and inform physicians and the public respecting the availability of drugs approved under section 505(c) of such Act [21 U.S.C. 355(c)] or licensed under section 262 of this title for rare diseases or conditions, (6) seek business entities and others to undertake the sponsorship of drugs for rare diseases or conditions, seek investigators to facilitate the development of such drugs, and seek business entities to participate in the distribution of such drugs, and (7) recognize the efforts of public and private entities and individuals in seeking the development of drugs for rare diseases or conditions and in developing such drugs. (d) Consultation The Board shall consult with interested persons respecting the activities of the Board under this section and as part of such consultation shall provide the opportunity for the submission of oral views. (e) Annual report; contents The Board shall submit to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives an annual report - (1) identifying the drugs which have been designated under section 526 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360bb] for a rare disease or condition, (2) describing the activities of the Board, and (3) containing the results of the evaluations carried out by the Board. The Director of the National Institutes of Health shall submit to the Board for inclusion in the annual report a report on the rare disease and condition research activities of the Institutes of the National Institutes of Health; the Secretary of the Treasury shall submit to the Board for inclusion in the annual report a report on the use of the credit against tax provided by section 44H (!2) of title 26; and the Secretary of Health and Human Services shall submit to the Board for inclusion in the annual report a report on the program of assistance under section 360ee of title 21 for the development of drugs for rare diseases and conditions. Each annual report shall be submitted by June 1 of each year for the preceding calendar year. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 227, as added Pub. L. 97- 414, Sec. 3, Jan. 4, 1983, 96 Stat. 2051; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-321, title I, Sec. 163(b)(1), July 10, 1992, 106 Stat. 375; Pub. L. 102-531, title III, Sec. 312(d)(1), Oct. 27, 1992, 106 Stat. 3504.) -REFTEXT- REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(1)(A), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended. Subchapter B of the Federal Food, Drug, and Cosmetic Act probably means subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act which is classified generally to part B (section 360aa et seq.) of subchapter V of chapter 9 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. Section 44H of title 26, referred to in subsec. (e), was renumbered section 28 of title 26, by Pub. L. 98-369, div. A, title IV, Sec. 471(c)(1), July 18, 1984, 98 Stat. 826, and subsequently renumbered section 45C of title 26 by Pub. L. 104-188, title I, Sec. 1205(a)(1), Aug. 20, 1996, 110 Stat. 1775. -MISC1- PRIOR PROVISIONS A prior section 236, act July 1, 1944, ch. 373, title II, Sec. 227, formerly title III, Sec. 310B, as added Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 280, 84 Stat. 1307; renumbered Sec. 227 and amended July 23, 1974, Pub. L. 93-353, title I, Sec. 102(f), 88 Stat. 362, related to an annual report by Secretary on activities related to health facilities and services and expenditure of funds, prior to repeal by Pub. L. 97-35, title XXI, Sec. 2193(b)(4), Aug. 13, 1981, 95 Stat. 827. AMENDMENTS 1992 - Subsec. (a). Pub. L. 102-531 substituted "Centers for Disease Control and Prevention" for "Centers for Disease Control". Subsec. (c)(2). Pub. L. 102-321, Sec. 163(b)(1)(A), which directed the striking out of ", and the Alcohol, Drug Abuse, and Mental Health Administration", was executed by striking "and the Alcohol, Drug Abuse, and Mental Health Administration" after "National Institutes of Health" to reflect the probable intent of Congress. Subsec. (c)(3). Pub. L. 102-531 substituted "Centers for Disease Control and Prevention" for "Centers for Disease Control". Pub. L. 102-321, Sec. 163(b)(1)(B), struck out ", the Alcohol, Drug Abuse, and Mental Health Administration," after "National Institutes of Health". Subsec. (e). Pub. L. 102-321, Sec. 163(b)(1)(C), (D), in concluding provisions, struck out "and the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration" after "National Institutes of Health" the first place appearing and "and the Alcohol, Drug Abuse, and Mental Health Administration" after "National Institutes of Health" the second place appearing. 1986 - Subsec. (e). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. -CHANGE- CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. -MISC2- EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-321, title VIII, Sec. 801, July 10, 1992, 106 Stat. 441, provided that: "(a) In General. - This Act [See Tables for classification] takes effect on the date of the enactment of this Act [July 10, 1992], subject to subsections (b) through (d). "(b) Amendments. - The amendments described in this Act are made on the date of the enactment of this Act and take effect on such date, except as provided in subsections (c) and (d). "(c) Reorganization Under Title I. - Title I [Secs. 101-171] takes effect on October 1, 1992. The amendments described in such title are made on such date and take effect on such date. "(d) Programs Providing Financial Assistance. - "(1) Fiscal year 1993 and subsequent years. - In the case of any program making awards of grants, cooperative agreements, or contracts, the amendments made by this Act are effective for awards made on or after October 1, 1992. "(2) Prior fiscal years. - "(A) Except as provided in subparagraph (B), in the case of any program making awards of grants, cooperative agreements, or contracts, if the program began operation prior to the date of the enactment of this Act [July 10, 1992] and the program is amended by this Act, awards made prior to October 1, 1992, shall continue to be subject to the terms and conditions upon which such awards were made, notwithstanding the amendments made by this Act. "(B) Subparagraph (A) does not apply with respect to the amendments made by this Act to part B of title XIX of the Public Health Service Act [section 300x et seq. of this title]. Section 205(a) [set out as a note under section 300x of this title] applies with respect to the program established in such part." TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (e) of this section relating to the requirement to submit an annual report to certain committees of Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 101 of House Document No. 103- 7. USE OF "CDC" AS ACRONYM FOR CENTERS FOR DISEASE CONTROL AND PREVENTION Section 312(i) of Pub. L. 102-531 provided that: "The amendments made by this section [amending this section, sections 247d, 280b to 280b-2, 285c-4, 285d-7, 285m-4, 289c, 290aa-9, 290bb-1, 300u-5, 300aa-2, 300aa-19, 300aa-26, 300cc, 300cc-2, 300cc-15, 300cc-17, 300cc-20, 300cc-31, 300ee-1, 300ee-2, 300ee-31, 300ee-32, 300ee-34, 300ff-11 to 300ff-13, 300ff-17, 300ff-27, 300ff-28, 300ff-41, 300ff- 43, 300ff-49, 300ff-75, 4841, and 9604 of this title, section 1341 of Title 15, Commerce and Trade, section 2001 of Title 25, Indians, and provisions set out as notes under sections 241 and 281 of this title and section 303 of Title 38, Veterans' Benefits] may not be construed as prohibiting the Director of the Centers for Disease Control and Prevention from utilizing for official purposes the term 'CDC' as an acronym for such Centers." NATIONAL COMMISSION ON ORPHAN DISEASES Pub. L. 99-91, Sec. 4, Aug. 15, 1985, 99 Stat. 388, as amended by Pub. L. 100-290, Sec. 4, Apr. 18, 1988, 102 Stat. 92; Pub. L. 102- 321, title I, Sec. 163(c)(1), July 10, 1992, 106 Stat. 376, provided that: "(a) Establishment. - There is established the National Commission on Orphan Diseases (hereinafter referred to as the 'Commission'). "(b) Duty. - The Commission shall assess the activities of the National Institutes of Health, the Food and Drug Administration, other public agencies, and private entities in connection with - "(1) basic research conducted on rare diseases; "(2) the use in research on rare diseases of knowledge developed in other research; "(3) applied and clinical research on the prevention, diagnosis, and treatment of rare diseases; and "(4) the dissemination to the public, health care professionals, researchers, and drug and medical device manufacturers of knowledge developed in research on rare diseases and other diseases which can be used in the prevention, diagnosis, and treatment of rare diseases. "(c) Review Requirements. - In assessing the activities of the National Institutes of Health, and the Food and Drug Administration in connection with research on rare diseases, the Commission shall review - "(1) the appropriateness of the priorities currently placed on research on rare diseases; "(2) the relative effectiveness of grants and contracts when used to fund research on rare diseases; "(3) the appropriateness of specific requirements applicable to applications for funds for research on rare diseases taking into consideration the reasonable capacity of applicants to meet such requirements; "(4) the adequacy of the scientific basis for such research, including the adequacy of the research facilities and research resources used in such research and the appropriateness of the scientific training of the personnel engaged in such research; "(5) the effectiveness of activities undertaken to encourage such research; "(6) the organization of the peer review process applicable to applications for funds for such research to determine if the organization of the peer review process could be revised to improve the effectiveness of the review provided to proposals for research on rare diseases; "(7) the effectiveness of the coordination between the national research institutes of the National Institutes of Health, the Food and Drug Administration, and private entities in supporting such research; and "(8) the effectiveness of activities undertaken to assure that knowledge developed in research on nonrare diseases is, when appropriate, used in research on rare diseases. "(d) Composition. - The Commission shall be composed of twenty members appointed by the Secretary of Health and Human Services as follows: "(1) Ten members shall be appointed from individuals who are not officers or employees of the Government and who by virtue of their training or experience in research on rare diseases or in the treatment of rare diseases are qualified to serve on the Commission. "(2) Five members shall be appointed from individuals who are not officers or employees of the Government and who have a rare disease or are employed to represent or are members of an organization concerned about rare disease. "(3) Four nonvoting members shall be appointed for the directors of the national research institutes of the National Institutes of Health which the Secretary determines are involved with rare diseases. "(4) One nonvoting member shall be appointed from officers or employees of the Food and Drug Administration who the Secretary determines are involved with rare diseases. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. If any member of the Commission who was appointed to the Commission as a director of a national research institute or as an officer or employee of the Food and Drug Administration leaves that office or position, or if any member of the Commission who was appointed from persons who are not officers or employees of the Government becomes an officer or employee of the Government, such member may continue as a member of the Commission for not longer than the ninety-day period beginning on the date such member leaves that office or position or becomes such an officer or employee, as the case may be. "(e) Term. - Members shall be appointed for the life of the Commission. "(f) Compensation. - "(1) Except as provided in paragraph (2), members of the Commission shall each be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties as members of the Commission. "(2) Members of the Commission who are full-time officers or employees of the Government shall receive no additional pay by reason of their service on the Commission. "(g) Chairman. - The Chairman of the Commission shall be designated by the members of the Commission. "(h) Staff. - Subject to such rules as may be prescribed by the Commission, the Commission may appoint and fix the pay of such personnel as it determines are necessary to enable the Commission to carry out its functions. Personnel shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. "(i) Experts and Consultants. - Subject to such rules as may be prescribed by the Commission, the Commission may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the basic pay payable for grade GS-15 of the General Schedule. "(j) Detail of Personnel. - Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its functions. "(k) Administrative Support Services. - The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. "(l) General Authority. - The Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. "(m) Information. - The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman, the head of such department or agency shall furnish such information to the Commission. "(n) Report. - The Commission shall transmit to the Secretary and to each House of the Congress a report not later than February 1, 1989, on the activities of the Commission. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for - "(1) a long range plan for the use of public and private resources to improve research into rare diseases and to assist in the prevention, diagnosis, and treatment of rare diseases; and "(2) such legislation or administrative actions as it considers appropriate. "(o) Termination. - The Commission shall terminate 90 days after the date of the submittal of its report under subsection (n). "(p) Funds. - The Director of the National Institutes of Health shall make available $1,000,000 to the Commission from appropriations for fiscal year 1986 for the National Institutes of Health." -FOOTNOTE- (!1) So in original. The semicolon probably should be a comma. (!2) See References in Text note below. -End- -CITE- 42 USC Sec. 237 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 237. Silvio O. Conte Senior Biomedical Research Service -STATUTE- (a) Creation; number of members (1) There shall be in the Public Health Service a Silvio O. Conte Senior Biomedical Research Service, not to exceed 500 members. (2) The authority established in paragraph (1) regarding the number of members in the Silvio O. Conte Senior Biomedical Research Service is in addition to any authority established regarding the number of members in the commissioned Regular Corps, in the Reserve Corps, and in the Senior Executive Service. Such paragraph may not be construed to require that the number of members in the commissioned Regular Corps, in the Reserve Corps, or in the Senior Executive Service be reduced to offset the number of members serving in the Silvio O. Conte Senior Biomedical Research Service (in this section referred to as the "Service"). (b) Appointments; qualifications; provisions inapplicable to members The Service shall be appointed by the Secretary without regard to the provisions of title 5 regarding appointment, and shall consist of individuals outstanding in the field of biomedical research or clinical research evaluation. No individual may be appointed to the Service unless such individual (1) has earned a doctoral level degree in biomedicine or a related field, and (2) meets the qualification standards prescribed by the Office of Personnel Management for appointment to a position at GS-15 of the General Schedule. Notwithstanding any previous applicability to an individual who is a member of the Service, the provisions of subchapter I of chapter 35 (relating to retention preference), chapter 43 (relating to performance appraisal and performance actions), chapter 51 (relating to classification), subchapter III of chapter 53 (relating to General Schedule pay rates), and chapter 75 (relating to adverse actions) of title 5 shall not apply to any member of the Service. (c) Performance appraisal system The Secretary shall develop a performance appraisal system designed to - (1) provide for the systematic appraisal of the performance of members, and (2) encourage excellence in performance by members. (d) Pay of members (1) The Secretary shall determine, subject to the provisions of this subsection, the pay of members of the Service. (2) The pay of a member of the Service shall not be less than the minimum rate payable for GS-15 of the General Schedule and shall not exceed the rate payable for level I of the Executive Schedule unless approved by the President under section 5377(d)(2) of title 5. (e) Contribution to retirement system of institutions of higher education The Secretary may, upon the request of a member who - (1) performed service in the employ of an institution of higher education immediately prior to his appointment as a member of the Service, and (2) retains the right to continue to make contributions to the retirement system of such institution, contribute an amount not to exceed 10 percent per annum of the member's basic pay to such institution's retirement system on behalf of such member. A member who requests that such contribution be made shall not be covered by, or earn service credit under, any retirement system established for employees of the United States under title 5, but such service shall be creditable for determining years of service under section 6303(a) of such title. (f) Career and noncareer appointment of certain individuals Subject to the following sentence, the Secretary may, notwithstanding the provisions of title 5 regarding appointment, appoint an individual who is separated from the Service involuntarily and without cause to a position in the competitive civil service at GS-15 of the General Schedule, and such appointment shall be a career appointment. In the case of such an individual who immediately prior to his appointment to the Service was not a career appointee in the civil service or the Senior Executive Service, such appointment shall be in the excepted civil service and may not exceed a period of 2 years. (g) Rules and regulations The Secretary shall promulgate such rules and regulations, not inconsistent with this section, as may be necessary for the efficient administration of the Service. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 228, as added Pub. L. 101- 509, title V, Sec. 529 [title III, Sec. 304(a)], Nov. 5, 1990, 104 Stat. 1427, 1463; amended Pub. L. 103-43, title XX, Sec. 2001, June 10, 1993, 107 Stat. 208.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in subsecs. (b), (d)(2), and (f), is set out under section 5332 of Title 5, Government Organization and Employees. The provisions of title 5 regarding appointments, referred to in subsecs. (b) and (f), are classified to section 3301 et seq. of Title 5. Level I of the Executive Schedule, referred to in subsec. (d)(2), is set out in section 5312 of Title 5. -MISC1- AMENDMENTS 1993 - Pub. L. 103-43, Sec. 2001(b), substituted "Silvio O. Conte Senior Biomedical Research Service" for "Senior Biomedical Research Service" in section catchline. Subsec. (a). Pub. L. 103-43, Sec. 2001(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "There shall be in the Public Health Service a Senior Biomedical Research Service (hereinafter in this section referred to as the 'Service'), not to exceed 350 members at any time." EFFECTIVE DATE Section effective on the 90th day following Nov. 5, 1990, see section 529 [title III, Sec. 304(c)] of Pub. L. 101-509, set out as an Effective Date of 1990 Amendment note under section 212 of this title. -End- -CITE- 42 USC Sec. 237a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 237a. Health and Human Services Office on Women's Health -STATUTE- (a) Establishment of Office There is established within the Office of the Secretary, an Office on Women's Health (referred to in this section as the "Office"). The Office shall be headed by a Deputy Assistant Secretary for Women's Health who may report to the Secretary. (b) Duties The Secretary, acting through the Office, with respect to the health concerns of women, shall - (1) establish short-range and long-range goals and objectives within the Department of Health and Human Services and, as relevant and appropriate, coordinate with other appropriate offices on activities within the Department that relate to disease prevention, health promotion, service delivery, research, and public and health care professional education, for issues of particular concern to women throughout their lifespan; (!1) (2) provide expert advice and consultation to the Secretary concerning scientific, legal, ethical, and policy issues relating to women's health; (3) monitor the Department of Health and Human Services' offices, agencies, and regional activities regarding women's health and identify needs regarding the coordination of activities, including intramural and extramural multidisciplinary activities; (4) establish a Department of Health and Human Services Coordinating Committee on Women's Health, which shall be chaired by the Deputy Assistant Secretary for Women's Health and composed of senior level representatives from each of the agencies and offices of the Department of Health and Human Services; (5) establish a National Women's Health Information Center to - (A) facilitate the exchange of information regarding matters relating to health information, health promotion, preventive health services, research advances, and education in the appropriate use of health care; (B) facilitate access to such information; (C) assist in the analysis of issues and problems relating to the matters described in this paragraph; and (D) provide technical assistance with respect to the exchange of information (including facilitating the development of materials for such technical assistance); (6) coordinate efforts to promote women's health programs and policies with the private sector; and (7) through publications and any other means appropriate, provide for the exchange of information between the Office and recipients of grants, contracts, and agreements under subsection (c), and between the Office and health professionals and the general public. (c) Grants and contracts regarding duties (1) Authority In carrying out subsection (b), the Secretary may make grants to, and enter into cooperative agreements, contracts, and interagency agreements with, public and private entities, agencies, and organizations. (2) Evaluation and dissemination The Secretary shall directly or through contracts with public and private entities, agencies, and organizations, provide for evaluations of projects carried out with financial assistance provided under paragraph (1) and for the dissemination of information developed as a result of such projects. (d) Reports Not later than 1 year after March 23, 2010, and every second year thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report describing the activities carried out under this section during the period for which the report is being prepared. (e) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 229, as added Pub. L. 111- 148, title III, Sec. 3509(a)(1), Mar. 23, 2010, 124 Stat. 531.) -MISC1- CONSTRUCTION Pub. L. 111-148, title III, Sec. 3509(j), Mar. 23, 2010, 124 Stat. 537, provided that: "Nothing in this section [enacting this section, sections 242s, 299b-24a, and 914 of this title and section 399b of Title 21, Food and Drugs, amending sections 287d, 290aa, 299b-25, and 299b-26 of this title, and enacting provisions set out as notes under this section] (or the amendments made by this section) shall be construed to limit the authority of the Secretary of Health and Human Services with respect to women's health, or with respect to activities carried out through the Department of Health and Human Services on the date of enactment of this section [Mar. 23, 2010]." -TRANS- TRANSFER OF FUNCTIONS Pub. L. 111-148, title III, Sec. 3509(a)(2), Mar. 23, 2010, 124 Stat. 533, provided that: "There are transferred to the Office on Women's Health (established under section 229 of the Public Health Service Act [42 U.S.C. 237a], as added by this section), all functions exercised by the Office on Women's Health of the Public Health Service prior to the date of enactment of this section [Mar. 23, 2010], including all personnel and compensation authority, all delegation and assignment authority, and all remaining appropriations. All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions that - "(A) have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions transferred under this paragraph; and "(B) are in effect at the time this section takes effect, or were final before the date of enactment of this section and are to become effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law." -MISC2- NO NEW REGULATORY AUTHORITY Pub. L. 111-148, title III, Sec. 3509(h), Mar. 23, 2010, 124 Stat. 537, provided that: "Nothing in this section [enacting this section, sections 242s, 299b-24a, and 914 of this title and section 399b of Title 21, Food and Drugs, amending sections 287d, 290aa, 299b-25, and 299b-26 of this title, and enacting provisions set out as notes under this section] and the amendments made by this section may be construed as establishing regulatory authority or modifying any existing regulatory authority." LIMITATION ON TERMINATION Pub. L. 111-148, title III, Sec. 3509(i), Mar. 23, 2010, 124 Stat. 537, provided that: "Notwithstanding any other provision of law, a Federal office of women's health (including the Office of Research on Women's Health of the National Institutes of Health) or Federal appointive position with primary responsibility over women's health issues (including the Associate Administrator for Women's Services under the Substance Abuse and Mental Health Services Administration) that is in existence on the date of enactment of this section [Mar. 23, 2010] shall not be terminated, reorganized, or have any of it's [sic] powers or duties transferred unless such termination, reorganization, or transfer is approved by Congress through the adoption of a concurrent resolution of approval." -FOOTNOTE- (!1) So in original. Probably should be "lifespans;". -End- -CITE- 42 USC Part B - Miscellaneous Provisions 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- PART B - MISCELLANEOUS PROVISIONS -COD- CODIFICATION This part was classified to subchapter XXV (Sec. 300aaa et seq.) of this chapter prior to its renumbering by Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213. -End- -CITE- 42 USC Sec. 238 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238. Gifts for benefit of Service -STATUTE- (a) Acceptance by Secretary The Secretary of Health and Human Services is authorized to accept on behalf of the United States gifts made unconditionally by will or otherwise for the benefit of the Service or for the carrying out of any of its functions. Conditional gifts may be so accepted if recommended by the Surgeon General, and the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with its conditions, but no gift shall be accepted which is conditioned upon any expenditure not to be met therefrom or from the income thereof unless such expenditure has been approved by Act of Congress. (b) Depository of funds; availability for expenditure Any unconditional gift of money accepted pursuant to the authority granted in subsection (a) of this section, the net proceeds from the liquidation (pursuant to subsection (c) or subsection (d) of this section) of any other property so accepted, and the proceeds of insurance on any such gift property not used for its restoration, shall be deposited in the Treasury of the United States and are hereby appropriated and shall be held in trust by the Secretary of the Treasury for the benefit of the Service, and he may invest and reinvest such funds in interest- bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Such gifts and the income from such investments shall be available for expenditure in the operation of the Service and the performance of its functions, subject to the same examination and audit as is provided for appropriations made for the Service by Congress. (c) Evidences of unconditional gifts of intangible property The evidences of any unconditional gift of intangible personal property, other than money, accepted pursuant to the authority granted in subsection (a) of this section shall be deposited with the Secretary of the Treasury and he, in his discretion, may hold them, or liquidate them except that they shall be liquidated upon the request of the Secretary of Health and Human Services, whenever necessary to meet payments required in the operation of the Service or the performance of its functions. The proceeds and income from any such property held by the Secretary of the Treasury shall be available for expenditure as is provided in subsection (b) of this section. (d) Real property or tangible personal property The Secretary of Health and Human Services shall hold any real property or any tangible personal property accepted unconditionally pursuant to the authority granted in subsection (a) of this section and he shall permit such property to be used for the operation of the Service and the performance of its functions or he may lease or hire such property, and may insure such property, and deposit the income thereof with the Secretary of the Treasury to be available for expenditure as provided in subsection (b) of this section: Provided, That the income from any such real property or tangible personal property shall be available for expenditure in the discretion of the Secretary of Health and Human Services for the maintenance, preservation, or repair and insurance of such property and that any proceeds from insurance may be used to restore the property insured. Any such property when not required for the operation of the Service or the performance of its functions may be liquidated by the Secretary of Health and Human Services, and the proceeds thereof deposited with the Secretary of the Treasury, whenever in his judgment the purposes of the gifts will be served thereby. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 231, formerly title V, Sec. 501, 58 Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 90-574, title V, Sec. 503(b), Oct. 15, 1968, 82 Stat. 1012; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; renumbered title XXI, Sec. 2101, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2301, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2501, Pub. L. 100-607, title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062; renumbered title XXVI, Sec. 2601, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2701, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 231, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa of this title prior to renumbering by Pub. L. 103-43, to section 300cc of this title prior to renumbering by Pub. L. 100-607, to section 300aa of this title prior to renumbering by Pub. L. 99-660, and to section 219 of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1968 - Subsec. (e). Pub. L. 90-574 struck out subsec. (e) which provided for acknowledgment of donations of $50,000 or more in aid of research by the establishment of suitable memorials within the National Institutes of Health and the National Institute of Mental Health. 1948 - Subsec. (e). Act June 16, 1948, substituted "National Institutes of Health" for "National Institute of Health". 1946 - Subsec. (e). Act July 3, 1946, inserted reference to National Institute of Mental Health. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -End- -CITE- 42 USC Sec. 238a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238a. Use of immigration station hospitals -STATUTE- The Immigration and Naturalization Service may, by agreement of the heads of the departments concerned, permit the Public Health Service to use hospitals at immigration stations for the care of Public Health Service patients. The Surgeon General shall reimburse the Immigration and Naturalization Service for the actual cost of furnishing fuel, light, water, telephone, and similar supplies and services, which reimbursement shall be covered into the proper Immigration and Naturalization Service appropriation, or such costs may be paid from working funds established as provided by law, but no charge shall be made for the expense of physical upkeep of the hospitals. The Immigration and Naturalization Service shall reimburse the Surgeon General for the care and treatment of persons detained in hospitals of the Public Health Service at the request of the Immigration and Naturalization Service unless such persons are entitled to care and treatment under section 249(a) (!1) of this title. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 232, formerly title V, Sec. 502, 58 Stat. 710, renumbered title XXI, Sec. 2102, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2302, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2502, Pub. L. 100-607, title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062; renumbered title XXVI, Sec. 2602, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2702, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 232, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -REFTEXT- REFERENCES IN TEXT Subsec. (a) of section 249 of this title, referred to in text, which related to persons entitled to care and treatment without charge, was repealed, and subsec. (c) of section 249 of this title was redesignated as subsec. (a), by Pub. L. 97-35, title IX, Sec. 986(a), (b)(2), Aug. 13, 1981, 95 Stat. 603. -COD- CODIFICATION Section was formerly classified to section 300aaa-1 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-1 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-1 of this title prior to renumbering by Pub. L. 99-660, and to section 220 of this title prior to renumbering by Pub. L. 98-24. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by sections 1 and 2 of Reorg. Plan No. 2 of 1950, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, which were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. Immigration and Naturalization Service, referred to in this section, was a bureau in Department of Justice. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 238b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238b. Disposition of money collected for care of patients -STATUTE- Money collected as provided by law for expenses incurred in the care and treatment of foreign seamen, and money received for the care and treatment of pay patients, including any amounts received from any executive department on account of care and treatment of pay patients, shall be covered into the appropriation from which the expenses of such care and treatment were paid. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 233, formerly title V, Sec. 503, 58 Stat. 710, renumbered title XXI, Sec. 2103, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2303, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2503, Pub. L. 100-607, title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062; renumbered title XXVI, Sec. 2603, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2703, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 233, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-2 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-2 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-2 of this title prior to renumbering by Pub. L. 99-660, and to section 221 of this title prior to renumbering by Pub. L. 98-24. -End- -CITE- 42 USC Sec. 238c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238c. Transportation of remains of officers -STATUTE- Appropriations available for traveling expenses of the Service shall be available for meeting the cost of preparation for burial and of transportation to the place of burial of remains of commissioned officers, and of personnel specified in regulations, who die in line of duty. Appropriations available for carrying out the provisions of this chapter shall also be available for the payment of such expenses relating to the recovery, care and disposition of the remains of personnel or their dependents as may be authorized under other provisions of law. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 234, formerly title V, Sec. 506, 58 Stat. 710; July 15, 1954, ch. 507, Sec. 14(b), 68 Stat. 481; renumbered title XXI, Sec. 2106, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2306, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2504, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2604, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2704, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 234, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-3 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-5 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-5 of this title prior to renumbering by Pub. L. 99-660, and to section 224 of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1954 - Act July 15, 1954, inserted sentence at end relating to availability of appropriations for paying expenses relating to recovery, care, and disposition of the remains of personnel or their dependents. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- DISPOSITION OF REMAINS OF DECEASED PERSONNEL Recovery, care and disposition of the remains of deceased members of the uniformed services and other deceased personnel, see section 1481 et seq. of Title 10, Armed Forces. -End- -CITE- 42 USC Sec. 238d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238d. Availability of appropriations for grants to Federal institutions -STATUTE- Appropriations to the Public Health Service available under this chapter for research, training, or demonstration project grants or for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence and appropriations under title VI of the Mental Health Systems Act [42 U.S.C. 9511 et seq.] shall also be available on the same terms and conditions as apply to non-Federal institutions, for grants for the same purpose to Federal institutions, except that grants to Federal institutions may be funded at 100 per centum of the costs. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 235, formerly title V, Sec. 507, as added Pub. L. 90-31, Sec. 5, June 24, 1967, 81 Stat. 79; amended Pub. L. 91-513, title I, Sec. 3(c), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 94-278, title XI, Sec. 1102(b), Apr. 22, 1976, 90 Stat. 415; Pub. L. 96-398, title VIII, Sec. 804(b), Oct. 7, 1980, 94 Stat. 1608; Pub. L. 97-35, title IX, Sec. 902(g)(2), Aug. 13, 1981, 95 Stat. 560; renumbered title XXI, Sec. 2107, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2307, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2505, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2605, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2705, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 235, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -REFTEXT- REFERENCES IN TEXT The Mental Health Systems Act, referred to in text, is Pub. L. 96- 398, Oct. 7, 1980, 94 Stat. 1564, as amended. Title VI of the Mental Health Systems Act is classified generally to subchapter V (Sec. 9511 et seq.) of chapter 102 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9401 of this title and Tables. -COD- CODIFICATION Section was formerly classified to section 300aaa-4 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-6 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-6 of this title prior to renumbering by Pub. L. 99-660, and to section 225a of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1981 - Pub. L. 97-35 struck out provisions relating to appropriations available under Community Mental Health Centers Act for construction, etc. 1980 - Pub. L. 96-398 struck out "and" after "drug dependence," and inserted reference to title VI of the Mental Health Systems Act. 1976 - Pub. L. 94-278 substituted "Federal institutions, except that grants to" for "hospitals of the Service, of the Veterans' Administration, or of the Bureau of Prisons of the Department of Justice, and to Saint Elizabeths Hospital, except grants to such". 1970 - Pub. L. 91-513 inserted references to appropriations available for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence, and appropriations available under Community Mental Health Centers Act for construction and staffing of community mental health centers and alcoholism and narcotic addiction, drug abuse, and drug dependence facilities, and inserted provision that grants to specified Federal institutions may be funded at 100 per centum of the costs. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as a note under section 238l of this title. EFFECTIVE DATE Section 5 of Pub. L. 90-31 provided that this section is effective July 1, 1968. -End- -CITE- 42 USC Sec. 238e 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238e. Transfer of funds -STATUTE- For the purpose of any reorganization under section 203 of this title, the Secretary, with the approval of the Director of the Office of Management and Budget, is authorized to make such transfers of funds between appropriations as may be necessary for the continuance of transferred functions. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 236, formerly title V, Sec. 508, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; renumbered title XXI, Sec. 2108, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2308, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2506, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2606, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2706, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 236, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-5 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-7 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-7 of this title prior to renumbering by Pub. L. 99-660, and to section 226 of this title prior to renumbering by Pub. L. 98-24. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of Management and Budget. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -End- -CITE- 42 USC Sec. 238f 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238f. Availability of appropriations -STATUTE- Appropriations for carrying out the purposes of this chapter shall be available for expenditure for personal services and rent at the seat of Government; books of reference, periodicals, and exhibits; printing and binding; transporting in Government-owned automotive equipment, to and from school, children of personnel who have quarters for themselves and their families at stations determined by the Surgeon General to be isolated stations; expenses incurred in pursuing, identifying, and returning prisoners who escape from any hospital, institution, or station of the Service or from the custody of any officer or employee of the Service, including rewards for the capture of such prisoners; furnishing, repairing, and cleaning such wearing apparel as may be prescribed by the Surgeon General for use by employees in the performance of their official duties; reimbursing officers and employees, subject to regulations of the Secretary, for the cost of repairing or replacing their personal belongings damaged or destroyed by patients while such officers or employees are engaged in the performance of their official duties; and maintenance of buildings of the National Institutes of Health. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 237, formerly title V, Sec. 509, 58 Stat. 711; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; June 25, 1948, ch. 654, Sec. 7, 62 Stat. 1018; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered title XXI, Sec. 2109, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2309, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2507, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2607, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2707, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 237, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-6 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-8 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-8 of this title prior to renumbering by Pub. L. 99-660, and to section 227 of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1948 - Act June 25, 1948, amended section generally to make it apply to all appropriations to carry out the purposes of the Service instead of merely to appropriations to carry out the research functions of the Service. Act June 16, 1948, substituted "National Institutes of Health" for "National Institute of Health". -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -MISC2- BUY AMERICAN PROVISIONS Section 2004 of Pub. L. 103-43, as amended by Pub. L. 105-392, title IV, Sec. 416(a), (b), Nov. 13, 1998, 112 Stat. 3590, provided that: "(a) Sense of Congress Regarding Purchase of American-Made Equipment and Products. - In the case of any equipment or product that may be authorized to be purchased with financial assistance provided pursuant to this Act for any of the fiscal years 1994 through 1996, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. "(b) Notice to Recipients of Assistance. - In providing financial assistance pursuant to this Act, the Secretary of Health and Human Services shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress." [Pub. L. 105-392, title IV, Sec. 416(c), Nov. 13, 1998, 112 Stat. 3591, provided that: "This section [amending section 2004 of Pub. L. 103-43, set out above] is deemed to have taken effect immediately after the enactment of Public Law 103-43 [June 10, 1993]."] AVAILABILITY OF APPROPRIATIONS FOR ACTIVE COMMISSIONED OFFICERS AND OTHER EXPENSES Pub. L. 102-394, title II, Sec. 202, Oct. 6, 1992, 106 Stat. 1810, as amended by Pub. L. 111-8, div. F, title II, Sec. 222, Mar. 11, 2009, 123 Stat. 784; Pub. L. 111-148, title V, Sec. 5209, Mar. 23, 2010, 124 Stat. 613, provided that: "Appropriations in this or any other Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence expenses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific activities of the Department pursuant to law; expenses of primary and secondary schooling of dependents in foreign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such dependents, between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; expenses for medical care for civilian and commissioned employees of the Public Health Service and their dependents assigned abroad on a permanent basis in accordance with such regulations as the Secretary may provide; rental or lease of living quarters (for periods not exceeding five years), and provision of heat, fuel, and light and maintenance, improvement, and repair of such quarters, and advance payments therefor, for civilian officers and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Public Health Service Act [42 U.S.C. 209(f), (g)], at rates established by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376." [Pub. L. 111-148, Sec. 5209, which directed amendment of Pub. L. 102-394, Sec. 202, set out above, by striking out "not to exceed 2,800", was executed by striking out "not to exceed 4,000" before "commissioned officers in the Regular Corps", to reflect the probable intent of Congress.] [For reference to maximum rate under section 5376 of Title 5, Government Organization and Employees, see section 2(d)(3) of Pub. L. 110-372, set out as an Effective Date of 2008 Amendment note under section 5376 of Title 5.] Similar provisions were contained in the following prior appropriation acts: Pub. L. 102-170, title II, Sec. 202, Nov. 26, 1991, 105 Stat. 1126. Pub. L. 101-517, title II, Sec. 202, Nov. 5, 1990, 104 Stat. 2208. Pub. L. 101-166, title II, Sec. 203, Nov. 21, 1989, 103 Stat. 1176. Pub. L. 100-202, Sec. 101(h) [title II, Sec. 203], Dec. 22, 1987, 101 Stat. 1329-256, 1329-273. Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 203], Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233, title II, Sec. 203], Oct. 30, 1986, 100 Stat. 3341-287. Pub. L. 99-178, title II, Sec. 203, Dec. 12, 1985, 99 Stat. 1118. Pub. L. 98-619, title II, Sec. 203, Nov. 8, 1984, 98 Stat. 3320. Pub. L. 98-139, title II, Sec. 203, Oct. 31, 1983, 97 Stat. 887. Pub. L. 97-377, title I, Sec. 101(e)(1) [title II, Sec. 203], Dec. 21, 1982, 96 Stat. 1878, 1893. CREDITING OF PAYMENTS FOR ROOM AND BOARD TO APPROPRIATION ACCOUNTS Pub. L. 102-394, title II, Sec. 206, Oct. 6, 1992, 106 Stat. 1811, provided that: "Hereafter amounts received from employees of the Department in payment for room and board may be credited to the appropriation accounts which finance the activities of the Public Health Service." Similar provisions were contained in the following prior appropriation acts: Pub. L. 102-170, title II, Sec. 206, Nov. 26, 1991, 105 Stat. 1126. Pub. L. 101-517, title II, Sec. 206, Nov. 5, 1990, 104 Stat. 2209. Pub. L. 101-166, title II, Sec. 207, Nov. 21, 1989, 103 Stat. 1177. -End- -CITE- 42 USC Sec. 238g 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238g. Wearing of uniforms -STATUTE- Except as may be authorized by regulations of the President, the insignia and uniform of commissioned officers of the Service, or any distinctive part of such insignia or uniform, or any insignia or uniform any part of which is similar to a distinctive part thereof, shall not be worn, after the promulgation of such regulations, by any person other than a commissioned officer of the Service. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 238, formerly title V, Sec. 510, 58 Stat. 711; June 25, 1948, ch. 645, Sec. 5, 62 Stat. 859; renumbered title XXI, Sec. 2110, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2310, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2508, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2608, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2708, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 238, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-7 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-9 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-9 of this title prior to renumbering by Pub. L. 99-660, and to section 228 of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1948 - Act June 25, 1948, struck out penal provisions. See section 702 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Amendment effective Sept. 1, 1948, see section 20 of act June 25, 1948. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -End- -CITE- 42 USC Sec. 238h 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238h. Biennial report -STATUTE- The Surgeon General shall transmit to the Secretary, for submission to the Congress, on January 1, 1995, and on January 1, every 2 years thereafter, a full report of the administration of the functions of the Service under this chapter, including a detailed statement of receipts and disbursements. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 239, formerly title V, Sec. 511, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered title XXI, Sec. 2111, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2311, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2509, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2609, Pub. L. 100- 690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2709, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 239, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213; Pub. L. 104-66, title I, Sec. 1062(a), Dec. 21, 1995, 109 Stat. 720.) -COD- CODIFICATION Section was formerly classified to section 300aaa-8 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-10 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-10 of this title prior to renumbering by Pub. L. 99-660, and to section 229 of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1995 - Pub. L. 104-66 amended section catchline and text generally. Prior to amendment, text read as follows: "The Surgeon General shall transmit to the Secretary, for submission to the Congress at the beginning of each regular session, a full report of the administration of the functions of the Service under this chapter, including a detailed statement of receipts and disbursements." TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which item 3 on page 101 identifies a reporting provision which, as subsequently amended, is contained in this section), see section 3003 of Pub. L. 104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out as notes under section 1113 of Title 31, Money and Finance. -TRANS- TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 202 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -MISC2- AGENCY REPORTING REQUIREMENTS; REPORT BY SECRETARY OF HEALTH, EDUCATION, AND WELFARE TO CONGRESSIONAL COMMITTEES RELATING TO REQUIREMENTS, TERMINATION, ETC. Pub. L. 93-641, Sec. 7, Jan. 4, 1975, 88 Stat. 2275, provided that by Jan. 4, 1976, the Secretary of Health, Education, and Welfare report to specific committees of the Senate and the House of Representatives on the identity, due date, etc., of certain reports required under the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970. -End- -CITE- 42 USC Sec. 238i 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238i. Memorials and other acknowledgments for contributions to health of Nation -STATUTE- The Secretary may provide for suitably acknowledging, within the Department (whether by memorials, designations, or other suitable acknowledgments), (1) efforts of persons who have contributed substantially to the health of the Nation and (2) gifts for use in activities of the Department related to health. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 240, formerly title V, Sec. 512, as added Pub. L. 90-574, title V, Sec. 503(a), Oct. 15, 1968, 82 Stat. 1012; renumbered title XXI, Sec. 2112, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2312, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2510, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2610, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2710, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 240, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-9 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-11 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-11 of this title prior to renumbering by Pub. L. 99-660, and to section 229a of this title prior to renumbering by Pub. L. 98-24. -End- -CITE- 42 USC Sec. 238j 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238j. Evaluation of programs -STATUTE- (a) In general Such portion as the Secretary shall determine, but not less than 0.2 percent nor more than 1 percent, of any amounts appropriated for programs authorized under this chapter shall be made available for the evaluation (directly, or by grants of contracts) of the implementation and effectiveness of such programs. (b) Report on evaluations Not later than February 1 of each year, the Secretary shall prepare and submit to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the findings of the evaluations conducted under subsection (a) of this section. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 241, formerly title V, Sec. 513, as added Pub. L. 91-296, title IV, Sec. 401(a), June 30, 1970, 84 Stat. 351; amended Pub. L. 96-398, title VIII, Sec. 804(c), Oct. 7, 1980, 94 Stat. 1608; Pub. L. 97-35, title IX, Sec. 902(g)(3), Aug. 13, 1981, 95 Stat. 560; renumbered title XXI, Sec. 2113, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2313, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2511, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2611, Pub. L. 100- 690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2711, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 241, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213; Pub. L. 103-183, title VII, Sec. 701, Dec. 14, 1993, 107 Stat. 2239.) -COD- CODIFICATION Section was formerly classified to section 300aaa-10 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-12 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-12 of this title prior to renumbering by Pub. L. 99-660, and to section 229b of this title prior to renumbering by Pub. L. 98- 24. -MISC1- AMENDMENTS 1993 - Pub. L. 103-183 amended section generally. Prior to amendment, section read as follows: "Such portion as the Secretary may determine, but not more than 1 per centum, of any appropriation for grants, contracts, or other payments under any provision of this chapter, the Mental Health Systems Act, the Act of August 5, 1954 (Public Law 568, Eighty-third Congress), or the Act of August 16, 1957 (Public Law 85-151), for any fiscal year beginning after June 30, 1970, shall be available for evaluation (directly, or by grants or contracts) of any program authorized by this chapter or any of such other Acts, and, in the case of allotments from any such appropriation, the amount available for allotment shall be reduced accordingly." 1981 - Pub. L. 97-35 struck out references to Mental Retardation Facilities Construction Act and Community Mental Health Centers Act. 1980 - Pub. L. 96-398 inserted reference to Mental Health Systems Act. -CHANGE- CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. -MISC2- EFFECTIVE DATE OF 1993 AMENDMENT Section 701 of Pub. L. 103-183 provided that the amendment made by that section is effective Oct. 1, 1994. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as a note under section 238l of this title. -End- -CITE- 42 USC Sec. 238k 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238k. Contract authority -STATUTE- The authority of the Secretary to enter into contracts under this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 242, formerly title V, Sec. 514, as added Pub. L. 95-623, Sec. 11(e), Nov. 9, 1978, 92 Stat. 3456; renumbered title XXI, Sec. 2114, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2314, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2512, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2612, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2712, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 242, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-11 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-13 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-13 of this title prior to renumbering by Pub. L. 99-660, and to section 229c of this title prior to renumbering by Pub. L. 98- 24. -MISC1- OBLIGATIONS RELATED TO AGREEMENT WITH PRIVATE ENTITIES Pub. L. 105-277, div. A, Sec. 101(f) [title II], Oct. 21, 1998, 112 Stat. 2681-337, 2681-349, provided in part: "That hereinafter obligations may be incurred related to agreement with private entities without receipt of advance payment." -End- -CITE- 42 USC Sec. 238l 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238l. Recovery -STATUTE- (a) Right of United States to recover base amount plus interest If any facility with respect to which funds have been paid under the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.] (as such Act was in effect prior to October 1, 1981) is, at any time within twenty years after the completion of remodeling, construction, or expansion or after the date of its acquisition - (1) sold or transferred to any entity (A) which would not have been qualified to file an application under section 222 of such Act [42 U.S.C. 2689j] (as such section was in effect prior to October 1, 1981) or (B) which is disapproved as a transferee by the State mental health agency or by another entity designated by the chief executive officer of the State, or (2) ceases to be used by a community mental health center in the provision of comprehensive mental health services, the United States shall be entitled to recover from the transferor, transferee, or owner of the facility, the base amount prescribed by subsection (c)(1) of this section plus the interest (if any) prescribed by subsection (c)(2) of this section. (b) Notice of sale, transfer, or change The transferor and transferee of a facility that is sold or transferred as described in subsection (a)(1) of this section, or the owner of a facility the use of which changes as described in subsection (a)(2) of this section, shall provide the Secretary written notice of such sale, transfer, or change within 10 days after the date on which such sale, transfer, or cessation of use occurs or within 30 days after October 22, 1985, whichever is later. (c) Base amount; interest (1) The base amount that the United States is entitled to recover under subsection (a) of this section is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the remodeling, construction, expansion, or acquisition of the project or projects. (2)(A) The interest that the United States is entitled to recover under subsection (a) of this section is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned during that period. (B) The period referred to in subparagraph (A) is the period beginning - (i) if notice is provided as prescribed by subsection (b) of this section, 191 days after the date on which such sale, transfer, or cessation of use occurs, or (ii) if notice is not provided as prescribed by subsection (b) of this section, 11 days after such sale, transfer, or cessation of use occurs, and ending on the date the amount the United States is entitled to recover is collected. (d) Waiver of recovery rights The Secretary may waive the recovery rights of the United States under subsection (a) of this section with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights. (e) Pre-judgment lien The right of recovery of the United States under subsection (a) of this section shall not, prior to judgment, constitute a lien on any facility. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 243, formerly title V, Sec. 515, formerly Pub. L. 88-164, title II, Sec. 225, as added Pub. L. 94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 326; amended Pub. L. 95-622, title I, Sec. 110(c), Nov. 9, 1978, 92 Stat. 3420; renumbered title V, Sec. 515, and amended Pub. L. 97-35, title IX, Sec. 902(e)(2)(A), Aug. 13, 1981, 95 Stat. 560; renumbered title XXI, Sec. 2115, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; Pub. L. 99-129, title II, Sec. 226(a), Oct. 22, 1985, 99 Stat. 546; renumbered title XXIII, Sec. 2315, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2513, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2613, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2713, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; Pub. L. 102-229, title II, Sec. 208, Dec. 12, 1991, 105 Stat. 1716; Pub. L. 102-239, Sec. 1, Dec. 17, 1991, 105 Stat. 1912; renumbered title II, Sec. 243, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -REFTEXT- REFERENCES IN TEXT The Community Mental Health Centers Act, referred to in subsec. (a), is title II of Pub. L. 88-164, as added by Pub. L. 94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 309, and amended, which was classified principally to subchapter III (Sec. 2689 et seq.) of chapter 33 of this title prior to its repeal by Pub. L. 97- 35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560. Section 222 of the Community Mental Health Centers Act was classified to section 2689j of this title prior to its repeal. -COD- CODIFICATION Section was classified to section 300aaa-12 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-14 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-14 of this title prior to renumbering by Pub. L. 99-660, to section 229d of this title prior to renumbering by Pub. L. 98-24, and to section 2689m of this title prior to renumbering by Pub. L. 97-35. -MISC1- AMENDMENTS 1991 - Subsec. (d). Pub. L. 102-229 and Pub. L. 102-239 amended subsec. (d) identically, substituting "subsection (a)" for "subsection (a)(2)". 1985 - Pub. L. 99-129 amended section generally. Prior to amendment, section read as follows: "If any facility of a community mental health center acquired, remodeled, constructed, or expanded with funds provided under the Community Mental Health Centers Act is, at any time within twenty years after the completion of such remodeling, construction, or expansion or after the date of its acquisition with such funds - "(1) sold or transferred to any person or entity (A) which is not qualified to file an application under section 222 of the Community Mental Health Centers Act, or (B) which is not approved as a transferee by the State agency of the State in which such facility is located, or its successor; or "(2) not used by a community mental health center in the provision of comprehensive mental health services, and the Secretary has not determined that there is good cause for termination of such use, the United States shall be entitled to recover from either the transferor or the transferee in the case of a sale or transfer or from the owner in the case of termination of use an amount bearing the same ratio to the then value (as determined by the agreement of the parties or by action brought in the United States district court for the district in which the center is situated) of so much of such facility or center as constituted an approved project or projects, as the amount of the Federal participation bore to the acquisition, remodeling, construction, or expansion cost of such project or projects. Such right of recovery shall not constitute a lien upon such facility or center prior to judgment." 1981 - Pub. L. 97-35 substituted "the Community Mental Health Centers Act" for "this subchapter" and "section 222 of the Community Mental Health Centers Act" for "section 2689j of this title". 1978 - Pub. L. 95-622 substituted "this subchapter" for "this part". EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99-129, title II, Sec. 226(b), Oct. 22, 1985, 99 Stat. 547, provided that: "In the case of any facility that was or is constructed, remodeled, expanded, or acquired on or before the date of enactment of this Act [Oct. 22, 1985] or within 180 days after the date of enactment of this Act, the period described in clause (i) or (ii), as the case may be, of section 2115(c)(2)(B) [now 243(c)(2)(B)] of the Public Health Service Act [subsec. (c)(2)(B)(i), (ii) of this section] (as amended by subsection (a) of this section) shall begin no earlier than 181 days after the date of enactment of this Act." EFFECTIVE DATE OF 1981 AMENDMENT Section 902(h) of Pub. L. 97-35 provided that: "The amendments made by this section [amending this section and sections 201, 225a [now 238d], 229b [now 238j], 243, 246, 289k-1, 300d-4, 300d-6, 300l- 2, 300m, 300m-3, 9412, and 9511 of this title, repealing sections 247b-1, 247b-2, 255, 300d to 300d-3, 300d-5, 300d-7 to 300d-9, 300d- 21, 2689 to 2689l, 2689n to 2689p, 2689r to 2689aa, 9411, 9421 to 9423, 9431 to 9438, 9451, 9452, 9461 to 9465, 9471 to 9473, 9481, 9491 to 9493, 9502, 9512, 9521, and 9523 of this title, repealing provisions set out as notes under sections 246 and 2689 of this title, and transferring section 2689m to section 229d [now 238l] of this title] shall take effect October 1, 1981." EFFECTIVE DATE OF 1978 AMENDMENT Section 110(c) of Pub. L. 95-622 provided that the amendment made by that section is effective July 29, 1975. EFFECTIVE DATE Section effective July 1, 1975, see section 608 of Pub. L. 94-63, set out as an Effective Date of 1975 Amendment note under section 247b of this title. OTHER LEGAL RIGHTS OF UNITED STATES NOT ADVERSELY AFFECTED BY 1985 AMENDMENT Section 226(c) of Pub. L. 99-129 provided that: "The amendments made by subsection (a) of this section [amending this section] shall not adversely affect other legal rights of the United States." -End- -CITE- 42 USC Sec. 238m 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238m. Use of fiscal agents -STATUTE- (a) Contracting authority The Secretary may enter into contracts with fiscal agents - (1)(A) to determine the amounts payable to persons who, on behalf of the Indian Health Service, furnish health services to eligible Indians, (B) to determine the amounts payable to persons who, on behalf of the Public Health Service, furnish health services to individuals pursuant to section 247d or 249 of this title, (2) to receive, disburse, and account for funds in making payments described in paragraph (1), (3) to make such audits of records as may be necessary to assure that these payments are proper, and (4) to perform such additional functions as may be necessary to carry out the functions described in paragraphs (1) through (3). (b) Contracting prerequisites (1) Contracts under subsection (a) of this section may be entered into without regard to section 6101 of title 41 or any other provision of law requiring competition. (2) No such contract shall be entered into with an entity unless the Secretary finds that the entity will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, and other matters as he finds pertinent. (c) Advances under contracts A contract under subsection (a) of this section may provide for advances of funds to enable entities to make payments under the contract. (d) Applicable statutory provisions Subsections (d) and (e) (!1) of section 1395u of this title shall apply to contracts with entities under subsection (a) of this section in the same manner as they apply to contracts with carriers under that section. (e) "Fiscal agent" defined In this section, the term "fiscal agent" means a carrier described in section 1395u(f)(1) (!1) of this title and includes, with respect to contracts under subsection (a)(1)(A) of this section, an Indian tribe or tribal organization acting under contract with the Secretary under the Indian Self-Determination Act (Public Law 93-638) [25 U.S.C. 450f et seq.]. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 244, formerly title XXI, Sec. 2116, as added Pub. L. 99-272, title XVII, Sec. 17003, Apr. 7, 1986, 100 Stat. 359; renumbered title XXIII, Sec. 2316, Pub. L. 99- 660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2514, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2614, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2714, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 244, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -REFTEXT- REFERENCES IN TEXT Subsections (d), (e), and (f) of section 1395u of this title, referred to in subsecs. (d) and (e), were repealed by Pub. L. 108- 173, title IX, Sec. 911(c)(5), Dec. 8, 2003, 117 Stat. 2384. The Indian Self-Determination Act, referred to in subsec. (e), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to part A (Sec. 450f et seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables. -COD- CODIFICATION In subsec. (b)(1), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was classified to section 300aaa-13 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-15 of this title prior to renumbering by Pub. L. 100-607, and to section 300aa-15 of this title prior to renumbering by Pub. L. 99-660. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 238n 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238n. Abortion-related discrimination in governmental activities regarding training and licensing of physicians -STATUTE- (a) In general The Federal Government, and any State or local government that receives Federal financial assistance, may not subject any health care entity to discrimination on the basis that - (1) the entity refuses to undergo training in the performance of induced abortions, to require or provide such training, to perform such abortions, or to provide referrals for such training or such abortions; (2) the entity refuses to make arrangements for any of the activities specified in paragraph (1); or (3) the entity attends (or attended) a post-graduate physician training program, or any other program of training in the health professions, that does not (or did not) perform induced abortions or require, provide or refer for training in the performance of induced abortions, or make arrangements for the provision of such training. (b) Accreditation of postgraduate physician training programs (1) In general In determining whether to grant a legal status to a health care entity (including a license or certificate), or to provide such entity with financial assistance, services or other benefits, the Federal Government, or any State or local government that receives Federal financial assistance, shall deem accredited any postgraduate physician training program that would be accredited but for the accrediting agency's reliance upon an accreditation standards (!1) that requires an entity to perform an induced abortion or require, provide, or refer for training in the performance of induced abortions, or make arrangements for such training, regardless of whether such standard provides exceptions or exemptions. The government involved shall formulate such regulations or other mechanisms, or enter into such agreements with accrediting agencies, as are necessary to comply with this subsection. (2) Rules of construction (A) In general With respect to subclauses (I) and (II) of section 292d(a)(2)(B)(i) of this title (relating to a program of insured loans for training in the health professions), the requirements in such subclauses regarding accredited internship or residency programs are subject to paragraph (1) of this subsection. (B) Exceptions This section shall not - (i) prevent any health care entity from voluntarily electing to be trained, to train, or to arrange for training in the performance of, to perform, or to make referrals for induced abortions; or (ii) prevent an accrediting agency or a Federal, State or local government from establishing standards of medical competency applicable only to those individuals who have voluntarily elected to perform abortions. (c) Definitions For purposes of this section: (1) The term "financial assistance", with respect to a government program, includes governmental payments provided as reimbursement for carrying out health-related activities. (2) The term "health care entity" includes an individual physician, a postgraduate physician training program, and a participant in a program of training in the health professions. (3) The term "postgraduate physician training program" includes a residency training program. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 245, as added Pub. L. 104- 134, title I, Sec. 101(d) [title V, Sec. 515], Apr. 26, 1996, 110 Stat. 1321-211, 1321-245; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.) -FOOTNOTE- (!1) So in original. Probably should be "standard". -End- -CITE- 42 USC Sec. 238o 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238o. Restriction on use of funds for assisted suicide, euthanasia, and mercy killing -STATUTE- Appropriations for carrying out the purposes of this chapter shall not be used in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.]. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 246, as added Pub. L. 105- 12, Sec. 9(e), Apr. 30, 1997, 111 Stat. 27.) -REFTEXT- REFERENCES IN TEXT The Assisted Suicide Funding Restriction Act of 1997, referred to in text, is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23, which is classified principally to chapter 138 (Sec. 14401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables. -MISC1- EFFECTIVE DATE Section effective Apr. 30, 1997, and applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Pub. L. 105-12, set out as a note under section 14401 of this title. -End- -CITE- 42 USC Sec. 238p 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238p. Recommendations and guidelines regarding automated external defibrillators for Federal buildings -STATUTE- (a) Guidelines on placement The Secretary shall establish guidelines with respect to placing automated external defibrillator devices in Federal buildings. Such guidelines shall take into account the extent to which such devices may be used by lay persons, the typical number of employees and visitors in the buildings, the extent of the need for security measures regarding the buildings, buildings or portions of buildings in which there are special circumstances such as high electrical voltage or extreme heat or cold, and such other factors as the Secretary determines to be appropriate. (b) Related recommendations The Secretary shall publish in the Federal Register the recommendations of the Secretary on the appropriate implementation of the placement of automated external defibrillator devices under subsection (a) of this section, including procedures for the following: (1) Implementing appropriate training courses in the use of such devices, including the role of cardiopulmonary resuscitation. (2) Proper maintenance and testing of the devices. (3) Ensuring coordination with appropriate licensed professionals in the oversight of training of the devices. (4) Ensuring coordination with local emergency medical systems regarding the placement and incidents of use of the devices. (c) Consultations; consideration of certain recommendations In carrying out this section, the Secretary shall - (1) consult with appropriate public and private entities; (2) consider the recommendations of national and local public- health organizations for improving the survival rates of individuals who experience cardiac arrest in nonhospital settings by minimizing the time elapsing between the onset of cardiac arrest and the initial medical response, including defibrillation as necessary; and (3) consult with and counsel other Federal agencies where such devices are to be used. (d) Date certain for establishing guidelines and recommendations The Secretary shall comply with this section not later than 180 days after November 13, 2000. (e) Definitions For purposes of this section: (1) The term "automated external defibrillator device" has the meaning given such term in section 238q of this title. (2) The term "Federal building" includes a building or portion of a building leased or rented by a Federal agency, and includes buildings on military installations of the United States. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 247, as added Pub. L. 106- 505, title IV, Sec. 403, Nov. 13, 2000, 114 Stat. 2337.) -MISC1- FINDINGS Pub. L. 106-505, title IV, Sec. 402, Nov. 13, 2000, 114 Stat. 2336, provided that: "Congress makes the following findings: "(1) Over 700 lives are lost every day to sudden cardiac arrest in the United States alone. "(2) Two out of every three sudden cardiac deaths occur before a victim can reach a hospital. "(3) More than 95 percent of these cardiac arrest victims will die, many because of lack of readily available life saving medical equipment. "(4) With current medical technology, up to 30 percent of cardiac arrest victims could be saved if victims had access to immediate medical response, including defibrillation and cardiopulmonary resuscitation. "(5) Once a victim has suffered a cardiac arrest, every minute that passes before returning the heart to a normal rhythm decreases the chance of survival by 10 percent. "(6) Most cardiac arrests are caused by abnormal heart rhythms called ventricular fibrillation. Ventricular fibrillation occurs when the heart's electrical system malfunctions, causing a chaotic rhythm that prevents the heart from pumping oxygen to the victim's brain and body. "(7) Communities that have implemented programs ensuring widespread public access to defibrillators, combined with appropriate training, maintenance, and coordination with local emergency medical systems, have dramatically improved the survival rates from cardiac arrest. "(8) Automated external defibrillator devices have been demonstrated to be safe and effective, even when used by lay people, since the devices are designed not to allow a user to administer a shock until after the device has analyzed a victim's heart rhythm and determined that an electric shock is required. "(9) Increasing public awareness regarding automated external defibrillator devices and encouraging their use in Federal buildings will greatly facilitate their adoption. "(10) Limiting the liability of Good Samaritans and acquirers of automated external defibrillator devices in emergency situations may encourage the use of automated external defibrillator devices, and result in saved lives." CERTAIN TECHNOLOGIES AND PRACTICES REGARDING SURVIVAL RATES FOR CARDIAC ARREST Pub. L. 106-129, Sec. 7, Dec. 6, 1999, 113 Stat. 1676, provided that: "The Secretary of Health and Human Services shall, in consultation with the Administrator of the General Services Administration and other appropriate public and private entities, develop recommendations regarding the placement of automatic external defibrillators in Federal buildings as a means of improving the survival rates of individuals who experience cardiac arrest in such buildings, including recommendations on training, maintenance, and medical oversight, and on coordinating with the system for emergency medical services." -End- -CITE- 42 USC Sec. 238q 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238q. Liability regarding emergency use of automated external defibrillators -STATUTE- (a) Good Samaritan protections regarding AEDs Except as provided in subsection (b) of this section, any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency is immune from civil liability for any harm resulting from the use or attempted use of such device; and in addition, any person who acquired the device is immune from such liability, if the harm was not due to the failure of such acquirer of the device - (1) to notify local emergency response personnel or other appropriate entities of the most recent placement of the device within a reasonable period of time after the device was placed; (2) to properly maintain and test the device; or (3) to provide appropriate training in the use of the device to an employee or agent of the acquirer when the employee or agent was the person who used the device on the victim, except that such requirement of training does not apply if - (A) the employee or agent was not an employee or agent who would have been reasonably expected to use the device; or (B) the period of time elapsing between the engagement of the person as an employee or agent and the occurrence of the harm (or between the acquisition of the device and the occurrence of the harm, in any case in which the device was acquired after such engagement of the person) was not a reasonably sufficient period in which to provide the training. (b) Inapplicability of immunity Immunity under subsection (a) of this section does not apply to a person if - (1) the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed; (2) the person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional; (3) the person is a hospital, clinic, or other entity whose purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or (4) the person is an acquirer of the device who leased the device to a health care entity (or who otherwise provided the device to such entity for compensation without selling the device to the entity), and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent. (c) Rules of construction (1) In general The following applies with respect to this section: (A) This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location. (B) With respect to a class of persons for which this section provides immunity from civil liability, this section supersedes the law of a State only to the extent that the State has no statute or regulations that provide persons in such class with immunity for civil liability arising from the use by such persons of automated external defibrillator devices in emergency situations (within the meaning of the State law or regulation involved). (C) This section does not waive any protection from liability for Federal officers or employees under - (i) section 233 of this title; or (ii) sections 1346(b), 2672, and 2679 of title 28 or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of title 28. (2) Civil actions under Federal law (A) In general The applicability of subsections (a) and (b) of this section includes applicability to any action for civil liability described in subsection (a) of this section that arises under Federal law. (B) Federal areas adopting State law If a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a) of this section that in such area arises under the law of the State is subject to subsections (a) through (c) of this section in lieu of any related State law that would apply in such area in the absence of this subparagraph. (d) Federal jurisdiction In any civil action arising under State law, the courts of the State involved have jurisdiction to apply the provisions of this section exclusive of the jurisdiction of the courts of the United States. (e) Definitions (1) Perceived medical emergency For purposes of this section, the term "perceived medical emergency" means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual. (2) Other definitions For purposes of this section: (A) The term "automated external defibrillator device" means a defibrillator device that - (i) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; (ii) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed; (iii) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and (iv) in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode. (B)(i) The term "harm" includes physical, nonphysical, economic, and noneconomic losses. (ii) The term "economic loss" means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (iii) The term "noneconomic losses" means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 248, as added Pub. L. 106- 505, title IV, Sec. 404, Nov. 13, 2000, 114 Stat. 2338.) -REFTEXT- REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (e)(2)(A)(i), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. -End- -CITE- 42 USC Part C - Smallpox Emergency Personnel Protection 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- PART C - SMALLPOX EMERGENCY PERSONNEL PROTECTION -End- -CITE- 42 USC Sec. 239 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239. General provisions -STATUTE- (a) Definitions For purposes of this part: (1) Covered countermeasure The term "covered countermeasure" means a covered countermeasure as specified in a Declaration made pursuant to section 233(p) of this title. (2) Covered individual The term "covered individual" means an individual - (A) who is a health care worker, law enforcement officer, firefighter, security personnel, emergency medical personnel, other public safety personnel, or support personnel for such occupational specialities (!1); (B) who is or will be functioning in a role identified in a State, local, or Department of Health and Human Services smallpox emergency response plan (as defined in paragraph (7)) approved by the Secretary; (C) who has volunteered and been selected to be a member of a smallpox emergency response plan described in subparagraph (B) prior to the time at which the Secretary publicly announces that an active case of smallpox has been identified either within or outside of the United States; and (D) to whom a smallpox vaccine is administered pursuant to such approved plan during the effective period of the Declaration (including the portion of such period before April 30, 2003). (3) Covered injury The term "covered injury" means an injury, disability, illness, condition, or death (other than a minor injury such as minor scarring or minor local reaction) determined, pursuant to the procedures established under section 239a of this title, to have been sustained by an individual as the direct result of - (A) administration to the individual of a covered countermeasure during the effective period of the Declaration; or (B) accidental vaccinia inoculation of the individual in circumstances in which - (i) the vaccinia is contracted during the effective period of the Declaration or within 30 days after the end of such period; (ii) smallpox vaccine has not been administered to the individual; and (iii) the individual has been in contact with an individual who is (or who was accidentally inoculated by) a covered individual. (4) Declaration The term "Declaration" means the Declaration Regarding Administration of Smallpox Countermeasures issued by the Secretary on January 24, 2003, and published in the Federal Register on January 28, 2003. (5) Effective period of the Declaration The term "effective period of the Declaration" means the effective period specified in the Declaration, unless extended by the Secretary. (6) Eligible individual The term "eligible individual" means an individual who is (as determined in accordance with section 239a of this title) - (A) a covered individual who sustains a covered injury in the manner described in paragraph (3)(A); or (B) an individual who sustains a covered injury in the manner described in paragraph (3)(B). (7) Smallpox emergency response plan The term "smallpox emergency response plan" or "plan" means a response plan detailing actions to be taken in preparation for a possible smallpox-related emergency during the period prior to the identification of an active case of smallpox either within or outside the United States. (b) Voluntary program The Secretary shall ensure that a State, local, or Department of Health and Human Services plan to vaccinate individuals that is approved by the Secretary establishes procedures to ensure, consistent with the Declaration and any applicable guidelines of the Centers for Disease Control and Prevention, that - (1) potential participants are educated with respect to contraindications, the voluntary nature of the program, and the availability of potential benefits and compensation under this part; (2) there is voluntary screening provided to potential participants that can identify health conditions relevant to contraindications; and (3) there is appropriate post-inoculation medical surveillance that includes an evaluation of adverse health effects that may reasonably appear to be due to such vaccine and prompt referral of, or the provision of appropriate information to, any individual requiring health care as a result of such adverse health event. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 261, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 638.) -FOOTNOTE- (!1) So in original. Probably should be "specialties". -End- -CITE- 42 USC Sec. 239a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239a. Determination of eligibility and benefits -STATUTE- (a) In general The Secretary shall establish procedures for determining, as applicable with respect to an individual - (1) whether the individual is an eligible individual; (2) whether an eligible individual has sustained a covered injury or injuries for which medical benefits or compensation may be available under sections 239c and 239d of this title, and the amount of such benefits or compensation; and (3) whether the covered injury or injuries of an eligible individual caused the individual's death for purposes of benefits under section 239e of this title. (b) Covered individuals The Secretary may accept a certification, by a Federal, State, or local government entity or private health care entity participating in the administration of covered countermeasures under the Declaration, that an individual is a covered individual. (c) Criteria for reimbursement (1) Injuries specified in injury table In any case where an injury or other adverse effect specified in the injury table established under section 239b of this title as a known effect of a vaccine manifests in an individual within the time period specified in such table, such injury or other effect shall be presumed to have resulted from administration of such vaccine. (2) Other determinations In making determinations other than those described in paragraph (1) as to the causation or severity of an injury, the Secretary shall employ a preponderance of the evidence standard and take into consideration all relevant medical and scientific evidence presented for consideration, and may obtain and consider the views of qualified medical experts. (d) Deadline for filing request The Secretary shall not consider any request for a benefit under this part with respect to an individual, unless - (1) in the case of a request based on the administration of the vaccine to the individual, the individual files with the Secretary an initial request for benefits or compensation under this part not later than one year after the date of administration of the vaccine; or (2) in the case of a request based on accidental vaccinia inoculation, the individual files with the Secretary an initial request for benefits or compensation under this part not later than two years after the date of the first symptom or manifestation of onset of the adverse effect. (e) Structured settlements at Secretary's option In any case in which there is a reasonable likelihood that compensation or payment under section 239c, 239d, or 239e(b) of this title will be required for a period in excess of one year from the date an individual is determined eligible for such compensation or payment, the Secretary shall have the discretion to make a lump- sum payment, purchase an annuity or medical insurance policy, or execute an appropriate structured settlement agreement, provided that such payment, annuity, policy, or agreement is actuarially determined to have a value equal to the present value of the projected total amount of benefits or compensation that the individual is eligible to receive under such section or sections. (f) Review of determination (1) Secretary's review authority The Secretary may review a determination under this section at any time on the Secretary's own motion or on application, and may affirm, vacate, or modify such determination in any manner the Secretary deems appropriate. The Secretary shall develop a process by which an individual may file a request for reconsideration of any determination made by the Secretary under this section. (2) Judicial and administrative review No court of the United States, or of any State, District, territory or possession thereof, shall have subject matter jurisdiction to review, whether by mandamus or otherwise, any action by the Secretary under this section. No officer or employee of the United States shall review any action by the Secretary under this section (unless the President specifically directs otherwise). -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 262, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 640.) -End- -CITE- 42 USC Sec. 239b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239b. Smallpox vaccine injury table -STATUTE- (a) (!1) Smallpox vaccine injury table (1) Establishment required The Secretary shall establish by interim final regulation a table identifying adverse effects (including injuries, disabilities, illnesses, conditions, and deaths) that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine, and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply. (2) Amendments The Secretary may by regulation amend the table established under paragraph (1). An amendment to the table takes effect on the date of the promulgation of the final rule that makes the amendment, and applies to all requests for benefits or compensation under this part that are filed on or after such date or are pending as of such date. In addition, the amendment applies retroactively to an individual who was not with respect to the injury involved an eligible individual under the table as in effect before the amendment but who with respect to such injury is an eligible individual under the table as amended. With respect to a request for benefits or compensation under this part by an individual who becomes an eligible individual as described in the preceding sentence, the Secretary may not provide such benefits or compensation unless the request (or amendment to a request, as applicable) is filed before the expiration of one year after the effective date of the amendment to the table in the case of an individual to whom the vaccine was administered and before the expiration of two years after such effective date in the case of a request based on accidental vaccinia inoculation. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 263, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 641.) -FOOTNOTE- (!1) So in original. No subsec. (b) has been enacted. -End- -CITE- 42 USC Sec. 239c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239c. Medical benefits -STATUTE- (a) In general Subject to the succeeding provisions of this section, the Secretary shall make payment or reimbursement for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual, including the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of monthly compensation. (b) Benefits secondary to other coverage Payment or reimbursement for services or benefits under subsection (a) of this section shall be secondary to any obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer) under any other provision of law or contractual agreement, to pay for or provide such services or benefits. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 264, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 641.) -End- -CITE- 42 USC Sec. 239d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239d. Compensation for lost employment income -STATUTE- (a) In general Subject to the succeeding provisions of this section, the Secretary shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in subsection (b) of this section. (b) Amount of compensation (1) In general Compensation under subsection (a) of this section shall be at the rate of 66 2/3 percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in paragraph (2). (2) Augmented compensation for dependents If an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in paragraph (1) shall be augmented at the rate of 8 1/3 percent. (3) Consideration of other programs (A) In general The Secretary may consider the provisions of sections 8114, 8115, and 8146a of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) of this section and the circumstances under which such payments are reasonable and necessary. (B) Minors With respect to an eligible individual who is a minor, the Secretary may consider the provisions of section 8113 of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) of this section and the circumstances under which such payments are reasonable and necessary. (4) Treatment of self-employment income For purposes of this section, the term "employment income" includes income from self-employment. (c) Limitations (1) Benefits secondary to other coverage (A) In general Any compensation under subsection (a) of this section shall be secondary to the obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer), under any other law or contractual agreement, to pay compensation for loss of employment income or to provide disability or retirement benefits. (B) Relation to other obligations Compensation under subsection (a) of this section shall not be made to an eligible individual to the extent that the total of amounts paid to the individual under such subsection and under the other obligations referred to in subparagraph (A) is an amount that exceeds the rate specified in subsection (b)(1) of this section. If under any such other obligation a lump-sum payment is made, such payment shall, for purposes of this paragraph, be deemed to be received over multiple years rather than received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years. (2) No benefits in case of death No payment shall be made under subsection (a) of this section in compensation for loss of employment income subsequent to the receipt, by the survivor or survivors of an eligible individual, of benefits under section 239e of this title for death. (3) Limit on total benefits (A) In general Except as provided in subparagraph (B) - (i) total compensation paid to an individual under subsection (a) of this section shall not exceed $50,000 for any year; and (ii) the lifetime total of such compensation for the individual may not exceed an amount equal to the amount authorized to be paid under section 239e of this title. (B) Permanent and total disability The limitation under subparagraph (A)(ii) does not apply in the case of an eligible individual who is determined to have a covered injury or injuries meeting the definition of disability in section 416(i) of this title. (4) Waiting period (A) In general Except as provided in subparagraph (B), an eligible individual shall not be provided compensation under this section for the first 5 work days of loss of employment income. (B) Exception Subparagraph (A) does not apply if the period of loss of employment income of an eligible individual is 10 or more work days. (5) Termination of benefits No payment shall be made under subsection (a) of this section in compensation for loss of employment income once the eligible individual involves (!1) reaches the age of 65. (d) Benefit in addition to medical benefits A benefit under subsection (a) of this section shall be in addition to any amounts received by an eligible individual under section 239c of this title. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 265, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 642.) -FOOTNOTE- (!1) So in original. Probably should be "involved". -End- -CITE- 42 USC Sec. 239e 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239e. Payment for death -STATUTE- (a) Death benefit (1) In general The Secretary shall pay, in the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, a death benefit in the amount determined under paragraph (2) to the survivor or survivors in the same manner as death benefits are paid pursuant to the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) with respect to an eligible deceased (except that in the case of an eligible individual who is a minor with no living parent, the legal guardian shall be considered the survivor in the place of the parent). (2) Benefit amount (A) In general The amount of the death benefit under paragraph (1) in a fiscal year shall equal the amount of the comparable benefit calculated under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) in such fiscal year, without regard to any reduction attributable to a limitation on appropriations, but subject to subparagraph (B). (B) Reduction for payments for lost employment income The amount of the benefit as determined under subparagraph (A) shall be reduced by the total amount of any benefits paid under section 239d of this title with respect to lost employment income. (3) Limitations (A) In general No benefit is payable under paragraph (1) with respect to the death of an eligible individual if - (i) a disability benefit is paid with respect to such individual under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.); or (ii) a death benefit is paid or payable with respect to such individual under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.). (B) Exception in the case of a limitation on appropriations for disability benefits under PSOB In the event that disability benefits available to an eligible individual under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) are reduced because of a limitation on appropriations, and such reduction would affect the amount that would be payable under subparagraph (A) without regard to this subparagraph, benefits shall be available under paragraph (1) to the extent necessary to ensure that the survivor or survivors of such individual receives a total amount equal to the amount described in paragraph (2). (b) Election in case of dependents (1) In general In the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, if the individual had one or more dependents under the age of 18, the legal guardian of the dependents may, in lieu of the death benefit under subsection (a) of this section, elect to receive on behalf of the aggregate of such dependents payments in accordance with this subsection. An election under the preceding sentence is effective in lieu of a request under subsection (a) of this section by an individual who is not the legal guardian of such dependents. (2) Amount of payments Payments under paragraph (1) with respect to an eligible individual described in such paragraph shall be made as if such individual were an eligible individual to whom compensation would be paid under subsection (a) of section 239d of this title, with the rate augmented in accordance with subsection (b)(2) of such section and with such individual considered to be an eligible individual described in subsection (c)(3)(B) of such section. (3) Limitations (A) Age of dependents No payments may be made under paragraph (1) once the youngest of the dependents involved reaches the age of 18. (B) Benefits secondary to other coverage (i) In general Any payment under paragraph (1) shall be secondary to the obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer), under any other law or contractual agreement, to pay compensation for loss of employment income or to provide disability benefits, retirement benefits, life insurance benefits on behalf of dependents under the age of 18, or death benefits. (ii) Relation to other obligations Payments under paragraph (1) shall not be made to with respect to (!1) an eligible individual to the extent that the total of amounts paid with respect to the individual under such paragraph and under the other obligations referred to in clause (i) is an amount that exceeds the rate of payment that applies under paragraph (2). If under any such other obligation a lump-sum payment is made, such payment shall, for purposes of this subparagraph, be deemed to be received over multiple years rather than received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years. (c) Benefit in addition to medical benefits A benefit under subsection (a) or (b) of this section shall be in addition to any amounts received by an eligible individual under section 239c of this title. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 266, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 643.) -REFTEXT- REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a)(1), (2)(A), (3), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as amended. Subpart 1 of part L of title I of the Act is classified generally to part A (Sec. 3796 et seq.) of subchapter XII of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables. -FOOTNOTE- (!1) So in original. -End- -CITE- 42 USC Sec. 239f 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239f. Administration -STATUTE- (a) Administration by agreement with other agency or agencies The Secretary may administer any or all of the provisions of this part through Memorandum of Agreement with the head of any appropriate Federal agency. (b) Regulations The head of the agency administering this part or provisions thereof (including any agency head administering such Act (!1) or provisions through a Memorandum of Agreement under subsection (a) of this section) may promulgate such implementing regulations as may be found necessary and appropriate. Initial implementing regulations may be interim final regulations. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 267, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 645.) -FOOTNOTE- (!1) So in original. Probably should be "part". -End- -CITE- 42 USC Sec. 239g 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239g. Authorization of appropriations -STATUTE- For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2007, to remain available until expended, including administrative costs and costs of provision and payment of benefits. The Secretary's payment of any benefit under section 239c, 239d, or 239e of this title shall be subject to the availability of appropriations under this section. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 268, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 645.) -End- -CITE- 42 USC Sec. 239h 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection -HEAD- Sec. 239h. Relationship to other laws -STATUTE- Except as explicitly provided herein, nothing in this part shall be construed to override or limit any rights an individual may have to seek compensation, benefits, or redress under any other provision of Federal or State law. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 269, as added Pub. L. 108- 20, Sec. 2, Apr. 30, 2003, 117 Stat. 645.) -End- -CITE- 42 USC Part D - United States Public Health Sciences Track 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part D - United States Public Health Sciences Track -HEAD- PART D - UNITED STATES PUBLIC HEALTH SCIENCES TRACK -End- -CITE- 42 USC Sec. 239l 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part D - United States Public Health Sciences Track -HEAD- Sec. 239l. Establishment -STATUTE- (a) United States Public Health Services Track (1) In general There is hereby authorized to be established a United States Public Health Sciences Track (referred to in this part as the "Track"), at sites to be selected by the Secretary, with authority to grant appropriate advanced degrees in a manner that uniquely emphasizes team-based service, public health, epidemiology, and emergency preparedness and response. It shall be so organized as to graduate not less than - (A) 150 medical students annually, 10 of whom shall be awarded studentships to the Uniformed Services University of Health Sciences; (B) 100 dental students annually; (C) 250 nursing students annually; (D) 100 public health students annually; (E) 100 behavioral and mental health professional students annually; (F) 100 physician assistant or nurse practitioner students annually; and (G) 50 pharmacy students annually. (2) Locations The Track shall be located at existing and accredited, affiliated health professions education training programs at academic health centers located in regions of the United States determined appropriate by the Surgeon General, in consultation with the National Health Care Workforce Commission established in section 294q of this title. (b) Number of graduates Except as provided in subsection (a), the number of persons to be graduated from the Track shall be prescribed by the Secretary. In so prescribing the number of persons to be graduated from the Track, the Secretary shall institute actions necessary to ensure the maximum number of first-year enrollments in the Track consistent with the academic capacity of the affiliated sites and the needs of the United States for medical, dental, and nursing personnel. (c) Development The development of the Track may be by such phases as the Secretary may prescribe subject to the requirements of subsection (a). (d) Integrated longitudinal plan The Surgeon General shall develop an integrated longitudinal plan for health professions continuing education throughout the continuum of health-related education, training, and practice. Training under such plan shall emphasize patient-centered, interdisciplinary, and care coordination skills. Experience with deployment of emergency response teams shall be included during the clinical experiences. (e) Faculty development The Surgeon General shall develop faculty development programs and curricula in decentralized venues of health care, to balance urban, tertiary, and inpatient venues. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 271, as added Pub. L. 111- 148, title V, Sec. 5315, Mar. 23, 2010, 124 Stat. 637.) -End- -CITE- 42 USC Sec. 239l-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part D - United States Public Health Sciences Track -HEAD- Sec. 239l-1. Administration -STATUTE- (a) In general The business of the Track shall be conducted by the Surgeon General with funds appropriated for and provided by the Department of Health and Human Services. The National Health Care Workforce Commission shall assist the Surgeon General in an advisory capacity. (b) Faculty (1) In general The Surgeon General, after considering the recommendations of the National Health Care Workforce Commission, shall obtain the services of such professors, instructors, and administrative and other employees as may be necessary to operate the Track, but utilize when possible, existing affiliated health professions training institutions. Members of the faculty and staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary so as to place the employees of the Track faculty on a comparable basis with the employees of fully accredited schools of the health professions within the United States. (2) Titles The Surgeon General may confer academic titles, as appropriate, upon the members of the faculty. (3) Nonapplication of provisions The limitations in section 5373 of title 5 shall not apply to the authority of the Surgeon General under paragraph (1) to prescribe salary schedules and other related benefits. (c) Agreements The Surgeon General may negotiate agreements with agencies of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources located in the United States (or locations selected in accordance with section 239l(a)(2) of this title). Under such agreements the facilities concerned will retain their identities and basic missions. The Surgeon General may negotiate affiliation agreements with accredited universities and health professions training institutions in the United States. Such agreements may include provisions for payments for educational services provided students participating in Department of Health and Human Services educational programs. (d) Programs The Surgeon General may establish the following educational programs for Track students: (1) Postdoctoral, postgraduate, and technological programs. (2) A cooperative program for medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students. (3) Other programs that the Surgeon General determines necessary in order to operate the Track in a cost-effective manner. (e) Continuing medical education The Surgeon General shall establish programs in continuing medical education for members of the health professions to the end that high standards of health care may be maintained within the United States. (f) Authority of the Surgeon General (1) In general The Surgeon General is authorized - (A) to enter into contracts with, accept grants from, and make grants to any nonprofit entity for the purpose of carrying out cooperative enterprises in medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing research, consultation, and education; (B) to enter into contracts with entities under which the Surgeon General may furnish the services of such professional, technical, or clerical personnel as may be necessary to fulfill cooperative enterprises undertaken by the Track; (C) to accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property made to the Track, including any gift, devise, or bequest for the support of an academic chair, teaching, research, or demonstration project; (D) to enter into agreements with entities that may be utilized by the Track for the purpose of enhancing the activities of the Track in education, research, and technological applications of knowledge; and (E) to accept the voluntary services of guest scholars and other persons. (2) Limitation The Surgeon General may not enter into any contract with an entity if the contract would obligate the Track to make outlays in advance of the enactment of budget authority for such outlays. (3) Scientists Scientists or other medical, dental, or nursing personnel utilized by the Track under an agreement described in paragraph (1) may be appointed to any position within the Track and may be permitted to perform such duties within the Track as the Surgeon General may approve. (4) Volunteer services A person who provides voluntary services under the authority of subparagraph (E) of paragraph (1) shall be considered to be an employee of the Federal Government for the purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and to be an employee of the Federal Government for the purposes of chapter 171 of title 28, relating to tort claims. Such a person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such services. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 272, as added Pub. L. 111- 148, title V, Sec. 5315, Mar. 23, 2010, 124 Stat. 637.) -End- -CITE- 42 USC Sec. 239l-2 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part D - United States Public Health Sciences Track -HEAD- Sec. 239l-2. Students; selection; obligation -STATUTE- (a) Student selection (1) In general Medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students at the Track shall be selected under procedures prescribed by the Surgeon General. In so prescribing, the Surgeon General shall consider the recommendations of the National Health Care Workforce Commission. (2) Priority In developing admissions procedures under paragraph (1), the Surgeon General shall ensure that such procedures give priority to applicant medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students from rural communities and underrepresented minorities. (b) Contract and service obligation (1) Contract Upon being admitted to the Track, a medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, or nursing student shall enter into a written contract with the Surgeon General that shall contain - (A) an agreement under which - (i) subject to subparagraph (B), the Surgeon General agrees to provide the student with tuition (or tuition remission) and a student stipend (described in paragraph (2)) in each school year for a period of years (not to exceed 4 school years) determined by the student, during which period the student is enrolled in the Track at an affiliated or other participating health professions institution pursuant to an agreement between the Track and such institution; and (ii) subject to subparagraph (B), the student agrees - (I) to accept the provision of such tuition and student stipend to the student; (II) to maintain enrollment at the Track until the student completes the course of study involved; (III) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Surgeon General); (IV) if pursuing a degree from a school of medicine or osteopathic medicine, dental, public health, or nursing school or a physician assistant, pharmacy, or behavioral and mental health professional program, to complete a residency or internship in a specialty that the Surgeon General determines is appropriate; and (V) to serve for a period of time (referred to in this part as the "period of obligated service") within the Commissioned Corps of the Public Health Service equal to 2 years for each school year during which such individual was enrolled at the College, reduced as provided for in paragraph (3); (B) a provision that any financial obligation of the United States arising out of a contract entered into under this part and any obligation of the student which is conditioned thereon, is contingent upon funds being appropriated to carry out this part; (C) a statement of the damages to which the United States is entitled for the student's breach of the contract; and (D) such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this part. (2) Tuition and student stipend (A) Tuition remission rates The Surgeon General, based on the recommendations of the National Health Care Workforce Commission, shall establish Federal tuition remission rates to be used by the Track to provide reimbursement to affiliated and other participating health professions institutions for the cost of educational services provided by such institutions to Track students. The agreement entered into by such participating institutions under paragraph (1)(A)(i) shall contain an agreement to accept as payment in full the established remission rate under this subparagraph. (B) Stipend The Surgeon General, based on the recommendations of the National Health Care Workforce Commission, shall establish and update Federal stipend rates for payment to students under this part. (3) Reductions in the period of obligated service The period of obligated service under paragraph (1)(A)(ii)(V) shall be reduced - (A) in the case of a student who elects to participate in a high-needs speciality residency (as determined by the National Health Care Workforce Commission), by 3 months for each year of such participation (not to exceed a total of 12 months); and (B) in the case of a student who, upon completion of their residency, elects to practice in a Federal medical facility (as defined in section 781(e)) (!1) that is located in a health professional shortage area (as defined in section 254e of this title), by 3 months for year (!2) of full-time practice in such a facility (not to exceed a total of 12 months). (c) Second 2 years of service During the third and fourth years in which a medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, or nursing student is enrolled in the Track, training should be designed to prioritize clinical rotations in Federal medical facilities in health professional shortage areas, and emphasize a balance of hospital and community-based experiences, and training within interdisciplinary teams. (d) Dentist, physician assistant, pharmacist, behavioral and mental health professional, public health professional, and nurse training The Surgeon General shall establish provisions applicable with respect to dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students that are comparable to those for medical students under this section, including service obligations, tuition support, and stipend support. The Surgeon General shall give priority to health professions training institutions that train medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students for some significant period of time together, but at a minimum have a discrete and shared core curriculum. (e) Elite Federal disaster teams The Surgeon General, in consultation with the Secretary, the Director of the Centers for Disease Control and Prevention, and other appropriate military and Federal government agencies, shall develop criteria for the appointment of highly qualified Track faculty, medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students, and graduates to elite Federal disaster preparedness teams to train and to respond to public health emergencies, natural disasters, bioterrorism events, and other emergencies. (f) Student dropped from Track in affiliate school A medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, or nursing student who, under regulations prescribed by the Surgeon General, is dropped from the Track in an affiliated school for deficiency in conduct or studies, or for other reasons, shall be liable to the United States for all tuition and stipend support provided to the student. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 273, as added Pub. L. 111- 148, title V, Sec. 5315, Mar. 23, 2010, 124 Stat. 639.) -FOOTNOTE- (!1) So in original. Act July 1, 1944, does not contain a section 781. (!2) So in original. Probably should be preceded by "each". -End- -CITE- 42 USC Sec. 239l-3 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part D - United States Public Health Sciences Track -HEAD- Sec. 239l-3. Funding -STATUTE- Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 274, as added Pub. L. 111- 148, title V, Sec. 5315, Mar. 23, 2010, 124 Stat. 642.) -MISC1- TRANSFER OF APPROPRIATED FUNDS Pub. L. 112-10, div. B, title VIII, Sec. 1828, Apr. 15, 2011, 125 Stat. 162, provided that: "Hereafter, no funds appropriated by this division or by any previous or subsequent Act shall be available for transfer under section 274 [42 U.S.C. 239l-3] of the PHS Act [Public Health Service Act]." -End- -CITE- 42 USC SUBCHAPTER II - GENERAL POWERS AND DUTIES 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES -HEAD- SUBCHAPTER II - GENERAL POWERS AND DUTIES -End- -CITE- 42 USC Part A - Research and Investigations 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- PART A - RESEARCH AND INVESTIGATIONS -End- -CITE- 42 USC Sec. 241 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 241. Research and investigations generally -STATUTE- (a) Authority of Secretary The Secretary shall conduct in the Service, and encourage, cooperate with, and render assistance to other appropriate public authorities, scientific institutions, and scientists in the conduct of, and promote the coordination of, research, investigations, experiments, demonstrations, and studies relating to the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and impairments of man, including water purification, sewage treatment, and pollution of lakes and streams. In carrying out the foregoing the Secretary is authorized to - (1) collect and make available through publications and other appropriate means, information as to, and the practical application of, such research and other activities; (2) make available research facilities of the Service to appropriate public authorities, and to health officials and scientists engaged in special study; (3) make grants-in-aid to universities, hospitals, laboratories, and other public or private institutions, and to individuals for such research projects as are recommended by the advisory council to the entity of the Department supporting such projects and make, upon recommendation of the advisory council to the appropriate entity of the Department, grants-in-aid to public or nonprofit universities, hospitals, laboratories, and other institutions for the general support of their research; (4) secure from time to time and for such periods as he deems advisable, the assistance and advice of experts, scholars, and consultants from the United States or abroad; (5) for purposes of study, admit and treat at institutions, hospitals, and stations of the Service, persons not otherwise eligible for such treatment; (6) make available, to health officials, scientists, and appropriate public and other nonprofit institutions and organizations, technical advice and assistance on the application of statistical methods to experiments, studies, and surveys in health and medical fields; (7) enter into contracts, including contracts for research in accordance with and subject to the provisions of law applicable to contracts entered into by the military departments under sections 2353 and 2354 of title 10, except that determination, approval, and certification required thereby shall be by the Secretary of Health and Human Services; and (8) adopt, upon recommendations of the advisory councils to the appropriate entities of the Department or, with respect to mental health, the National Advisory Mental Health Council, such additional means as the Secretary considers necessary or appropriate to carry out the purposes of this section. The Secretary may make available to individuals and entities, for biomedical and behavioral research, substances and living organisms. Such substances and organisms shall be made available under such terms and conditions (including payment for them) as the Secretary determines appropriate. (b) Testing for carcinogenicity, teratogenicity, mutagenicity, and other harmful biological effects; consultation (1) The Secretary shall conduct and may support through grants and contracts studies and testing of substances for carcinogenicity, teratogenicity, mutagenicity, and other harmful biological effects. In carrying out this paragraph, the Secretary shall consult with entities of the Federal Government, outside of the Department of Health and Human Services, engaged in comparable activities. The Secretary, upon request of such an entity and under appropriate arrangements for the payment of expenses, may conduct for such entity studies and testing of substances for carcinogenicity, teratogenicity, mutagenicity, and other harmful biological effects. (2)(A) The Secretary shall establish a comprehensive program of research into the biological effects of low-level ionizing radiation under which program the Secretary shall conduct such research and may support such research by others through grants and contracts. (B) The Secretary shall conduct a comprehensive review of Federal programs of research on the biological effects of ionizing radiation. (3) The Secretary shall conduct and may support through grants and contracts research and studies on human nutrition, with particular emphasis on the role of nutrition in the prevention and treatment of disease and on the maintenance and promotion of health, and programs for the dissemination of information respecting human nutrition to health professionals and the public. In carrying out activities under this paragraph, the Secretary shall provide for the coordination of such of these activities as are performed by the different divisions within the Department of Health and Human Services and shall consult with entities of the Federal Government, outside of the Department of Health and Human Services, engaged in comparable activities. The Secretary, upon request of such an entity and under appropriate arrangements for the payment of expenses, may conduct and support such activities for such entity. (4) The Secretary shall publish a biennial report which contains - (A) a list of all substances (i) which either are known to be carcinogens or may reasonably be anticipated to be carcinogens and (ii) to which a significant number of persons residing in the United States are exposed; (B) information concerning the nature of such exposure and the estimated number of persons exposed to such substances; (C) a statement identifying (i) each substance contained in the list under subparagraph (A) for which no effluent, ambient, or exposure standard has been established by a Federal agency, and (ii) for each effluent, ambient, or exposure standard established by a Federal agency with respect to a substance contained in the list under subparagraph (A), the extent to which, on the basis of available medical, scientific, or other data, such standard, and the implementation of such standard by the agency, decreases the risk to public health from exposure to the substance; and (D) a description of (i) each request received during the year involved - (I) from a Federal agency outside the Department of Health and Human Services for the Secretary, or (II) from an entity within the Department of Health and Human Services to any other entity within the Department, to conduct research into, or testing for, the carcinogenicity of substances or to provide information described in clause (ii) of subparagraph (C), and (ii) how the Secretary and each such other entity, respectively, have responded to each such request. (5) The authority of the Secretary to enter into any contract for the conduct of any study, testing, program, research, or review, or assessment under this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. (c) Diseases not significantly occurring in United States The Secretary may conduct biomedical research, directly or through grants or contracts, for the identification, control, treatment, and prevention of diseases (including tropical diseases) which do not occur to a significant extent in the United States. (d) Protection of privacy of individuals who are research subjects The Secretary may authorize persons engaged in biomedical, behavioral, clinical, or other research (including research on mental health, including research on the use and effect of alcohol and other psychoactive drugs) to protect the privacy of individuals who are the subject of such research by withholding from all persons not connected with the conduct of such research the names or other identifying characteristics of such individuals. Persons so authorized to protect the privacy of such individuals may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceedings to identify such individuals. (e) Preterm labor and delivery and infant mortality The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to preterm labor and delivery and infant mortality. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 301, 58 Stat. 691; July 3, 1946, ch. 538, Sec. 7(a), (b), 60 Stat. 423; June 16, 1948, ch. 481, Sec. 4(e), (f), 62 Stat. 467; June 24, 1948, ch. 621, Sec. 4(e), (f), 62 Stat. 601; June 25, 1948, ch. 654, Sec. 1, 62 Stat. 1017; July 3, 1956, ch. 510, Sec. 4, 70 Stat. 490; Pub. L. 86-798, Sept. 15, 1960, 74 Stat. 1053; Pub. L. 87-838, Sec. 2, Oct. 17, 1962, 76 Stat. 1073; Pub. L. 89-115, Sec. 3, Aug. 9, 1965, 79 Stat. 448; Pub. L. 90-174, Sec. 9, Dec. 5, 1967, 81 Stat. 540; Pub. L. 91- 513, title I, Sec. 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 91- 515, title II, Sec. 292, Oct. 30, 1970, 84 Stat. 1308; Pub. L. 92- 218, Sec. 6(a)(2), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-423, Sec. 7(b), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-282, title I, Sec. 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93-348, title I, Sec. 104(a)(1), July 12, 1974, 88 Stat. 346; Pub. L. 93-352, title I, Sec. 111, July 23, 1974, 88 Stat. 360; Pub. L. 94-278, title I, Sec. 111, Apr. 22, 1976, 90 Stat. 405; Pub. L. 95-622, title II, Secs. 261, 262, Nov. 9, 1978, 92 Stat. 3434; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 99-158, Sec. 3(a)(5), Nov. 20, 1985, 99 Stat. 879; Pub. L. 99-570, title IV, Sec. 4021(b)(2), Oct. 27, 1986, 100 Stat. 3207-124; Pub. L. 99-660, title I, Sec. 104, Nov. 14, 1986, 100 Stat. 3751; Pub. L. 100-607, title I, Sec. 163(1), (2), Nov. 4, 1988, 102 Stat. 3062; Pub. L. 103-43, title XX, Sec. 2009, June 10, 1993, 107 Stat. 213; Pub. L. 109-450, Sec. 3(a), Dec. 22, 2006, 120 Stat. 3341.) -MISC1- AMENDMENTS 2006 - Subsec. (e). Pub. L. 109-450 added subsec. (e). 1993 - Subsec. (b)(4). Pub. L. 103-43 substituted "a biennial report" for "an annual report" in introductory provisions. 1988 - Subsec. (d). Pub. L. 100-607 redesignated concluding provisions of subsec. (a) of section 242a of this title as subsec. (d) of this section, substituted "biomedical, behavioral, clinical, or other research (including research on mental health, including" for "research on mental health, including", and substituted "drugs)" for "drugs,". 1986 - Subsec. (a)(3). Pub. L. 99-570 struck out "or, in the case of mental health projects, by the National Advisory Mental Health Council;" after "Department supporting such projects" and struck out "or the National Advisory Mental Health Council" after "appropriate entity of the Department". Subsec. (c). Pub. L. 99-660 added subsec. (c). 1985 - Subsec. (a)(3). Pub. L. 99-158, Sec. 3(a)(5)(A), substituted "as are recommended by the advisory council to the entity of the Department supporting such projects or, in the case of mental health projects, by the National Advisory Mental Health Council; and make, upon recommendation of the advisory council to the appropriate entity of the Department or the National Advisory Mental Health Council, grants-in-aid to public or nonprofit universities, hospitals, laboratories, and other institutions for the general support of their research" for "as are recommended by the National Advisory Health Council, or, with respect to cancer, recommended by the National Cancer Advisory Board, or, with respect to mental health, recommended by the National Advisory Mental Health Council, or with respect to heart, blood vessel, lung, and blood diseases and blood resources, recommended by the National Heart, Lung, and Blood Advisory Council, or, with respect to dental diseases and conditions, recommended by the National Advisory Dental Research Council; and include in the grants for any such project grants of penicillin and other antibiotic compounds for use in such project; and make, upon recommendation of the National Advisory Health Council, grants-in-aid to public or nonprofit universities, hospitals, laboratories, and other institutions for the general support of their research: Provided, That such uniform percentage, not to exceed 15 per centum, as the Secretary may determine, of the amounts provided for grants for research projects for any fiscal year through the appropriations for the National Institutes of Health may be transferred from such appropriations to a separate account to be available for such research grants-in-aid for such fiscal year". Subsec. (a)(8). Pub. L. 99-158, Sec. 3(a)(5)(B), substituted "recommendations of the advisory councils to the appropriate entities of the Department or, with respect to mental health, the National Advisory Mental Health Council, such additional means as the Secretary considers" for "recommendation of the National Advisory Health Council, or, with respect to cancer, upon recommendation of the National Cancer Advisory Board, or, with respect to mental health, upon recommendation of the National Advisory Mental Health Council, or, with respect to heart, blood vessel, lung, and blood diseases and blood resources, upon recommendation of the National Heart, Lung and Blood Advisory Council, or, with respect to dental diseases and conditions, upon recommendations of the National Advisory Dental Research Council, such additional means as he deems". 1978 - Pub. L. 95-622 designated existing provisions as subsec. (a), redesignated former pars. (a) to (h) as (1) to (8), respectively, substituted "Secretary" for "Surgeon General" wherever appearing, and inserted following par. (8) provisions relating to authority of Secretary to make available to individuals and entities substances and living organisms, and added subsec. (b). 1976 - Subsecs. (c), (h). Pub. L. 94-278 substituted "heart, blood vessel, lung, and blood diseases and blood resources" for "heart diseases" and "National Heart, Lung and Blood Advisory Council" for "National Heart and Lung Advisory Council". 1974 - Subsec. (c). Pub. L. 93-348, Sec. 104(a)(1), redesignated subsec. (d) as (c) and substituted "research projects" for "research or research training projects" in two places, "general support of their research" for "general support of their research and research training programs" and "research grants-in-aid" for "research and research training program grants-in-aid". Former subsec. (c), authorizing Surgeon General to establish and maintain research fellowships in the Public Health Service with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most brilliant and promising research fellows from the United States and abroad, was struck out. Subsec. (d). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsec. (e) as (d). Pub. L. 93-282 substituted "mental health, including research on the use and effect of alcohol and other psychoactive drugs" for "the use and effect of drugs" in former concluding provisions of section 242a(a) of this title. See 1988 Amendment note above. Subsecs. (e), (f). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsecs. (f) and (g) as (e) and (f), respectively. Former subsec. (e) redesignated (d). Subsec. (g). Pub. L. 93-352 struck out "during the fiscal year ending June 30, 1966, and each of the eight succeeding fiscal years" after "Enter into contracts". Notwithstanding directory language that amendment be made to subsec. (h), the amendment was executed to subsec. (g) to reflect the probable intent of Congress and the intervening redesignation of subsec. (h) as (g) by Pub. L. 93-348. Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Subsecs. (h), (i). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsecs. (h) and (i) as (g) and (h), respectively. 1972 - Subsecs. (d), (i). Pub. L. 92-423 substituted "National Heart and Lung Advisory Council" for "National Advisory Heart Council". 1971 - Subsecs. (d), (i). Pub. L. 92-218 substituted "National Cancer Advisory Board" for "National Advisory Cancer Council". 1970 - Subsec. (d). Pub. L. 91-513 added subsec. (d). See 1988 Amendment note above. Subsec. (h). Pub. L. 91-515 substituted "eight" for "five" succeeding fiscal years. 1967 - Subsec. (h). Pub. L. 90-174 substituted "five" for "two" succeeding fiscal years. 1965 - Subsecs. (h), (i). Pub. L. 89-115 added subsec. (h) and redesignated former subsec. (h) as (i). 1962 - Subsec. (d). Pub. L. 87-838 inserted "or research training" in two places. 1960 - Subsec. (d). Pub. L. 86-798 authorized the Surgeon General, upon recommendation of the National Advisory Health Council, to make grants to public or non-profit universities, hospitals, laboratories, and other institutions to support research and research training programs, and to make available for such research and research training programs, up to 15 per centum of amounts provided for research grants through the appropriations for the National Institutes of Health. 1956 - Subsecs. (g), (h). Act July 3, 1956, added subsec. (g) and redesignated former subsec. (g) as (h). 1948 - Subsec. (d). Acts June 16, 1948, Sec. 4(e), and June 24, 1948, Sec. 4(e), made provisions applicable to the National Advisory Heart Council and the National Advisory Dental Research Council, respectively. Subsec. (d). Act June 25, 1948, continued in basic legislation the authority to purchase penicillin and other antibiotic compounds for use in research projects. Subsec. (g). Acts June 16, 1948, Sec. 4(f), and June 24, 1948, Sec. 4(f), made provisions applicable to the National Advisory Heart Council and the National Advisory Dental Research Council, respectively. 1946 - Subsec. (d). Act July 3, 1946, made the National Advisory Mental Health Council the body to make recommendations to the Surgeon General on awarding of grants-in-aid for research projects with respect to mental health. Subsec. (g). Act July 3, 1946, gave National Advisory Health Council the right to make recommendations to carry out purposes of this section. -CHANGE- CHANGE OF NAME "Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (a)(7), and "Department of Health and Human Services" substituted for "Department of Health, Education, and Welfare" in subsec. (b)(1), (3), and (4)(D)(I), (II), pursuant to section 509(b) of Pub. L. 96- 88 which is classified to section 3508(b) of Title 20, Education. -MISC2- EFFECTIVE DATE OF 1978 AMENDMENT Sections 261 and 262 of Pub. L. 95-622 provided that the amendments made by those sections are effective Oct. 1, 1978. EFFECTIVE DATE OF 1974 AMENDMENT Section 104(b) of Pub. L. 93-348 provided that: "The amendments made by subsection (a) [amending this section and sections 242a, 282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k, and heading preceding section 289l of this title] shall not apply with respect to commitments made before the date of the enactment of this Act [July 12, 1974] by the Secretary of Health, Education, and Welfare for research training under the provisions of the Public Health Service Act amended or repealed by subsection (a)." EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-423 effective 60 days after Sept. 19, 1972, or on such prior date after Sept. 19, 1972, as the President shall prescribe and publish in the Federal Register, see section 9 of Pub. L. 92-423, set out as a note under section 218 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-218 effective 60 days after Dec. 23, 1971, or on such prior date after Dec. 23, 1971, as the President shall prescribe and publish in the Federal Register, see section 7 of Pub. L. 92-218, set out as a note under section 218 of this title. COORDINATION OF DATA SURVEYS AND REPORTS Pub. L. 106-113, div. B, Sec. 1000(a)(6) [title VII, Sec. 703(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-402, provided that: "The Secretary of Health and Human Services, through the Assistant Secretary for Planning and Evaluation, shall establish a clearinghouse for the consolidation and coordination of all Federal databases and reports regarding children's health." FEMALE GENITAL MUTILATION Pub. L. 104-134, title I, Sec. 101(d) [title V, Sec. 520], Apr. 26, 1996, 110 Stat. 1321-211, 1321-250; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that: "(a) Congress finds that - "(1) the practice of female genital mutilation is carried out by members of certain cultural and religious groups within the United States; and "(2) the practice of female genital mutilation often results in the occurrence of physical and psychological health effects that harm the women involved. "(b) The Secretary of Health and Human Services shall do the following: "(1) Compile data on the number of females living in the United States who have been subjected to female genital mutilation (whether in the United States or in their countries of origin), including a specification of the number of girls under the age of 18 who have been subjected to such mutilation. "(2) Identify communities in the United States that practice female genital mutilation, and design and carry out outreach activities to educate individuals in the communities on the physical and psychological health effects of such practice. Such outreach activities shall be designed and implemented in collaboration with representatives of the ethnic groups practicing such mutilation and with representatives of organizations with expertise in preventing such practice. "(3) Develop recommendations for the education of students of schools of medicine and osteopathic medicine regarding female genital mutilation and complications arising from such mutilation. Such recommendations shall be disseminated to such schools. "(c) For purposes of this section the term 'female genital mutilation' means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minor, or the labia major. "(d) The Secretary of Health and Human Services shall commence carrying out this section not later than 90 days after the date of enactment of this Act [Apr. 26, 1996]." SENTINEL DISEASE CONCEPT STUDY Section 1910 of Pub. L. 103-43 directed Secretary of Health and Human Services, in cooperation with Agency for Toxic Substances and Disease Registry and Centers for Disease Control and Prevention, to design and implement a pilot sentinel disease surveillance system for identifying relationship between occupation of household members and incidence of subsequent conditions or diseases in other members of household, and required Director of the National Institutes of Health to prepare and submit to Congress, not later than 4 years after June 10, 1993, a report concerning this project. STUDY OF THYROID MORBIDITY FOR HANFORD, WASHINGTON Section 161 of Pub. L. 100-607, as amended by Pub. L. 102-531, title III, Sec. 312(e)(1), Oct. 27, 1992, 106 Stat. 3506, directed Secretary of Health and Human Services, acting through Director of Centers for Disease Control and Prevention, to conduct a study of thyroid morbidity of the population, including Indian tribes and tribal organizations, in vicinity of Hanford, in State of Washington, authorized Director to contract out portions of study, and required Director, not later than 42 months after Nov. 4, 1988, to transmit a report, including such study, to Congress, chief executive officers of States of Oregon and Washington, and governing officials of Indian tribes in vicinity of Hanford, Washington. NATIONAL COMMISSION ON SLEEP DISORDERS RESEARCH Section 162 of Pub. L. 100-607 directed Secretary of Health and Human Services, after consultation with Director of National Institutes of Health, to establish a National Commission on Sleep Disorders Research to conduct a comprehensive study of present state of knowledge of incidence, prevalence, morbidity, and mortality resulting from sleep disorders, and of social and economic impact of such disorders, evaluate public and private facilities and resources (including trained personnel and research activities) available for diagnosis, prevention, and treatment of, and research into, such disorders, and identify programs (including biological, physiological, behavioral, environmental, and social programs) by which improvement in management and research into sleep disorders could be accomplished and, not later than 18 months after initial meeting of Commission, to submit to appropriate Committees of Congress a final report, and provided for termination of the Commission 30 days after submission of final report. RESEARCH WITH RESPECT TO HEALTH RESOURCES AND SERVICES ADMINISTRATION Section 632 of Pub. L. 100-607 provided that with respect to any program of research pursuant to this chapter, any such program carried out in fiscal year 1987 by an agency other than Health Resources and Services Administration (or appropriate to be carried out by such an agency) could not, for each of fiscal years 1989 through 1991, be carried out by such Administration. CONTINUING CARE FOR PSYCHIATRIC PATIENTS IN FORMER CLINICAL RESEARCH CENTER AT NATIONAL INSTITUTE ON DRUG ABUSE Pub. L. 99-117, Sec. 10, Oct. 7, 1985, 99 Stat. 494, provided that: "In any fiscal year beginning after September 30, 1981, from funds appropriated for carrying out section 301 of the Public Health Service Act [this section] with respect to mental health, the Secretary of Health and Human Services may provide, by contract or otherwise, for the continuing care of psychiatric patients who were under active and continuous treatment at the National Institute on Drug Abuse Clinical Research Center on the date such Clinical Research Center ceased operations." ANALYSIS OF THYROID CANCER; CREATION AND PUBLICATION OF RADIOEPIDEMIOLOGICAL TABLES Pub. L. 97-414, Sec. 7, Jan. 4, 1983, 96 Stat. 2059, as amended by Pub. L. 109-482, title I, Sec. 104(b)(3)(A), Jan. 15, 2007, 120 Stat. 3694, provided that: "(a) In carrying out section 301 of the Public Health Service Act [this section], the Secretary of Health and Human Services shall - "(1) conduct scientific research and prepare analyses necessary to develop valid and credible assessments of the risks of thyroid cancer that are associated with thyroid doses of Iodine 131; "(2) conduct scientific research and prepare analyses necessary to develop valid and credible methods to estimate the thyroid doses of Iodine 131 that are received by individuals from nuclear bomb fallout; and "(3) conduct scientific research and prepare analyses necessary to develop valid and credible assessments of the exposure to Iodine 131 that the American people received from the Nevada atmospheric nuclear bomb tests. "(b)(1) Within one year after the date of enactment of this Act [Jan. 4, 1983], the Secretary of Health and Human Services shall devise and publish radioepidemiological tables that estimate the likelihood that persons who have or have had any of the radiation related cancers and who have received specific doses prior to the onset of such disease developed cancer as a result of these doses. These tables shall show a probability of causation of developing each radiation related cancer associated with receipt of doses ranging from 1 millirad to 1,000 rads in terms of sex, age at time of exposure, time from exposure to the onset of the cancer in question, and such other categories as the Secretary, after consulting with appropriate scientific experts, determines to be relevant. Each probability of causation shall be calculated and displayed as a single percentage figure. "(2) At the time the Secretary of Health and Human Services publishes the tables pursuant to paragraph (1), such Secretary shall also publish - "(A) for the tables of each radiation related cancer, an evaluation which will assess the credibility, validity, and degree of certainty associated with such tables; and "(B) a compilation of the formulas that yielded the probabilities of causation listed in such tables. Such formulas shall be published in such a manner and together with information necessary to determine the probability of causation of any individual who has or has had a radiation related cancer and has received any given dose. "(3) The tables specified in paragraph (1) and the formulas specified in paragraph (2) shall be devised from the best available data that are most applicable to the United States, and shall be devised in accordance with the best available scientific procedures and expertise." TERMINATION OF ADVISORY COMMITTEES Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. -EXEC- EXECUTIVE ORDER NO. 13435 Ex. Ord. No. 13435, June 20, 2007, 72 F.R. 34591, which directed research with stem cells not derived from the creation or destruction of a human embryo or fetus, was revoked by Ex. Ord. No. 13505, Sec. 5(b), Mar. 9, 2009, 74 F.R. 10668, set out below. EX. ORD. NO. 13505. REMOVING BARRIERS TO RESPONSIBLE SCIENTIFIC RESEARCH INVOLVING HUMAN STEM CELLS Ex. Ord. No. 13505, Mar. 9, 2009, 74 F.R. 10667, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Research involving human embryonic stem cells and human non-embryonic stem cells has the potential to lead to better understanding and treatment of many disabling diseases and conditions. Advances over the past decade in this promising scientific field have been encouraging, leading to broad agreement in the scientific community that the research should be supported by Federal funds. For the past 8 years, the authority of the Department of Health and Human Services, including the National Institutes of Health (NIH), to fund and conduct human embryonic stem cell research has been limited by Presidential actions. The purpose of this order is to remove these limitations on scientific inquiry, to expand NIH support for the exploration of human stem cell research, and in so doing to enhance the contribution of America's scientists to important new discoveries and new therapies for the benefit of humankind. Sec. 2. Research. The Secretary of Health and Human Services (Secretary), through the Director of NIH, may support and conduct responsible, scientifically worthy human stem cell research, including human embryonic stem cell research, to the extent permitted by law. Sec. 3. Guidance. Within 120 days from the date of this order, the Secretary, through the Director of NIH, shall review existing NIH guidance and other widely recognized guidelines on human stem cell research, including provisions establishing appropriate safeguards, and issue new NIH guidance on such research that is consistent with this order. The Secretary, through NIH, shall review and update such guidance periodically, as appropriate. Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec. 5. Revocations. (a) The Presidential statement of August 9, 2001, limiting Federal funding for research involving human embryonic stem cells, shall have no further effect as a statement of governmental policy. (b) Executive Order 13435 of June 20, 2007, which supplements the August 9, 2001, statement on human embryonic stem cell research, is revoked. Barack Obama. GUIDELINES FOR HUMAN STEM CELL RESEARCH Memorandum of President of the United States, July 30, 2009, 74 F.R. 38885, provided: Memorandum for the Heads of Executive Departments and Agencies As outlined in Executive Order 13505 of March 9, 2009, my Administration is committed to supporting and conducting ethically responsible, scientifically worthy human stem cell research, including human embryonic stem cell research, to the extent permitted by law. Pursuant to that order, the National Institutes of Health (NIH) published final "National Institutes of Health Guidelines for Human Stem Cell Research" (Guidelines), effective July 7, 2009. These Guidelines apply to the expenditure of NIH funds for research using human embryonic stem cells and certain uses of human induced pluripotent stem cells. The Guidelines are based on the principles that responsible research with human embryonic stem cells has the potential to improve our understanding of human biology and aid in the discovery of new ways to prevent and treat illness, and that individuals donating embryos for research purposes should do so freely, with voluntary and informed consent. These Guidelines will ensure that NIH-funded research adheres to the highest ethical standards. In order to ensure that all federally funded human stem cell research is conducted according to these same principles and to promote a uniform Federal policy across the executive branch, I hereby direct the heads of executive departments and agencies that support and conduct stem cell research to adopt these Guidelines, to the fullest extent practicable in light of legal authorities and obligations. I also direct those departments and agencies to submit to the Director of the Office of Management and Budget (OMB), within 90 days, proposed additions or revisions to any other guidance, policies, or procedures related to human stem cell research, consistent with Executive Order 13505 and this memorandum. The Director of the OMB shall, in coordination with the Director of NIH, review these proposals to ensure consistent implementation of Executive Order 13505 and this memorandum. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Executive departments and agencies shall carry out the provisions of this memorandum to the extent permitted by law and consistent with their statutory and regulatory authorities and their enforcement mechanisms. The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register. Barack Obama. -End- -CITE- 42 USC Sec. 242 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242. Studies and investigations on use and misuse of narcotic drugs and other drugs; annual report to Attorney General; cooperation with States -STATUTE- (a) In carrying out the purposes of section 241 of this title with respect to drugs the use or misuse of which might result in drug abuse or dependency, the studies and investigations authorized therein shall include the use and misuse of narcotic drugs and other drugs. Such studies and investigations shall further include the quantities of crude opium, coca leaves, and their salts, derivatives, and preparations, and other drugs subject to control under the Controlled Substances Act [21 U.S.C. 801 et seq.] and Controlled Substances Import and Export Act [21 U.S.C. 951 et seq.], together with reserves thereof, necessary to supply the normal and emergency medicinal and scientific requirements of the United States. The results of studies and investigations of the quantities of narcotic drugs or other drugs subject to control under such Acts, together with reserves of such drugs, that are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be reported not later than the first day of April of each year to the Attorney General, to be used at his discretion in determining manufacturing quotas or importation requirements under such Acts. (b) The Surgeon General shall cooperate with States for the purpose of aiding them to solve their narcotic drug problems and shall give authorized representatives of the States the benefit of his experience in the care, treatment, and rehabilitation of narcotic addicts to the end that each State may be encouraged to provide adequate facilities and methods for the care and treatment of its narcotic addicts. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 302, 58 Stat. 692; Pub. L. 91-513, title II, Sec. 701(j), Oct. 27, 1970, 84 Stat. 1282.) -REFTEXT- REFERENCES IN TEXT The Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. The Controlled Substances Import and Export Act, referred to in subsec. (a), is title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables. -MISC1- AMENDMENTS 1970 - Subsec. (a). Pub. L. 91-513 inserted references to drug dependency, drugs other than narcotic drugs, and substances subject to control under the Controlled Substances Act and the Controlled Substances Import and Export Act, substituted the first day of April of each year for the first day of September of each year as the date by which the study results must be submitted, substituted the Attorney General for the Secretary of the Treasury as the officer to whom the report is to be submitted, and struck out references to the Narcotic Drugs Import and Export Act. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91-513, set out as an Effective Date note under section 801 of Title 21, Food and Drugs. SAVINGS PROVISION Amendment by Pub. L. 91-513 not to affect or abate any prosecutions for violation of law or any civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of such amendment, and all administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs on Oct. 27, 1970, to be continued and brought to final determination in accord with laws and regulations in effect prior to Oct. 27, 1970, see section 702 of Pub. L. 91-513, set out as a note under section 321 of Title 21, Food and Drugs. -TRANS- TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- MARIHUANA AND HEALTH REPORTING Pub. L. 91-296, title V, June 30, 1970, 84 Stat. 352, as amended by Pub. L. 95-461, Sec. 3(a), Oct. 14, 1978, 92 Stat. 1268; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, known as the Marihuana and Health Reporting Act, which required the Secretary of Health and Human Services, after consultation with the Surgeon General and other appropriate individuals, to transmit a report to the Congress on or before January 31, 1971, and biennially thereafter (1) containing current information on the health consequences of using marihuana, and (2) containing such recommendations for legislative and administrative action as he may deem appropriate, was repealed by Pub. L. 98-24, Sec. 2(d), Apr. 26, 1983, 97 Stat. 182. -End- -CITE- 42 USC Sec. 242a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242a. Repealed. -MISC1- Sec. 242a. Repealed. Pub. L. 106-310, div. B, title XXXII, Sec. 3201(b)(1), Oct. 17, 2000, 114 Stat. 1190. Section, act July 1, 1944, ch. 373, title III, Sec. 303, as added July 3, 1946, ch. 538, Sec. 7(c), 60 Stat. 423; amended Aug. 2, 1956, ch. 871, title V, Sec. 501, 70 Stat. 929; Pub. L. 91-513, title I, Sec. 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 93-282, title I, Sec. 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93-348, title I, Sec. 104(a)(2), July 12, 1974, 88 Stat. 346; Pub. L. 95- 633, title I, Sec. 108(b), Nov. 10, 1978, 92 Stat. 3773; Pub. L. 96-398, title VIII, Sec. 803(a), Oct. 7, 1980, 94 Stat. 1607; Pub. L. 100-177, title II, Sec. 202(a), Dec. 1, 1987, 101 Stat. 996; Pub. L. 100-607, title I, Sec. 163(1)(A), Nov. 4, 1988, 102 Stat. 3062; Pub. L. 100-690, title II, Sec. 2058(b), Nov. 18, 1988, 102 Stat. 4214; Pub. L. 101-597, title IV, Sec. 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3035; Pub. L. 102-321, title I, Sec. 115(b), July 10, 1992, 106 Stat. 348; Pub. L. 102-408, title III, Sec. 305, Oct. 13, 1992, 106 Stat. 2084; Pub. L. 105-392, title IV, Sec. 403, Nov. 13, 1998, 112 Stat. 3588, related to mental health. -End- -CITE- 42 USC Sec. 242b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242b. General authority respecting research, evaluations, and demonstrations in health statistics, health services, and health care technology -STATUTE- (a) Scope of activities The Secretary may, through the Agency for Healthcare Research and Quality or the National Center for Health Statistics, or using Ruth L. Kirschstein National Research Service Awards or other appropriate authorities, undertake and support training programs to provide for an expanded and continuing supply of individuals qualified to perform the research, evaluation, and demonstration projects set forth in section 242k of this title and in subchapter VII of this chapter. (b) Additional authority; scope of activities To implement subsection (a) of this section and section 242k of this title, the Secretary may, in addition to any other authority which under other provisions of this chapter or any other law may be used by him to implement such subsection, do the following: (1) Utilize personnel and equipment, facilities, and other physical resources of the Department of Health and Human Services, permit appropriate (as determined by the Secretary) entities and individuals to utilize the physical resources of such Department, provide technical assistance and advice, make grants to public and nonprofit private entities and individuals, and, when appropriate, enter into contracts with public and private entities and individuals. (2) Admit and treat at hospitals and other facilities of the Service persons not otherwise eligible for admission and treatment at such facilities. (3) Secure, from time to time and for such periods as the Secretary deems advisable but in accordance with section 3109 of title 5, the assistance and advice of consultants from the United States or abroad. The Secretary may for the purpose of carrying out the functions set forth in sections 242c,(!1) 242k, and 242n (!1) of this title, obtain (in accordance with section 3109 of title 5, but without regard to the limitation in such section on the number of days or the period of service) for each of the centers the services of not more than fifteen experts who have appropriate scientific or professional qualifications. (4) Acquire, construct, improve, repair, operate, and maintain laboratory, research, and other necessary facilities and equipment, and such other real or personal property (including patents) as the Secretary deems necessary; and acquire, without regard to section 8141 of title 40, by lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in the District of Columbia or communities located adjacent to the District of Columbia. (c) Coordination of activities through units of Department (1) The Secretary shall coordinate all health services research, evaluations, and demonstrations, all health statistical and epidemiological activities, and all research, evaluations, and demonstrations respecting the assessment of health care technology undertaken and supported through units of the Department of Health and Human Services. To the maximum extent feasible such coordination shall be carried out through the Agency for Healthcare Research and Quality and the National Center for Health Statistics. (2) The Secretary shall coordinate the health services research, evaluations, and demonstrations, the health statistical and (where appropriate) epidemiological activities, and the research, evaluations, and demonstrations respecting the assessment of health care technology authorized by this chapter through the Agency for Healthcare Research and Quality and the National Center for Health Statistics. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 304, as added July 28, 1955, ch. 417, Sec. 3, 69 Stat. 382; amended Aug. 2, 1956, ch. 871, title V, Sec. 502, 70 Stat. 930; Pub. L. 90-174, Sec. 3(a), Dec. 5, 1967, 81 Stat. 534; Pub. L. 91-296, title IV, Sec. 401(b)(1)(A), June 30, 1970, 84 Stat. 352; Pub. L. 91-515, title II, Secs. 201(a)- (c), 202, 203, Oct. 30, 1970, 84 Stat. 1301-1303; Pub. L. 93-45, title I, Sec. 102, June 18, 1973, 87 Stat. 91; Pub. L. 93-353, title I, Sec. 103, July 23, 1974, 88 Stat. 362; Pub. L. 95-623, Secs. 3, 7, Nov. 9, 1978, 92 Stat. 3443, 3451; Pub. L. 96-32, Sec. 5(a)-(c), July 10, 1979, 93 Stat. 82; Pub. L. 97-35, title IX, Sec. 918, Aug. 13, 1981, 95 Stat. 565; Pub. L. 98-551, Sec. 5(c), Oct. 30, 1984, 98 Stat. 2819; Pub. L. 101-239, title VI, Sec. 6103(e)(1), Dec. 19, 1989, 103 Stat. 2205; Pub. L. 103-183, title V, Sec. 501(b), Dec. 14, 1993, 107 Stat. 2237; Pub. L. 106-129, Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670; Pub. L. 107-206, title I, Sec. 804(c), Aug. 2, 2002, 116 Stat. 874.) -REFTEXT- REFERENCES IN TEXT Sections 242c and 242n of this title, referred to in subsec. (b)(3), were repealed by Pub. L. 101-239, title VI, Sec. 6103(d)(1), Dec. 19, 1989, 103 Stat. 2205. -COD- CODIFICATION In subsec. (b)(4), "section 8141 of title 40" substituted for "the Act of March 3, 1877 (40 U.S.C. 34)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -MISC1- AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-206 substituted "Ruth L. Kirschstein National Research Service Awards" for "National Research Service Awards". 1999 - Subsecs. (a), (c). Pub. L. 106-129 substituted "Agency for Healthcare Research and Quality" for "Agency for Health Care Policy and Research" wherever appearing. 1993 - Subsec. (d). Pub. L. 103-183 struck out subsec. (d) which directed Secretary to conduct an ongoing study of present and projected future health costs of pollution and other environmental conditions resulting from human activity and to submit to Congress reports on the study. 1989 - Subsec. (a). Pub. L. 101-239, Sec. 6103(e)(1)(B), substituted "the Agency for Health Care Policy and Research" for "the National Center for Health Services Research and Health Care Technology Assessment" and "in section 242k of this title and in subchapter VII of this chapter" for "in sections 242c, 242k, and 242n of this title". Pub. L. 101-239, Sec. 6103(e)(1)(A), redesignated par. (3) as entire subsec. (a) and struck out pars. (1) and (2) which required Secretary to conduct and support research, demonstrations, evaluations, and statistical and epidemiological activities for purpose of improving health services in the United States, and which specified types of activities Secretary was to emphasize in carrying out par. (1). Subsec. (b). Pub. L. 101-239, Sec. 6103(e)(1)(C), substituted "subsection (a) of this section and section 242k of this title" for "subsection (a) of this section". Subsec. (c)(1), (2). Pub. L. 101-239, Sec. 6103(e)(1)(D), substituted "the Agency for Health Care Policy and Research" for "the National Center for Health Services Research and Health Care Technology Assessment". 1984 - Subsec. (a)(1). Pub. L. 98-551, Sec. 5(c)(1), (2), substituted "the National Center for Health Services Research and Health Care Technology Assessment and the National Center for Health Statistics" for "the National Center for Health Services Research, the National Center for Health Statistics, and the National Center for Health Care Technology". Subsec. (a)(3). Pub. L. 98-551, Sec. 5(c)(1), (3), substituted "the National Center for Health Services Research and Health Care Technology Assessment or the National Center for Health Statistics" for "the National Center for Health Services Research, the National Center for Health Statistics, or the National Center for Health Care Technology". Subsec. (c)(1), (2). Pub. L. 98-551, Sec. 5(c)(1), (2), substituted "the National Center for Health Services Research and Health Care Technology Assessment and the National Center for Health Statistics" for "the National Center for Health Services Research, the National Center for Health Statistics, and the National Center for Health Care Technology". 1981 - Subsec. (a)(3). Pub. L. 97-35, Sec. 918(a), substituted "may" for "shall", "or the" for "and the", "or using" for "and using", and "or other" for "and other". Subsecs. (b)(1), (c)(1). Pub. L. 97-35, Sec. 918(d)(1), substituted "Health and Human Services" for "Health, Education, and Welfare". Subsec. (d)(1). Pub. L. 97-35, Sec. 918(b)(1), (2), substituted provisions relating to advice and assistance of the National Academy of Sciences, for provisions relating to joint authority of the National Academy of Sciences, and struck out definition of "Academy" as meaning the National Academy of Sciences. Subsec. (d)(3). Pub. L. 97-35, Sec. 918(b)(3), (c), (d)(2), substituted "every three years" for "every two years", and "Energy and" for "Interstate and Foreign", and struck out references to the Academy. 1979 - Subsec. (b)(1), (3). Pub. L. 96-32, Sec. 5(a), (b), amended directory language of Pub. L. 95-623, Sec. 3(b), (d), and required no change in text. See 1978 Amendment note below. Subsec. (d). Pub. L. 96-32, Sec. 5(c), substituted "(d)" for "(e)" as designation of subsection added by Pub. L. 95-623, Sec. 7, thereby correcting the subsection designation. 1978 - Subsec. (a)(1). Pub. L. 95-623, Sec. 3(a), substituted provision for the Secretary acting through the National Center for Health Care Technology for such action through other units of the Department of Health, Education, and Welfare and "conduct" for "undertake", included epidemiological activities, and declared as an objective the improvement of the effectiveness, efficiency, and quality of Federal health services. Subsec. (a)(2). Pub. L. 95-623, Sec. 3(a), provided for emphasis to demonstrations, evaluations, and epidemiological activities; redesignated as subpar. (A) former subpar. (C); struck out "technology" and "quality" after "organization," and "utilization,", respectively, and end clause "including systems for the delivery of preventive, personal, and mental health care" and former subpar. (A) activities respecting "the determination of an individual's health"; added subpars. (B) through (D); struck out former subpar. (D) activities respecting "individual and community knowledge of individual health and the systems for the delivery of health care"; added subpars. (E) through (I); and redesignated as subpar. (J) former subpar. (B). Subsec. (a)(3). Pub. L. 95-623, Sec. 3(a), added par. (3). Subsec. (b)(1). Pub. L. 95-623, Sec. 3(b), as amended by Pub. L. 96-32, Sec. 5(a), substituted ", when appropriate, enter into contracts with public and private entities and individuals" for "enter into contracts with public and private entities and individuals, for (A) health services research, evaluation, and demonstrations, and (B) health services research and health statistics training, and (C) health statistical activities". Subsec. (b)(3). Pub. L. 95-623, Sec. 3(d), as amended by Pub. L. 96-32, Sec. 5(b), substituted "advisable but in accordance with section 3109 of title 5" for "advisable", struck out "experts and" before "consultants", and authorized the Secretary to obtain for the centers the services of experts with appropriate scientific or professional qualifications. Subsec. (c). Pub. L. 95-623, Sec. 3(c), designated existing text as par. (1), substituted "evaluations, and demonstrations, all health statistical and epidemiological activities, and all research, evaluations, and demonstrations respecting the assessment of health care technology" for "evaluation, demonstration, and health statistical activities" before "undertaken and supported", required coordination of activities to also be carried out through the National Center for Health Care Technology, and added par. (2). Subsec. (d). Pub. L. 95-623, Sec. 7, as amended by Pub. L. 96-32, Sec. 5(c), added subsec. (d). 1974 - Pub. L. 93-353, in revising generally provisions of subsecs. (a) to (c), provided for general authority respecting health statistics and health services research, evaluation, and demonstrations, subsec. (a) relating to scope of activities, subsec. (b) relating to additional authority and scope of activities, and subsec. (c) relating to coordination of activities through units of the Department. Former provisions related to research and demonstrations relating to health facilities and services, subsec. (a) relating to grants and contracts for projects for research, experiments, or demonstrations and related training, cost limitation, wage rates, labor standards, and other conditions, and payments (former subsec. (a)(2) and (3) now being covered by section 242m(h) and (e), respectively), subsec. (b) relating to systems analysis of national health care plans, and cost and coverage report on existing legislative proposals, and subsec. (c) relating to authorization of appropriations. 1973 - Subsec. (c)(1). Pub. L. 93-45 authorized appropriations of $42,617,000 for fiscal year ending June 30, 1974. 1970 - Subsec. (a)(1). Pub. L. 91-515, Secs. 201(a)(1), 203, redesignated subsec. (a) as (a)(1), substituted "(A)" and "(B)" for "(1)" and "(2)", and "(i) to (iii)" for "(A) to (C)", and added cls. (iv) and (v). Subsec. (a)(2). Pub. L. 91-515, Sec. 201(a)(2), redesignated subsec. (b) as (a)(2), and substituted "subsection" for "section" wherever appearing. Subsec. (a)(3). Pub. L. 91-515, Secs. 201(a)(3), 202, redesignated subsec. (c) as (a)(3)(A), substituted "subsection" for "section" wherever appearing, and added subsec. (a)(3)(B). Subsec. (b). Pub. L. 91-515, Sec. 201(a)(2)(A), (b), added subsec. (b). Former subsec. (b) redesignated (a)(2). Subsecs. (c), (d). Pub. L. 91-515, Secs. 201(a)(3)(A), (c), 202(1), redesignated subsec. (d) as (c), and substituted provisions authorizing appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, and authorizing to be appropriated such additional sums for each fiscal year as may be necessary to carry out the provisions of subsec. (b), for provisions authorizing appropriations of $20,000,000 for the fiscal year ending June 30, 1968, $40,000,000 for the fiscal year ending June 30, 1969, and $60,000,000 for the fiscal year ending June 30, 1970. Former subsec. (c) redesignated (a)(3)(A). Pub. L. 91-296 struck out provisions authorizing use of appropriated funds for evaluation of program authorized by this section. See section 229b of this title. 1967 - Pub. L. 90-174 substituted provisions of subsecs. (a) to (d) for research and demonstrations relating to health facilities (incorporated from former section 291n of this title) for provisions of former subsecs. (a) to (d) for mental health study including grants for special projects, conditions thereof, and definition of "organization", authorization of appropriations, terms of grant, availability of amounts otherwise appropriated and noninterference with research and study programs of the National Institute of Mental Health, and acceptance of additional financial support. 1956 - Act Aug. 2, 1956, changed heading of section 304 of act July 1, 1944 from "Grants for special projects in mental health" to "Mental health study grants". Section heading has been changed for purposes of codification. EFFECTIVE DATE OF 1970 AMENDMENTS Section 201(d) of Pub. L. 91-515 provided that: "The amendments made by subsection (c) of this section [amending this section] shall be effective only with respect to fiscal years ending after June 30, 1970." Section 401(b)(1) of Pub. L. 91-296 provided that the amendment made by that section is effective with respect to appropriations for fiscal years beginning after June 30, 1970. EFFECTIVE DATE OF 1956 AMENDMENT Amendment of section by act Aug. 2, 1956, effective July 1, 1956, see section 503 of act Aug. 2, 1956. -TRANS- TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- COMMISSION ON SYSTEMIC INTEROPERABILITY Pub. L. 108-173, title X, Sec. 1012, Dec. 8, 2003, 117 Stat. 2435, directed the Secretary of Health and Human Services to establish a commission to be known as the "Commission on Systemic Interoperability", which would develop a comprehensive strategy for the adoption and implementation of health care information technology standards, and which would terminate 30 days after submitting a report, not later than Oct. 31, 2005, to the Secretary and to Congress, describing the strategy developed. MODEL STANDARDS WITH RESPECT TO PREVENTIVE HEALTH SERVICES IN COMMUNITIES Pub. L. 95-83, title III, Sec. 314, Aug. 1, 1977, 91 Stat. 398, required the Secretary of Health, Education, and Welfare, within two years of Aug. 1, 1977, to establish model standards with respect to preventive health services in communities and report such standards to Congress. TRANSFER OF EQUIPMENT Pub. L. 94-573, Sec. 15, Oct. 21, 1976, 90 Stat. 2719, provided that notwithstanding any other provision of law, the Secretary of Health, Education, and Welfare could vest title to equipment purchased with funds under the seven contracts for emergency medical services demonstration projects entered into in 1972 and 1973 under this section (as in effect at the time the contracts were entered into), and by contractors with the United States under such contracts or subcontractors under such contracts, in such contractors or subcontractors without further obligation to the Government or on such terms as the Secretary considered appropriate. CONGRESSIONAL DECLARATION OF PURPOSE Section 2 of Joint Res. July 28, 1955, provides a Congressional statement of the critical need for an analysis and reevaluation of the human and economic problems of mental illness and of the resources, methods, and practices utilized in diagnosing, treating, caring for, and rehabilitating the mentally ill, both within and outside of institutions, as might lead to the development of recommendations for such better utilization of those resources or such improvements on and new developments in methods of diagnosis, treatment, care, and rehabilitation as give promise of resulting in a marked reduction in the incidence or duration of mental illness and, in consequence, a lessening of the appalling emotional and financial drain on the families of those afflicted or on the economic resources of the States and of the Nation and a declaration of the policy to promote mental health and to help solve the complex and the interrelated problems posed by mental illness by encouraging the undertaking of nongovernmental, multidisciplinary research into and reevaluation of all aspects of our resources, methods, and practices for diagnosing, treating, caring for, and rehabilitating the mentally ill, including research aimed at the prevention of mental illness. CHILDREN'S EMOTIONAL ILLNESS STUDY; PROGRAM GRANTS; CONDITIONS; DEFINITIONS; APPROPRIATIONS; TERMS OF GRANT Pub. L. 89-97, title II, Sec. 231, July 30, 1965, 79 Stat. 360, as amended by Pub. L. 90-248, title III, Sec. 305, Jan. 2, 1968, 81 Stat. 929, authorized the Secretary of Health, Education, and Welfare upon the recommendation of the National Advisory Mental Health Council and after securing the advice of experts in pediatrics and child welfare, to make grants to organizations on certain conditions for carrying out a program of research into and study of resources, methods, and practices for diagnosing or preventing emotional illness in children and of treating, caring for, and rehabilitating children with emotional illnesses, defined "organization", and authorized appropriations for the making of such grants for fiscal years ending June 30, 1966, and June 30, 1967, with such research and study to be completed not later than three years from the date it was inaugurated. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 242c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242c. Repealed. -MISC1- Sec. 242c. Repealed. Pub. L. 101-239, title VI, Sec. 6103(d)(1)(A), Dec. 19, 1989, 103 Stat. 2205. Section, act July 1, 1944, ch. 373, title III, Sec. 305, as added July 3, 1956, ch. 510, Sec. 3, 70 Stat. 490; amended Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 210, 84 Stat. 1303; June 18, 1973, Pub. L. 93-45, title I, Sec. 103, 87 Stat. 91; July 23, 1974, Pub. L. 93-353, title I, Sec. 104, 88 Stat. 363; Oct. 8, 1976, Pub. L. 94-460, title III, Sec. 301, 90 Stat. 1960; Nov. 9, 1978, Pub. L. 95-623, Sec. 4, 92 Stat. 3445; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 919(a)(1), (2)(A), (3), (b)(1), (c), (d), 95 Stat. 565, 566; Oct. 30, 1984, Pub. L. 98-551, Secs. 5(a), (b), 6, 98 Stat. 2817, 2819, 2820; Oct. 7, 1985, Pub. L. 99-117, Sec. 6, 99 Stat. 492; Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(b)(2), 100 Stat. 3779; Dec. 1, 1987, Pub. L. 100-177, title I, Secs. 101, 102, 101 Stat. 987; Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 204(1), 102 Stat. 3079; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2620(b)(3), 102 Stat. 4244; Aug. 16, 1989, Pub. L. 101-93, Sec. 5(e)(3), 103 Stat. 612, related to National Center for Health Services Research and Health Care Technology Assessment. TERMINATION OF NATIONAL CENTER FOR HEALTH SERVICES RESEARCH AND HEALTH CARE TECHNOLOGY ASSESSMENT Section 6103(d)(1)(A) of Pub. L. 101-239 provided in part that the National Center for Health Services Research and Health Care Technology Assessment is terminated. TRANSITIONAL AND SAVINGS PROVISIONS FOR PUB. L. 101-239 For provision transferring personnel of Department of Health and Human Services employed on Dec. 19, 1989, in connection with functions vested in Administrator for Health Care Policy and Research pursuant to amendments made by section 6103 of Pub. L. 101- 239, and assets, liabilities, etc., of Department arising from or employed, held, used, or available on that date, or to be made available after that date, in connection with those functions, to Administrator for appropriate allocation, and for provisions for continued effectiveness of actions, orders, rules, official documents, etc., of Department that have been issued, made, granted, or allowed to become effective in performance of those functions, and that were effective on Dec. 19, 1989, see section 6103(f) of Pub. L. 101-239, set out as a note under section 299 of this title. -End- -CITE- 42 USC Sec. 242d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242d. Transferred -COD- CODIFICATION Section, act July 1, 1944, ch. 373, title III, Sec. 306, as added Aug. 2, 1956, ch. 871, title I, Sec. 101, 70 Stat. 923; amended July 23, 1959, Pub. L. 86-105, Sec. 1, 73 Stat. 239; Sept. 8, 1960, Pub. L. 88-497, Sec. 2, 78 Stat. 613; Aug. 16, 1968, Pub. L. 90- 490, title III, Sec. 302(b), 82 Stat. 789; Mar. 12, 1970, Pub. L. 91-208, Sec. 3, 84 Stat. 52; Oct. 30, 1970, Pub. L. 91-515, title VI, Sec. 601(b)(2), 84 Stat. 1311; June 18, 1973, Pub. L. 93-45, title I, Sec. 104(a), 87 Stat. 91, which related to graduate or specialized training for physicians, engineers, nurses, and other professional personnel, was renumbered section 312 of act July 1, 1944, by Pub. L. 93-353 and transferred to section 244-1 of this title, and was subsequently repealed. -End- -CITE- 42 USC Sec. 242e 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242e. Repealed. -MISC1- Sec. 242e. Repealed. Pub. L. 93-353, title I, Sec. 102(a), July 23, 1974, 88 Stat. 362. Section, act July 1, 1944, ch. 373, title III, Sec. 307, as added Aug. 2, 1956, ch. 871, title II, Sec. 201, 70 Stat. 924; amended July 23, 1959, Pub. L. 86-105, Sec. 2, 73 Stat. 239; Oct. 30, 1970, Pub. L. 91-515, title VI, Sec. 601(b)(2), 84 Stat. 1311, provided for a professional nurse traineeship program for which authorization of appropriations were made through fiscal year ending June 30, 1964. Provision for the continuation of the program was made by the Nurse Training Act of 1964, which enacted section 297 et seq. of this title. -End- -CITE- 42 USC Secs. 242f to 242j 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Secs. 242f to 242j. Transferred -COD- CODIFICATION Section 242f, act July 1, 1944, ch. 373, title III, Sec. 308, as added July 12, 1960, Pub. L. 86-610, Sec. 3, 74 Stat. 364, which related to international cooperation with respect to biomedical research and health services research and statistical activities, was renumbered section 307 of act July 1, 1944, by Pub. L. 93-353 and transferred to section 242l of this title. Section 242g, act July 1, 1944, ch. 373, title III, Sec. 309, as added Sept. 8, 1960, Pub. L. 86-720, Sec. 1(a), 74 Stat. 819; amended Aug. 27, 1964, Pub. L. 88-497, Sec. 3, 78 Stat. 613; Nov. 3, 1966, Pub. L. 89-749, Sec. 4, 80 Stat. 1190; Dec. 5, 1967, Pub. L. 90-147, Secs. 2(g), 8(c), 81 Stat. 534, 540; Aug. 16, 1968, Pub. L. 90-490, title III, Sec. 302(a), 82 Stat. 788; Mar. 12, 1970, Pub. L. 91-208, Secs. 1, 2, 84 Stat. 52; June 30, 1970, Pub. L. 91- 296, title IV, Sec. 401(b)(1)(B), 84 Stat. 352; June 18, 1973, Pub. L. 93-45, title I, Sec. 104(b), (c), 87 Stat. 91, which related to graduate public health training grants, was renumbered section 313 of act July 1, 1944, by Pub. L. 93-353 and transferred to section 245a of this title, and was subsequently repealed. Section 242h, act July 1, 1944, ch. 373, title III, Sec. 310, as added Sept. 25, 1962, Pub. L. 87-692, 76 Stat. 592, and amended and renumbered, which related to health services for domestic agricultural migrants, was renumbered section 319 of act July 1, 1944, by Pub. L. 93-353, title I, Sec. 102(d), July 23, 1974, 88 Stat. 362, transferred to section 247d of this title, and subsequently renumbered and transferred to section 254b of this title, prior to being omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of this subchapter by Pub. L. 104- 299, Sec. 2. Section 242i, act July 1, 1944, ch. 373, title III, Sec. 310A, as added Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 270, 84 Stat. 1306; amended Nov. 18, 1971, Pub. L. 92-157, title II, Sec. 201, 85 Stat. 461, which related to administration of grants in multigrant projects, was renumbered section 226 of act July 1, 1944, by Pub. L. 93-353 and transferred to section 235 of this title. Section 242j, act July 1, 1944, ch. 373, title III, Sec. 310B, as added Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 280, 84 Stat. 1307, which provided for and annual report by Secretary on activities related to health facilities and services and expenditure of funds, was renumbered section 227 of act July 1, 1944, by Pub. L. 93-353 and transferred to section 236 of this title, and was subsequently repealed. -End- -CITE- 42 USC Sec. 242k 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242k. National Center for Health Statistics -STATUTE- (a) Establishment; appointment of Director; statistical and epidemiological activities There is established in the Department of Health and Human Services the National Center for Health Statistics (hereinafter in this section referred to as the "Center") which shall be under the direction of a Director who shall be appointed by the Secretary. The Secretary, acting through the Center, shall conduct and support statistical and epidemiological activities for the purpose of improving the effectiveness, efficiency, and quality of health services in the United States. (b) Duties In carrying out subsection (a) of this section, the Secretary, acting through the Center, (1) shall collect statistics on - (A) the extent and nature of illness and disability of the population of the United States (or of any groupings of the people included in the population), including life expectancy, the incidence of various acute and chronic illnesses, and infant and maternal morbidity and mortality, (B) the impact of illness and disability of the population on the economy of the United States and on other aspects of the well-being of its population (or of such groupings), (C) environmental, social, and other health hazards, (D) determinants of health, (E) health resources, including physicians, dentists, nurses, and other health professionals by specialty and type of practice and the supply of services by hospitals, extended care facilities, home health agencies, and other health institutions, (F) utilization of health care, including utilization of (i) ambulatory health services by specialties and types of practice of the health professionals providing such services, and (ii) services of hospitals, extended care facilities, home health agencies, and other institutions, (G) health care costs and financing, including the trends in health care prices and cost, the sources of payments for health care services, and Federal, State, and local governmental expenditures for health care services, and (H) family formation, growth, and dissolution; (2) shall undertake and support (by grant or contract) research, demonstrations, and evaluations respecting new or improved methods for obtaining current data on the matters referred to in paragraph (1); (3) may undertake and support (by grant or contract) epidemiological research, demonstrations, and evaluations on the matters referred to in paragraph (1); and (4) may collect, furnish, tabulate, and analyze statistics, and prepare studies, on matters referred to in paragraph (1) upon request of public and nonprofit private entities under arrangements under which the entities will pay the cost of the service provided. Amounts appropriated to the Secretary from payments made under arrangements made under paragraph (4) shall be available to the Secretary for obligation until expended. (c) Statistical and epidemiological compilations and surveys The Center shall furnish such special statistical and epidemiological compilations and surveys as the Committee on Labor and Human Resources and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives may request. Such statistical and epidemiological compilations and surveys shall not be made subject to the payment of the actual or estimated cost of the preparation of such compilations and surveys. (d) Technical aid to States and localities To insure comparability and reliability of health statistics, the Secretary shall, through the Center, provide adequate technical assistance to assist State and local jurisdictions in the development of model laws dealing with issues of confidentiality and comparability of data. (e) Cooperative Health Statistics System For the purpose of producing comparable and uniform health information and statistics, there is established the Cooperative Health Statistics System. The Secretary, acting through the Center, shall - (1) coordinate the activities of Federal agencies involved in the design and implementation of the System; (2) undertake and support (by grant or contract) research, development, demonstrations, and evaluations respecting the System; (3) make grants to and enter into contracts with State and local health agencies to assist them in meeting the costs of data collection and other activities carried out under the System; and (4) review the statistical activities of the Department of Health and Human Services to assure that they are consistent with the System. States participating in the System shall designate a State agency to administer or be responsible for the administration of the statistical activities within the State under the System. The Secretary, acting through the Center, shall prescribe guidelines to assure that statistical activities within States participating in the system (!1) produce uniform and timely data and assure appropriate access to such data. (f) Federal-State cooperation To assist in carrying out this section, the Secretary, acting through the Center, shall cooperate and consult with the Departments of Commerce and Labor and any other interested Federal departments or agencies and with State and local health departments and agencies. For such purpose he shall utilize insofar as possible the services or facilities of any agency of the Federal Government and, without regard to section 6101 of title 41, of any appropriate State or other public agency, and may, without regard to such section, utilize the services or facilities of any private agency, organization, group, or individual, in accordance with written agreements between the head of such agency, organization, or group and the Secretary or between such individual and the Secretary. Payment, if any, for such services or facilities shall be made in such amounts as may be provided in such agreement. (g) Collection of health data; data collection forms To secure uniformity in the registration and collection of mortality, morbidity, and other health data, the Secretary shall prepare and distribute suitable and necessary forms for the collection and compilation of such data. (h) Registration area records (1) There shall be an annual collection of data from the records of births, deaths, marriages, and divorces in registration areas. The data shall be obtained only from and restricted to such records of the States and municipalities which the Secretary, in his discretion, determines possess records affording satisfactory data in necessary detail and form. The Secretary shall encourage States and registration areas to obtain detailed data on ethnic and racial populations, including subpopulations of Hispanics, Asian Americans, and Pacific Islanders with significant representation in the State or registration area. Each State or registration area shall be paid by the Secretary the Federal share of its reasonable costs (as determined by the Secretary) for collecting and transcribing (at the request of the Secretary and by whatever method authorized by him) its records for such data. (2) There shall be an annual collection of data from a statistically valid sample concerning the general health, illness, and disability status of the civilian noninstitutionalized population. Specific topics to be addressed under this paragraph, on an annual or periodic basis, shall include the incidence of illness and accidental injuries, prevalence of chronic diseases and impairments, disability, physician visits, hospitalizations, and the relationship between demographic and socioeconomic characteristics and health characteristics. (i) Technical assistance in effective use of statistics The Center may provide to public and nonprofit private entities technical assistance in the effective use in such activities of statistics collected or compiled by the Center. (j) Coordination of health statistical and epidemiological activities In carrying out the requirements of section 242b(c) of this title and paragraph (1) of subsection (e) of this section, the Secretary shall coordinate health statistical and epidemiological activities of the Department of Health and Human Services by - (1) establishing standardized means for the collection of health information and statistics under laws administered by the Secretary; (2) developing, in consultation with the National Committee on Vital and Health Statistics, and maintaining the minimum sets of data needed on a continuing basis to fulfill the collection requirements of subsection (b)(1) of this section; (3) after consultation with the National Committee on Vital and Health Statistics, establishing standards to assure the quality of health statistical and epidemiological data collection, processing, and analysis; (4) in the case of proposed health data collections of the Department which are required to be reviewed by the Director of the Office of Management and Budget under section 3509 (!2) of title 44, reviewing such proposed collections to determine whether they conform with the minimum sets of data and the standards promulgated pursuant to paragraphs (2) and (3), and if any such proposed collection is found not to be in conformance, by taking such action as may be necessary to assure that it will conform to such sets of data and standards, and (5) periodically reviewing ongoing health data collections of the Department, subject to review under such section 3509,(!2) to determine if the collections are being conducted in accordance with the minimum sets of data and the standards promulgated pursuant to paragraphs (2) and (3) and, if any such collection is found not to be in conformance, by taking such action as may be necessary to assure that the collection will conform to such sets of data and standards not later than the ninetieth day after the date of the completion of the review of the collection. (k) National Committee on Vital and Health Statistics; establishment; membership; term of office; compensation; functions; consultations of Secretary with Committee and professional advisory groups (1) There is established in the Office of the Secretary a committee to be known as the National Committee on Vital and Health Statistics (hereinafter in this subsection referred to as the "Committee") which shall consist of 18 members. (2) The members of the Committee shall be appointed from among persons who have distinguished themselves in the fields of health statistics, electronic interchange of health care information, privacy and security of electronic information, population-based public health, purchasing or financing health care services, integrated computerized health information systems, health services research, consumer interests in health information, health data standards, epidemiology, and the provision of health services. Members of the Committee shall be appointed for terms of 4 years. (3) Of the members of the Committee - (A) 1 shall be appointed, not later than 60 days after August 21, 1996, by the Speaker of the House of Representatives after consultation with the Minority Leader of the House of Representatives; (B) 1 shall be appointed, not later than 60 days after August 21, 1996, by the President pro tempore of the Senate after consultation with the Minority Leader of the Senate; and (C) 16 shall be appointed by the Secretary. (4) Members of the Committee shall be compensated in accordance with section 210(c) of this title. (5) The Committee - (A) shall assist and advise the Secretary - (i) to delineate statistical problems bearing on health and health services which are of national or international interest; (ii) to stimulate studies of such problems by other organizations and agencies whenever possible or to make investigations of such problems through subcommittees; (iii) to determine, approve, and revise the terms, definitions, classifications, and guidelines for assessing health status and health services, their distribution and costs, for use (I) within the Department of Health and Human Services, (II) by all programs administered or funded by the Secretary, including the Federal-State-local cooperative health statistics system referred to in subsection (e) of this section, and (III) to the extent possible as determined by the head of the agency involved, by the Department of Veterans Affairs, the Department of Defense, and other Federal agencies concerned with health and health services; (iv) with respect to the design of and approval of health statistical and health information systems concerned with the collection, processing, and tabulation of health statistics within the Department of Health and Human Services, with respect to the Cooperative Health Statistics System established under subsection (e) of this section, and with respect to the standardized means for the collection of health information and statistics to be established by the Secretary under subsection (j)(1) of this section; (v) to review and comment on findings and proposals developed by other organizations and agencies and to make recommendations for their adoption or implementation by local, State, national, or international agencies; (vi) to cooperate with national committees of other countries and with the World Health Organization and other national agencies in the studies of problems of mutual interest; (vii) to issue an annual report on the state of the Nation's health, its health services, their costs and distributions, and to make proposals for improvement of the Nation's health statistics and health information systems; and (viii) in complying with the requirements imposed on the Secretary under part C of title XI of the Social Security Act [42 U.S.C. 1320d et seq.]; (B) shall study the issues related to the adoption of uniform data standards for patient medical record information and the electronic exchange of such information; (C) shall report to the Secretary not later than 4 years after August 21, 1996, recommendations and legislative proposals for such standards and electronic exchange; and (D) shall be responsible generally for advising the Secretary and the Congress on the status of the implementation of part C of title XI of the Social Security Act [42 U.S.C. 1320d et seq.]. (6) In carrying out health statistical activities under this part, the Secretary shall consult with, and seek the advice of, the Committee and other appropriate professional advisory groups. (7) Not later than 1 year after August 21, 1996, and annually thereafter, the Committee shall submit to the Congress, and make public, a report regarding the implementation of part C of title XI of the Social Security Act [42 U.S.C. 1320d et seq.]. Such report shall address the following subjects, to the extent that the Committee determines appropriate: (A) The extent to which persons required to comply with part C of title XI of the Social Security Act are cooperating in implementing the standards adopted under such part. (B) The extent to which such entities are meeting the security standards adopted under such part and the types of penalties assessed for noncompliance with such standards. (C) Whether the Federal and State Governments are receiving information of sufficient quality to meet their responsibilities under such part. (D) Any problems that exist with respect to implementation of such part. (E) The extent to which timetables under such part are being met. (l) Data specific to particular ethnic and racial populations In carrying out this section, the Secretary, acting through the Center, shall collect and analyze adequate health data that is specific to particular ethnic and racial populations, including data collected under national health surveys. Activities carried out under this subsection shall be in addition to any activities carried out under subsection (m) of this section. (m) Grants for assembly and analysis of data on ethnic and racial populations (1) The Secretary, acting through the Center, may make grants to public and nonprofit private entities for - (A) the conduct of special surveys or studies on the health of ethnic and racial populations or subpopulations; (B) analysis of data on ethnic and racial populations and subpopulations; and (C) research on improving methods for developing statistics on ethnic and racial populations and subpopulations. (2) The Secretary, acting through the Center, may provide technical assistance, standards, and methodologies to grantees supported by this subsection in order to maximize the data quality and comparability with other studies. (3) Provisions of section 242m(d) of this title do not apply to surveys or studies conducted by grantees under this subsection unless the Secretary, in accordance with regulations the Secretary may issue, determines that such provisions are necessary for the conduct of the survey or study and receives adequate assurance that the grantee will enforce such provisions. (4)(A) Subject to subparagraph (B), the Secretary, acting through the Center, shall collect data on Hispanics and major Hispanic subpopulation groups and American Indians, and for developing special area population studies on major Asian American and Pacific Islander populations. (B) The provisions of subparagraph (A) shall be effective with respect to a fiscal year only to the extent that funds are appropriated pursuant to paragraph (3) of subsection (n) of this section, and only if the amounts appropriated for such fiscal year pursuant to each of paragraphs (1) and (2) of subsection (n) of this section equal or exceed the amounts so appropriated for fiscal year 1997. (n) Authorization of appropriations (1) For health statistical and epidemiological activities undertaken or supported under subsections (a) through (l) of this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 2003. (2) For activities authorized in paragraphs (1) through (3) of subsection (m) of this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1999 through 2003. Of such amounts, the Secretary shall use not more than 10 percent for administration and for activities described in subsection (m)(2) of this section. (3) For activities authorized in subsection (m)(4) of this section, there are authorized to be appropriated $1,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 306, as added Pub. L. 93- 353, title I, Sec. 105, July 23, 1974, 88 Stat. 365; amended Pub. L. 95-623, Secs. 5, 8(a), Nov. 9, 1978, 92 Stat. 3445, 3453; Pub. L. 97-35, title IX, Sec. 920, Aug. 13, 1981, 95 Stat. 566; Pub. L. 97-414, Sec. 8(b), Jan. 4, 1983, 96 Stat. 2060; Pub. L. 100-177, title I, Secs. 104, 105(a), Dec. 1, 1987, 101 Stat. 988; Pub. L. 101-239, title VI, Sec. 6103(e)(2), Dec. 19, 1989, 103 Stat. 2206; Pub. L. 101-527, Sec. 7(a), (b)(1), (c), Nov. 6, 1990, 104 Stat. 2327, 2328; Pub. L. 102-54, Sec. 13(q)(1)(A)(i), June 13, 1991, 105 Stat. 278; Pub. L. 103-183, title V, Sec. 501(a), (d), Dec. 14, 1993, 107 Stat. 2237, 2238; Pub. L. 104-191, title II, Sec. 263, Aug. 21, 1996, 110 Stat. 2031; Pub. L. 105-340, title II, Sec. 201, Oct. 31, 1998, 112 Stat. 3193; Pub. L. 105-392, title II, Sec. 201(b), Nov. 13, 1998, 112 Stat. 3585.) -REFTEXT- REFERENCES IN TEXT Section 3509 of title 44, referred to in subsec. (j)(4), (5), which required submission of certain plans and forms for collection of information to the Director of the Office of Management and Budget for approval, was omitted in the general amendment of chapter 35 of Title 44, Public Printing and Documents, by Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812. Pub. L. 104-13 subsequently enacted a new section 3509 of Title 44 relating to designation of a central collection agency. Provisions appearing in former section 3509 are contained in section 3507 of Title 44. The Social Security Act, referred to in subsec. (k)(5)(A)(viii), (D), (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part C of title XI of the Act is classified generally to part C (Sec. 1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -COD- CODIFICATION In subsec. (f), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -MISC1- PRIOR PROVISIONS Provisions similar to those comprising subsec. (g) of this section were contained in section 313 of act July 1, 1944, ch. 373, title III, 58 Stat. 693; Oct. 30, 1970, Pub. L. 91-516, title II, Sec. 282, 84 Stat. 1308 (formerly classified to section 245 of this title), prior to repeal by Pub. L. 93-353, Sec. 102(a). Provisions similar to those comprising subsec. (h) of this section were contained in section 312a of act July 1, 1944, ch. 373, title III, as added Aug. 31, 1954, ch. 1158, Sec. 2, 68 Stat. 1025 (formerly classified to section 244a of this title), prior to repeal by Pub. L. 93-353, Sec. 102(a). AMENDMENTS 1998 - Subsec. (m)(4). Pub. L. 105-392, Sec. 201(b)(1), added par. (4). Subsec. (n)(1). Pub. L. 105-340, Sec. 201(1), and Pub. L. 105- 392, Sec. 201(b)(2), amended par. (1) identically, substituting "2003" for "1998". Subsec. (n)(2). Pub. L. 105-392, Sec. 201(b)(3)(A), in first sentence, substituted "paragraphs (1) through (3) of subsection (m)" for "subsection (m)" and substituted "such sums as may be necessary for each of the fiscal years 1999 through 2003." for "$5,000,000 for fiscal year 1991, $7,500,000 for fiscal year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for each of the fiscal years 1994 through 2003." Pub. L. 105-340, Sec. 201(2), substituted "2003" for "1998". Subsec. (n)(3). Pub. L. 105-392, Sec. 201(b)(3)(B), added par. (3). 1996 - Subsec. (k)(1). Pub. L. 104-191, Sec. 263(1), substituted "18" for "16". Subsec. (k)(2). Pub. L. 104-191, Sec. 263(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The members of the Committee shall be appointed by the Secretary from among persons who have distinguished themselves in the fields of health statistics, health planning, epidemiology, and the provision of health services. Members of the Committee shall be appointed for terms of 4 years." Subsec. (k)(3), (4). Pub. L. 104-191, Sec. 263(3), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5). Subsec. (k)(5). Pub. L. 104-191, Sec. 263(4), amended par. (5) generally. Prior to amendment, par. (5) consisted of subpars. (A) to (G) relating to Committee functions in assisting and advising the Secretary. Pub. L. 104-191, Sec. 263(3), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (k)(6). Pub. L. 104-191, Sec. 263(3), redesignated par. (5) as (6). Subsec. (k)(7). Pub. L. 104-191, Sec. 263(5), added par. (7). 1993 - Subsec. (c). Pub. L. 103-183, Sec. 501(a)(1), substituted "Committee on Labor and Human Resources" for "Committee on Human Resources". Subsec. (g). Pub. L. 103-183, Sec. 501(a)(2), substituted "data" for "data which shall be published as a part of the health reports published by the Secretary". Subsec. (i). Pub. L. 103-183, Sec. 501(a)(3), struck out "engaged in health planning activities" after "entities". Subsec. (k)(2). Pub. L. 103-183, Sec. 501(a)(4), struck out subpar. (A) designation, substituted "Members" for "Except as provided in subparagraph (B), members", and struck out subpar. (B) which related to extensions of membership terms of members of National Committee on Vital and Health Statistics whose terms were to expire in calendar years 1988, 1989, and 1990. Subsec. (l). Pub. L. 103-183, Sec. 501(a)(5)(A)-(C), redesignated subsec. (m) as (l), substituted "subsection (m)" for "subsection (n)", and struck out former subsec. (l) which related to development of plan for collection and coordination of statistical and epidemiological data on effects of environment on health and establishment of guidelines for compilation, analysis, and distribution of statistics and information necessary for coordinated determination of effects of conditions of employment and indoor and outdoor environmental conditions on public health. Subsec. (m). Pub. L. 103-183, Sec. 501(a)(5)(B), redesignated subsec. (n) as (m). Former subsec. (m) redesignated (l). Subsecs. (n), (o). Pub. L. 103-183, Sec. 501(a)(5)(B), (D), (d), redesignated subsec. (o) as (n), in par. (1) substituted "(l)" for "(m)" and "1998" for "1993", and in par. (2) substituted "(m)" for "(n)", struck out "and" after "1992,", inserted ", and $10,000,000 for each of the fiscal years 1994 through 1998", and substituted "(m)(2)" for "(n)(2)". Former subsec. (n) redesignated (m). 1991 - Subsec. (k)(4)(C). Pub. L. 102-54 substituted "Department of Veterans Affairs" for "Veterans' Administration". 1990 - Subsec. (h). Pub. L. 101-527, Sec. 7(a), designated existing text as par. (1), inserted after second sentence "The Secretary shall encourage States and registration areas to obtain detailed data on ethnic and racial populations, including subpopulations of Hispanics, Asian Americans, and Pacific Islanders with significant representation in the State or registration area.", and added par. (2). Subsecs. (m) to (o). Pub. L. 101-527, Sec. 7(b)(1), (c), added subsecs. (m) and (n) and redesignated former subsec. (m) as (o) and amended it generally. Prior to amendment, subsec. (o) read as follows: "For health statistical and epidemiological activities undertaken or supported under this section, there are authorized to be appropriated $55,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989 and 1990." 1989 - Subsec. (a). Pub. L. 101-239, Sec. 6103(e)(2)(A), inserted at end "The Secretary, acting through the Center, shall conduct and support statistical and epidemiological activities for the purpose of improving the effectiveness, efficiency, and quality of health services in the United States." Subsec. (b). Pub. L. 101-239, Sec. 6103(e)(2)(B), substituted "subsection (a) of this section" for "section 242b(a) of this title". Subsec. (m). Pub. L. 101-239, Sec. 6103(e)(2)(C), added subsec. (m). 1987 - Subsec. (a). Pub. L. 100-177, Sec. 104, struck out "and supervised by the Assistant Secretary for Health (or such other officer of the Department as may be designated by the Secretary as the principal adviser to him for health programs)". Subsec. (k)(1). Pub. L. 100-177, Sec. 105(a)(1), substituted "16 members" for "fifteen members". Subsec. (k)(2)(A). Pub. L. 100-177, Sec. 105(a)(2), substituted "terms of 4 years" for "terms of three years". Subsec. (k)(2)(B). Pub. L. 100-177, Sec. 105(a)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: "Of the members first appointed - "(i) five shall be appointed for terms of one year, "(ii) five shall be appointed for terms of two years, and "(iii) five shall be appointed for terms of three years, as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office." 1983 - Subsec. (l)(2)(D). Pub. L. 97-414 redesignated subpar. (E) as (D) and struck out former subpar. (D) which provided that the Center would serve as a clearinghouse for statistics and information with respect to which guidelines had been established under subpar. (A). Subsec. (l)(2)(E) to (G). Pub. L. 97-414 redesignated subpars. (F) and (G) as (E) and (F), respectively. Former subpar. (E) redesignated (D). 1981 - Subsec. (a). Pub. L. 97-35, Sec. 920(d)(1), substituted "Health and Human Services" for "Health, Education, and Welfare". Subsec. (c). Pub. L. 97-35, Sec. 920(d)(2), substituted "Energy and" for "Interstate and Foreign". Subsec. (e). Pub. L. 97-35, Sec. 920(a), (d)(1), in par. (3) inserted applicability to other activities, and in par. (4) substituted "Health and Human Services" for "Health, Education, and Welfare". Subsecs. (j), (k)(4)(C), (D). Pub. L. 97-35, Sec. 920(d)(1), substituted "Health and Human Services" for "Health, Education, and Welfare". Subsec. (l)(2). Pub. L. 97-35, Sec. 920(b), (c), (d)(1), in subpar. (A) inserted reference to Office of Federal Statistical Policy and Standards, in subpar. (B)(v) substituted "Health and Human Services" for "Health, Education, and Welfare", and in subpar. (D) struck out provisions relating to assistance to executive departments. 1978 - Subsec. (b). Pub. L. 95-623, Sec. 5(a), struck out "may" after "through the Center,", substituted in pars. (1) and (2) "shall collect" and "shall undertake" for "collect" and "undertake", respectively, and added pars. (3) and (4) and provision for availability of certain appropriated funds from par. (4) payments until expended. Subsec. (c). Pub. L. 95-623, Sec. 5(b), substituted "statistical and epidemiological compilations" for "statistical compilations" in two places and "Committee on Human Resources" for "Committee on Labor and Public Welfare" of the Senate. Subsec. (e). Pub. L. 95-623, Sec. 5(c)(1), incorporated in introductory text prior cl. (1) provision requiring the Secretary to assist State and local health agencies and Federal agencies involved in health matters in the design and implementation of a cooperative system for producing comparable and uniform health information and statistics at the Federal, State, and local levels; enacted in pars. (1) and (2) provisions almost identical to prior cls. (2) and (3); enacted par. (3); struck out former cl. (4) provision for the Federal share of the data collection costs under the system; enacted in par. (4) provisions almost identical to former cl. (5); and required State designation of a State administrative agency to be responsible for the statistical activities within the State under the System and Federal guidelines for production of uniform and timely data and appropriate access to the data. Subsec. (f). Pub. L. 95-623, Sec. 5(d), substituted "the Secretary, acting through the Center, shall cooperate and consult" for "the Secretary shall cooperate and consult". Subsecs. (i), (j). Pub. L. 95-623, Sec. 5(f), added subsecs. (i) and (j). Former subsec. (i) redesignated (k). Subsec. (k). Pub. L. 95-623, Sec. 5(c)(2), (e), (f), struck from par. (1) "United States" before "National Committee on Vital and Health Statistics"; authorized in par. (2)(A) the appointment of Committee members from distinguished persons in field of health planning; required the Committee to assist and advise the Secretary with respect to the Cooperative Health Statistics System and the standardized means for the collection of health information and statistics to be established by the Secretary; and redesignated such amended subsec. (i) as (k). Subsec. (l). Pub. L. 95-623, Sec. 8(a), added subsec. (l). -CHANGE- CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. -MISC2- EFFECTIVE DATE OF 1990 AMENDMENT Section 12 of Pub. L. 101-527 provided that: "This Act and the amendments made by this Act [enacting sections 254c-1, 254t, 256a, 294bb, 294cc, and 300u-6 of this title, amending this section and sections 242m, 254b, 254c, 294m, 294o, and 295g-2 of this title, enacting provisions set out as notes under sections 201 and 300u-6 of this title, and repealing provisions set out as a note under section 292h of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 6, 1990], whichever occurs later." EFFECTIVE DATE OF 1987 AMENDMENT Section 105(b) of Pub. L. 100-177 provided that: "The amendments made by this section [amending this section] shall become effective on January 1, 1988." MONEY RECEIVED BY CENTER FROM REIMBURSEMENTS, INTERAGENCY AGREEMENTS, AND SALE OF DATA TAPES TO REMAIN AVAILABLE UNTIL EXPENDED Pub. L. 103-333, title II, Sept. 30, 1994, 108 Stat. 2550, provided in part: "That for fiscal year 1995 and subsequent fiscal years amounts received by the National Center for Health Statistics from reimbursements and interagency agreements and the sale of data tapes may be credited to this appropriation and shall remain available until expended". -FOOTNOTE- (!1) So in original. Probably should be capitalized. (!2) See References in Text note below. -End- -CITE- 42 USC Sec. 242l 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242l. International cooperation -STATUTE- (a) Cooperative endeavors The Secretary may participate with other countries in cooperative endeavors in - (1) biomedical research, health care technology, and the health services research and statistical analysis authorized under section 242k of this title and subchapter VII; and (2) biomedical research, health care services, health care research, or other related activities in furtherance of the activities, objectives or goals authorized under the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. (b) Authority of Secretary; building construction prohibition In connection with the cooperative endeavors authorized by subsection (a) of this section, the Secretary may - (1) make such use of resources offered by participating foreign countries as he may find necessary and appropriate; (2) establish and maintain fellowships in the United States and in participating foreign countries; (3) make grants to public institutions or agencies and to nonprofit private institutions or agencies in the United States and in participating foreign countries for the purpose of establishing and maintaining the fellowships authorized by paragraph (2); (4) make grants or loans of equipment and materials, for use by public or nonprofit private institutions or agencies, or by individuals, in participating foreign countries; (5) participate and otherwise cooperate in any international meetings, conferences, or other activities concerned with biomedical research, health services research, health statistics, or health care technology; (6) facilitate the interchange between the United States and participating foreign countries, and among participating foreign countries, of research scientists and experts who are engaged in experiments or programs of biomedical research, health services research, health statistical activities, or health care technology activities, and in carrying out such purpose may pay per diem compensation, subsistence, and travel for such scientists and experts when away from their places of residence at rates not to exceed those provided in section 5703(b) (!1) of title 5 for persons in the Government service employed intermittently; (7) procure, in accordance with section 3109 of title 5, the temporary or intermittent services of experts or consultants; (8) enter into contracts with individuals for the provision of services (as defined in section 104 of part 37 of title 48, Code of Federal Regulations (48 CFR 37.104)) in participating foreign countries, which individuals may not be deemed employees of the United States for the purpose of any law administered by the Office of Personnel Management; (9) provide such funds by advance or reimbursement to the Secretary of State, as may be necessary, to pay the costs of acquisition, lease, construction, alteration, equipping, furnishing or management of facilities outside of the United States; and (10) in consultation with the Secretary of State, through grant or cooperative agreement, make funds available to public or nonprofit private institutions or agencies in foreign countries in which the Secretary is participating in activities described under subsection (a) to acquire, lease, construct, alter, or renovate facilities in those countries. (c) Benefits for overseas assignees The Secretary may provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.). Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5 or section 903 of the Foreign Service Act of 1980 (22 U.S.C. 4083) to individuals serving in the Foreign Service. (d) Strategies to improve injection safety In carrying out immunization programs and other programs in developing countries for the prevention, treatment, and control of infectious diseases, including HIV/AIDS, tuberculosis, and malaria, the Director of the Centers for Disease Control and Prevention, in coordination with the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, the National Institutes of Health, national and local government, and other organizations, such as the World Health Organization and the United Nations Children's Fund, shall develop and implement effective strategies to improve injection safety, including eliminating unnecessary injections, promoting sterile injection practices and technologies, strengthening the procedures for proper needle and syringe disposal, and improving the education and information provided to the public and to health professionals. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 307, formerly Sec. 308, as added Pub. L. 86-610, Sec. 3, July 12, 1960, 74 Stat. 364; renumbered Sec. 307 and amended Pub. L. 93-353, title I, Sec. 106, July 23, 1974, 88 Stat. 367; Pub. L. 97-35, title IX, Sec. 921, Aug. 13, 1981, 95 Stat. 566; Pub. L. 101-239, title VI, Sec. 6103(e)(3), Dec. 19, 1989, 103 Stat. 2206; Pub. L. 102-531, title III, Sec. 310, Oct. 27, 1992, 106 Stat. 3503; Pub. L. 103-183, title VII, Sec. 702, Dec. 14, 1993, 107 Stat. 2239; Pub. L. 108-25, title III, Sec. 306, May 27, 2003, 117 Stat. 739; Pub. L. 110-293, title II, Sec. 205, July 30, 2008, 122 Stat. 2943.) -REFTEXT- REFERENCES IN TEXT The Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, referred to in subsec. (a)(2), is Pub. L. 110-293, July 30, 2008, 122 Stat. 2918. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 7601 of Title 22, Foreign Relations and Intercourse, and Tables. Section 5703 of title 5, referred to in subsec. (b)(6), was amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). The Foreign Service Act of 1980, referred to in subsec. (c), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071. Chapter 9 of title I of the Act is classified generally to subchapter IX (Sec. 4081 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables. -COD- CODIFICATION Section was formerly classified to section 242f of this title. -MISC1- PRIOR PROVISIONS A prior section 307 of act July 1, 1944, was classified to section 242e of this title, prior to repeal by Pub. L. 93-353, title I, Sec. 102(a), July 23, 1974, 88 Stat. 362. AMENDMENTS 2008 - Subsec. (a). Pub. L. 110-293, Sec. 205(1), amended subsec. (a) generally. Prior to amendment, text read as follows: "For the purpose of advancing the status of the health sciences in the United States (and thereby the health of the American people), the Secretary may participate with other countries in cooperative endeavors in biomedical research, health care technology, and the health services research and statistical activities authorized by section 242k of this title and by subchapter VII of this chapter." Subsec. (b). Pub. L. 110-293, Sec. 205(2)(B), struck out concluding provisions which read as follows: "The Secretary may not, in the exercise of his authority under this section, provide financial assistance for the construction of any facility in any foreign country." Subsec. (b)(8). Pub. L. 110-293, Sec. 205(2)(C), substituted "for the purpose of any law administered by the Office of Personnel Management;" for "for any purpose." Subsec. (b)(9), (10). Pub. L. 110-293, Sec. 205(2)(A), (D), added pars. (9) and (10). Subsec. (c). Pub. L. 110-293, Sec. 205(3), substituted "1980" for "1990" and inserted "or section 903 of the Foreign Service Act of 1980 (22 U.S.C. 4083)" after "title 5". 2003 - Subsec. (d). Pub. L. 108-25 added subsec. (d). 1993 - Subsec. (c). Pub. L. 103-183 added subsec. (c). 1992 - Subsec. (b)(8). Pub. L. 102-531, which directed amendment of subsec. (b) by adding par. (8) at the end thereof, was executed by adding par. (8) after par. (7) to reflect the probable intent of Congress. 1989 - Subsec. (a). Pub. L. 101-239 substituted "section 242k of this title and by subchapter VII of this chapter" for "sections 242b, 242c, 242k, and 242n of this title". 1981 - Subsec. (a). Pub. L. 97-35, Sec. 921(a), inserted reference to health care technology and section 242n of this title. Subsec. (b). Pub. L. 97-35, Sec. 921(b), in par. (5) inserted reference to health care technology, and in par. (6) inserted reference to health care technology activities. 1974 - Pub. L. 93-353 amended section generally. INTERNATIONAL HEALTH STUDY Pub. L. 95-83, title III, Sec. 315, Aug. 1, 1977, 91 Stat. 398, provided that the Secretary of Health, Education, and Welfare arrange through the National Academy of Sciences or other nonprofit private groups or associations, for a study to determine opportunities for broadened Federal program activities in areas of international health, which study was to consider biomedical and behavioral research, health services research, health professions education, immunization and public health activities, and other areas that might improve our and other nations' capacities to prevent, diagnose, control, or cure disease, and to organize and deliver effective and efficient health services, with an interim report on such study completed no later than Oct. 1, 1977 and a final report completed no later than Jan. 1, 1978 and both reports submitted to the Secretary, the Committee on Human Resources of the Senate, and the Committee on Interstate and Foreign Commerce of the House of Representatives. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 242m 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242m. General provisions respecting effectiveness, efficiency, and quality of health services -STATUTE- (a) Reports to Congress and President; preparation; review by Office of Management and Budget (1) Not later than March 15 of each year, the Secretary shall submit to the President and Congress the following reports: (A) A report on health care costs and financing. Such report shall include a description and analysis of the statistics collected under section 242k(b)(1)(G) of this title. (B) A report on health resources. Such report shall include a description and analysis, by geographical area, of the statistics collected under section 242k(b)(1)(E) of this title. (C) A report on the utilization of health resources. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under section 242k(b)(1)(F) of this title. (D) A report on the health of the Nation's people. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under section 242k(b)(1)(A) of this title. (2) The reports required in paragraph (1) shall be prepared through the National Center for Health Statistics. (3) The Office of Management and Budget may review any report required by paragraph (1) of this subsection before its submission to Congress, but the Office may not revise any such report or delay its submission beyond the date prescribed for its submission, and may submit to Congress its comments respecting any such report. (b) Grants or contracts; applications, submittal; application peer review group, findings and recommendations; necessity of favorable recommendation; appointments (1) No grant or contract may be made under section 242b, 242k, or 242l of this title unless an application therefor has been submitted to the Secretary in such form and manner, and containing such information, as the Secretary may by regulation prescribe and unless a peer review group referred to in paragraph (2) has recommended the application for approval. (2)(A) Each application submitted for a grant or contract under section 242k of this title in an amount exceeding $50,000 of direct costs and for a health services research, evaluation, or demonstration project, or for a grant under section 242k(m) of this title, shall be submitted to a peer review group for an evaluation of the technical and scientific merits of the proposals made in each such application. The Director of the National Center for Health Statistics shall establish such peer review groups as may be necessary to provide for such an evaluation of each such application. (B) A peer review group to which an application is submitted pursuant to subparagraph (A) shall report its finding and recommendations respecting the application to the Secretary, acting through the Director of the National Center for Health Statistics, in such form and manner as the Secretary shall by regulation prescribe. The Secretary may not approve an application described in such subparagraph unless a peer review group has recommended the application for approval. (C) The Secretary, acting through the Director of the National Center for Health Statistics, shall make appointments to the peer review groups required in subparagraph (A) from among persons who are not officers or employees of the United States and who possess appropriate technical and scientific qualifications, except that peer review groups regarding grants under section 242k(m) of this title may include appropriately qualified such officers and employees. (c) Development and dissemination of statistics The Secretary shall take such action as may be necessary to assure that statistics developed under sections 242b and 242k of this title are of high quality, timely, comprehensive as well as specific, standardized, and adequately analyzed and indexed, and shall publish, make available, and disseminate such statistics on as wide a basis as is practicable. (d) Information; publication restrictions No information, if an establishment or person supplying the information or described in it is identifiable, obtained in the course of activities undertaken or supported under section 242b, 242k, or 242l of this title may be used for any purpose other than the purpose for which it was supplied unless such establishment or person has consented (as determined under regulations of the Secretary) to its use for such other purpose; and in the case of information obtained in the course of health statistical or epidemiological activities under section 242b or 242k of this title, such information may not be published or released in other form if the particular establishment or person supplying the information or described in it is identifiable unless such establishment or person has consented (as determined under regulations of the Secretary) to its publication or release in other form. (e) Payment procedures; advances or reimbursement; installments; conditions; reductions (1) Payments of any grant or under any contract under section 242b, 242k, or 242l of this title may be made in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary deems necessary to carry out the purposes of such section. (2) The amounts otherwise payable to any person under a grant or contract made under section 242b, 242k, or 242l of this title shall be reduced by - (A) amounts equal to the fair market value of any equipment or supplies furnished to such person by the Secretary for the purpose of carrying out the project with respect to which such grant or contract is made, and (B) amounts equal to the pay, allowances, traveling expenses, and related personnel expenses attributable to the performance of services by an officer or employee of the Government in connection with such project, if such officer or employee was assigned or detailed by the Secretary to perform such services, but only if such person requested the Secretary to furnish such equipment or supplies, or such services, as the case may be. (f) Contracts without regard to section 3324 of title 31 and section 6101 of title 41 Contracts may be entered into under section 242b or 242k of this title without regard to section 3324 of title 31 and section 6101 of title 41. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 308, as added Pub. L. 93- 353, title I, Sec. 107(a), July 23, 1974, 88 Stat. 368; amended Pub. L. 94-273, Sec. 7(2), Apr. 21, 1976, 90 Stat. 378; Pub. L. 95- 83, title I, Sec. 104, Aug. 1, 1977, 91 Stat. 384; Pub. L. 95-623, Secs. 2, 6(d), 8(b), Nov. 9, 1978, 92 Stat. 3443, 3451, 3455; Pub. L. 97-35, title IX, Secs. 917(a), (b), 919(a)(2)(B), 922, Aug. 13, 1981, 95 Stat. 564, 565, 567; Pub. L. 97-414, Sec. 8(c), Jan. 4, 1983, 96 Stat. 2060; Pub. L. 98-551, Sec. 7, Oct. 30, 1984, 98 Stat. 2820; Pub. L. 100-177, title I, Secs. 106(a), 107, 108, Dec. 1, 1987, 101 Stat. 988-990; Pub. L. 100-690, title II, Sec. 2612, Nov. 18, 1988, 102 Stat. 4235; Pub. L. 101-239, title VI, Sec. 6103(e)(4), Dec. 19, 1989, 103 Stat. 2206; Pub. L. 101-527, Sec. 7(b)(2), (d), Nov. 6, 1990, 104 Stat. 2328; Pub. L. 103-183, title V, Sec. 501(c), Dec. 14, 1993, 107 Stat. 2237; Pub. L. 105-392, title IV, Sec. 401(d), Nov. 13, 1998, 112 Stat. 3587.) -COD- CODIFICATION In subsec. (f), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -MISC1- PRIOR PROVISIONS Provisions similar to those comprising subsec. (e) of this section were contained in subsec. (a)(3) of section 304 of act July 1, 1944, ch. 373, title III, as added July 28, 1955, ch. 417, Sec. 3, 69 Stat. 382, and amended (formerly classified to section 242b(a)(3) of this title), prior to general amendment of section 304 by Pub. L. 93-353, Sec. 103. AMENDMENTS 1998 - Subsec. (b)(2)(A), (C). Pub. L. 105-392 substituted "242k(m)" for "242k(n)". 1993 - Subsec. (a)(1). Pub. L. 103-183, Sec. 501(c)(1)(A), redesignated subpars. (B) to (E) as (A) to (D), respectively, and struck out former subpar. (A) which read as follows: "A report on - "(i) the administration of sections 242b, 242k, and 242l of this title and subchapter VII of this chapter during the preceding fiscal year; and "(ii) the current state and progress of health services research, health statistics, and health care technology." Subsec. (a)(2). Pub. L. 103-183, Sec. 501(c)(1)(B), substituted "reports required in paragraph (1) shall be prepared through the National Center" for "reports required by subparagraphs (B) through (E) of paragraph (2) shall be prepared through the Agency for Health Care Policy and Research and the National Center". Subsec. (c). Pub. L. 103-183, Sec. 501(c)(2)(A)-(D), (3), redesignated subsec. (g)(2) as subsec. (c), substituted "shall take" for "shall (A) take" and "and shall publish" for "and (B) publish", and struck out former subsec. (c) which read as follows: "The aggregate number of grants and contracts made or entered into under sections 242b and 242c of this title for any fiscal year respecting a particular means of delivery of health services or another particular aspect of health services may not exceed twenty; and the aggregate amount of funds obligated under grants and contracts under such sections for any fiscal year respecting a particular means of delivery of health services or another particular aspect of health services may not exceed $5,000,000." Subsec. (f). Pub. L. 103-183, Sec. 501(c)(4), substituted "section 3324 of title 31 and section 5 of title 41" for "sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)". Subsec. (g). Pub. L. 103-183, Sec. 501(c)(2)(B), (C), (E), redesignated par. (2) as subsec. (c) and struck out par. (1) which read as follows: "The Secretary shall - "(A) publish, make available and disseminate, promptly in understandable form and on as broad a basis as practicable, the results of health services research, demonstrations, and evaluations undertaken and supported under sections 242b and 242c of this title; "(B) make available to the public data developed in such research, demonstrations, and evaluations; and "(C) provide indexing, abstracting, translating, publishing, and other services leading to a more effective and timely dissemination of information on health services research, demonstrations, and evaluations in health care delivery to public and private entities and individuals engaged in the improvement of health care delivery and the general public; and undertake programs to develop new or improved methods for making such information available." Subsec. (h). Pub. L. 103-183, Sec. 501(c)(5), struck out subsec. (h) which read as follows: "(1) Except where the Secretary determines that unusual circumstances make a larger percentage necessary in order to effectuate the purposes of section 242k of this title, a grant or contract under any of such sections of this title with respect to any project for construction of a facility or for acquisition of equipment may not provide for payment of more than 50 per centum of so much of the cost of the facility or equipment as the Secretary determines is reasonably attributable to research, evaluation, or demonstration purposes. "(2) Laborers and mechanics employed by contractors and subcontractors in the construction of such a facility shall be paid wages at rates not less than those prevailing on similar work in the locality, as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 267a - 267a-5, known as the Davis-Bacon Act); and the Secretary of Labor shall have with respect to any labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. Appendix) and section 276c of title 40. "(3) Such grants and contracts shall be subject to such additional requirements as the Secretary may by regulation prescribe." 1990 - Subsec. (b)(2)(A). Pub. L. 101-527, Sec. 7(b)(2)(A), inserted "or for a grant under section 242k(n) of this title," after "demonstration project,". Subsec. (b)(2)(C). Pub. L. 101-527, Sec. 7(b)(2)(B), inserted before period at end ", except that peer review groups regarding grants under section 242k(n) of this title may include appropriately qualified such officers and employees". Subsec. (b)(3). Pub. L. 101-527, Sec. 7(d), struck out par. (3) which related to applications submitted under section 242k of this title for which a grant or contract may be made under another provision of this chapter. 1989 - Pub. L. 101-239, Sec. 6103(e)(4)(A), amended section catchline. Subsec. (a)(1)(A)(i). Pub. L. 101-239, Sec. 6103(e)(4)(B)(i), substituted "sections 242b, 242k, and 242l of this title and subchapter VII of this chapter" for "sections 242b, 242c, 242k, and 242l of this title and section 242n of this title". Subsec. (a)(2). Pub. L. 101-239, Sec. 6103(e)(4)(B)(ii), substituted "the Agency for Health Care Policy and Research" for "the National Center for Health Services Research and Health Care Technology Assessment". Subsec. (b)(1). Pub. L. 101-239, Sec. 6103(e)(4)(C)(i), which directed amendment of par. (1) by substituting "section 242b, 242k, or 242l of this title" for "sections 242b, 242c, 242k, 242l, and 242n of this title", was executed by making the substitution for "section 242b, 242c, 242k, 242l, or 242n of this title" as the probable intent of Congress. Subsec. (b)(2)(A). Pub. L. 101-239, Sec. 6103(e)(4)(C)(ii), substituted "under section 242k of this title" for "under section 242b or 242c of this title," in first sentence, struck out second sentence which read as follows: "Each application for a grant, contract, or cooperative agreement in an amount exceeding $50,000 of direct costs for the dissemination of research findings or the development of research agendas (including conferences, workshops, and meetings) shall be submitted to a standing peer review group with persons with appropriate expertise and shall not be submitted to any peer review group established to review applications for research, evaluation, or demonstration projects.", and amended last sentence generally. Prior to amendment, last sentence read as follows: "The Secretary, acting through the Director of the National Center for Health Services Research and Health Care Technology Assessment (or, as appropriate, through the Director of the National Center for Health Statistics), shall establish such peer review groups as may be necessary to provide for such an evaluation of an application described in the first two sentences of this subparagraph." Subsec. (b)(2)(B). Pub. L. 101-239, Sec. 6103(e)(4)(C)(iii), substituted "the Director of the National Center for Health Statistics" for "the Director involved". Subsec. (b)(2)(C). Pub. L. 101-239, Sec. 6103(e)(4)(C)(iv), substituted "the Director of the National Center for Health Statistics" for "the Directors". Subsec. (b)(3). Pub. L. 101-239, Sec. 6103(e)(4)(C)(v), substituted "submitted under section 242k of this title" for "submitted under section 242b, 242c, or 242k of this title" and "approved under any of such sections" for "approved under section 242b, 242c, or 242k of this title". Subsec. (d). Pub. L. 101-239, Sec. 6103(e)(4)(D), substituted "section 242b, 242k, or 242l of this title" for "section 242b, 242c, 242k, 242l, or 242n of this title", struck out "(1)" after "for such other purpose; and", and substituted "publication or release in other form." for "publication or release in other form, and (2) in the case of information obtained in the course of health services research, evaluations, or demonstrations under section 242b or 242c of this title or in the course of health care technology activities under section 242n of this title, such information may not be published or released in other form if the person who supplied the information or who is described in it is identifiable unless such person has consented (as determined under regulations of the Secretary) to its publication or release in other form." Subsec. (e)(1), (2). Pub. L. 101-239, Sec. 6103(e)(4)(E), substituted "section 242b, 242k, or 242l of this title" for "section 242b, 242c, 242k, 242l, or 242n of this title". Subsec. (f). Pub. L. 101-239, Sec. 6103(e)(4)(F), substituted "section 242b or 242k of this title" for "section 242b, 242c, 242k, or 242n of this title". Subsec. (g)(1). Pub. L. 101-239, Sec. 6103(e)(4)(G)(i), struck out at end "Except as provided in subsection (d) of this section, the Secretary may not restrict the publication and dissemination of data from, and results of projects undertaken by, centers supported under section 242c(d) of this title." Subsec. (g)(2). Pub. L. 101-239, Sec. 6103(e)(4)(G)(ii), substituted "sections 242b and 242k of this title" for "sections 242b, 242c, 242k, and 242n of this title". Subsec. (h)(1). Pub. L. 101-239, Sec. 6103(e)(4)(H), substituted "effectuate the purposes of section 242k of this title" for "effectuate the purposes of section 242b, 242c, 242k, or 242n of this title" and "contract under any of such sections" for "contract under section 242b, 242c, 242k, or 242n of this title". Subsec. (i). Pub. L. 101-239, Sec. 6103(e)(4)(I), struck out subsec. (i) which authorized appropriations for carrying out certain programs under sections 242b, 242c, 242k, and 242n of this title during fiscal years 1988 to 1990. 1988 - Subsec. (b)(2)(A). Pub. L. 100-690 inserted after first sentence "Each application for a grant, contract, or cooperative agreement in an amount exceeding $50,000 of direct costs for the dissemination of research findings or the development of research agendas (including conferences, workshops, and meetings) shall be submitted to a standing peer review group with persons with appropriate expertise and shall not be submitted to any peer review group established to review applications for research, evaluation, or demonstration projects." and substituted "an application described in the first two sentences of this subparagraph" for "each such application" in last sentence. 1987 - Subsec. (a)(1), (2). Pub. L. 100-177, Sec. 106(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: "(1) Not later than December 1 of each year, the Secretary shall make a report to Congress respecting (A) the administration of sections 242b, 242c, 242k, and 242l and section 242n of this title during the preceding fiscal year, and (B) the current state and progress of health services research and, health statistics, and health care technology. "(2) The Secretary, acting through the National Center for Health Services Research and the National Center for Health Statistics, shall assemble and submit to the President and the Congress not later than December 1 of each year the following reports: "(A) A report on health care costs and financing. Such report shall include a description and analysis of the statistics collected under section 242k(b)(1)(G) of this title. "(B) A report on health resources. Such report shall include a description and analysis, by geographic area, of the statistics collected under section 242k(b)(1)(E) of this title. "(C) A report on the utilization of health resources. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under section 242k(b)(1)(F) of this title. "(D) A report on the health of the Nation's people. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under section 242k(b)(1)(A) of this title." Subsec. (a)(3). Pub. L. 100-177, Sec. 106(a)(2), struck out "or (2)" after "paragraph (1)". Subsec. (b)(1). Pub. L. 100-177, Sec. 107(1), inserted "and unless a peer review group referred to in paragraph (2) has recommended the application for approval" before period at end. Subsec. (b)(2). Pub. L. 100-177, Sec. 107(2), added par. (2) and struck out former par. (2) which read as follows: "Each application submitted for a grant or contract under section 242b or 242c of this title, in an amount exceeding $50,000 of direct costs and for a health services research, evaluation, or demonstration project, shall be submitted by the Secretary for review for scientific merit to a panel of experts appointed by him from persons who are not officers or employees of the United States and who possess qualifications relevant to the project for which the application was made. A panel to which an application is submitted under this paragraph shall report its findings and recommendations respecting the application to the Secretary in such form and manner as the Secretary shall by regulation prescribe." Subsec. (i). Pub. L. 100-177, Sec. 108, amended subsec. (i) generally, substituting provisions authorizing appropriations for fiscal years 1988 to 1990 for carrying out activities under sections 242b, 242c, 242k, and 242n of this title for former provisions authorizing appropriations for fiscal years 1975 to 1987 for carrying out activities under those sections. 1984 - Subsec. (i)(1). Pub. L. 98-551, Sec. 7(a), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1985, 1986, and 1987, inserted "and Health Care Technology Assessment" after "Research", substituted "and at least 10 per centum of such amount or $1,500,000, whichever is less, shall be available only for the user liaison program and the technical assistance program referred to in section 242c(c)(2) of this title and for dissemination activities directly undertaken through such Center" for "and at least 5 per centum of such amount or $1,000,000, whichever is less, shall be available only for dissemination activities directly undertaken through such Center", inserted "For health care technology assessment activities undertaken under subsections (b)(5), (e), (f), and (g) of section 242c of this title the Secretary shall obligate from funds appropriated under this paragraph not less than $3,000,000 for the fiscal year ending September 30, 1985, $3,500,000 for the fiscal year ending September 30, 1986, and $4,000,000 for the fiscal year ending September 30, 1987. For grants under section 242n of this title the Secretary shall obligate from funds appropriated under this paragraph not less than $500,000 for the fiscal year ending September 30, 1985, $750,000 for the fiscal year ending September 30, 1986, and $750,000 for the fiscal year ending September 30, 1987.", and in last sentence substituted "for any fiscal year" for "for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984,". Subsec. (i)(2). Pub. L. 98-551, Sec. 7(b), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1985, 1986, and 1987. 1983 - Subsec. (d). Pub. L. 97-414 inserted ", if an establishment or person supplying the information or described in it is identifiable," after "No information", and substituted "such establishment or person has consented (as determined under regulations of the Secretary) to its use for such other purpose" for "authorized by guidelines in effect under section 242k(l)(2) of this title or under regulations of the Secretary". 1981 - Subsec. (a)(2). Pub. L. 97-35, Sec. 922(a), substituted "December" for "September", which change had already been made by Pub. L. 94-273. Subsec. (b)(2). Pub. L. 97-35, Sec. 922(b), substituted "$50,000" for "$35,000". Subsec. (d)(2). Pub. L. 97-35, Sec. 922(c), inserted applicability to health care technology activities under section 242n of this title. Subsec. (i)(1). Pub. L. 97-35, Secs. 917(a), 919(a)(2)(B), inserted provisions respecting amounts of and limitations on uses for appropriations for the fiscal years ending Sept. 30, 1982, 1983, and 1984. Subsec. (i)(2). Pub. L. 97-35, Sec. 917(b), inserted provisions respecting appropriations for the fiscal years ending Sept. 30, 1982, 1983, and 1984. 1978 - Subsec. (a)(1). Pub. L. 95-623, Sec. 6(d)(1), required the report to cover the administration of section 242n of this title and the current state and progress of health care technology. Subsec. (b)(1). Pub. L. 95-623, Sec. 6(d)(2), inserted reference to grant or contract under section 242n of this title. Subsec. (d). Pub. L. 95-623, Secs. 6(d)(3), 8(b), inserted reference to section 242n of this title and substituted in cl. (1) "statistical or epidemiological activities" for "statistical activities"; and authorized use of information for purposes other than for which supplied when authorized by guidelines in effect under section 242k(l)(2) of this title. Subsecs. (e), (f), (g)(2), (h)(1). Pub. L. 95-623, Sec. 6(d)(4)- (7), inserted references to section 242n of this title. Subsec. (i)(1). Pub. L. 95-623, Sec. 2(a), authorized appropriation of $35,000,000; $40,000,000; and $45,000,000 for fiscal years ending Sept. 30, 1979, through 1981, and substituted minimum amounts of the lesser of 20 per centum of appropriated funds or $6,000,000 for health services research, evaluation and demonstration activities of the National Center for Health Services Research and 5 per centum of such funds or $1,000,000 for dissemination activities of such Center for prior similar requirement of 25 per centum of appropriated funds for the applicable fiscal years for health services research, evaluation, and demonstration activities of the Secretary. Subsec. (i)(2). Pub. L. 95-623, Sec. 2(b), authorized appropriation of $50,000,000; $65,000,000; and $70,000,000 for fiscal years ending Sept. 30, 1979, through 1981. 1977 - Subsec. (i)(1). Pub. L. 95-83, Sec. 104(a), authorized appropriation of $28,600,000 for fiscal year ending Sept. 30, 1978. Subsec. (i)(2). Pub. L. 95-83, Sec. 104(b), authorized appropriation of $33,600,000 for fiscal year ending Sept. 30, 1978. 1976 - Subsec. (a). Pub. L. 94-273 substituted "December" for "September" wherever appearing. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-392, title IV, Sec. 401(e), Nov. 13, 1998, 112 Stat. 3587, provided that: "This section [amending this section and sections 247b-5, 247b-6, 247c, 285f-2, 300d-1 to 300d-3, 300d-13, 300d-32, 300k, and 300n-1 of this title] is deemed to have taken effect immediately after the enactment of Public Law 103-183 [Dec. 14, 1993]." EFFECTIVE DATE OF 1988 AMENDMENT Section 2600 of Pub. L. 100-690 provided that: "Except as provided in section 2613(b)(1) [42 U.S.C. 285m note], the amendments made by this subtitle [subtitle G (Secs. 2600-2641) of title II of Pub. L. 100-690, enacting sections 285m-4 to 285m-6 of this title, amending this section, sections 242c, 281, 284, 284c, 285j, 285m, 285m-1 to 285m-6, 286, 289f, 290cc-28, 290cc-36, 292h, 294a, 295g-4, 295g-7, 295g-8b, 295h, 295h-5, 295j, 297j, 297n, 300cc-3, 300cc-13, 300cc-17, 300cc-20, 300cc-31, 300dd-1, 300dd-3, 300dd-8, 300dd-10, 300dd-12 to 300dd-14, 300dd-21, 300dd-32, 300ee, 300ee-2, 300ee-5, 300ee-12, 300ee-13, 300ee-15 to 300ee-18, 300ee- 20, 300ee-22, 300ee-34, 300ff-48, and 300aaa to 300aaa-13 of this title, and section 393 of Title 21, Food and Drugs, enacting provisions set out as notes under section 285m of this title, amending provisions set out as notes under sections 201, 292h, 300cc, 300ee-1, and 300ff-48 of this title, and repealing provisions set out as a note under section 285m of this title] shall take effect immediately after the enactment of the Health Omnibus Programs Extension of 1988 [Nov. 4, 1988]." EFFECTIVE DATE OF 1987 AMENDMENT Section 106(c) of Pub. L. 100-177 provided that: "The amendments made by subsections (a) and (b) [amending this section and section 242p of this title] shall apply to reports and profiles required to be submitted after November 1, 1987." MINE WORKERS STUDY; REPORT COMPLETED AND SUBMITTED NO LATER THAN 30 MONTHS AFTER NOVEMBER 9, 1978 Section 10 of Pub. L. 95-623, as amended by S. Res. 30, Mar. 7, 1979; H. Res. 549, Mar. 25, 1980, required the Secretary, acting through the National Center for Health Services Research, to arrange for the conduct of a study to evaluate the impact upon the utilization of health services by and the health status of members of the United Mine Workers and their dependents as a result of changes in the United Mine Workers' collective-bargaining agreements of Mar. 1978 with a report to be submitted to the Secretary and specific committees of the Senate and House of Representatives within 30 months after Nov. 9, 1978. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30, 1977 Section 107(b) of Pub. L. 93-353 provided that: "The authorizations of appropriations provided by section 308(i) of the Public Health Service Act [subsec. (i) of this section] is extended for the fiscal year ending June 30, 1977, in the amounts authorized for the preceding fiscal year unless before June 30, 1976, Congress has passed legislation repealing this subsection." -End- -CITE- 42 USC Sec. 242n 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242n. Repealed. -MISC1- Sec. 242n. Repealed. Pub. L. 101-239, title VI, Sec. 6103(d)(1)(B), Dec. 19, 1989, 103 Stat. 2205. Section, act July 1, 1944, ch. 373, title III, Sec. 309, as added Nov. 9, 1978, Pub. L. 95-623, Sec. 6(c), 92 Stat. 3447; amended July 10, 1979, Pub. L. 96-32, Sec. 5(d), 93 Stat. 83; Aug. 13, 1981, Pub. L. 97-35, title IX, Secs. 917(c), 923, 95 Stat. 565, 567; Oct. 30, 1984, Pub. L. 98-551, Sec. 8, 98 Stat. 2820; Oct. 7, 1985, Pub. L. 99-117, Sec. 8(a), 99 Stat. 493; Dec. 1, 1987, Pub. L. 100-177, title I, Sec. 109, 101 Stat. 990, related to grants for a council on health care technology. TERMINATION OF COUNCIL ON HEALTH CARE TECHNOLOGY Section 6103(d)(1)(B) of Pub. L. 101-239 provided in part that the council on health care technology established under this section is terminated. TRANSITIONAL AND SAVINGS PROVISIONS FOR PUB. L. 101-239 For provision transferring personnel of Department of Health and Human Services employed on Dec. 19, 1989, in connection with functions vested in Administrator for Health Care Policy and Research pursuant to amendments made by section 6103 of Pub. L. 101- 239, and assets, liabilities, etc., of Department arising from or employed, held, used, or available on that date, or to be made available after that date, in connection with those functions, to Administrator for appropriate allocation, and for provisions for continued effectiveness of actions, orders, rules, official documents, etc., of Department that have been issued, made, granted, or allowed to become effective in performance of those functions, and that were effective on Dec. 19, 1989, see section 6103(f) of Pub. L. 101-239, set out as a note under section 299 of this title. -End- -CITE- 42 USC Sec. 242o 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242o. Health conferences; publication of health educational information -STATUTE- (a) A conference of the health authorities in and among the several States shall be called annually by the Secretary. Whenever in his opinion the interests of the public health would be promoted by a conference, the Secretary may invite as many of such health authorities and officials of other State or local public or private agencies, institutions, or organizations to confer as he deems necessary or proper. Upon the application of health authorities of five or more States it shall be the duty of the Secretary to call a conference of all State health authorities joining in the request. Each State represented at any conference shall be entitled to a single vote. Whenever at any such conference matters relating to mental health are to be discussed, the mental health authorities of the respective States shall be invited to attend. (b) From time to time the Secretary shall issue information related to public health, in the form of publications or otherwise, for the use of the public, and shall publish weekly reports of health conditions in the United States and other countries and other pertinent health information for the use of persons and institutions concerned with health services. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 310, formerly Secs. 309, 310, as added Pub. L. 93-353, title I, Sec. 107(a), July 23, 1974, 88 Stat. 371; renumbered Sec. 310, Pub. L. 95-623, Sec. 6(a), (b), Nov. 9, 1978, 92 Stat. 3447.) -COD- CODIFICATION Subsec. (a) of this section consists of former section 309 of act July 1, 1944, prior to the renumbering of that section as section 310(a) by Pub. L. 95-623. Subsec. (b) of this section consists of former section 310 of act July 1, 1944, prior to the renumbering of that section as section 310(b) by Pub. L. 95-623. -MISC1- PRIOR PROVISIONS A prior section 310 of act July 1, 1944, was renumbered section 329, and was classified to section 254b of this title prior to the general amendment of subpart I (Sec. 254b et seq.) of part D of this subchapter by Pub. L. 104-299. Provisions similar to those comprising subsec. (a) of this section were contained in section 312 of act July 1, 1944, ch. 373, title III, 58 Stat. 693, as amended (formerly classified to section 244 of this title), prior to repeal by Pub. L. 93-353, Sec. 102(a). Provisions similar to those comprising subsec. (b) of this section were contained in section 315 of act July 1, 1944, ch. 373, title III, 58 Stat. 695; Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 282, 84 Stat. 1308 (formerly classified to section 247 of this title), prior to repeal by Pub. L. 93-353, Sec. 102(a). -End- -CITE- 42 USC Sec. 242p 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242p. National disease prevention data profile -STATUTE- (a) The Secretary, acting through the National Center for Health Statistics, shall submit to Congress on March 15, 1990, and on March 15 of every third year thereafter, a national disease prevention data profile in order to provide a data base for the effective implementation of this Act and to increase public awareness of the prevalence, incidence, and any trends in the preventable causes of death and disability in the United States. Such profile shall include at a minimum - (1) mortality rates for preventable diseases; (2) morbidity rates associated with preventable diseases; (3) the physical determinants of health of the population of the United States and the relationship between these determinants of health and the incidence and prevalence of preventable causes of death and disability; and (4) the behavioral determinants of health of the population of the United States including, but not limited to, smoking, nutritional and dietary habits, exercise, and alcohol consumption, and the relationship between these determinants of health and the incidence and prevalence of preventable causes of death and disability. (b) In preparing the profile required by subsection (a) of this section, the Secretary, acting through the National Center for Health Statistics, shall comply with all relevant provisions of sections 242k and 242m of this title. -SOURCE- (Pub. L. 95-626, title IV, Sec. 404, Nov. 10, 1978, 92 Stat. 3591; Pub. L. 100-177, title I, Sec. 106(b), Dec. 1, 1987, 101 Stat. 989.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 95-626, Nov. 10, 1978, 92 Stat. 3551, known as the Health Services and Centers Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendments note set out under section 201 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Health Services and Centers Amendments of 1978, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-177 substituted "on March 15, 1990, and on March 15 of every third year thereafter" for "on December 1, 1980, and on December 1 of every third year thereafter" in first sentence. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-177 applicable to reports and profiles required to be submitted after Nov. 1, 1987, see section 106(c) of Pub. L. 100-177, set out as a note under section 242m of this title. -End- -CITE- 42 USC Sec. 242q 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242q. Task Force on Aging Research; establishment and duties -STATUTE- (a) Establishment The Secretary of Health and Human Services shall establish a Task Force on Aging Research. (b) Duties With respect to aging research (as defined in section 242q-4 (!1) of this title), the Task Force each fiscal year shall - (1) make recommendations to the Secretary specifying the particular projects of research, or the particular categories of research, that should be conducted or supported by the Secretary; (2) of the projects specified under paragraph (1), make recommendations to the Secretary of the projects that should be given priority in the provision of funds; and (3) make recommendations to the Secretary of the amount of funds that should be appropriated for such research. (c) Provision of information to public The Task Force may make available to health professionals, and to other members of the public, information regarding the research described in subsection (b) of this section. -SOURCE- (Pub. L. 101-557, title III, Sec. 301, Nov. 15, 1990, 104 Stat. 2768.) -REFTEXT- REFERENCES IN TEXT Section 242q-4 of this title, referred to in subsec. (b), was in the original "section 305", meaning section 305 of Pub. L. 101-557. Section 305 was renumbered section 304 by Pub. L. 109-482, title I, Sec. 104(b)(3)(B), Jan. 15, 2007, 120 Stat. 3694. -COD- CODIFICATION Section was enacted as part of the Home Health Care and Alzheimer's Disease Amendments of 1990, and not as part of the Public Health Service Act which comprises this chapter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 242q-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242q-1. Membership -STATUTE- (a) Composition The Task Force shall be composed of - (1) the Assistant Secretary for Health; (2) the Surgeon General of the Public Health Service; (3) the Assistant Secretary for Planning and Evaluation; (4) the Director of the National Institute on Aging, and the Directors of such other agencies of the National Institutes of Health as the Secretary determines to be appropriate; (5) the Commissioner of the Administration on Aging; (6) the Commissioner of Food and Drugs; (7) the Under Secretary for Health of the Department of Veterans Affairs; (8) the Administrator of the the (!1) Substance Abuse and Mental Health Services Administration; (9) the Administrator of the Centers for Medicare & Medicaid Services; (10) the Commissioner of Social Security; (11) the Director of the Agency for Healthcare Research and Quality; (12) two Members of the House of Representatives appointed by the Speaker of the House in consultation with the Minority Leader, and two members of the Senate appointed by the Majority Leader in consultation with the Minority Leader, not more than one of whom from each body shall be members of the same political party; and (13) three members of the general public, to be appointed by the Secretary, that shall include one representative each from - (A) a nonprofit group representing older Americans; (B) a private voluntary health organization concerned with the health problems affecting older Americans; and (C) a nonprofit organization concerned with research related to the health and independence of older Americans. (b) Chair The Secretary, acting through either the Assistant Secretary for Health or the Director of the National Institute on Aging, shall serve as the Chair of the Task Force. (c) Quorum A majority of the members of the Task Force shall constitute a quorum, and a lesser number may hold hearings. (d) Meetings The Task Force shall meet periodically at the call of the Chair, but in no event less than twice each year. (e) Compensation and expenses (1) Compensation Members of the Task Force who are not regular full-time employees of the United States Government shall, while attending meetings and conferences of the Task Force or otherwise engaged in the business of the Task Force (including traveltime), be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding the rate specified at the time of such service under GS-18 of the General Schedules established under section 5332 of title 5. (2) Expenses While away from their homes or regular places of business on the business of the Task Force, members of such Task Force may be allowed travel expenses, including per diem in lieu of subsistence, as is authorized under section 5703 of title 5 for persons employed intermittently in the Government service. -SOURCE- (Pub. L. 101-557, title III, Sec. 302, Nov. 15, 1990, 104 Stat. 2769; Pub. L. 102-321, title I, Sec. 161, July 10, 1992, 106 Stat. 375; Pub. L. 102-405, title III, Sec. 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 106-129, Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670; Pub. L. 108-173, title IX, Sec. 900(e)(6)(D), Dec. 8, 2003, 117 Stat. 2373.) -COD- CODIFICATION Section was enacted as part of the Home Health Care and Alzheimer's Disease Amendments of 1990, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 2003 - Subsec. (a)(9). Pub. L. 108-173 substituted "Centers for Medicare & Medicaid Services" for "Health Care Financing Administration". 1999 - Subsec. (a)(11). Pub. L. 106-129 substituted "Director of the Agency for Healthcare Research and Quality" for "Administrator for Health Care Policy and Research". 1992 - Subsec. (a)(7). Pub. L. 102-405 substituted "Under Secretary for Health of the Department of Veterans Affairs" for "Chief Medical Director of the Department of Veterans Affairs". Subsec. (a)(8). Pub. L. 102-321 substituted "Substance Abuse and Mental Health Services Administration" for "Alcohol, Drug Abuse and Mental Health Administration". EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102-321, set out as a note under section 236 of this title. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -FOOTNOTE- (!1) So in original. -End- -CITE- 42 USC Sec. 242q-2 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242q-2. Administrative staff and support -STATUTE- The Secretary, acting through either the Assistant Secretary for Health or the Director of the National Institute on Aging, shall appoint an Executive Secretary for the Task Force and shall provide the Task Force with such administrative staff and support as may be necessary to enable the Task Force to carry out subsections (b) and (c) of section 242q of this title. -SOURCE- (Pub. L. 101-557, title III, Sec. 303, Nov. 15, 1990, 104 Stat. 2770.) -COD- CODIFICATION Section was enacted as part of the Home Health Care and Alzheimer's Disease Amendments of 1990, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 242q-3 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242q-3. Repealed. -MISC1- Sec. 242q-3. Repealed. Pub. L. 109-482, title I, Sec. 104(b)(3)(B), Jan. 15, 2007, 120 Stat. 3694. Section, Pub. L. 101-557, title III, Sec. 304, Nov. 15, 1990, 104 Stat. 2770, related to reports that provided recommendations required in section 242q(b) of this title. EFFECTIVE DATE OF REPEAL Repeal applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109-482, set out as an Effective Date of 2007 Amendment note under section 281 of this title. -End- -CITE- 42 USC Sec. 242q-4 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242q-4. Definitions -STATUTE- For purposes of sections 242q to 242q-5 of this title: (1) Aging research (A) The term "aging research" means research on the aging process and on the diagnosis and treatment of diseases, disorders, and complications related to aging, including menopause. Such research includes research on such treatments, and on medical devices and other medical interventions regarding such diseases, disorders, and complications, that can assist individuals in avoiding institutionalization and prolonged hospitalization and in otherwise increasing the independence of the individuals. (B) For purposes of subparagraph (A), the term "independence", with respect to diseases, disorders, and complications of aging, means the functional ability of individuals to perform activities of daily living or instrumental activities of daily living without assistance or supervision. (2) Secretary The term "Secretary" means the Secretary of Health and Human Services. (3) Task Force The term "Task Force" means the Task Force on Aging Research established under section 242q(a) of this title. -SOURCE- (Pub. L. 101-557, title III, Sec. 304, formerly Sec. 305, Nov. 15, 1990, 104 Stat. 2770; renumbered Sec. 304, Pub. L. 109-482, title I, Sec. 104(b)(3)(B), Jan. 15, 2007, 120 Stat. 3694.) -COD- CODIFICATION Section was enacted as part of the Home Health Care and Alzheimer's Disease Amendments of 1990, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 304 of Pub. L. 101-557 was classified to section 242q-3 of this title, prior to repeal by Pub. L. 109-482. -End- -CITE- 42 USC Sec. 242q-5 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242q-5. Authorization of appropriations -STATUTE- For the purpose of carrying out sections 242q to 242q-5 of this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 1993. -SOURCE- (Pub. L. 101-557, title III, Sec. 305, formerly Sec. 306, Nov. 15, 1990, 104 Stat. 2770; renumbered Sec. 305, Pub. L. 109-482, title I, Sec. 104(b)(3)(B), Jan. 15, 2007, 120 Stat. 3694.) -COD- CODIFICATION Section was enacted as part of the Home Health Care and Alzheimer's Disease Amendments of 1990, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 305 of Pub. L. 101-557 was renumbered section 304 and is classified to section 242q-4 of this title. -End- -CITE- 42 USC Sec. 242r 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242r. Improvement and publication of data on food-related allergic responses -STATUTE- (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Commissioner of Food and Drugs, shall improve (including by educating physicians and other health care providers) the collection of, and publish as it becomes available, national data on - (1) the prevalence of food allergies; (2) the incidence of clinically significant or serious adverse events related to food allergies; and (3) the use of different modes of treatment for and prevention of allergic responses to foods. (b) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. -SOURCE- (Pub. L. 108-282, title II, Sec. 207, Aug. 2, 2004, 118 Stat. 910.) -COD- CODIFICATION Section was enacted as part of the Food Allergen Labeling and Consumer Protection Act of 2004, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 242s 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part A - Research and Investigations -HEAD- Sec. 242s. Centers for Disease Control and Prevention Office of Women's Health -STATUTE- (a) Establishment There is established within the Office of the Director of the Centers for Disease Control and Prevention, an office to be known as the Office of Women's Health (referred to in this section as the "Office"). The Office shall be headed by a director who shall be appointed by the Director of such Centers. (b) Purpose The Director of the Office shall - (1) report to the Director of the Centers for Disease Control and Prevention on the current level of the Centers' activity regarding women's health conditions across, where appropriate, age, biological, and sociocultural contexts, in all aspects of the Centers' work, including prevention programs, public and professional education, services, and treatment; (2) establish short-range and long-range goals and objectives within the Centers for women's health and, as relevant and appropriate, coordinate with other appropriate offices on activities within the Centers that relate to prevention, research, education and training, service delivery, and policy development, for issues of particular concern to women; (3) identify projects in women's health that should be conducted or supported by the Centers; (4) consult with health professionals, nongovernmental organizations, consumer organizations, women's health professionals, and other individuals and groups, as appropriate, on the policy of the Centers with regard to women; and (5) serve as a member of the Department of Health and Human Services Coordinating Committee on Women's Health (established under section 237a(b)(4) of this title). (c) Definition As used in this section, the term "women's health conditions", with respect to women of all age, ethnic, and racial groups, means diseases, disorders, and conditions - (1) unique to, significantly more serious for, or significantly more prevalent in women; and (2) for which the factors of medical risk or type of medical intervention are different for women, or for which there is reasonable evidence that indicates that such factors or types may be different for women. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 310A, as added Pub. L. 111- 148, title III, Sec. 3509(b), Mar. 23, 2010, 124 Stat. 533.) -MISC1- PRIOR PROVISIONS A prior section 310A of act July 1, 1944, was renumbered section 226 and transferred to section 235 of this title. -End- -CITE- 42 USC Part B - Federal-State Cooperation 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- PART B - FEDERAL-STATE COOPERATION -End- -CITE- 42 USC Sec. 243 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 243. General grant of authority for cooperation -STATUTE- (a) Enforcement of quarantine regulations; prevention of communicable diseases The Secretary is authorized to accept from State and local authorities any assistance in the enforcement of quarantine regulations made pursuant to this chapter which such authorities may be able and willing to provide. The Secretary shall also assist States and their political subdivisions in the prevention and suppression of communicable diseases and with respect to other public health matters, shall cooperate with and aid State and local authorities in the enforcement of their quarantine and other health regulations, and shall advise the several States on matters relating to the preservation and improvement of the public health. (b) Comprehensive and continuing planning; training of personnel for State and local health work; fees The Secretary shall encourage cooperative activities between the States with respect to comprehensive and continuing planning as to their current and future health needs, the establishment and maintenance of adequate public health services, and otherwise carrying out public health activities. The Secretary is also authorized to train personnel for State and local health work. The Secretary may charge only private entities reasonable fees for the training of their personnel under the preceding sentence. (c) Development of plan to control epidemics and meet emergencies or problems resulting from disasters; cooperative planning; temporary assistance; reimbursement of United States (1) The Secretary is authorized to develop (and may take such action as may be necessary to implement) a plan under which personnel, equipment, medical supplies, and other resources of the Service and other agencies under the jurisdiction of the Secretary may be effectively used to control epidemics of any disease or condition and to meet other health emergencies or problems. The Secretary may enter into agreements providing for the cooperative planning between the Service and public and private community health programs and agencies to cope with health problems (including epidemics and health emergencies). (2) The Secretary may, at the request of the appropriate State or local authority, extend temporary (not in excess of six months) assistance to States or localities in meeting health emergencies of such a nature as to warrant Federal assistance. The Secretary may require such reimbursement of the United States for assistance provided under this paragraph as he may determine to be reasonable under the circumstances. Any reimbursement so paid shall be credited to the applicable appropriation for the Service for the year in which such reimbursement is received. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 311, 58 Stat. 693; Pub. L. 89-749, Sec. 5, Nov. 3, 1966, 80 Stat. 1190; Pub. L. 90-174, Sec. 4, Dec. 5, 1967, 81 Stat. 536; Pub. L. 91-515, title II, Sec. 282, Oct. 30, 1970, 84 Stat. 1308; Pub. L. 94-317, title II, Sec. 202(b), (c), June 23, 1976, 90 Stat. 703; Pub. L. 97-35, title IX, Sec. 902(c), Aug. 13, 1981, 95 Stat. 559; Pub. L. 97-414, Sec. 8(d), Jan. 4, 1983, 96 Stat. 2060; Pub. L. 99-117, Sec. 11(a), Oct. 7, 1985, 99 Stat. 494.) -MISC1- AMENDMENTS 1985 - Subsec. (c)(1). Pub. L. 99-117 struck out "referred to in section 247b(f) of this title" after "epidemics of any disease or condition", "involving or resulting from disasters or any such disease" after "health emergencies or problems" in first sentence, and struck out "resulting from disasters or any disease or condition referred to in section 247b(f) of this title" after "(including epidemics and health emergencies)" in second sentence. 1983 - Subsec. (c)(2). Pub. L. 97-414 substituted "six months" for "forty-five days" after "not in excess of". 1981 - Subsec. (a). Pub. L. 97-35, Sec. 902(c)(1), inserted applicability to other public health matters, and struck out reference to section 246 of this title. Subsec. (b). Pub. L. 97-35, Sec. 902(c)(2), substituted "public health activities" for "the purposes of section 246 of this title". 1976 - Subsec. (b). Pub. L. 94-317, Sec. 202(c), inserted provision authorizing Secretary to charge only private entities reasonable fees for training of their personnel. Subsec. (c). Pub. L. 94-317, Sec. 202(b), made changes in phraseology and restructured provisions into pars. (1) and (2) and, in par. (1), as so restructured, inserted provisions authorizing Secretary to develop a plan utilizing Public Health Service personnel, equipment, medical supplies and other resources to control epidemics of any disease referred to in section 247b of this title. 1970 - Subsecs. (a), (b). Pub. L. 91-515 substituted "Secretary" for "Surgeon General" wherever appearing. 1967 - Subsec. (c). Pub. L. 90-174 added subsec. (c). 1966 - Pub. L. 89-749 designated existing provisions as subsec. (a), added subsec. (b), and amended subsec. (b) to permit Surgeon General to train personnel for State and local health work. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as a note under section 238l of this title. EFFECTIVE DATE OF 1966 AMENDMENT Section 5(a) of Pub. L. 89-749 provided that subsec. (b) of this section is effective July 1, 1966. Section 5(b) of Pub. L. 89-749 provided that the amendment of subsec. (b) of this section, permitting the Surgeon General to train personnel for State and local health work, is effective July 1, 1967. FOOD ALLERGENS IN THE FOOD CODE Pub. L. 108-282, title II, Sec. 209, Aug. 2, 2004, 118 Stat. 910, provided that: "The Secretary of Health and Human Services shall, in the Conference for Food Protection, as part of its efforts to encourage cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C. 243), pursue revision of the Food Code to provide guidelines for preparing allergen-free foods in food establishments, including in restaurants, grocery store delicatessens and bakeries, and elementary and secondary school cafeterias. The Secretary shall consider guidelines and recommendations developed by public and private entities for public and private food establishments for preparing allergen-free foods in pursuing this revision." TRAINING OF PRIVATE PERSONS SUBJECT TO REIMBURSEMENT OR ADVANCES TO APPROPRIATIONS Pub. L. 103-333, title II, Sept. 30, 1994, 108 Stat. 2550, provided in part: "That for fiscal year 1995 and subsequent fiscal years training of private persons shall be made subject to reimbursement or advances to this appropriation for not in excess of the full cost of such training". -End- -CITE- 42 USC Sec. 244 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 244. Public access defibrillation programs -STATUTE- (a) In general The Secretary shall award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs - (1) by training and equipping local emergency medical services personnel, including firefighters, police officers, paramedics, emergency medical technicians, and other first responders, to administer immediate care, including cardiopulmonary resuscitation and automated external defibrillation, to cardiac arrest victims; (2) by purchasing automated external defibrillators, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims; (3) by setting procedures for proper maintenance and testing of such devices, according to the guidelines of the manufacturers of the devices; (4) by providing training to members of the public in cardiopulmonary resuscitation and automated external defibrillation; (5) by integrating the emergency medical services system with the public access defibrillation programs so that emergency medical services personnel, including dispatchers, are informed about the location of automated external defibrillators in their community; and (6) by encouraging private companies, including small businesses, to purchase automated external defibrillators and provide training for their employees to administer cardiopulmonary resuscitation and external automated defibrillation to cardiac arrest victims in their community. (b) Preference In awarding grants under subsection (a) of this section, the Secretary shall give a preference to a State, political subdivision of a State, Indian tribe, or tribal organization that - (1) has a particularly low local survival rate for cardiac arrests, or a particularly low local response rate for cardiac arrest victims; or (2) demonstrates in its application the greatest commitment to establishing and maintaining a public access defibrillation program. (c) Use of funds A State, political subdivision of a State, Indian tribe, or tribal organization that receives a grant under subsection (a) of this section may use funds received through such grant to - (1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; (2) provide automated external defibrillation and basic life support training in automated external defibrillator usage through nationally recognized courses; (3) provide information to community members about the public access defibrillation program to be funded with the grant; (4) provide information to the local emergency medical services system regarding the placement of automated external defibrillators in public places; (5) produce materials to encourage private companies, including small businesses, to purchase automated external defibrillators; (6) establish an information clearinghouse, that shall be administered by an organization that has substantial expertise in pediatric education, pediatric medicine, and electrophysiology and sudden death, that provides information to increase public access to defibrillation in schools; and (7) further develop strategies to improve access to automated external defibrillators in public places. (d) Application (1) In general To be eligible to receive a grant under subsection (a) of this section, a State, political subdivision of a State, Indian tribe, or tribal organization shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall - (A) describe the comprehensive public access defibrillation program to be funded with the grant and demonstrate how such program would make automated external defibrillation accessible and available to cardiac arrest victims in the community; (B) contain procedures for implementing appropriate nationally recognized training courses in performing cardiopulmonary resuscitation and the use of automated external defibrillators; (C) contain procedures for ensuring direct involvement of a licensed medical professional and coordination with the local emergency medical services system in the oversight of training and notification of incidents of the use of the automated external defibrillators; (D) contain procedures for proper maintenance and testing of the automated external defibrillators, according to the labeling of the manufacturer; (E) contain procedures for ensuring notification of local emergency medical services system personnel, including dispatchers, of the location and type of devices used in the public access defibrillation program; and (F) provide for the collection of data regarding the effectiveness of the public access defibrillation program to be funded with the grant in affecting the out-of-hospital cardiac arrest survival rate. (e) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for for (!1) each of fiscal years 2003 through 2014. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 312, as added Pub. L. 107- 188, title I, Sec. 159(c), June 12, 2002, 116 Stat. 634; amended Pub. L. 108-41, Sec. 2, July 1, 2003, 117 Stat. 839; Pub. L. 111- 148, title X, Sec. 10412, Mar. 23, 2010, 124 Stat. 990.) -MISC1- PRIOR PROVISIONS A prior section 244, acts July 1, 1944, ch. 373, title III, Sec. 312, 58 Stat. 693; July 3, 1946, ch. 538, Sec. 8, 60 Stat. 424; Dec. 5, 1967, Pub. L. 90-174, Sec. 12(b), 81 Stat. 541; Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 282, 84 Stat. 1308, provided for health conferences, prior to repeal by Pub. L. 93-353, title I, Sec. 102(a), July 23, 1974, 88 Stat. 362. See section 242o(a) of this title. A prior section 312 of act July 1, 1944, was classified to section 244-1 of this title prior to repeal by Pub. L. 94-484. AMENDMENTS 2010 - Subsec. (c)(6). Pub. L. 111-148, Sec. 10412(1), inserted ", that shall be administered by an organization that has substantial expertise in pediatric education, pediatric medicine, and electrophysiology and sudden death," after "clearinghouse". Subsec. (e). Pub. L. 111-148, Sec. 10412(2), substituted "for each of fiscal years 2003 through 2014" for "fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006". 2003 - Subsec. (c)(6), (7). Pub. L. 108-41 added par. (6) and redesignated former par. (6) as (7). FINDINGS Pub. L. 107-188, title I, Sec. 159(b), June 12, 2002, 116 Stat. 634, provided that: "Congress makes the following findings: "(1) Over 220,000 Americans die each year from cardiac arrest. Every 2 minutes, an individual goes into cardiac arrest in the United States. "(2) The chance of successfully returning to a normal heart rhythm diminishes by 10 percent each minute following sudden cardiac arrest. "(3) Eighty percent of cardiac arrests are caused by ventricular fibrillation, for which defibrillation is the only effective treatment. "(4) Sixty percent of all cardiac arrests occur outside the hospital. The average national survival rate for out-of-hospital cardiac arrest is only 5 percent. "(5) Communities that have established and implemented public access defibrillation programs have achieved average survival rates for out-of-hospital cardiac arrest as high as 50 percent. "(6) According to the American Heart Association, wide use of defibrillators could save as many as 50,000 lives nationally each year. "(7) Successful public access defibrillation programs ensure that cardiac arrest victims have access to early 911 notification, early cardiopulmonary resuscitation, early defibrillation, and early advanced care." -FOOTNOTE- (!1) So in original. -End- -CITE- 42 USC Sec. 244-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 244-1. Repealed. -MISC1- Sec. 244-1. Repealed. Pub. L. 94-484, title V, Sec. 503(b), Oct. 12, 1976, 90 Stat. 2300. Section, act July 1, 1944, ch. 373, title III, Sec. 312, formerly Sec. 306, as added Aug. 2, 1956, ch. 871, title I, Sec. 101, 70 Stat. 923; amended July 23, 1959, Pub. L. 86-105, Sec. 1, 73 Stat. 239; Sept 8, 1960, Pub. L. 86-720, Sec. 1(b), 74 Stat. 820; Aug. 27, 1964, Pub. L. 88-497, Sec. 2, 78 Stat. 613; Aug. 16, 1968, Pub. L. 90-490, title III, Sec. 302(b), 82 Stat. 789; Mar. 12, 1970, Pub. L. 91-208, Sec. 3, 84 Stat. 52; Oct. 30, 1970, Pub. L. 91-515, title VI, Sec. 601(b)(2), 84 Stat. 1311; June 18, 1973, Pub. L. 93- 45, title I, Sec. 104(a), 87 Stat. 91; renumbered Sec. 312 and amended July 23, 1974, Pub. L. 93-353, title I, Sec. 102(b), 88 Stat. 362; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(a)(1), 90 Stat. 2244, related to graduate or specialized training for physicians, engineers, nurses, and other professional personnel. EFFECTIVE DATE OF REPEAL Section 503(c) of Pub. L. 94-484 provided that: "The amendments made by this section [amending former section 295f-2 of this title and repealing this section and section 245a of this title] shall take effect October 1, 1977." -End- -CITE- 42 USC Sec. 244a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 244a. Repealed. -MISC1- Sec. 244a. Repealed. Pub. L. 93-353, title I, Sec. 102(a), July 23, 1974, 88 Stat. 362. Section, act July 1, 1944, ch. 373, title III, Sec. 312a, as added Aug. 31, 1954, ch. 1158, Sec. 2, 68 Stat. 1025, related to birth and death statistics, annual collection, and compensation for transcription. See section 242k(h) of this title. -End- -CITE- 42 USC Sec. 245 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 245. Public access defibrillation demonstration projects -STATUTE- (a) In general The Secretary shall award grants to political subdivisions of States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that - (1) provide cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims in unique settings; (2) provide training to community members in cardiopulmonary resuscitation and automated external defibrillation; and (3) maximize community access to automated external defibrillators. (b) Use of funds A recipient of a grant under subsection (a) of this section shall use the funds provided through the grant to - (1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; (2) provide basic life training in automated external defibrillator usage through nationally recognized courses; (3) provide information to community members about the public access defibrillation demonstration project to be funded with the grant; (4) provide information to the local emergency medical services system regarding the placement of automated external defibrillators in the unique settings; and (5) further develop strategies to improve access to automated external defibrillators in public places. (c) Application (1) In general To be eligible to receive a grant under subsection (a) of this section, a political subdivision of a State, Indian tribe, or tribal organization shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) may - (A) describe the innovative, comprehensive, community-based public access defibrillation demonstration project to be funded with the grant; (B) explain how such public access defibrillation demonstration project represents innovation in providing public access to automated external defibrillation; and (C) provide for the collection of data regarding the effectiveness of the demonstration project to be funded with the grant in - (i) providing emergency cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims in the setting served by the demonstration project; and (ii) affecting the cardiac arrest survival rate in the setting served by the demonstration project. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 through 2006. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 313, as added Pub. L. 107- 188, title I, Sec. 159(c), June 12, 2002, 116 Stat. 636.) -MISC1- PRIOR PROVISIONS A prior section 245, acts July 1, 1944, ch. 373, title III, Sec. 313, 58 Stat. 693; Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 282, 84 Stat. 1308, provided for collection of vital statistics, prior to repeal by Pub. L. 93-353, title I, Sec. 102(a), July 23, 1974, 88 Stat. 362. See section 242k(g) of this title. A prior section 313 of act July 1, 1944, was classified to section 245a of this title prior to repeal by Pub. L. 94-484. -End- -CITE- 42 USC Sec. 245a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 245a. Repealed. -MISC1- Sec. 245a. Repealed. Pub. L. 94-484, title V, Sec. 503(b), Oct. 12, 1976, 90 Stat. 2300. Section, act July 1, 1944, ch. 373, title III, Sec. 313, formerly Sec. 309, as added Sept. 8, 1960, Pub. L. 86-720, Sec. 1(a), 74 Stat. 819; amended Aug. 27, 1964, Pub. L. 88-497, Sec. 3, 78 Stat. 613; Nov. 3, 1966, Pub. L. 89-749, Sec. 4, 80 Stat. 1190; Dec. 5, 1967, Pub. L. 90-174, Secs. 2(g), 8(c), 81 Stat. 534, 540; Aug. 16, 1968, Pub. L. 90-490, title III, Sec. 302(a), 82 Stat. 788; Mar. 12, 1970, Pub. L. 91-208, Secs. 1, 2, 84 Stat. 52; June 30, 1970, Pub. L. 91-296, title IV, Sec. 401(b)(1)(B), 84 Stat. 352; June 18, 1973, Pub. L. 93-45, title I, Sec. 104(b), (c), 87 Stat. 91; renumbered Sec. 313 and amended July 23, 1974, Pub. L. 93-353, title I, Sec. 102(c), 88 Stat. 362; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(a)(2), (3), 90 Stat. 2244, related to graduate public health training grants. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1977, see section 503(c) of Pub. L. 94- 484, set out as a note under section 244-1 of this title. -End- -CITE- 42 USC Sec. 246 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 246. Grants and services to States -STATUTE- (a) Comprehensive health planning and services (1) In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Secretary is authorized during the period beginning July 1, 1966, and ending June 30, 1973, to make grants to States which have submitted, and had approved by the Secretary, State plans for comprehensive State health planning. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $2,500,000 for the fiscal year ending June 30, 1967, $7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, $15,000,000 for the fiscal year ending June 30, 1970, $15,000,000 for the fiscal year ending June 30, 1971, $17,000,000 for the fiscal year ending June 30, 1972, $20,000,000 for the fiscal year ending June 30, 1973, and $10,000,000 for the fiscal year ending June 30, 1974. (2) In order to be approved for purposes of this subsection, a State plan for comprehensive State health planning must - (A) designate, or provide for the establishment of, a single State agency, which may be an interdepartmental agency, as the sole agency for administering or supervising the administration of the State's health planning functions under the plan; (B) provide for the establishment of a State health planning council, which shall include representatives of Federal, State, and local agencies (including as an ex officio member, if there is located in such State one or more hospitals or other health care facilities of the Department of Veterans Affairs, the individual whom the Secretary of Veterans Affairs shall have designated to serve on such council as the representative of the hospitals or other health care facilities of such Department which are located in such State) and nongovernmental organizations and groups concerned with health (including representation of the regional medical program or programs included in whole or in part within the State), and of consumers of health services, to advise such State agency in carrying out its functions under the plan, and a majority of the membership of such council shall consist of representatives of consumers of health services; (C) set forth policies and procedures for the expenditure of funds under the plan, which, in the judgment of the Secretary, are designed to provide for comprehensive State planning for health services (both public and private and including home health care), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State and including environmental considerations as they relate to public health; (D) provide for encouraging cooperative efforts among governmental or nongovernmental agencies, organizations and groups concerned with health services, facilities, or manpower, and for cooperative efforts between such agencies, organizations, and groups and similar agencies, organizations, and groups in the fields of education, welfare, and rehabilitation; (E) contain or be supported by assurances satisfactory to the Secretary that the funds paid under this subsection will be used to supplement and, to the extent practicable, to increase the level of funds that would otherwise be made available by the State for the purpose of comprehensive health planning and not to supplant such non-Federal funds; (F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan; (G) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time reasonably require, and will keep such records and afford such access thereto as the Secretary finds necessary to assure the correctness and verification of such reports; (H) provide that the State agency will from time to time, but not less often than annually, review its State plan approved under this subsection and submit to the Secretary appropriate modifications thereof; (I) effective July 1, 1968, (i) provide for assisting each health care facility in the State to develop a program for capital expenditures for replacement, modernization, and expansion which is consistent with an overall State plan developed in accordance with criteria established by the Secretary after consultation with the State which will meet the needs of the State for health care facilities, equipment, and services without duplication and otherwise in the most efficient and economical manner, and (ii) provide that the State agency furnishing such assistance will periodically review the program (developed pursuant to clause (i)) of each health care facility in the State and recommend appropriate modification thereof; (J) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the State under this subsection; and (K) contain such additional information and assurances as the Secretary may find necessary to carry out the purposes of this subsection. (3)(A) From the sums appropriated for such purpose for each fiscal year, the several States shall be entitled to allotments determined, in accordance with regulations, on the basis of the population and the per capita income of the respective States; except that no such allotment to any State for any fiscal year shall be less than 1 per centum of the sum appropriated for such fiscal year pursuant to paragraph (1). Any such allotment to a State for a fiscal year shall remain available for obligation by the State, in accordance with the provisions of this subsection and the State's plan approved thereunder, until the close of the succeeding fiscal year. (B) The amount of any allotment to a State under subparagraph (A) for any fiscal year which the Secretary determines will not be required by the State, during the period for which it is available, for the purposes for which allotted shall be available for reallotment by the Secretary from time to time, on such date or dates as he may fix, to other States with respect to which such a determination has not been made, in proportion to the original allotments to such States under subparagraph (A) for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use during such period; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount so reallotted to a State from funds appropriated pursuant to this subsection for a fiscal year shall be deemed part of its allotment under subparagraph (A) for such fiscal year. (4) From each State's allotment for a fiscal year under this subsection, the State shall from time to time be paid the Federal share of the expenditures incurred during that year or the succeeding year pursuant to its State plan approved under this subsection. Such payments shall be made on the basis of estimates by the Secretary of the sums the State will need in order to perform the planning under its approved State plan under this subsection, but with such adjustments as may be necessary to take account of previously made underpayments or overpayments. The "Federal share" for any State for purposes of this subsection shall be all, or such part as the Secretary may determine, of the cost of such planning, except that in the case of the allotments for the fiscal year ending June 30, 1970, it shall not exceed 75 per centum of such cost. (b) Project grants for areawide health planning; authorization of appropriations; prerequisites for grants; application; contents (1)(A) The Secretary is authorized, during the period beginning July 1, 1966, and ending June 30, 1974, to make, with the approval of the State agency administering or supervising the administration of the State plan approved under subsection (a) of this section, project grants to any other public or nonprofit private agency or organization (but with appropriate representation of the interests of local government where the recipient of the grant is not a local government or combination thereof or an agency of such government or combination) to cover not to exceed 75 per centum of the costs of projects for developing (and from time to time revising) comprehensive regional, metropolitan area, or other local area plans for coordination of existing and planned health services, including the facilities and persons required for provision of such services; and including the provision of such services through home health care; except that in the case of project grants made in any State prior to July 1, 1968, approval of such State agency shall be required only if such State has such a State plan in effect at the time of such grants. No grant may be made under this subsection after June 30, 1970, to any agency or organization to develop or revise health plans for an area unless the Secretary determines that such agency or organization provides means for appropriate representation of the interests of the hospitals, other health care facilities, and practicing physicians serving such area, and the general public. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, $7,500,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, $15,000,000 for the fiscal year ending June 30, 1970, $20,000,000 for the fiscal year ending June 30, 1971, $30,000,000 for the fiscal year ending June 30, 1972, $40,000,000 for the fiscal year ending June 30, 1973, and $25,100,000 for the fiscal year ending June 30, 1974. (B) Project grants may be made by the Secretary under subparagraph (A) to the State agency administering or supervising the administration of the State plan approved under subsection (a) of this section with respect to a particular region or area, but only if (i) no application for such a grant with respect to such region or area has been filed by any other agency or organization qualified to receive such a grant, and (ii) such State agency certifies, and the Secretary finds, that ample opportunity has been afforded to qualified agencies and organizations to file application for such a grant with respect to such region or area and that it is improbable that, in the foreseeable future, any agency or organization which is qualified for such a grant will file application therefor. (2)(A) In order to be approved under this subsection, an application for a grant under this subsection must contain or be supported by reasonable assurances that there has been or will be established, in or for the area with respect to which such grant is sought, an areawide health planning council. The membership of such council shall include representatives of public, voluntary, and nonprofit private agencies, institutions, and organizations concerned with health (including representatives of the interests of local government of the regional medical program for such area, and of consumers of health services). A majority of the members of such council shall consist of representatives of consumers of health services. (B) In addition, an application for a grant under this subsection must contain or be supported by reasonable assurances that the areawide health planning agency has made provision for assisting health care facilities in its area to develop a program for capital expenditures for replacement, modernization, and expansion which is consistent with an overall State plan which will meet the needs of the State and the area for health care facilities, equipment, and services without duplication and otherwise in the most efficient and economical manner. (c) Project grants for training, studies, and demonstrations; authorization of appropriations The Secretary is also authorized, during the period beginning July 1, 1966, and ending June 30, 1974, to make grants to any public or nonprofit private agency, institution, or other organization to cover all or any part of the cost of projects for training, studies, or demonstrations looking toward the development of improved or more effective comprehensive health planning throughout the Nation. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $1,500,000 for the fiscal year ending June 30, 1967, $2,500,000 for the fiscal year ending June 30, 1968, $5,000,000 for the fiscal year ending June 30, 1969, $7,500,000 for the fiscal year ending June 30, 1970, $8,000,000 for the fiscal year ending June 30, 1971, $10,000,000 for the fiscal year ending June 30, 1972, $12,000,000 for the fiscal year ending June 30, 1973, and $4,700,000 for the fiscal year ending June 30, 1974. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 314, 58 Stat. 693; July 3, 1946, ch. 538, Sec. 9, 60 Stat. 424; June 16, 1948, ch. 481, Sec. 5, 62 Stat. 468; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 852, Sec. 18, 70 Stat. 910; Pub. L. 85-544, Sec. 1, July 22, 1958, 72 Stat. 400; Pub. L. 87-395, Sec. 2(a)-(d), Oct. 5, 1961, 75 Stat. 824; Pub. L. 87-688, Sec. 4(a)(1), Sept. 25, 1962, 76 Stat. 587; Pub. L. 89-109, Sec. 4, Aug. 5, 1965, 79 Stat. 436; Pub. L. 89-749, Sec. 3, Nov. 3, 1966, 80 Stat. 1181; Pub. L. 90-174, Secs. 2(a)-(f), 3(b)(2), 8(a), (b), 12(d), Dec. 5, 1967, 81 Stat. 533-535, 540, 541; Pub. L. 91- 296, title I, Sec. 111(b), title IV, Sec. 401(b)(1)(C), (D), June 30, 1970, 84 Stat. 340, 352; Pub. L. 91-513, title I, Sec. 3(b), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 91-515, title II, Secs. 220, 230, 240, 250, 260(a)-(c)(1), 282, Oct. 30, 1970, 84 Stat. 1304- 1306, 1308; Pub. L. 91-616, title III, Sec. 331, Dec. 31, 1970, 84 Stat. 1853; Pub. L. 91-648, title IV, Sec. 403, Jan. 5, 1971, 84 Stat. 1925, as amended Pub. L. 95-454, title VI, Sec. 602(c), Oct. 13, 1978, 92 Stat. 1189; Pub. L. 92-255, title IV, Sec. 403(a), Mar. 21, 1972, 86 Stat. 77; Pub. L. 93-45, title I, Sec. 106, June 18, 1973, 87 Stat. 92; Pub. L. 93-151, Sec. 8, Nov. 9, 1973, 87 Stat. 568; Pub. L. 94-63, title I, Sec. 102, title V, Sec. 501(b), title VII, Sec. 701(a), (b), July 29, 1975, 89 Stat. 304, 346, 352; Pub. L. 94-484, title IX, Sec. 905(b)(1), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95-83, title III, Sec. 302, Aug. 1, 1977, 91 Stat. 387; Pub. L. 95-454, title VI, Sec. 602(c), Oct. 13, 1978, 92 Stat. 1189; Pub. L. 95-622, title I, Sec. 109, Nov. 9, 1978, 92 Stat. 3417; Pub. L. 95-626, title II, Sec. 201(a), (b)(2), Nov. 10, 1978, 92 Stat. 3570; Pub. L. 96-32, Sec. 6(e), (f), July 10, 1979, 93 Stat. 83; Pub. L. 96-79, title I, Sec. 115(k)(2), Oct. 4, 1979, 93 Stat. 610; Pub. L. 96-398, title I, Sec. 107(d), Oct. 7, 1980, 94 Stat. 1571; Pub. L. 97-35, title IX, Sec. 902(b), Aug. 13, 1981, 95 Stat. 559; Pub. L. 99-117, Sec. 12(a), Oct. 7, 1985, 99 Stat. 495; Pub. L. 102-54, Sec. 13(q)(1)(D), June 13, 1991, 105 Stat. 279.) -MISC1- AMENDMENTS 1991 - Subsec. (a)(2)(B). Pub. L. 102-54 substituted "Department of Veterans Affairs" for "Veterans' Administration", "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs" and "such Department" for "such Administration". 1985 - Subsec. (g). Pub. L. 99-117 directed that subsec. (g) be repealed. Previously, subsec. (g) was repealed by Pub. L. 96-398. See 1980 Amendment note below. 1981 - Subsec. (d). Pub. L. 97-35 struck out subsec. (d) which related to grants for services, form, manner, etc., of application, review of activities undertaken, allotments, and authorization of appropriations. 1980 - Subsec. (g). Pub. L. 96-398 struck out subsec. (g) which related to application, procedures applicable, amount, etc., for State mental health program grants. 1979 - Subsec. (d)(2)(C)(ii). Pub. L. 96-32, Sec. 6(e), substituted "uniform national health program reporting system" for "uniform national reporting system". Subsec. (d)(4)(A). Pub. L. 96-32, Sec. 6(f), in provision following subd. (II) of cl. (ii), substituted "the preceding provisions of this subparagraph" for "clauses (i) and (ii)" and "amount" for "amounts" and inserted provision that if the amount appropriated for a fiscal year is equal to or less than the amount appropriated for fiscal year ending Sept. 30, 1979, the total amount of grants for a State health authority shall be an amount which bears the same ratio to the amount appropriated as the total amount of grants received by such authority from appropriations for fiscal year ending Sept. 30, 1979, bears to the amount appropriated for that fiscal year. Subsec. (g)(2)(D)(iv). Pub. L. 96-79 substituted "a plan which is consistent with the State health plan in effect for the State under section 300m-3(c) of this title and" for "a plan". 1978 - Subsec. (d). Pub. L. 95-626, Sec. 201(b)(2), completely revised subsec. (d) under which the Secretary is authorized to make grants to State health authorities to assist in meeting the costs of providing comprehensive public health services by including requirements that the States submit an application outlining how funds will be used to supplement non-Federal support for the provision of public health services in the State, by setting out formulae under which funds will be made available to States including definitions of "applicable grant computation percentage" and "State and local expenditures for comprehensive public health services", by requiring implementation of a national health program reporting system to assure accountability for expenditure of funds, and by authorizing appropriations of $150,000,000 for fiscal year ending Sept. 30, 1980, and $170,000,000 for fiscal year ending Sept. 30, 1981. Subsec. (d)(7)(A). Pub. L. 95-626, Sec. 201(a)(1), inserted provision authorizing an appropriation of $103,000,000 for fiscal year ending Sept. 30, 1979. Subsec. (d)(7)(B). Pub. L. 95-626, Sec. 201(a)(2), inserted provision authorizing an appropriation of $20,000,000 for fiscal year ending Sept. 30, 1979. Subsec. (f). Pub. L. 95-454 designated existing provisions of section 403 of Pub. L. 91-648 (see 1971 Amendment note below) as subsec. (a) thereof and added subsec. (b) thereto repealing subsec. (f) of this section as subsec. (f) of this section had applied to commissioned officers of the Public Health Service. Subsec. (g). Pub. L. 95-622 substituted provisions relating to grants for State mental health programs for provisions relating to regulations and amendments with respect to grants to States under subsecs. (a) and (d) and reduction and suspension of subsec. (a) and (d) grant payments. 1977 - Subsec. (d)(7)(A). Pub. L. 95-83, Sec. 302(a), substituted provision for an appropriation authorization for fiscal year ending Sept. 30, 1977, for prior such authorization for fiscal year 1977, and authorized appropriation of $106,750,000 for fiscal year ending Sept. 30, 1978. Subsec. (d)(7)(B). Pub. L. 95-83, Sec. 302(b), substituted provision for an appropriation authorization for fiscal year ending Sept. 30, 1977, for prior such authorization for fiscal year 1977, and authorized appropriation of $12,680,000 for fiscal year ending Sept. 30, 1978. 1976 - Subsec. (g)(4)(B). Pub. L. 94-484 defined "State" to include the Northern Mariana Islands. 1975 - Subsec. (d). Pub. L. 94-63, Secs. 102, 701(a), substituted provisions relating to grants made pursuant to allotments to State health and mental health authorities for meeting the costs of providing comprehensive public health services, for provisions relating to grants made pursuant to appropriations for fiscal year ending June 30, 1968 to fiscal year ending June 30, 1975, to State health or mental health authorities to aid in the establishment and maintenance of adequate public health services, including the training of personnel for State and local health work. Subsec. (e). Pub. L. 94-63, Secs. 501(b), 701(b), struck out subsec. (e) which authorized appropriations from fiscal year ending June 30, 1968 through fiscal year ending June 30, 1975 for project grants for health services and related training, set forth procedures for making such grants, and prohibited grants after the fiscal year ending June 30, 1975, for provisions of this chapter amended by title VII of the Health Revenue Sharing and Health Services Act of 1975. 1973 - Subsec. (a)(1). Pub. L. 93-45, Sec. 106(a)(1), authorized appropriations of $10,000,000 for fiscal year ending June 30, 1974. Subsec. (b)(1)(A). Pub. L. 93-45, Sec. 106(a)(2), (b), authorized appropriations of $25,100,000 for fiscal year ending June 30, 1974, and extended period for making project grants from June 30, 1973, to June 30, 1974. Subsec. (c). Pub. L. 93-45, Sec. 106(a)(3), (b), authorized appropriations of $4,700,000 for fiscal year ending June 30, 1974, and extended period for grants from June 30, 1973, to June 30, 1974. Subsec. (d)(1). Pub. L. 93-45, Sec. 106(a)(4), authorized appropriations of $90,000,000 for fiscal year ending June 30, 1974. Subsec. (e). Pub. L. 93-151 prohibited use of appropriated funds for lead based paint poisoning control. Pub. L. 93-45, Sec. 106(a)(5), authorized appropriations of $230,700,000 for fiscal year ending June 30, 1974, and prohibited any grant for such fiscal year to cover cost of services described in cl. (1) or (2) of the first sentence if a grant or contract to cover cost of such services may be made or entered into from funds authorized to be appropriated for such fiscal year under an appropriations authorization in any provision of this chapter (other than this subsection) amended by title I of the Health Programs Extension Act of 1973. 1972 - Subsec. (d)(2)(K). Pub. L. 92-255 required State plans to provide for licensing of facilities for treatment and rehabilitation of persons with drug abuse and other drug dependence problems and for expansion of State mental health programs and other prevention and treatment programs in the field of drug abuse and drug dependence. 1971 - Subsec. (f). Pub. L. 91-648, Sec. 403(a), as amended by Pub. L. 94-454, Sec. 602(c), repealed subsec. (f) which authorized the Secretary to arrange the interchange of personnel with States to aid in discharge of responsibilities in field of health care, except as subsec. (b) applied to commissioned officers of the Public Health Service. See 1978 Amendment note above. 1970 - Pub. L. 91-515, Sec. 282, substituted "Secretary" for "Surgeon General" in subsecs. (a)(1), (a)(2)(C), (E) to (H), (K), (a)(3)(B), (a)(4), (b)(1)(A), (c), (d)(1), (d)(2)(C), (F) to (H), (J), (d)(4)(A), (d)(6), and (g)(1) to (3). Subsec. (a)(1). Pub. L. 91-515, Sec. 220(a), extended period for making grants to States from June 30, 1970 to June 30, 1973, and authorized appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. Subsec. (a)(2)(B). Pub. L. 91-515, Sec. 220(b), (c), inserted provisions authorizing appointment of an exofficio member from representatives of Federal, State, and local agencies involved, and requiring representation of the regional medical program or programs included in whole or in part within the State. Subsec. (a)(2)(C). Pub. L. 91-515, Sec. 220(d), inserted "and including home health care" after "private" and "and including environmental considerations as they relate to public health" after "people of the State". Subsec. (b). Pub. L. 91-515, Sec. 230, redesignated existing provisions as subsec. (b)(1)(A), and, as so redesignated, extended period for making project grants from June 30, 1970 to June 30, 1973, inserted "and including the provision of such services through home health care" after "such services", and authorized appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, and added subsec. (b)(1)(B) and (b)(2). Pub. L. 91-296, Sec. 111(b), inserted provisions requiring that before grants be made to agencies or organizations to develop or revise health plans for an area the Secretary determine that the agency or organization provides means for appropriate representation of the interests of the hospitals, practicing physicians, and the general public. Subsec. (c). Pub. L. 91-515, Sec. 240, extended period for making grants from June 30, 1970, to June 30, 1973, and authorized appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. Subsec. (d)(1). Pub. L. 91-515, Sec. 250(a), authorized appropriations for fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. Pub. L. 91-296, Sec. 401(b)(1)(C), struck out except which provided for use of up to 1 per centum by Secretary for evaluation. Subsec. (d)(2)(C). Pub. L. 91-515, Sec. 250(b), inserted provisions requiring State plan to contain assurances that the plan is compatible with total health program of the State. Subsec. (d)(2)(K). Pub. L. 91-513 added subpar. (K). Subsec. (d)(2)(L). Pub. L. 91-616 added subpar. (L). Subsec. (e). Pub. L. 91-515, Sec. 260(a), (b), (c)(1), inserted provisions authorizing appropriations for fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, provisions authorizing grants to cover part of cost of equity requirements and amortization of loans on facilities acquired from the Office of Economic Opportunity or construction in connection with any program or project transferred from the Office of Economic Opportunity, and provisions requiring the application for any grant made under this subsection to be referred for review and comment to the appropriate areawide health planning agency, or, if no such agency is in the area, then to such other public or nonprofit private agency or organization (if any) which performs similar functions. Pub. L. 91-296, Sec. 401(b)(1)(D), struck out provision for use of up to 1 per centum of appropriation for grants under subsec. (e) by the Secretary for evaluation. 1967 - Subsec. (a)(1). Pub. L. 90-174, Sec. 2(a)(1), extended period for making grants to States from June 30, 1968, to June 30, 1970, increased appropriations authorization for fiscal year ending June 30, 1968, from $5,000,000 to $7,000,000, and authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending June 30, 1969, and 1970, respectively. Subsec. (a)(2)(I) to (K). Pub. L. 90-174, Sec. 2(a)(2), added subpar. (I) and redesignated former subpars. (I) and (J) as (J) and (K), respectively. Subsec. (a)(4). Pub. L. 90-174, Sec. 2(a)(3), limited Federal share of expenditures, in case of allotments for fiscal year ending June 30, 1968, to 75 per centum of cost of planning. Subsec. (b). Pub. L. 90-174, Sec. 2(b)(1), (2), extended period for making grants to public or nonprofit private organizations from June 30, 1968, to June 30, 1970, and authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending June 30, 1969, and 1970, respectively, and provided for appropriate representation of interests of local government where recipient of grant is not a local government or combination thereof or an agency of such government or combination, respectively. Subsec. (c). Pub. L. 90-174, Sec. 2(c), extended period for making grants to public or nonprofit private organizations from June 30, 1968, to June 30, 1970, and authorized appropriations of $5,000,000 and $7,500,000 for fiscal years ending June 30, 1969, and 1970, respectively. Subsec. (d)(1). Pub. L. 90-174, Secs. 2(d)(1), 8(a), increased appropriations authorization for fiscal year ending June 30, 1968, from $62,500,000 to $70,000,000, and authorized appropriations of $90,000,000 and $100,000,000 for fiscal years ending June 30, 1969, and 1970, respectively, and made program evaluation funds available for any fiscal year ending after June 30, 1968, respectively. Subsec. (d)(5). Pub. L. 90-174, Sec. 2(d)(2), made Federal share of 66 2/3 per centum applicable to the Trust Territory of the Pacific Islands. Subsec. (d)(7). Pub. L. 90-174, Sec. 2(d)(3), provided for an allocation of 70 per centum of funds for provision under the State plan of services in communities of the State. Subsec. (e). Pub. L. 90-174, Secs. 2(e), 3(b)(2), 8(b), increased appropriations authorization for fiscal year ending June 30, 1968, from $62,500,000 to $90,000,000, authorized appropriations of $95,000,000 and $80,000,000 for fiscal years ending June 30, 1969, and 1970, respectively, inserted "(including related training)" after "providing services" in cl. (1), substituted "developing" for "stimulating" and inserted "(including related training)" after "health services" in cl. (2), struck out cl. (3) which authorized grants to cover part of cost of undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services, and made program evaluation funds available for any fiscal year ending after June 30, 1968. Subsec. (f)(5). Pub. L. 90-174, Sec. 12(d)(1), inserted "for" before "the expenses of travel". Subsec. (f)(6), (8). Pub. L. 90-174, Sec. 12(d)(2), substituted "Department" for "Service". Subsec. (g)(4)(B). Pub. L. 90-174, Sec. 2(f), defined "State" to include the Trust Territory of the Pacific Islands. 1966 - Subsec. (a). Pub. L. 89-749 substituted provisions authorizing the Surgeon General to make grants to States to assist in comprehensive and continuing planning for their current and future health needs, authorizing appropriations therefor, setting out the requirements for an acceptable State plan for comprehensive State health planning, covering the allotting of the appropriated sums to the States, and the payment of the allotted funds, for provisions authorizing the Surgeon General, through the use of grants and other assistance, to help local programs of prevention, treatment, and control of venereal diseases, covering the payment of the costs of assistance by personnel of the Public Health Service to assist in carrying out the purposes of the section with respect to venereal disease, and authorizing the appropriation of funds. Subsec. (b). Pub. L. 89-749 substituted provisions for project grants by the Surgeon General covering the development of comprehensive regional, metropolitan, or local coordination of existing and planned health facilities and persons required for providing services and the authorization of appropriations of $5,000,000 for fiscal 1967 and $7,500,000 for fiscal 1968 for provisions authorizing the appropriation of funds to enable the Surgeon General to aid in the development of measures for the local prevention, treatment, and control of tuberculosis. Subsec. (c). Pub. L. 89-749 substituted provisions for project grants for the development of improved or more effective comprehensive health planning throughout the United States and the authorization of appropriations of $1,500,000 for fiscal 1967 and $2,500,000 for fiscal 1968 for provisions authorizing the Surgeon General to assist, through grants and otherwise, in the establishment and maintenance of adequate public health services by States, counties, health districts, and other political subdivisions, authorizing appropriations therefor, and covering the allotment, payment, and allocation of appropriated funds. Subsec. (d). Pub. L. 89-749 substituted provisions authorizing grants by the Surgeon General to State health or mental health authorities to assist in establishing and maintaining adequate public health services, setting out the requirements for an acceptable State plan for the supplying of public health services, authorizing an appropriation of $62,500,000 for fiscal 1968, the allotment of appropriated funds, payments to States, and the determination of the Federal share for provisions covering the allotment of appropriated funds among the several States on the basis of population, incidence of venereal disease, tuberculosis, mental health problems, and the financial needs of the various States. Subsec. (e). Pub. L. 89-749 substituted provisions for project grants for health services development to public or private nonprofit agencies and for the authorization of an appropriation of $62,500,000 for fiscal 1968 for provisions covering the establishment and maintenance of community programs of heart disease control and the allotments and appropriations therefor. Subsec. (f). Pub. L. 89-749 substituted provisions covering the interchange of personnel with States, the application of statutes covering Federal employees to interchanged personnel, and the coverage of State officers and employees, for provisions for the determination and certification of amounts paid to each State from allotments thereto. Subsec. (g). Pub. L. 89-749 substituted provisions for consultation with State health planning agencies concerning regulations and amendments with respect to grants to States, the reduction of payments, cessation of payments for non-compliance, and definitions, for provisions limiting the expending of grant funds for purposes specified by statute and by the agency, organization, or institution to which payment was made. Subsecs. (h) to (m). Pub. L. 89-749 struck out subsecs. (h) to (m) which dealt, respectively, with requirement that State funds be provided for same purpose as that for which allotted funds are spent, cessation of Federal aid and procedures in connection therewith, promulgation of rules and regulations and consultation with State health authorities precedent thereto, availability of appropriated funds for administrative expenses including printing and travel expenses, applicability of section to Guam and Samoa, and reduction of payments commensurate to expense of detailing of Public Health Service personnel to States. 1965 - Subsec. (c). Pub. L. 89-109 substituted "first six fiscal years ending after June 30, 1961" for "first five fiscal years ending after June 30, 1961" and "$5,000,000" for "$2,500,000". 1962 - Subsec. (l). Pub. L. 87-688 inserted "and American Samoa", "or American Samoa", and "or American Samoa, respectively" after "Guam". 1961 - Subsec. (c). Pub. L. 87-395, Sec. 2(a)-(c), substituted "of the first five fiscal years ending after June 30, 1961, the sum of $50,000,000" for "fiscal year a sum not to exceed $30,000,000", "such amount as may be necessary" for "an amount, not to exceed $3,000,000", "$2,500,000" for "$1,000,000", and provided that when an appropriating act provides that the amounts it specifies are available only for allotments and payments for such services and activities under this subsection as specified in such act, the requirements of subsec. (h) shall apply to such allotments and payments. Subsec. (m). Pub. L. 87-395, Sec. 2(d), added subsec. (m). 1958 - Subsec. (c). Pub. L. 85-544 designated existing provisions of second sentence as cl. (1) and added cl. (2). 1956 - Subsec. (l). Act Aug. 1, 1956, added subsec. (l). 1948 - Subsec. (e). Act June 16, 1948, Sec. 5(a), added subsec. (e) to provide for community programs of heart disease control. Former subsec. (e) redesignated (f). Subsec. (f). Act June 16, 1948, Sec. 5(a), (b), redesignated former subsec. (e) as (f) and inserted proviso relating to determination and certification of amounts to be paid under subsec. (e). Former subsec. (f) redesignated (g). Subsec. (g). Act June 16, 1948, Sec. 5(a), (c), redesignated former subsec. (f) as (g) and brought subsecs. (e) and (f)(1) within the provisions of this subsection. Former subsec. (g) redesignated (h). Subsec. (h). Act June 16, 1948, Sec. 5(a), (d), redesignated former subsec. (g) as (h) and made subsection applicable to agencies, institutions or other organizations specified in subsec. (f)(1). Former subsec. (h) redesignated (i). Subsec. (i). Act June 16, 1948, Sec. 5(a), (e), redesignated former subsec. (h) as (i), made subsection applicable to subsec. (e), and made technical changes as a result of the renumbering of subsections. Former subsec. (i) redesignated (j). Subsecs. (j), (k). Act June 16, 1948, Sec. 5(a), redesignated former subsecs. (i) and (j) as (j) and (k), respectively. 1946 - Subsec. (c). Act July 3, 1946, increased annual appropriation from $20,000,000 to $30,000,000, and increased annual amount available to provide demonstrations and to train personnel for State and local health work from $2,000,000 to $3,000,000. Subsec. (d). Act July 3, 1946, provided that Surgeon General shall give special consideration to the extent of the mental health problem as well as other special problems. Subsecs. (f), (h), (i). Act July 3, 1946, provided that in matters relating to work in field of mental health Surgeon General shall deal with State mental health authorities where they differ from general health authorities. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as a note under section 238l of this title. EFFECTIVE DATE OF 1980 AMENDMENT Section 107(d) of Pub. L. 96-398 provided that the amendment made by that section is effective Sept. 30, 1981. See Repeals note below. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-79 effective one year after Oct. 4, 1979, see section 129(a) of Pub. L. 96-79. EFFECTIVE DATE OF 1978 AMENDMENTS Section 201(b)(2) of Pub. L. 95-626 provided that the amendment made by section is effective Oct. 1, 1979. Section 403(b) of Pub. L. 91-648, as added by section 602(c) of Pub. L. 95-454, provided that the repeal of subsec. (f) of this section (as applicable to commissioned officers of the Public Health Service) is effective beginning on the effective date of the Civil Service Reform Act of 1978, i.e., 90 days after Oct. 13, 1978. EFFECTIVE DATE OF 1975 AMENDMENT Section 102 of Pub. L. 94-63 provided that the amendment made by that section is effective with respect to grants made under subsec. (d) of this section from appropriations under such subsection for fiscal years beginning after June 30, 1975. Amendment by section 501(b) of Pub. L. 94-63 effective July 1, 1975, see section 608 of Pub. L. 94-63, set out as a note under section 247b of this title. EFFECTIVE DATE OF 1971 AMENDMENT Repeal of subsec. (f) of this section (less applicability to commissioned officers of the Public Health Service) by section 403(a) of Pub. L. 91-648, as amended by Pub. L. 94-454, Sec. 602(c), effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91-648, set out as an Effective Date note under section 3371 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1970 AMENDMENTS Section 260(c)(2) of Pub. L. 91-515 provided that: "The amendment made by paragraph (1) [amending this section] shall be effective with respect to grants under section 314(c) of the Public Health Service Act [subsec. (e) of this section] which are made after the date of enactment of this Act [Oct. 30, 1970.]" Section 401(b)(1) of Pub. L. 91-296 provided that the amendment made by that section is effective with respect to appropriations for fiscal years beginning after June 30, 1970. EFFECTIVE DATE OF 1967 AMENDMENT Section 2(d)(2), (f) of Pub. L. 90-174 provided that the amendments made by that section are effective July 1, 1968. Section 3(b) of Pub. L. 90-174 provided that the amendment of this section, the repeal of section 291n of this title, and the enactment of provisions set out as a note under section 242b of this title by such section 3(b) is effective with respect to appropriations for fiscal years ending after June 30, 1967. EFFECTIVE DATE OF 1966 AMENDMENT Section 6 of Pub. L. 89-749 provided in part that: "The amendments made by section 3 [amending this section] shall become effective as of July 1, 1966, except that the provisions of section 314 of the Public Health Service Act [this section] as in effect prior to the enactment of this Act shall be effective until July 1, 1967, in lieu of the provisions of subsections (d) and (e), and the provisions of subsections (g) insofar as they relate to such subsections (d) and (e), of section 314 of the Public Health Service Act [this section] as amended by this Act." EFFECTIVE DATE OF 1962 AMENDMENT Section 4(b) of Pub. L. 87-688 provided that: "The amendments made by this section [amending this section and sections 291g, 291i, and 291t of this title] shall become effective July 1, 1962." EFFECTIVE AND TERMINATION DATE OF 1958 AMENDMENT Section 2 of Pub. L. 85-544 provided that: "The amendment made by the first section of this Act [amending this section] shall be applicable only to the fiscal years beginning July 1, 1958, and July 1, 1959." EFFECTIVE DATE OF 1956 AMENDMENT Section 18 of act Aug. 1, 1956, provided that the amendment made by that section is effective July 1, 1956. REPEALS The directory language of, but not the amendment made by, Pub. L. 96-398, title I, Sec. 107(d), cited as a credit to this section and set out as an Effective Date of 1980 Amendment note above, which provided for repeal of subsec. (g) of this section, effective Sept. 30, 1981, was repealed by section 902(e)(1) of Pub. L. 97-35, title IX, Aug. 13, 1981, 95 Stat. 560, effective Oct. 1, 1981. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of Health and Human Services under subsecs. (a)(2)(F) and (d)(2)(F) of this section, insofar as relates to the prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see section 4728(a)(3)(C) of this title. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC2- YEAR 2000 HEALTH OBJECTIVES PLANNING Pub. L. 101-582, Nov. 15, 1990, 104 Stat. 2867, provided for grants for State plans regarding health objectives for year 2000, prior to repeal by Pub. L. 102-531, title I, Sec. 105, Oct. 27, 1992, 106 Stat. 3474. CONGRESSIONAL FINDINGS AND DECLARATION Section 201(b)(1) of Pub. L. 95-626 provided that: "The Congress finds and declares that - "(A) individual health status can be effectively and economically improved through an adequate investment in community public health programs and services; "(B) the Federal Government and the States and their communities share in the financial responsibility for funding public health programs; "(C) the Federal contribution to funds for public health programs should serve as an incentive to an additional investment by State and local governments; "(D) existing categorical programs of Federal financial assistance to combat specific public health problems should be supplemented by a national program of stable generic support for such public health activities as the prevention and control of environmental health hazards, prevention and control of diseases, prevention and control of health problems of particularly vulnerable population groups, and development and regulation of health care facilities and health services delivery systems; and "(E) the States and their communities, not the Federal Government, should have primary responsibility for identifying and measuring the impact of public health problems and the allocation of resources for their amelioration." Section 2 of Pub. L. 89-749 provided that: "(a) The Congress declares that fulfillment of our national purpose depends on promoting and assuring the highest level of health attainable for every person, in an environment which contributes positively to healthful individual and family living; that attainment of this goal depends on an effective partnership, involving close intergovernmental collaboration, official and voluntary efforts, and participation of individuals and organizations; that Federal financial assistance must be directed to support the marshaling of all health resources - national, State, and local - to assure comprehensive health services of high quality for every person, but without interference with existing patterns of private professional practice of medicine, dentistry, and related healing arts. "(b) To carry out such purpose, and recognizing the changing character of health problems, the Congress finds that comprehensive planning for health services, health manpower, and health facilities is essential at every level of government; that desirable administration requires strengthening the leadership and capacities of State health agencies; and that support of health services provided people in their communities should be broadened and made more flexible." Section 2 of act July 3, 1956, provided that: "(a) The Congress hereby finds and declares - "(1) that the latest information on the number and relevant characteristics of persons in the country suffering from heart disease, cancer, diabetes, arthritis and rheumatism, and other diseases, injuries, and handicapping conditions is now seriously out of date; and "(2) that periodic inventories providing reasonably current information on these matters are urgently needed for purposes such as (A) appraisal of the true state of health of our population (including both adults and children), (B) adequate planning of any programs to improve their health, (C) research in the field of chronic diseases, and (D) measurement of the numbers of persons in the working ages so disabled as to be unable to perform gainful work. "(b) It is, therefore, the purpose of this Act [see Short Title of 1956 Amendment note set out under section 201 of this title] to provide (1) for a continuing survey and special studies to secure on a non-compulsory basis accurate and current statistical information on the amount, distribution, and effects of illness and disability in the United States and the services received for or because of such conditions; and (2) for studying methods and survey techniques for securing such statistical information, with a view toward their continuing improvement." LIMITATION ON GRANTS-IN-AID TO SCHOOLS OF PUBLIC HEALTH Section 2 of Pub. L. 85-544, which had limited the authority of the Surgeon General to make grants-in-aid totaling not to exceed $1,000,000 annually to schools of public health for fiscal year beginning July 1, 1958, and July 1, 1959, was repealed by section 2 of Pub. L. 86-720, Sept. 8, 1960, 74 Stat. 820. GRANTS TO STATES TO PROVIDE FOR VACCINATION AGAINST POLIOMYELITIS The Poliomyelitis Vaccination Assistance Act of 1955, act Aug. 12, 1955, ch. 863, 69 Stat. 704, as amended Feb. 15, 1956, ch. 39, 70 Stat. 18, authorized appropriations to remain available until close of June 30, 1957 and provided for allotments to States, State application for funds, payments to States, use of funds paid to States, furnishing of vaccine by Surgeon General, diversion of Federal funds, supervision over exercise of functions, and definitions. APPLICABILITY OF REORGANIZATION PLAN NO. 3 OF 1966 Section 7 of Pub. L. 89-749 provided that: "The provisions enacted by this Act [amending this section and sections 242g and 243 of this title] shall be subject to the provisions of Reorganization Plan No. 3 of 1966 [set out as a note under section 202 of this title]." -End- -CITE- 42 USC Sec. 246a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 246a. Bureau of State Services management fund; establishment; advancements; availability -STATUTE- For the purpose of facilitating the economical and efficient conduct of operations in the Bureau of State Services which are financed by two or more appropriations where the costs of operation are not readily susceptible of distribution as charges to such appropriations, there is established the Bureau of State Services management fund. Such amounts as the Secretary may determine to represent a reasonable distribution of estimated costs among the various appropriations involved may be advanced each year to this fund and shall be available for expenditure for such costs under such regulations as may be prescribed by the Secretary: Provided, That funds advanced to this fund shall be available only in the fiscal year in which they are advanced: Provided further, That final adjustments of advances in accordance with actual costs shall be effected wherever practicable with the appropriations from which such funds are advanced. -SOURCE- (Pub. L. 86-703, title II, Sec. 201, Sept. 2, 1960, 74 Stat. 765; Pub. L. 91-515, title II, Sec. 282, Oct. 30, 1970, 84 Stat. 1308.) -COD- CODIFICATION Section was not enacted as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 1970 - Pub. L. 91-515 substituted "Secretary" for "Surgeon General" wherever appearing. -End- -CITE- 42 USC Sec. 247 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247. Omitted -MISC1- Section, act July 1, 1944, ch. 373, title III, Sec. 315, as added Oct. 4, 1988, Pub. L. 100-471, Sec. 1, 102 Stat. 2284, which related to grants for treatment drugs for acquired immune deficiency syndrome, ceased to exist Mar. 31, 1989, pursuant to subsec. (d) thereof. PRIOR PROVISIONS A prior section 247, act July 1, 1944, ch. 373, title III, Sec. 315, as added Nov. 10, 1978, Pub. L. 95-626, title II, Sec. 203, 92 Stat. 3578; amended July 10, 1979, Pub. L. 96-32, Sec. 6(h), 93 Stat. 83, related to formula grants to States for preventive health service programs, prior to repeal by Pub. L. 99-117, Sec. 12(b), Oct. 7, 1985, 99 Stat. 495. Another prior section 247, acts July 1, 1944, ch. 373, title III, Sec. 315, 58 Stat. 695; Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 282, 84 Stat. 1308, provided for publication of health educational information, prior to repeal by Pub. L. 93-353, title I, Sec. 102(a), July 23, 1974, 88 Stat. 362. See section 242o(b) of this title. -End- -CITE- 42 USC Sec. 247a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247a. Family support groups for Alzheimer's disease patients -STATUTE- (a) Establishment; priorities Subject to available appropriations, the Secretary, acting through the National Institute of Mental Health, the National Institutes of Health, and the Administration on Aging, shall promote the establishment of family support groups to provide, without charge, educational, emotional, and practical support to assist individuals with Alzheimer's disease or a related memory disorder and members of the families of such individuals. In promoting the establishment of such groups, the Secretary shall give priority to - (1) university medical centers and other appropriate health care facilities which receive Federal funds from the Secretary and which conduct research on Alzheimer's disease or provide services to individuals with such disease; and (2) community-based programs which receive funds from the Secretary, acting through the Administration on Aging. (b) National network to coordinate groups The Secretary shall promote the establishment of a national network to coordinate the family support groups described in subsection (a) of this section. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 316, as added Pub. L. 99- 319, title IV, Sec. 401, May 23, 1986, 100 Stat. 489; amended Pub. L. 103-43, title XX, Sec. 2008(a), June 10, 1993, 107 Stat. 210.) -MISC1- PRIOR PROVISIONS A prior section 247a, act July 1, 1944, ch. 373, title III, Sec. 316, as added Nov. 10, 1978, Pub. L. 95-626, title II, Sec. 208(a), 92 Stat. 3586; amended Aug. 13, 1981, Pub. L. 97-35, title XXI, Sec. 2193(a)(1)(A), 95 Stat. 826, related to lead-based paint poisoning prevention programs, prior to repeal by Pub. L. 97-35, title XXI, Sec. 2193(b)(1), Aug. 13, 1981, 95 Stat. 827. Another prior section 247a, act July 1, 1944, ch. 373, title III, Sec. 316, as added Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 281, 84 Stat. 1307, provided for establishment, composition, qualifications of members, terms of office, vacancies, reappointment, compensation, travel expenses, and functions of National Advisory Council on Comprehensive Health Planning Programs, prior to repeal by Pub. L. 93-641, Sec. 5(d), Jan. 4, 1975, 88 Stat. 2275. AMENDMENTS 1993 - Subsec. (c). Pub. L. 103-43 struck out subsec. (c) which read as follows: "The Secretary shall report to Congress, not later than one year after May 23, 1986, on family support groups and the network of such groups established pursuant to this section." -End- -CITE- 42 USC Sec. 247b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b. Project grants for preventive health services -STATUTE- (a) Grant authority The Secretary may make grants to States, and in consultation with State health authorities, to political subdivisions of States and to other public entities to assist them in meeting the costs of establishing and maintaining preventive health service programs. (b) Application No grant may be made under subsection (a) of this section unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be in such form and be submitted in such manner as the Secretary shall by regulation prescribe and shall provide - (1) a complete description of the type and extent of the program for which the applicant is seeking a grant under subsection (a) of this section; (2) with respect to each such program (A) the amount of Federal, State, and other funds obligated by the applicant in its latest annual accounting period for the provision of such program, (B) a description of the services provided by the applicant in such program in such period, (C) the amount of Federal funds needed by the applicant to continue providing such services in such program, and (D) if the applicant proposes changes in the provision of the services in such program, the priorities of such proposed changes, reasons for such changes, and the amount of Federal funds needed by the applicant to make such changes; (3) assurances satisfactory to the Secretary that the program which will be provided with funds under a grant under subsection (a) of this section will be provided in a manner consistent with the State health plan in effect under section 300m-3(c) (!1) of this title and in those cases where the applicant is a State, that such program will be provided, where appropriate, in a manner consistent with any plans in effect under an application approved under section 247 (!1) of this title; (4) assurances satisfactory to the Secretary that the applicant will provide for such fiscal control and fund accounting procedures as the Secretary by regulation prescribes to assure the proper disbursement of and accounting for funds received under grants under subsection (a) of this section; (5) assurances satisfactory to the Secretary that the applicant will provide for periodic evaluation of its program or programs; (6) assurances satisfactory to the Secretary that the applicant will make such reports (in such form and containing such information as the Secretary may by regulation prescribe) as the Secretary may reasonably require and keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness of, and to verify, such reports; (7) assurances satisfactory to the Secretary that the applicant will comply with any other conditions imposed by this section with respect to grants; and (8) such other information as the Secretary may by regulation prescribe. (c) Approval; annual project review (1) The Secretary shall not approve an application submitted under subsection (b) of this section for a grant for a program for which a grant was previously made under subsection (a) of this section unless the Secretary determines - (A) the program for which the application was submitted is operating effectively to achieve its stated purpose, (B) the applicant complied with the assurances provided the Secretary when applying for such previous grant, and (C) the applicant will comply with the assurances provided with the application. (2) The Secretary shall review annually the activities undertaken by each recipient of a grant under subsection (a) of this section to determine if the program assisted by such grant is operating effectively to achieve its stated purposes and if the recipient is in compliance with the assurances provided the Secretary when applying for such grant. (d) Amount of grant; payment The amount of a grant under subsection (a) of this section shall be determined by the Secretary. Payments under such grants may be made in advance on the basis of estimates or by the way of reimbursement, with necessary adjustments on account of underpayments or overpayments, and in such installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes of such grants. (e) Reduction The Secretary, at the request of a recipient of a grant under subsection (a) of this section, may reduce the amount of such grant by - (1) the fair market value of any supplies (including vaccines and other preventive agents) or equipment furnished the grant recipient, and (2) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the grant recipient and the amount of any other costs incurred in connection with the detail of such officer or employee, when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such grant recipient and for the purpose of carrying out a program with respect to which the grant under subsection (a) of this section is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such grant is based, and such amount shall be deemed as part of the grant and shall be deemed to have been paid to the grant recipient. (f) Recordkeeping; audit authority (1) Each recipient of a grant under subsection (a) of this section shall keep such records as the Secretary shall by regulation prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the undertaking in connection with which such grant was made, and the amount of that portion of the cost of the undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of grants under subsection (a) of this section that are pertinent to such grants. (g) Use of grant funds; mandatory treatment prohibited (1) Nothing in this section shall limit or otherwise restrict the use of funds which are granted to a State or to an agency or a political subdivision of a State under provisions of Federal law (other than this section) and which are available for the conduct of preventive health service programs from being used in connection with programs assisted through grants under subsection (a) of this section. (2) Nothing in this section shall be construed to require any State or any agency or political subdivision of a State to have a preventive health service program which would require any person, who objects to any treatment provided under such a program, to be treated or to have any child or ward treated under such program. (h) Reports The Secretary shall include, as part of the report required by section 300u-4 of this title, a report on the extent of the problems presented by the diseases and conditions referred to in subsection (j) of this section; on the amount of funds obligated under grants under subsection (a) of this section in the preceding fiscal year for each of the programs listed in subsection (j) of this section; and on the effectiveness of the activities assisted under grants under subsection (a) of this section in controlling such diseases and conditions. (i) Technical assistance The Secretary may provide technical assistance to States, State health authorities, and other public entities in connection with the operation of their preventive health service programs. (j) Authorization of appropriations (1) Except for grants for immunization programs the authorization of appropriations for which are established in paragraph (2), for grants under subsections (a) and (k)(1) of this section for preventive health service programs to immunize without charge children, adolescents, and adults against vaccine-preventable diseases, there are authorized to be appropriated such sums as may be necessary. Not more than 10 percent of the total amount appropriated under the preceding sentence for any fiscal year shall be available for grants under subsection (k)(1) of this section for such fiscal year. (2) For grants under subsection (a) of this section for preventive health service programs for the provision without charge of immunizations with vaccines approved for use, and recommended for routine use, there are authorized to be appropriated such sums as may be necessary. (k) Additional grants to States, political subdivisions, and other public and nonprofit private entities (1) The Secretary may make grants to States, political subdivisions of States, and other public and nonprofit private entities for - (A) research into the prevention and control of diseases that may be prevented through vaccination; (B) demonstration projects for the prevention and control of such diseases; (C) public information and education programs for the prevention and control of such diseases; and (D) education, training, and clinical skills improvement activities in the prevention and control of such diseases for health professionals (including allied health personnel). (2) The Secretary may make grants to States, political subdivisions of States, and other public and nonprofit private entities for - (A) research into the prevention and control of diseases and conditions; (B) demonstration projects for the prevention and control of such diseases and conditions; (C) public information and education programs for the prevention and control of such diseases and conditions; and (D) education, training, and clinical skills improvement activities in the prevention and control of such diseases and conditions for health professionals (including allied health personnel). (3) No grant may be made under this subsection unless an application therefor is submitted to the Secretary in such form, at such time, and containing such information as the Secretary may by regulation prescribe. (4) Subsections (d), (e), and (f) of this section shall apply to grants under this subsection in the same manner as such subsections apply to grants under subsection (a) of this section. (l) Authority to purchase recommended vaccines for adults (1) In general The Secretary may negotiate and enter into contracts with manufacturers of vaccines for the purchase and delivery of vaccines for adults as provided for under subsection (e). (2) State purchase A State may obtain additional quantities of such adult vaccines (subject to amounts specified to the Secretary by the State in advance of negotiations) through the purchase of vaccines from manufacturers at the applicable price negotiated by the Secretary under this subsection. (m) Demonstration program to improve immunization coverage (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a demonstration program to award grants to States to improve the provision of recommended immunizations for children, adolescents, and adults through the use of evidence-based, population-based interventions for high-risk populations. (2) State plan To be eligible for a grant under paragraph (1), a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a State plan that describes the interventions to be implemented under the grant and how such interventions match with local needs and capabilities, as determined through consultation with local authorities. (3) Use of funds Funds received under a grant under this subsection shall be used to implement interventions that are recommended by the Task Force on Community Preventive Services (as established by the Secretary, acting through the Director of the Centers for Disease Control and Prevention) or other evidence-based interventions, including - (A) providing immunization reminders or recalls for target populations of clients, patients, and consumers; (B) educating targeted populations and health care providers concerning immunizations in combination with one or more other interventions; (C) reducing out-of-pocket costs for families for vaccines and their administration; (D) carrying out immunization-promoting strategies for participants or clients of public programs, including assessments of immunization status, referrals to health care providers, education, provision of on-site immunizations, or incentives for immunization; (E) providing for home visits that promote immunization through education, assessments of need, referrals, provision of immunizations, or other services; (F) providing reminders or recalls for immunization providers; (G) conducting assessments of, and providing feedback to, immunization providers; (H) any combination of one or more interventions described in this paragraph; or (I) immunization information systems to allow all States to have electronic databases for immunization records. (4) Consideration In awarding grants under this subsection, the Secretary shall consider any reviews or recommendations of the Task Force on Community Preventive Services. (5) Evaluation Not later than 3 years after the date on which a State receives a grant under this subsection, the State shall submit to the Secretary an evaluation of progress made toward improving immunization coverage rates among high-risk populations within the State. (6) Report to Congress Not later than 4 years after March 23, 2010,(!1) the Secretary shall submit to Congress a report concerning the effectiveness of the demonstration program established under this subsection together with recommendations on whether to continue and expand such program. (7) Authorization of appropriations There is authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2010 through 2014. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317, as added Pub. L. 87- 868, Sec. 2, Oct. 23, 1962, 76 Stat. 1155; amended Pub. L. 89-109, Sec. 2, Aug. 5, 1965, 79 Stat. 435; Pub. L. 91-464, Sec. 2, Oct. 16, 1970, 84 Stat. 988; Pub. L. 92-449, title I, Sec. 101, Sept. 30, 1972, 86 Stat. 748; Pub. L. 93-354, Sec. 4, July 23, 1974, 88 Stat. 376; Pub. L. 94-63, title VI, Sec. 601, July 29, 1975, 89 Stat. 346; Pub. L. 94-317, title II, Sec. 202(a), June 23, 1976, 90 Stat. 700; Pub. L. 94-380, Sec. 2, Aug. 12, 1976, 90 Stat. 1113; Pub. L. 95-626, title II, Secs. 202, 204(b)(2), Nov. 10, 1978, 92 Stat. 3574, 3583; Pub. L. 96-32, Sec. 6(i), July 10, 1979, 93 Stat. 83; Pub. L. 97-35, title IX, Sec. 928, Aug. 13, 1981, 95 Stat. 569; Pub. L. 98-555, Sec. 2, Oct. 30, 1984, 98 Stat. 2854; Pub. L. 99- 117, Sec. 11(c), Oct. 7, 1985, 99 Stat. 495; Pub. L. 100-177, title I, Secs. 110(a), 111, Dec. 1, 1987, 101 Stat. 990, 991; Pub. L. 101-368, Sec. 2, Aug. 15, 1990, 104 Stat. 446; Pub. L. 101-502, Sec. 2(a), Nov. 3, 1990, 104 Stat. 1285; Pub. L. 103-183, title III, Sec. 301(b), Dec. 14, 1993, 107 Stat. 2235; Pub. L. 105-392, title III, Sec. 303, Nov. 13, 1998, 112 Stat. 3586; Pub. L. 106- 310, div. A, title XVII, Sec. 1711, Oct. 17, 2000, 114 Stat. 1152; Pub. L. 111-148, title IV, Sec. 4204(a)-(c), Mar. 23, 2010, 124 Stat. 571, 572.) -REFTEXT- REFERENCES IN TEXT Section 300m-3 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 99-660, title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799. Section 247 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 99-117, Sec. 12(b), Oct. 7, 1985, 99 Stat. 495. March 23, 2010, referred to in subsec. (m)(6), was in the original "the date of enactment of the Affordable Health Choices Act", and was translated as meaning the date of enactment of the Patient Protection and Affordable Care Act, Pub. L. 111-148, to reflect the probable intent of Congress. No act named the "Affordable Health Choices Act" has been enacted. -MISC1- AMENDMENTS 2010 - Subsec. (j)(1). Pub. L. 111-148, Sec. 4204(c)(1), struck out "for each of the fiscal years 1998 through 2005" after "necessary". Subsec. (j)(2). Pub. L. 111-148, Sec. 4204(c)(2), struck out "after October 1, 1997," after "routine use,". Subsecs. (l), (m). Pub. L. 111-148, Sec. 4204(a), (b), added subsecs. (l) and (m). 2000 - Subsec. (j)(1). Pub. L. 106-310 substituted "1998 through 2005" for "1998 through 2002" in first sentence. 1998 - Subsec. (j)(1). Pub. L. 105-392, Sec. 303(1), substituted "children, adolescents, and adults against vaccine-preventable diseases, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1998 through 2002." for "individuals against vaccine-preventable diseases, there are authorized to be appropriated $205,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1995." Subsec. (j)(2). Pub. L. 105-392, Sec. 303(2), substituted "1997" for "1990". 1993 - Subsec. (j). Pub. L. 103-183, Sec. 301(b)(1), redesignated subpars. (A) and (B) of par. (1) as pars. (1) and (2), respectively, substituted "established in paragraph (2)" for "established in subparagraph (B)" in par. (1), and struck out former par. (2), which read as follows: "For grants under subsection (a) of this section for preventive health service programs for the prevention, control, and elimination of tuberculosis, and for grants under subsection (k)(2) of this section, there are authorized to be appropriated $24,000,000 for fiscal year 1988, $31,000,000 for fiscal year 1989, $36,000,000 for fiscal year 1990, $36,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1995. Not more than 10 percent of the total amount appropriated under the preceding sentence for any fiscal year shall be available for grants under subsection (k)(2) of this section for such fiscal year." Subsec. (k)(2). Pub. L. 103-183, Sec. 301(b)(2)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "The Secretary may make grants to States, political subdivisions of States, and other public and nonprofit private entities for - "(A) research into the prevention, control, and elimination of tuberculosis, especially research concerning strains of tuberculosis resistant to drugs and research concerning cases of tuberculosis that affect certain populations; "(B) demonstration projects for the prevention, control, and elimination of tuberculosis; "(C) public information and education programs for prevention, control, and elimination of tuberculosis; and "(D) education, training, and clinical skills improvement activities in the prevention, control, and elimination of tuberculosis for health professionals, including allied health personnel." Subsec. (k)(3). Pub. L. 103-183, Sec. 301(b)(2)(B), redesignated par. (4) as (3). Former par. (3) redesignated (2). Subsec. (k)(4), (5). Pub. L. 103-183, Sec. 301(b)(2)(B), (C), redesignated par. (5) as (4) and made technical amendments to references to subsections (d), (e), and (f) of this section and subsection (a) of this section, to reflect change in references to corresponding provisions of original act. Former par. (4) redesignated (3). Subsec. (l). Pub. L. 103-183, Sec. 301(b)(3), struck out subsec. (l) which related to establishment and function of Advisory Council for the Elimination of Tuberculosis. 1990 - Subsec. (j)(1)(A). Pub. L. 101-502, Sec. 2(a)(1), substituted provisions authorizing appropriations for fiscal years 1991 through 1995 for provisions authorizing appropriations for fiscal years 1988 through 1990. Subsec. (j)(1)(B). Pub. L. 101-502, Sec. 2(a)(2), substituted Oct. 1, 1990, for Dec. 1, 1987, and provisions authorizing appropriations as may be necessary for provisions authorizing appropriations for fiscal years 1988 to 1990. Subsec. (j)(1)(C). Pub. L. 101-502, Sec. 2(a)(3), struck out subpar. (C) which, on the implementation of part 2 of subchapter XIX of this chapter, authorized appropriations for grants under subsec. (a) of this section for fiscal years 1988 to 1990. Subsec. (j)(2). Pub. L. 101-368, Sec. 2(c), inserted provisions authorizing appropriations of $36,000,000 for fiscal year 1991, and such sums as may be necessary for fiscal years 1992 through 1995. Pub. L. 101-368, Sec. 2(a)(1), substituted "preventive health service programs for the prevention, control, and elimination of tuberculosis" for "preventive health service programs for tuberculosis". Subsec. (k)(2)(A) to (D). Pub. L. 101-368, Sec. 2(a)(2), substituted "prevention, control, and elimination" for "prevention and control". Subsec. (l). Pub. L. 101-368, Sec. 2(b), added subsec. (l). 1987 - Subsec. (j). Pub. L. 100-177, Secs. 110(a), 111(a), amended subsec. (j) generally, substituting provisions authorizing appropriations for fiscal years 1988 to 1990 for grants under subsecs. (a) and (k) of this section for former provisions authorizing appropriations for fiscal years 1982 to 1987 for grants under subsec. (a) of this section. Subsec. (k). Pub. L. 100-177, Sec. 111(b), added subsec. (k). 1985 - Subsec. (j). Pub. L. 99-117 amended directory language of Pub. L. 97-35, Sec. 928(b), to correct a technical error. See 1981 Amendment note below. 1984 - Subsec. (j)(1). Pub. L. 98-555, Sec. 2(a), substituted "immunize individuals against vaccine-preventable diseases" for "immunize children against immunizable diseases" and inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1985, 1986, and 1987. Subsec. (j)(2). Pub. L. 98-555, Sec. 2(b), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1985, 1986, and 1987. 1981 - Subsec. (a). Pub. L. 97-35, Sec. 928(a), struck out par. (1) which related to grants to State health authorities, and redesignated par. (2) as entire section and, as so redesignated, struck out reference to former par. (1). Subsec. (j). Pub. L. 97-35, Sec. 928(b), as amended by Pub. L. 99- 117, substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984, for provisions setting forth appropriations through fiscal year ending Sept. 30, 1981, and provisions setting forth limitations, conditions, etc., for appropriations. 1979 - Subsec. (j)(4), (5). Pub. L. 96-32 added par. (4), redesignated former par. (4) as (5) and, in par. (5) as so redesignated, substituted "paragraph (1), (2), (3), or (4)" for "paragraph (1), (2), or (3)". 1978 - Pub. L. 95-626, Sec. 202, amended section generally, substituting provisions relating to project grants for preventive health services for provisions relating to grants for disease control programs. Subsec. (g)(2). Pub. L. 95-626, Sec. 204(b)(2), struck out "Except as provided in section 247c of this title," before "No funds appropriated under any provision of this chapter". 1976 - Pub. L. 94-317 amended section generally to include many non-communicable diseases as well as expanding coverage of communicable diseases, increased appropriations for grants, widened scope of Secretary's authority to make grants and enter into contracts to include nonprofit private entities, and required a report from the Secretary on the effectiveness of all Federal and other public and private activities in controlling the diseases covered under this section. Subsecs. (j) to (l). Pub. L. 94-380 added subsecs. (j) to (l). 1975 - Subsec. (d)(3). Pub. L. 94-63, Sec. 601(b), inserted authorization of appropriation for fiscal year 1976. Subsec. (h)(1). Pub. L. 94-63, Sec. 601(a), inserted reference to diseases borne by rodents. 1974 - Subsec. (a). Pub. L. 93-354, Sec. 4(1)-(3), substituted "communicable and other disease control" for "communicable disease control", "communicable and other diseases" for "communicable diseases", and "communicable and other disease control program" for "communicable disease program". Subsec. (b)(2)(C). Pub. L. 93-354, Sec. 4(1), (4), substituted "communicable or other disease" for "communicable disease" in cl. (i) and "communicable and other disease control" for "communicable disease control" in cl. (ii). Subsecs. (b)(3), (d)(1), (2), (3), (f)(1). Pub. L. 93-354, Sec. 4(1), substituted "communicable and other disease control" for "communicable disease control". Subsec. (h)(1). Pub. L. 93-354, Sec. 4(1), (5), substituted "communicable and other disease control" for "communicable disease control" in two places and inserted reference to diabetes mellitus. Subsec. (i). Pub. L. 93-354, Sec. 4(1), substituted "communicable and other disease control" for "communicable disease control". 1972 - Subsec. (a). Pub. L. 92-449 substituted provision for grants by the Secretary in consultation with the State health authority to agencies and political subdivisions of States, for former provision for grants by the Secretary with the approval of the State health authority to political subdivisions or instrumentalities of States, incorporated existing provisions in provision designated as cl. (1), inserting ", in the area served by the applicant for the grant,", substituted a cl. (2) reading "design of the applicant's communicable disease program to determine its effectiveness", for former provision reading "levels of performance in preventing and controlling such diseases", struck out appropriations authorization of $75,000,000 and $90,000,000 for fiscal years ending June 30, 1971, and 1972, now covered for subsequent years in subsec. (d), and struck out provision for use of grants to meet cost of studies to determine the control needs of communities and the means of best meeting such needs, now covered in subsec. (h)(1) of this section. Subsec. (b). Pub. L. 92-449 substituted provisions of par. (1) respecting applications for grants, submission, approval, form, and content of applications; par. (2) respecting application requirements; and par. (3) incorporating former subsec. (g) provisions respecting consent of individuals for former definitions provision now incorporated in subsec. (h) of this section. Subsec. (c). Pub. L. 92-449 designated existing provisions as par. (1) and among minor punctuation changes inserted "under grants" after "Payments"; and redesignated former subsec. (d) as par. (2), inserted "of the Government" after "officer or employee", substituted "in detailing the personnel" for "personal services", and struck out provision that reduced amount shall, for purposes of subsec. (c), be deemed to have been paid to the agency. Subsec. (d). Pub. L. 92-449 substituted provisions respecting authorization of appropriations and limitation on use of funds for provisions respecting grant reduction. Subsec. (e). Pub. L. 92-449 substituted provisions for emergency plan development and authorization of appropriations for provisions relating to use of funds. Subsec. (f). Pub. L. 92-449 substituted provisions respecting conditional limitation on use of funds for provisions for an annual report. Subsec. (g). Pub. L. 92-449 incorporated former subsec. (f) provisions in introductory text and cl. (3), prescribed a January 1 submission date, and inserted provisions of cls. (1), (2), and (4). Former subsec. (g) consent of individuals provision respecting communicable disease control and vaccination assistance were covered in subsec. (b)(3) of this section and section 247c(h) of this title. Subsec. (h). Pub. L. 92-449 redesignated former subsec. (b) as (h), substituted in introductory text "this section" for "this subsection", and in par. (1) struck out "venereal disease" after "tuberculosis,", inserted "(other than venereal disease)" after "other communicable diseases", and included in definition of "communicable disease control program" vaccination programs, laboratory services, and control studies. Subsec. (i). Pub. L. 92-449 redesignated former subsec. (e) as (i), inserted reference to agency of a State, and substituted "under provisions of Federal law (other than this chapter)" for "under other provisions of this chapter or other Federal law". 1970 - Subsec. (a). Pub. L. 91-464 authorized appropriation of $75,000,000 for fiscal year ending June 30, 1971, and $90,000,000 for fiscal year ending June 30, 1972, and made award of grants dependent upon extent of communicable disease and success of programs and permitted use of grants for meeting cost of programs and studies to control communicable diseases and struck out reference to purchase of vaccines and use of grants for salaries and expenses of personnel and to authority of the Surgeon General. Subsec. (b). Pub. L. 91-464 substituted definitions of "communicable disease control program" and "State" for definition of "immunization program". Subsec. (c). Pub. L. 91-464 substituted reference to Secretary for reference to Surgeon General and struck out provisions relating to purchasing and furnishing of vaccines and requirement of obtaining assurances from recipients of grants. Subsec. (d). Pub. L. 91-464 substituted reference to Secretary for reference to Surgeon General and struck out reference to Public Health Service. Subsec. (e). Pub. L. 91-464 struck out reference to title V of the Social Security Act and substituted provisions for the use of funds for the conduct of communicable disease control programs for provisions for the purchase of vaccine or for organizing, promoting, conducting, or participating in immunization programs. Subsecs. (f), (g). Pub. L. 91-464 added subsecs. (f) and (g). 1965 - Subsec. (a). Pub. L. 89-109, Sec. 2(a), (b), (d)(1), inserted "and each of the next three fiscal years", substituted "any fiscal year ending prior to July 1, 1968" for "the fiscal years ending June 30, 1963, and June 30, 1964", "tetanus, and measles" for "and tetanus", "of preschool age" for "under the age of five years", and "immunization" for "intensive community vaccination", and permitted grants to be used to pay costs in connection with immunization of other infectious diseases. Subsec. (b). Pub. L. 89-109, Sec. 2(c), (d)(1), substituted "against the diseases referred to in subsection (a) of this section" for "against poliomyelitis, diphtheria, whooping cough, and tetanus", "of preschool age" for "who are under the age of five years" and "immunization" for "intensive community vaccination" in two places. Subsec. (c). Pub. L. 89-109, Sec. 2(d)(1), (e), inserted "on the basis of estimates" and "(with necessary adjustments on account of underpayments or overpayments)" in par. (1), and substituted "immunization" for "intensive community vaccination" in pars. (2) and (3). EFFECTIVE DATE OF 1978 AMENDMENT Section 202 of Pub. L. 95-626, as amended by Pub. L. 96-32, Sec. 6(g), July 10, 1979, 93 Stat. 83, provided that the amendment made by that section is effective Oct. 1, 1978. EFFECTIVE DATE OF 1976 AMENDMENT Section 202(a) of Pub. L. 94-317 provided that the amendment made by that section is effective with respect to grants under this section for fiscal years beginning after June 30, 1975. EFFECTIVE DATE OF 1975 AMENDMENT Section 608 of title VI of Pub. L. 94-63 provided that: "Except as may otherwise be specifically provided, the amendments made by this title [enacting sections 300c-21 and 300c-22 of this title, amending this section, and enacting provisions set out as notes under sections 289, 289k-2, and 1395x of this title] and by titles I [amending section 246 of this title and enacting provisions set out as notes under section 246 of this title], II [enacting sections 300a-6a and 300a-8 of this title, amending sections 300 and 300a-1 to 300a-4 of this title, repealing section 3505c of this title, and enacting provision set out as a note under section 300 of this title], III [enacting sections 2689 to 2689aa of this title, amending sections 2691 and 2693 to 2696 of this title, and enacting provisions set out as notes under section 2689 of this title], IV [amending sections 218 and 254b of this title and enacting provision set out as a note under section 254b of this title], and V [enacting section 254c of this title and amending section 246 of this title] of this Act shall take effect July 1, 1975. The amendments made by this title and by such titles to the provisions of law amended by this title and by such titles are made to such provisions as amended by title VII of this Act [amending sections 246, 254b, 300, 300a-1 to 300a-3 of this title and sections 2681, 2687, 2688a, 2688d, 2688j-1, 2688j-2, 2688l, 2688l- 1, 2688n-1, 2688o, and 2688u of this title]." EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92-449, title I, Sec. 102, Sept. 30, 1972, 86 Stat. 750, provided that: "The amendment made by section 101 of this title [amending this section] shall apply to grants made under section 317 of the Public Health Service Act [this section] after June 30, 1972, except that subsection (d) of such section as amended by section 101 [subsec. (d) of this section] shall take effect on the date of enactment of this Act [Sept. 30, 1972]." RULE OF CONSTRUCTION REGARDING ACCESS TO IMMUNIZATIONS Pub. L. 111-148, title IV, Sec. 4204(d), Mar. 23, 2010, 124 Stat. 572, provided that: "Nothing in this section [amending this section] (including the amendments made by this section), or any other provision of this Act [see Tables for classification] (including any amendments made by this Act) shall be construed to decrease children's access to immunizations." ASSISTANCE OF ADMINISTRATOR OF VETERANS' AFFAIRS IN ADMINISTRATION OF NATIONAL SWINE FLU IMMUNIZATION PROGRAM OF 1976; CLAIMS FOR DAMAGES Pub. L. 94-420, Sec. 3, Sept. 23, 1976, 90 Stat. 1301, provided that, in order to assist Secretary of Health, Education, and Welfare in carrying out National Swine Flu Immunization Program of 1976 pursuant to 42 U.S.C. 247b(j), as added by Pub. L. 94-380, Administrator of Veterans' Affairs, in accordance with 42 U.S.C. 247b(j), could authorize administration of vaccine, procured under such program and provided by Secretary at no cost to Veterans' Administration, to eligible veterans (voluntarily requesting such vaccine) in connection with provision of care for a disability under chapter 17 of title 38, in any health care facility under jurisdiction of Administrator, and provided for consideration and processing of claims and suits for damages for personal injury or death, in connection with administration of vaccine. STUDY BY SECRETARY OF SCOPE AND EXTENT OF LIABILITY ARISING OUT OF IMMUNIZATION PROGRAM; ALTERNATIVE PROTECTIVE APPROACHES; REPORT TO CONGRESS Section 3 of Pub. L. 94-380 directed Secretary to conduct a study of liability for personal injuries or death arising out of immunization programs and of alternative approaches to provide protection against such liability and report to Congress on findings of such study by Aug. 12, 1977. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 247b-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-1. Screenings, referrals, and education regarding lead poisoning -STATUTE- (a) Authority for grants (1) In general Subject to paragraph (2), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States and political subdivisions of States for the initiation and expansion of community programs designed - (A) to provide, for infants and children - (i) screening for elevated blood lead levels; (ii) referral for treatment of such levels; and (iii) referral for environmental intervention associated with such levels; and (B) to provide education about childhood lead poisoning. (2) Authority regarding certain entities With respect to a geographic area with a need for activities authorized in paragraph (1), in any case in which neither the State nor the political subdivision in which such area is located has applied for a grant under paragraph (1), the Secretary may make a grant under such paragraph to any grantee under section 254b, 254b, or 256a of this title (!1) for carrying out such activities in the area. (3) Provision of all services and activities through each grantee In making grants under paragraph (1), the Secretary shall ensure that each of the activities described in such paragraph is provided through each grantee under such paragraph. The Secretary may authorize such a grantee to provide the services and activities directly, or through arrangements with other providers. (b) Status as medicaid provider (1) In general Subject to paragraph (2), the Secretary may not make a grant under subsection (a) of this section unless, in the case of any service described in such subsection that is made available pursuant to the State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the State involved - (A) the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (B) the applicant will enter into an agreement with a provider under which the provider will provide the service, and the provider has entered into such a participation agreement and is qualified to receive such payments. (2) Waiver regarding certain secondary agreements (A) In the case of a provider making an agreement pursuant to paragraph (1)(B) regarding the provision of services, the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the provider does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits plan. (B) A determination by the Secretary of whether a provider referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the provider accepts voluntary donations regarding the provision of services to the public. (c) Priority in making grants In making grants under subsection (a) of this section, the Secretary shall give priority to applications for programs that will serve areas with a high incidence of elevated blood lead levels in infants and children. (d) Grant application No grant may be made under subsection (a) of this section, unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be in such form and shall be submitted in such manner as the Secretary shall prescribe and shall include each of the following: (1) A complete description of the program which is to be provided by or through the applicant. (2) Assurances satisfactory to the Secretary that the program to be provided under the grant applied for will include educational programs designed to - (A) communicate to parents, educators, and local health officials the significance and prevalence of lead poisoning in infants and children (including the sources of lead exposure, the importance of screening young children for lead, and the preventive steps that parents can take in reducing the risk of lead poisoning) which the program is designed to detect and prevent; and (B) communicate to health professionals and paraprofessionals updated knowledge concerning lead poisoning and research (including the health consequences, if any, of low-level lead burden; the prevalence of lead poisoning among all socioeconomic groupings; the benefits of expanded lead screening; and the therapeutic and other interventions available to prevent and combat lead poisoning in affected children and families). (3) Assurances satisfactory to the Secretary that the applicant will report on a quarterly basis the number of infants and children screened for elevated blood lead levels, the number of infants and children who were found to have elevated blood lead levels, the number and type of medical referrals made for such infants and children, the outcome of such referrals, and other information to measure program effectiveness. (4) Assurances satisfactory to the Secretary that the applicant will make such reports respecting the program involved as the Secretary may require. (5) Assurances satisfactory to the Secretary that the applicant will coordinate the activities carried out pursuant to subsection (a) of this section with related activities and services carried out in the State by grantees under title V or XIX of the Social Security Act [42 U.S.C. 701 et seq., 1396 et seq.]. (6) Assurances satisfactory to the Secretary that Federal funds made available under such a grant for any period will be so used as to supplement and, to the extent practical, increase the level of State, local, and other non-Federal funds that would, in the absence of such Federal funds, be made available for the program for which the grant is to be made and will in no event supplant such State, local, and other non-Federal funds. (7) Assurances satisfactory to the Secretary that the applicant will ensure complete and consistent reporting of all blood lead test results from laboratories and health care providers to State and local health departments in accordance with guidelines of the Centers for Disease Control and Prevention for standardized reporting as described in subsection (m) of this section. (8) Such other information as the Secretary may prescribe. (e) Relationship to services and activities under other programs (1) In general A recipient of a grant under subsection (a) of this section may not make payments from the grant for any service or activity to the extent that payment has been made, or can reasonably be expected to be made, with respect to such service or activity - (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (2) Applicability to certain secondary agreements for provision of services Paragraph (1) shall not apply in the case of a provider through which a grantee under subsection (a) of this section provides services under such subsection if the Secretary has provided a waiver under subsection (b)(2) of this section regarding the provider. (f) Method and amount of payment The Secretary shall determine the amount of a grant made under subsection (a) of this section. Payments under such grants may be made in advance on the basis of estimates or by way of reimbursement, with necessary adjustments on account of underpayments or overpayments, and in such installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes of such grants. Not more than 10 percent of any grant may be obligated for administrative costs. (g) Supplies, equipment, and employee detail The Secretary, at the request of a recipient of a grant under subsection (a) of this section, may reduce the amount of such grant by - (1) the fair market value of any supplies or equipment furnished the grant recipient; and (2) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the grant recipient and the amount of any other costs incurred in connection with the detail of such officer or employee; when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such grant recipient and for the purpose of carrying out a program with respect to which the grant under subsection (a) of this section is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such grant is based, and such amount shall be deemed as part of the grant and shall be deemed to have been paid to the grant recipient. (h) Records Each recipient of a grant under subsection (a) of this section shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the undertaking in connection with which such grant was made, and the amount of that portion of the cost of the undertaking supplied by other sources, and such other records as will facilitate an effective audit. (i) Audit and examination of records The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of a grant under subsection (a) of this section, that are pertinent to such grant. (j) Annual report (1) In general Not later than May 1 of each year, the Secretary shall submit to the Congress a report on the effectiveness during the preceding fiscal year of programs carried out with grants under subsection (a) of this section and of any programs that are carried out by the Secretary pursuant to subsection (l)(2) of this section. (2) Certain requirements Each report under paragraph (1) shall include, in addition to any other information that the Secretary may require, the following information: (A) The number of infants and children screened. (B) Demographic information on the population of infants and children screened, including the age and racial or ethnic status of such population. (C) The number of screening sites. (D) A description of the severity of the extent of the blood lead levels of the infants and children screened, expressed in categories of severity. (E) The sources of payment for the screenings. (F) The number of grantees that have established systems to ensure mandatory reporting of all blood lead tests from laboratories and health care providers to State and local health departments. (G) A comparison of the data provided pursuant to subparagraphs (A) through (F) with the equivalent data, if any, provided in the report under paragraph (1) preceding the report involved. (k) Indian tribes For purposes of this section, the term "political subdivision" includes Indian tribes. (l) Funding (1) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $40,000,000 for fiscal year 1993, and such sums as may be necessary for each of the fiscal years 1994 through 2005. (2) Allocation for other programs Of the amounts appropriated under paragraph (1) for any fiscal year, the Secretary may reserve not more than 20 percent for carrying out programs regarding the activities described in subsection (a) of this section in addition to the program of grants established in such subsection. (m) Guidelines for standardized reporting The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop national guidelines for the uniform reporting of all blood lead test results to State and local health departments. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317A, as added Pub. L. 100- 572, Sec. 3, Oct. 31, 1988, 102 Stat. 2887; amended Pub. L. 102- 531, title III, Sec. 303(a), Oct. 27, 1992, 106 Stat. 3484; Pub. L. 103-183, title VII, Sec. 705(a), Dec. 14, 1993, 107 Stat. 2241; Pub. L. 105-392, title IV, Sec. 404, Nov. 13, 1998, 112 Stat. 3588; Pub. L. 106-310, div. A, title XXV, Secs. 2501(a), (b), 2504, Oct. 17, 2000, 114 Stat. 1161, 1164; Pub. L. 107-251, title VI, Sec. 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 108-163, Sec. 2(m)(1), Dec. 6, 2003, 117 Stat. 2023.) -REFTEXT- REFERENCES IN TEXT The reference to section 254b of this title the first place appearing, referred to in subsec. (a)(2), was in the original a reference to section 329, meaning section 329 of act July 1, 1944, which was omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of this subchapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Section 256a of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 3645. The Social Security Act, referred to in subsecs. (b)(1) and (d)(5), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of the Act are classified generally to subchapters V (Sec. 701 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC1- PRIOR PROVISIONS A prior section 247b-1, Pub. L. 95-626, title IV, Sec. 401, Nov. 10, 1978, 92 Stat. 3590; S. Res. 30, Mar. 7, 1979; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; H. Res. 549, Mar. 25, 1980, related to demonstration and evaluation of optimal methods for organizing and delivering comprehensive preventive health services to defined populations, prior to repeal by Pub. L. 97-35, title IX, Sec. 902(a), (h), Aug. 13, 1981, 95 Stat. 559, 561, eff. Oct. 1, 1981. AMENDMENTS 2003 - Subsec. (a)(2). Pub. L. 108-163 substituted "254b" for "254c, 254b(h)" before ", or". 2002 - Subsec. (a)(2). Pub. L. 107-251 substituted "254b(h)" for "256". 2000 - Subsec. (d)(7), (8). Pub. L. 106-310, Sec. 2501(a)(1), added par. (7) and redesignated former par. (7) as (8). Subsec. (j)(2)(F), (G). Pub. L. 106-310, Sec. 2501(a)(2), added subpar. (F), redesignated former subpar. (F) as (G), and substituted "(F)" for "(E)". Subsec. (l)(1). Pub. L. 106-310, Sec. 2504, substituted "1994 through 2005" for "1994 through 2002". Subsec. (m). Pub. L. 106-310, Sec. 2501(b), added subsec. (m). 1998 - Subsec. (l)(1). Pub. L. 105-392 substituted "2002" for "1998". 1993 - Subsec. (l)(1). Pub. L. 103-183 substituted "through 1998" for "through 1997". 1992 - Pub. L. 102-531 amended section generally, substituting present provisions for provisions relating to grants to States for lead poisoning prevention, grant applications, conditions for approval, method and amount of payment, reduction of amount, recordkeeping and audits, inclusion of Indian tribes as grant recipients, and authorization of appropriations. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-163 deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as a note under section 233 of this title. DEVELOPMENT AND IMPLEMENTATION OF EFFECTIVE DATA MANAGEMENT BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION Pub. L. 106-310, div. A, title XXV, Sec. 2501(c), Oct. 17, 2000, 114 Stat. 1161, provided that: "(1) In general. - The Director of the Centers for Disease Control and Prevention shall - "(A) assist with the improvement of data linkages between State and local health departments and between State health departments and the Centers for Disease Control and Prevention; "(B) assist States with the development of flexible, comprehensive State-based data management systems for the surveillance of children with lead poisoning that have the capacity to contribute to a national data set; "(C) assist with the improvement of the ability of State-based data management systems and federally-funded means-tested public benefit programs (including the special supplemental food program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) and the early head start program under section 645A of the Head Start Act (42 U.S.C. 9840a(h)) to respond to ad hoc inquiries and generate progress reports regarding the lead blood level screening of children enrolled in those programs; "(D) assist States with the establishment of a capacity for assessing how many children enrolled in the Medicaid, WIC, early head start, and other federally-funded means-tested public benefit programs are being screened for lead poisoning at age- appropriate intervals; "(E) use data obtained as result of activities under this section to formulate or revise existing lead blood screening and case management policies; and "(F) establish performance measures for evaluating State and local implementation of the requirements and improvements described in subparagraphs (A) through (E). "(2) Authorization of appropriations. - There are authorized to be appropriated to carry out this subsection such sums as may be necessary for each [sic] the fiscal years 2001 through 2005. "(3) Effective date. - This subsection takes effect on the date of the enactment of this Act [Oct. 17, 2000]." -FOOTNOTE- (!1) See References in Text notes below. -End- -CITE- 42 USC Sec. 247b-2 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-2. Repealed. -MISC1- Sec. 247b-2. Repealed. Pub. L. 97-35, title IX, Sec. 902(a), Aug. 13, 1981, 95 Stat. 559. Section, Pub. L. 95-626, title IV, Sec. 402, Nov. 10, 1978, 92 Stat. 3591; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, related to deterrence of smoking and alcoholic beverage use among children and adolescents. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97- 35, set out as an Effective Date of 1981 Amendment note under section 300aaa-12 of this title. -End- -CITE- 42 USC Sec. 247b-3 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-3. Education, technology assessment, and epidemiology regarding lead poisoning -STATUTE- (a) Prevention (1) Public education The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to educate health professionals and paraprofessionals and the general public on the prevention of lead poisoning in infants and children. In carrying out the program, the Secretary shall make available information concerning the health effects of low-level lead toxicity, the causes of lead poisoning, and the primary and secondary preventive measures that may be taken to prevent such poisoning. (2) Interagency Task Force (A) Not later than 6 months after October 27, 1992, the Secretary shall establish a council to be known as the Interagency Task Force on the Prevention of Lead Poisoning (in this paragraph referred to as the "Task Force"). The Task Force shall coordinate the efforts of Federal agencies to prevent lead poisoning. (B) The Task Force shall be composed of - (i) the Secretary, who shall serve as the chair of the Task Force; (ii) the Secretary of Housing and Urban Development; (iii) the Administrator of the Environmental Protection Agency; and (iv) senior staff of each of the officials specified in clauses (i) through (iii), as selected by the officials respectively. (C) The Task Force shall - (i) review, evaluate, and coordinate current strategies and plans formulated by the officials serving as members of the Task Force, including - (I) the plan of the Secretary of Health and Human Services entitled "Strategic Plan for the Elimination of Lead Poisoning", dated February 21, 1991; (II) the plan of the Secretary of Housing and Urban Development entitled "Comprehensive and Workable Plan for the Abatement of Lead-Based Paint in Privately Owned Housing", dated December 7, 1990; and (III) the strategy of the Administrator of the Environmental Protection Agency entitled "Strategy for Reducing Lead Exposures", dated February 21, 1991; (ii) develop a unified implementation plan for programs that receive Federal financial assistance for activities related to the prevention of lead poisoning; (iii) establish a mechanism for sharing and disseminating information among the agencies represented on the Task Force; (iv) identify the most promising areas of research and education concerning lead poisoning; (v) identify the practical and technological constraints to expanding lead poisoning prevention; (vi) annually carry out a comprehensive review of Federal programs providing assistance to prevent lead poisoning, and not later than May 1 of each year, submit to the Committee on Labor and Human Resources of the Senate and the Committee on the Environment and Public Works of the Senate, and to the Committee on Energy and Commerce of the House of Representatives, a report that summarizes the findings made as a result of such review and that contains the recommendations of the Task Force on the programs and policies with respect to which the Task Force is established, including related budgetary recommendations; and (vii) annually review and coordinate departmental and agency budgetary requests with respect to all lead poisoning prevention activities of the Federal Government. (b) Technology assessment and epidemiology The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, directly or through grants or contracts - (1) provide for the development of improved, more cost- effective testing measures for detecting lead toxicity in children; (2) provide for the development of improved methods of assessing the prevalence of lead poisoning, including such methods as may be necessary to conduct individual assessments for each State; (3) provide for the collection of data on the incidence and prevalence of lead poisoning of infants and children, on the demographic characteristics of infants and children with such poisoning (including racial and ethnic status), and on the source of payment for treatment for such poisoning (including the extent to which insurance has paid for such treatment); and (4) provide for any applied research necessary to improve the effectiveness of programs for the prevention of lead poisoning in infants and children. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317B, as added Pub. L. 102- 531, title III, Sec. 303(b), Oct. 27, 1992, 106 Stat. 3488; amended Pub. L. 103-43, title XX, Sec. 2008(i)(1)(B)(i), June 10, 1993, 107 Stat. 212.) -MISC1- AMENDMENTS 1993 - Pub. L. 103-43 made technical amendment to directory language of Pub. L. 102-531, Sec. 303(b), which enacted this section. -CHANGE- CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. -End- -CITE- 42 USC Sec. 247b-3a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-3a. Training and reports by the Health Resources and Services Administration -STATUTE- (a) Training The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and in collaboration with the Administrator of the Centers for Medicare & Medicaid Services and the Director of the Centers for Disease Control and Prevention, shall conduct education and training programs for physicians and other health care providers regarding childhood lead poisoning, current screening and treatment recommendations and requirements, and the scientific, medical, and public health basis for those policies. (b) Report The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, annually shall report to Congress on the number of children who received services through health centers established under section 254b of this title and received a blood lead screening test during the prior fiscal year, noting the percentage that such children represent as compared to all children who received services through such health centers. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each (!1) the fiscal years 2001 through 2005. -SOURCE- (Pub. L. 106-310, div. A, title XXV, Sec. 2503, Oct. 17, 2000, 114 Stat. 1163; Pub. L. 108-173, title IX, Sec. 900(e)(6)(E), Dec. 8, 2003, 117 Stat. 2374.) -COD- CODIFICATION Section was enacted as part of the Children's Health Act of 2000, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 2003 - Subsec. (a). Pub. L. 108-173 substituted "Centers for Medicare & Medicaid Services" for "Health Care Financing Administration". -FOOTNOTE- (!1) So in original. Probably should be followed by "of". -End- -CITE- 42 USC Sec. 247b-4 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-4. National Center on Birth Defects and Developmental Disabilities -STATUTE- (a) In general (1) National Center There is established within the Centers for Disease Control and Prevention a center to be known as the National Center on Birth Defects and Developmental Disabilities (referred to in this section as the "Center"), which shall be headed by a director appointed by the Director of the Centers for Disease Control and Prevention. (2) General duties The Secretary shall carry out programs - (A) to collect, analyze, and make available data on birth defects, developmental disabilities, and disabilities and health (in a manner that facilitates compliance with subsection (c)(2) of this section), including data on the causes of such defects and disabilities and on the incidence and prevalence of such defects and disabilities; (B) to operate regional centers for the conduct of applied epidemiological research on the prevention of such defects and disabilities; (C) to provide information and education to the public on the prevention of such defects and disabilities; (D) to conduct research on and to promote the prevention of such defects and disabilities, and secondary health conditions among individuals with disabilities; and (E) to support a National Spina Bifida Program to prevent and reduce suffering from the Nation's most common permanently disabling birth defect. (3) Folic acid The Secretary shall carry out section 247b-11 of this title through the Center. (4) Certain programs (A) Transfers All programs and functions described in subparagraph (B) are transferred to the Center, effective upon the expiration of the 180-day period beginning on October 17, 2000. (B) Relevant programs The programs and functions described in this subparagraph are all programs and functions that - (i) relate to birth defects; folic acid; cerebral palsy; intellectual disabilities; child development; newborn screening; autism; fragile X syndrome; fetal alcohol syndrome; pediatric genetic disorders; disability prevention; or other relevant diseases, disorders, or conditions as determined (!1) the Secretary; and (ii) were carried out through the National Center for Environmental Health as of the day before October 17, 2000. (C) Related transfers Personnel employed in connection with the programs and functions specified in subparagraph (B), and amounts available for carrying out the programs and functions, are transferred to the Center, effective upon the expiration of the 180-day period beginning on October 17, 2000. Such transfer of amounts does not affect the period of availability of the amounts, or the availability of the amounts with respect to the purposes for which the amounts may be expended. (b) Grants and contracts (1) In general In carrying out subsection (a) of this section, the Secretary may make grants to and enter into contracts with public and nonprofit private entities. (2) Supplies and services in lieu of award funds (A) Upon the request of a recipient of an award of a grant or contract under paragraph (1), the Secretary may, subject to subparagraph (B), provide supplies, equipment, and services for the purpose of aiding the recipient in carrying out the purposes for which the award is made and, for such purposes, may detail to the recipient any officer or employee of the Department of Health and Human Services. (B) With respect to a request described in subparagraph (A), the Secretary shall reduce the amount of payments under the award involved by an amount equal to the costs of detailing personnel and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. (3) Application for award The Secretary may make an award of a grant or contract under paragraph (1) only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out the purposes for which the award is to be made. (c) Biennial report Not later than February 1 of fiscal year 1999 and of every second such year thereafter, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, a report that, with respect to the preceding 2 fiscal years - (1) contains information regarding the incidence and prevalence of birth defects, developmental disabilities, and the health status of individuals with disabilities and the extent to which these conditions have contributed to the incidence and prevalence of infant mortality and affected quality of life; (2) contains information under paragraph (1) that is specific to various racial and ethnic groups (including Hispanics, non- Hispanic whites, Blacks, Native Americans, and Asian Americans); (3) contains an assessment of the extent to which various approaches of preventing birth defects, developmental disabilities, and secondary health conditions among individuals with disabilities have been effective; (4) describes the activities carried out under this section; (5) contains information on the incidence and prevalence of individuals living with birth defects and disabilities or developmental disabilities, information on the health status of individuals with disabilities, information on any health disparities experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals; (6) contains a summary of recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida; and (7) contains any recommendations of the Secretary regarding this section. (d) Applicability of privacy laws The provisions of this section shall be subject to the requirements of section 552a of title 5. All Federal laws relating to the privacy of information shall apply to the data and information that is collected under this section. (e) Advisory committee Notwithstanding any other provision of law, the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects and Developmental Disabilities effective on December 3, 2003. (f) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2003 through 2007. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317C, as added Pub. L. 102- 531, title III, Sec. 306(a), Oct. 27, 1992, 106 Stat. 3494; amended Pub. L. 103-43, title XX, Sec. 2008(i)(1)(B)(iii), June 10, 1993, 107 Stat. 213; Pub. L. 105-168, Sec. 2, Apr. 21, 1998, 112 Stat. 43; Pub. L. 106-310, div. A, title VI, Sec. 611, Oct. 17, 2000, 114 Stat. 1119; Pub. L. 108-154, Sec. 2, Dec. 3, 2003, 117 Stat. 1933; Pub. L. 111-256, Sec. 2(f)(1), Oct. 5, 2010, 124 Stat. 2644.) -MISC1- AMENDMENTS 2010 - Subsec. (a)(4)(B)(i). Pub. L. 111-256 substituted "intellectual disabilities;" for "mental retardation;". 2003 - Subsec. (a)(2)(A). Pub. L. 108-154, Sec. 2(1)(A), substituted ", developmental disabilities, and disabilities and health" for "and developmental disabilities" and "subsection (c)(2)" for "subsection (d)(2)". Subsec. (a)(2)(D), (E). Pub. L. 108-154, Sec. 2(1)(B)-(D), added subpars. (D) and (E). Subsecs. (b), (c). Pub. L. 108-154, Sec. 2(2),(4), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to additional provisions regarding collection of data. Subsec. (d). Pub. L. 108-154, Sec. 2(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (d)(1). Pub. L. 108-154, Sec. 2(3)(A), added par. (1) and struck out former par. (1) which read as follows: "contains information regarding the incidence and prevalence of birth defects and the extent to which birth defects have contributed to the incidence and prevalence of infant mortality;". Subsec. (d)(3). Pub. L. 108-154, Sec. 2(3)(B), inserted ", developmental disabilities, and secondary health conditions among individuals with disabilities" after "defects". Subsec. (d)(5) to (7). Pub. L. 108-154, Sec. 2(3)(C)-(E), added pars. (5) and (6) and redesignated former par. (5) as (7). Subsec. (e). Pub. L. 108-154, Sec. 2(5), added subsec. (e). Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 108-154, Sec. 2(6) substituted "such sums as may be necessary for each of fiscal years 2003 through 2007." for "$30,000,000 for fiscal year 1999, $40,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 and 2002." 2000 - Pub. L. 106-310, Sec. 611(1), substituted "National Center on Birth Defects and Developmental Disabilities" for "Programs regarding birth defects" in section catchline. Subsec. (a). Pub. L. 106-310, Sec. 611(2), added subsec. (a) and struck out heading and text of former subsec. (a) relating to Secretary's responsibility, acting through the Centers for Disease Control and Prevention, to carry out programs regarding birth defects. Subsec. (b)(1). Pub. L. 106-310, Sec. 611(3), substituted "subsection (a)(2)(A) of this section" for "subsection (a)(1) of this section" in introductory provisions. 1998 - Pub. L. 105-168 amended section generally, substituting present provisions for provisions which directed Secretary to encourage and assist States in collection and analysis of epidemiological data on birth defects and to establish and maintain National Information Clearinghouse on Birth Defects, required report not later than July 1, 1993, and biennially thereafter, and authorized appropriations for fiscal years 1993, 1994, and 1995. 1993 - Pub. L. 103-43 made technical amendment to directory language of Pub. L. 102-531, Sec. 306(a), which enacted this section. -CHANGE- CHANGE OF NAME Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. -MISC2- CONGRESSIONAL FINDINGS Pub. L. 105-168, Sec. 1(b), Apr. 21, 1998, 112 Stat. 43, provided that: "Congress makes the following findings: "(1) Birth defects are the leading cause of infant mortality, directly responsible for one out of every five infant deaths. "(2) Thousands of the 150,000 infants born with a serious birth defect annually face a lifetime of chronic disability and illness. "(3) Birth defects threaten the lives of infants of all racial and ethnic backgrounds. However, some conditions pose excess risks for certain populations. For example, compared to all infants born in the United States, Hispanic-American infants are more likely to be born with anencephaly spina bifida and other neural tube defects and African-American infants are more likely to be born with sickle-cell anemia. "(4) Birth defects can be caused by exposure to environmental hazards, adverse health conditions during pregnancy, or genetic mutations. Prevention efforts are slowed by lack of information about the number and causes of birth defects. Outbreaks of birth defects may go undetected because surveillance and research efforts are underdeveloped and poorly coordinated. "(5) Public awareness strategies, such as programs using folic acid vitamin supplements to prevent spina bifida and alcohol avoidance programs to prevent Fetal Alcohol Syndrome, are essential to prevent the heartache and costs associated with birth defects." -CROSS- DEFINITIONS For meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111-256, see section 2(k) of Pub. L. 111-256, set out as a note under section 1400 of Title 20, Education. -FOOTNOTE- (!1) So in original. Probably should be followed by the word "by". -End- -CITE- 42 USC Sec. 247b-4a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-4a. Early detection, diagnosis, and interventions for newborns and infants with hearing loss -STATUTE- (a) Definitions For the purposes of this section only, the following terms in this section are defined as follows: (1) Hearing screening Newborn and infant hearing screening consists of objective physiologic procedures to detect possible hearing loss and to identify newborns and infants who, after rescreening, require further audiologic and medical evaluations. (2) Audiologic evaluation Audiologic evaluation consists of procedures to assess the status of the auditory system; to establish the site of the auditory disorder; the type and degree of hearing loss, and the potential effects of hearing loss on communication; and to identify appropriate treatment and referral options. Referral options should include linkage to State IDEA part C coordinating agencies or other appropriate agencies, medical evaluation, hearing aid/sensory aid assessment, audiologic rehabilitation treatment, national and local consumer, self-help, parent, and education organizations, and other family-centered services. (3) Medical evaluation Medical evaluation by a physician consists of key components including history, examination, and medical decision making focused on symptomatic and related body systems for the purpose of diagnosing the etiology of hearing loss and related physical conditions, and for identifying appropriate treatment and referral options. (4) Medical intervention Medical intervention is the process by which a physician provides medical diagnosis and direction for medical and/or surgical treatment options of hearing loss and/or related medical disorder associated with hearing loss. (5) Audiologic rehabilitation Audiologic rehabilitation (intervention) consists of procedures, techniques, and technologies to facilitate the receptive and expressive communication abilities of a child with hearing loss. (6) Early intervention Early intervention (e.g., nonmedical) means providing appropriate services for the child with hearing loss and ensuring that families of the child are provided comprehensive, consumer- oriented information about the full range of family support, training, information services, communication options and are given the opportunity to consider the full range of educational and program placements and options for their child. (b) Purposes The purposes of this section are to clarify the authority within the Public Health Service Act [42 U.S.C. 201 et seq.] to authorize statewide newborn and infant hearing screening, evaluation and intervention programs and systems, technical assistance, a national applied research program, and interagency and private sector collaboration for policy development, in order to assist the States in making progress toward the following goals: (1) All babies born in hospitals in the United States and its territories should have a hearing screening before leaving the birthing facility. Babies born in other countries and residing in the United States via immigration or adoption should have a hearing screening as early as possible. (2) All babies who are not born in hospitals in the United States and its territories should have a hearing screening within the first 3 months of life. (3) Appropriate audiologic and medical evaluations should be conducted by 3 months for all newborns and infants suspected of having hearing loss to allow appropriate referral and provisions for audiologic rehabilitation, medical and early intervention before the age of 6 months. (4) All newborn and infant hearing screening programs and systems should include a component for audiologic rehabilitation, medical and early intervention options that ensures linkage to any new and existing statewide systems of intervention and rehabilitative services for newborns and infants with hearing loss. (5) Public policy in regard to newborn and infant hearing screening and intervention should be based on applied research and the recognition that newborns, infants, toddlers, and children who are deaf or hard-of-hearing have unique language, learning, and communication needs, and should be the result of consultation with pertinent public and private sectors. (c) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems Under the existing authority of the Public Health Service Act [42 U.S.C. 201 et seq.], the Secretary of Health and Human Services (in this section referred to as the "Secretary"), acting through the Administrator of the Health Resources and Services Administration, shall make awards of grants or cooperative agreements to develop statewide newborn and infant hearing screening, evaluation and intervention programs and systems for the following purposes: (1) To develop and monitor the efficacy of statewide newborn and infant hearing screening, evaluation and intervention programs and systems. Early intervention includes referral to schools and agencies, including community, consumer, and parent- based agencies and organizations and other programs mandated by part C of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.], which offer programs specifically designed to meet the unique language and communication needs of deaf and hard-of-hearing newborns, infants, toddlers, and children. (2) To collect data on statewide newborn and infant hearing screening, evaluation and intervention programs and systems that can be used for applied research, program evaluation and policy development. (d) Technical assistance, data management, and applied research (1) Centers for Disease Control and Prevention Under the existing authority of the Public Health Service Act [42 U.S.C. 201 et seq.], the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements to provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation and intervention programs and systems. The program shall develop standardized procedures for data management and program effectiveness and costs, such as - (A) to ensure quality monitoring of newborn and infant hearing loss screening, evaluation, and intervention programs and systems; (B) to provide technical assistance on data collection and management; (C) to study the costs and effectiveness of newborn and infant hearing screening, evaluation and intervention programs and systems conducted by State-based programs in order to answer issues of importance to State and national policymakers; (D) to identify the causes and risk factors for congenital hearing loss; (E) to study the effectiveness of newborn and infant hearing screening, audiologic and medical evaluations and intervention programs and systems by assessing the health, intellectual and social developmental, cognitive, and language status of these children at school age; and (F) to promote the sharing of data regarding early hearing loss with State-based birth defects and developmental disabilities monitoring programs for the purpose of identifying previously unknown causes of hearing loss. (2) National Institutes of Health Under the existing authority of the Public Health Service Act, the Director of the National Institutes of Health, acting through the Director of the National Institute on Deafness and Other Communication Disorders, shall for purposes of this section, continue a program of research and development on the efficacy of new screening techniques and technology, including clinical studies of screening methods, studies on efficacy of intervention, and related research. (e) Coordination and collaboration (1) In general Under the existing authority of the Public Health Service Act [42 U.S.C. 201 et seq.], in carrying out programs under this section, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with other Federal agencies; State and local agencies, including those responsible for early intervention services pursuant to title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] (Medicaid Early and Periodic Screening, Diagnosis and Treatment Program); title XXI of the Social Security Act [42 U.S.C. 1397aa et seq.], (State Children's Health Insurance Program); title V of the Social Security Act [42 U.S.C. 701 et seq.] (Maternal and Child Health Block Grant Program); and part C of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.]; consumer groups of and that serve individuals who are deaf and hard-of- hearing and their families; appropriate national medical and other health and education specialty organizations; persons who are deaf and hard-of-hearing and their families; other qualified professional personnel who are proficient in deaf or hard-of- hearing children's language and who possess the specialized knowledge, skills, and attributes needed to serve deaf and hard- of-hearing newborns, infants, toddlers, children, and their families; third-party payers and managed care organizations; and related commercial industries. (2) Policy development Under the existing authority of the Public Health Service Act, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and State levels and with the private sector, including consumer, medical and other health and education professional-based organizations, with respect to newborn and infant hearing screening, evaluation and intervention programs and systems. (3) State early detection, diagnosis, and intervention programs and systems; data collection Under the existing authority of the Public Health Service Act, the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States to establish newborn and infant hearing screening, evaluation and intervention programs and systems under subsection (c) of this section and to develop a data collection system under subsection (d) of this section. (f) Rule of construction Nothing in this section shall be construed to preempt any State law. (g) Authorization of appropriations (1) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems For the purpose of carrying out subsection (c) of this section under the existing authority of the Public Health Service Act [42 U.S.C. 201 et seq.], there are authorized to the Health Resources and Services Administration appropriations in the amount of $5,000,000 for fiscal year 2000, $8,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal year 2002. (2) Technical assistance, data management, and applied research; Centers for Disease Control and Prevention For the purpose of carrying out subsection (d)(1) of this section under the existing authority of the Public Health Service Act, there are authorized to the Centers for Disease Control and Prevention, appropriations in the amount of $5,000,000 for fiscal year 2000, $7,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal year 2002. (3) Technical assistance, data management, and applied research; National Institute on Deafness and Other Communication Disorders For the purpose of carrying out subsection (d)(2) of this section under the existing authority of the Public Health Service Act, there are authorized to the National Institute on Deafness and Other Communication Disorders appropriations for such sums as may be necessary for each of the fiscal years 2000 through 2002. -SOURCE- (Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title VI, Sec. 601], Nov. 29, 1999, 113 Stat. 1535, 1501A-276.) -REFTEXT- REFERENCES IN TEXT The Public Health Service Act, referred to in subsecs. (b) to (e) and (g), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified generally to this chapter (Sec. 201 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. The Individuals with Disabilities Education Act, referred to in subsecs. (c)(1) and (e)(1), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, as amended. Part C of the Act is classified generally to subchapter III (Sec. 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Social Security Act, referred to in subsec. (e)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V, XIX, and XXI of the Act are classified generally to subchapters V (Sec. 701 et seq.), XIX (Sec. 1396 et seq.), and XXI (Sec. 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Departments of Labor, Health, and Human Services, and Education, and Related Agencies Appropriations Act, 2000, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Secs. 247b-4b to 247b-4d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Secs. 247b-4b to 247b-4d. Repealed. -MISC1- Secs. 247b-4b to 247b-4d. Repealed. Pub. L. 109-416, Sec. 3(b)(1)- (3), Dec. 19, 2006, 120 Stat. 2829. Section 247b-4b, Pub. L. 106-310, div. A, title I, Sec. 102, Oct. 17, 2000, 114 Stat. 1107, related to developmental disabilities surveillance and research programs. Section 247b-4c, Pub. L. 106-310, div. A, title I, Sec. 103, Oct. 17, 2000, 114 Stat. 1108, related to information and education. Section 247b-4d, Pub. L. 106-310, div. A, title I, Sec. 104, Oct. 17, 2000, 114 Stat. 1109, related to Inter-agency Autism Coordinating Committee. -End- -CITE- 42 USC Sec. 247b-4e 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-4e. Repealed. -MISC1- Sec. 247b-4e. Repealed. Pub. L. 109-416, Sec. 3(b)(4), Dec. 19, 2006, 120 Stat. 2829; Pub. L. 109-482, title I, Sec. 104(b)(3)(D), Jan. 15, 2007, 120 Stat. 3694. Section, Pub. L. 106-310, div. A, title I, Sec. 105, Oct. 17, 2000, 114 Stat. 1109, related to annual report to Congress concerning the implementation of this section and sections 247b-4b to 247b-4d and 284g of this title. EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 109-482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109-482, set out as an Effective Date of 2007 Amendment note under section 281 of this title. -End- -CITE- 42 USC Sec. 247b-4f 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-4f. Research relating to preterm labor and delivery and the care, treatment, and outcomes of preterm and low birthweight infants -STATUTE- (a) Omitted (b) Studies on relationship between prematurity and birth defects (1) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall, subject to the availability of appropriations, conduct ongoing epidemiological studies on the relationship between prematurity, birth defects, and developmental disabilities. (2) Report Not later than 2 years after December 22, 2006, and every 2 years thereafter, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the appropriate committees of Congress reports concerning the progress and any results of studies conducted under paragraph (1). (c) Pregnancy risk assessment monitoring survey (1) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall establish systems for the collection of maternal-infant clinical and biomedical information, including electronic health records, electronic databases, and biobanks, to link with the Pregnancy Risk Assessment Monitoring System (PRAMS) and other epidemiological studies of prematurity in order to track pregnancy outcomes and prevent preterm birth. (2) Authorization of appropriations There is authorized to be appropriated to carry out paragraph (1) $3,000,000 for each of fiscal years 2007 through 2011. (d) Evaluation of existing tools and measures The Secretary of Health and Human Services shall review existing tools and measures to ensure that such tools and measures include information related to the known risk factors of low birth weight and preterm birth. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, except for subsection (c), $5,000,000 for each of fiscal years 2007 through 2011. -SOURCE- (Pub. L. 109-450, Sec. 3, Dec. 22, 2006, 120 Stat. 3341.) -COD- CODIFICATION Section is comprised of section 3 of Pub. L. 109-450. Subsec. (a) of section 3 of Pub. L. 109-450 amended section 241 of this title. Section was enacted as part of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- PURPOSE Pub. L. 109-450, Sec. 2, Dec. 22, 2006, 120 Stat. 3341, provided that: "It is the purpose of this Act [enacting this section and sections 247b-4g and 280g-5 of this title and amending sections 241 and 280g-4 of this title] to - "(1) reduce rates of preterm labor and delivery; "(2) work toward an evidence-based standard of care for pregnant women at risk of preterm labor or other serious complications, and for infants born preterm and at a low birthweight; and "(3) reduce infant mortality and disabilities caused by prematurity." -End- -CITE- 42 USC Sec. 247b-4g 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-4g. Interagency Coordinating Council on Prematurity and Low Birthweight -STATUTE- (a) Purpose It is the purpose of this section to stimulate multidisciplinary research, scientific exchange, and collaboration among the agencies of the Department of Health and Human Services and to assist the Department in targeting efforts to achieve the greatest advances toward the goal of reducing prematurity and low birthweight. (b) Establishment The Secretary of Health and Human Services shall establish an Interagency Coordinating Council on Prematurity and Low Birthweight (referred to in this section as the Council) to carry out the purpose of this section. (c) Composition The Council shall be composed of members to be appointed by the Secretary, including representatives of the agencies of the Department of Health and Human Services. (d) Activities The Council shall - (1) annually report to the Secretary of Health and Human Services and Congress on current Departmental activities relating to prematurity and low birthweight; (2) carry out other activities determined appropriate by the Secretary of Health and Human Services; and (3) oversee the coordination of the implementation of this Act. -SOURCE- (Pub. L. 109-450, Sec. 5, Dec. 22, 2006, 120 Stat. 3343.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (d)(3), is Pub. L. 109-450, Dec. 22, 2006, 120 Stat. 3341, known as the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act and also as the PREEMIE Act. For complete classification of this Act to the Code, see Short Title of 2006 Amendment note set out under section 201 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 247b-5 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-5. Preventive health measures with respect to prostate cancer -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States and local health departments for the purpose of enabling such States and departments to carry out programs that may include the following: (1) To identify factors that influence the attitudes or levels of awareness of men and health care practitioners regarding screening for prostate cancer. (2) To evaluate, in consultation with the Agency for Health Care Policy and Research and the National Institutes of Health, the effectiveness of screening strategies for prostate cancer. (3) To identify, in consultation with the Agency for Health Care Policy and Research, issues related to the quality of life for men after prostrate (!1) cancer screening and followup. (4) To develop and disseminate public information and education programs for prostate cancer, including appropriate messages about the risks and benefits of prostate cancer screening for the general public, health care providers, policy makers and other appropriate individuals. (5) To improve surveillance for prostate cancer. (6) To address the needs of underserved and minority populations regarding prostate cancer. (7) Upon a determination by the Secretary, who shall take into consideration recommendations by the United States Preventive Services Task Force and shall seek input, where appropriate, from professional societies and other private and public entities, that there is sufficient consensus on the effectiveness of prostate cancer screening - (A) to screen men for prostate cancer as a preventive health measure; (B) to provide appropriate referrals for the medical treatment of men who have been screened under subparagraph (A) and to ensure, to the extent practicable, the provision of appropriate followup services and support services such as case management; (C) to establish mechanisms through which State and local health departments can monitor the quality of screening procedures for prostate cancer, including the interpretation of such procedures; and (D) to improve, in consultation with the Health Resources and Services Administration, the education, training, and skills of health practitioners (including appropriate allied health professionals) in the detection and control of prostate cancer. (8) To evaluate activities conducted under paragraphs (1) through (7) through appropriate surveillance or program monitoring activities. (b) Requirement of matching funds (1) In general The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees, with respect to the costs to be incurred by the applicant in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under paragraph (2)) toward such costs in an amount equal to not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. (2) Determination of amount of non-Federal contribution (A) Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (B) In making a determination of the amount of non-Federal contributions for purposes of paragraph (1), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the applicant involved toward the purpose described in subsection (a) of this section for the 2-year period preceding the fiscal year for which the applicant involved is applying to receive a grant under such subsection. (C) In making a determination of the amount of non-Federal contributions for purposes of paragraph (1), the Secretary shall, subject to subparagraphs (A) and (B) of this paragraph, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] by the applicant involved toward the purpose described in paragraphs (1) and (2) of subsection (a) of this section. (c) Education on significance of early detection The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees that, in carrying out subsection (a)(3) of this section, the applicant will carry out education programs to communicate to men, and to local health officials, the significance of the early detection of prostate cancer. (d) Requirement of provision of all services by date certain The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees - (1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of such subsection; (2) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in such subsection is provided; and (3) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section.(!2) (e) Additional required agreements (1) Priority for low-income men The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees that low-income men, and men at risk of prostate cancer, will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of such subsection. (2) Limitation on imposition of fees for services The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge - (A) will be made according to a schedule of charges that is made available to the public; (B) will be adjusted to reflect the income of the man involved; and (C) will not be imposed on any man with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 9902(2) of this title. (3) Relationship to items and services under other programs The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service - (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (4) Coordination with other prostate cancer programs The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees that the services and activities funded through the grant will be coordinated with other Federal, State, and local prostate cancer programs. (5) Limitation on administrative expenses The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. (6) Restrictions on use of grant The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees that the grant will not be expended to provide inpatient hospital services for any individual. (7) Records and audits The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees that - (A) the applicant will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursal of, and accounting for, amounts received by the applicant under such section; (!3) and (B) upon request, the applicant will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller of the United States for purposes of auditing the expenditures by the applicant of the grant. (f) Reports to Secretary The Secretary may not make a grant under subsection (a) of this section unless the applicant involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. (g) Description of intended uses of grant The Secretary may not make a grant under subsection (a) of this section unless - (1) the applicant involved submits to the Secretary a description of the purposes for which the applicant intends to expend the grant; (2) the description identifies the populations, areas, and localities in the applicant (!4) with a need for the services or activities described in subsection (a) of this section; (3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprivate entities; and (4) the description provides assurances that the grant funds will be used in the most cost-effective manner. (h) Requirement of submission of application The Secretary may not make a grant under subsection (a) of this section unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in subsection (g) of this section, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (i) Method and amount of payment The Secretary shall determine the amount of a grant made under subsection (a) of this section. Payments under such grants may be made in advance on the basis of estimates or by way of reimbursement, with necessary adjustments on account of the underpayments or overpayments, and in such installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes of such grants. (j) Technical assistance and provision of supplies and services in lieu of grant funds (1) Technical assistance The Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to subsection (a) of this section. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities. (2) Provision of supplies and services in lieu of grant funds (A) Upon the request of an applicant receiving a grant under subsection (a) of this section, the Secretary may, subject to subparagraph (B), provide supplies, equipment, and services for the purpose of aiding the applicant in carrying out such section and, for such purpose, may detail to the applicant any officer or employee of the Department of Health and Human Services. (B) With respect to a request described in subparagraph (A), the Secretary shall reduce the amount of payments under the grant under subsection (a) of this section to the applicant involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. (k) "Units of local government" defined For purposes of this section, the term "units of local government" includes Indian tribes. (l) Authorization of appropriations (1) In general For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for fiscal year 1993, and such sums as may be necessary for each of the fiscal years 1994 through 2004. (2) Allocation for technical assistance Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall reserve not more than 20 percent for carrying out subsection (j)(1) of this section. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317D, as added Pub. L. 102- 531, title III, Sec. 308, Oct. 27, 1992, 106 Stat. 3495; amended Pub. L. 103-43, title XX, Sec. 2010(i)(1)(B)(iv), June 10, 1993, 107 Stat. 213; Pub. L. 103-183, title VII, Sec. 705(b), Dec. 14, 1993, 107 Stat. 2241; Pub. L. 105-392, title IV, Sec. 401(a)(3), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 106-505, title VI, Sec. 602(a), Nov. 13, 2000, 114 Stat. 2345.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b)(2)(C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Act is classified generally to subchapter XIX (Sec. 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC1- AMENDMENTS 2000 - Subsec. (a). Pub. L. 106-505, Sec. 602(a)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States and local health departments for the purpose of enabling such States and departments to carry out programs - "(1) to screen men for prostate cancer as a preventive health measure; "(2) to provide appropriate referrals for medical treatment of men screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; "(3) to develop and disseminate public information and education programs for the detection and control of prostate cancer; "(4) to improve the education, training, and skills of health professionals (including appropriate allied health professionals) in the detection and control of prostate cancer; "(5) to establish mechanisms through which the States and such departments can monitor the quality of screening procedures for prostate cancer, including the interpretation of such procedures; and "(6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program monitoring activities." Subsec. (l)(1). Pub. L. 106-505, Sec. 602(a)(2), substituted "2004" for "1998". 1998 - Subsec. (l)(1). Pub. L. 105-392 made technical amendment to directory language of Pub. L. 103-183. See 1993 Amendment note below. 1993 - Pub. L. 103-43 made technical amendment to directory language of Pub. L. 102-531, Sec. 308, which enacted this section. Subsec. (l)(1). Pub. L. 103-183, as amended by Pub. L. 105-392, substituted "through 1998" for "through 1996". EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-392 deemed to have taken effect immediately after enactment of Pub. L. 103-183, see section 401(e) of Pub. L. 105-392, set out as a note under section 242m of this title. -FOOTNOTE- (!1) So in original. Probably should be "prostate". (!2) So in original. Probably should be "subsection." (!3) So in original. Probably should be "subsection;". (!4) So in original. Probably should be "application". -End- -CITE- 42 USC Sec. 247b-6 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-6. National strategy for combating and eliminating tuberculosis -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States, political subdivisions, and other public entities for preventive health service programs for the prevention, control, and elimination of tuberculosis. (b) Research and development; demonstration projects; education and training With respect to the prevention, treatment, control, and elimination of tuberculosis, the Secretary may, directly or through grants to public or nonprofit private entities, carry out the following: (1) Research, with priority given to research and development concerning latent tuberculosis infection, strains of tuberculosis resistant to drugs, and research concerning cases of tuberculosis that affect certain populations at risk for tuberculosis. (2) Research and development and related activities to develop new tools for the elimination of tuberculosis, including drugs, diagnostics, vaccines, and public health interventions, such as directly observed therapy and non-pharmaceutical intervention, and methods to enhance detection and response to outbreaks of tuberculosis, including multidrug resistant tuberculosis. The Secretary is encouraged to give priority to programmatically relevant research so that new tools can be utilized in public health practice. (3) Demonstration projects for - (A) the development of regional capabilities to prevent, control, and eliminate tuberculosis and prevent multidrug resistant and extensively drug resistant strains of tuberculosis; (B) the intensification of efforts to reduce health disparities in the incidence of tuberculosis; (C) the intensification of efforts to control tuberculosis along the United States-Mexico border and among United States- Mexico binational populations, including through expansion of the scope and number of programs that - (i) detect and treat binational cases of tuberculosis; and (ii) treat high-risk cases of tuberculosis referred from Mexican health departments; (D) the intensification of efforts to prevent, detect, and treat tuberculosis among foreign-born persons who are in the United States; (E) the intensification of efforts to prevent, detect, and treat tuberculosis among populations and settings documented as having a high risk for tuberculosis; and (F) tuberculosis detection, control, and prevention. (4) Public information and education activities. (5) Education, training, clinical skills improvement activities, and workplace exposure prevention for health professionals, including allied health personnel and emergency response employees. (6) Support of Centers to carry out activities under paragraphs (1) through (4). (7) Collaboration with international organizations and foreign countries in carrying out such activities. (8) Develop, enhance, and expand information technologies that support tuberculosis control including surveillance and database management systems with cross-jurisdictional capabilities, which shall conform to the standards and implementation specifications for such information technologies as recommended by the Secretary. (c) Cooperation with providers of primary health services The Secretary may make a grant under subsection (a) or (b) of this section only if the applicant for the grant agrees that, in carrying out activities under the grant, the applicant will cooperate with public and nonprofit private providers of primary health services or substance abuse services, including entities receiving assistance under section 254b, 254b, or 256a of this title (!1) or under subchapter III-A or XVII of this chapter. (d) Application for grant (1) In general The Secretary may make a grant under subsection (a) or (b) of this section only if an application for the grant is submitted to the Secretary and the application, subject to paragraph (2), is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out the subsection involved. (2) Plan for prevention, control, and elimination The Secretary may make a grant under subsection (a) of this section only if the application under paragraph (1) contains a plan regarding the prevention, control, and elimination of tuberculosis in the geographic area with respect to which the grant is sought. (3) Determination of amount of nonfederal contributions (A) Priority In awarding grants under subsection (a) or (b), the Secretary shall give highest priority to an applicant that provides assurances that the applicant will contribute non-Federal funds to carry out activities under this section, which may be provided directly or through donations from public or private entities and may be in cash or in kind, including equipment or services. (B) Federal amounts not to be included as contributions Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions as described in subparagraph (A). (e) Supplies and services in lieu of grant funds (1) In general Upon the request of a grantee under subsection (a) or (b) of this section, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the grantee in carrying out the subsection involved and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. (2) Corresponding reduction in payments With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant involved by an amount equal to the costs of detailing personnel and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. (f) Advisory Council (1) In general The Secretary shall establish an advisory council to be known as the Advisory Council for the Elimination of Tuberculosis (in this subsection referred to as the "Council"). (2) Duties The Council shall provide advice and recommendations regarding the elimination of tuberculosis to the Secretary. In addition, the Council shall, with respect to eliminating such disease, provide to the Secretary and other appropriate Federal officials advice on - (A) coordinating the activities of the Department of Health and Human Services and other Federal agencies that relate to the disease, including activities under subsection (b); (B) responding rapidly and effectively to emerging issues in tuberculosis; and (C) efficiently utilizing the Federal resources involved. (3) Comprehensive plan (A) In general In carrying out paragraph (2), the Council shall make or update recommendations on the development, revision, and implementation of a comprehensive plan to eliminate tuberculosis in the United States. (B) Consultation In carrying out subparagraph (A), the Council may consult with appropriate public and private entities, which may, subject to the direction or discretion of the Secretary, include - (i) individuals who are scientists, physicians, laboratorians, and other health professionals, who are not officers or employees of the Federal Government and who represent the disciplines relevant to tuberculosis elimination; (ii) members of public-private partnerships or private entities established to address the elimination of tuberculosis; (iii) members of national and international nongovernmental organizations whose purpose is to eliminate tuberculosis; (iv) members from the general public who are knowledgeable with respect to tuberculosis elimination including individuals who have or have had tuberculosis; and (v) scientists, physicians, laboratorians, and other health professionals who reside in a foreign country with a substantial incidence or prevalence of tuberculosis, and who represent the specialties and disciplines relevant to the research under consideration. (C) Certain components of plan In carrying out subparagraph (A), the Council shall, subject to the direction or discretion of the Secretary - (i) consider recommendations for the involvement of the United States in continuing global and cross-border tuberculosis control activities in countries where a high incidence of tuberculosis directly affects the United States; and (ii) review the extent to which progress has been made toward eliminating tuberculosis. (4) Biennial report (A) In general The Council shall submit a biennial report to the Secretary, as determined necessary by the Secretary, on the activities carried under this section. Each such report shall include the opinion of the Council on the extent to which its recommendations regarding the elimination of tuberculosis have been implemented, including with respect to - (i) activities under subsection (b); and (ii) the national plan referred to in paragraph (3). (B) Public The Secretary shall make a report submitted under subparagraph (A) public. (5) Composition The Council shall be composed of - (A) ex officio representatives from the Centers for Disease Control and Prevention, the National Institutes of Health, the United States Agency for International Development, the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, the United States-Mexico Border Health Commission, and other Federal departments and agencies that carry out significant activities related to tuberculosis; (B) State and local tuberculosis control and public health officials; (C) individuals who are scientists, physicians, laboratorians, and other health professionals who represent disciplines relevant to tuberculosis elimination; and (D) members of national and international nongovernmental organizations established to address the elimination of tuberculosis. (6) Staff, information, and other assistance The Secretary shall provide to the Council such staff, information, and other assistance as may be necessary to carry out the duties of the Council. (g) Federal Tuberculosis Task Force (1) Duties The Federal Tuberculosis Task Force (in this subsection referred to as the "Task Force") shall provide to the Secretary and other appropriate Federal officials advice on research into new tools under subsection (b)(2), including advice regarding the efficient utilization of the Federal resources involved. (2) Comprehensive plan for new tools development In carrying out paragraph (1), the Task Force shall make recommendations on the development of a comprehensive plan for the creation of new tools for the elimination of tuberculosis, including drugs, diagnostics, and vaccines. (3) Consultation In developing the comprehensive plan under paragraph (1),(!2) the Task Force shall consult with external parties including representatives from groups such as - (A) scientists, physicians, laboratorians, and other health professionals who represent the specialties and disciplines relevant to the research under consideration; (B) members from public-private partnerships, private entities, or foundations (or both) engaged in activities relevant to research under consideration; (C) members of national and international nongovernmental organizations established to address tuberculosis elimination; (D) members from the general public who are knowledgeable with respect to tuberculosis including individuals who have or have had tuberculosis; and (E) scientists, physicians, laboratorians, and other health professionals who reside in a foreign country with a substantial incidence or prevalence of tuberculosis, and who represent the specialties and disciplines relevant to the research under consideration. (h) Authorization of appropriations (1) General program (A) In general For the purpose of carrying out this section, there are authorized to be appropriated $200,000,000 for fiscal year 2009, $210,000,000 for fiscal year 2010, $220,500,000 for fiscal year 2011, $231,525,000 for fiscal year 2012, and $243,101,250 for fiscal year 2013. (B) Reservation for emergency grants Of the amounts appropriated under subparagraph (A) for a fiscal year, the Secretary may reserve not more than 25 percent for emergency grants under subsection (a) for any geographic area, State, political subdivision of a State, or other public entity in which there is, relative to other areas, a substantial number of cases of tuberculosis, multidrug resistant tuberculosis, or extensively drug resistant tuberculosis or a substantial rate of increase in such cases. (C) Priority In allocating amounts appropriated under subparagraph (A), the Secretary shall give priority to allocating such amounts for grants under subsection (a). (D) Allocation of funds (i) Requirement of formula Of the amounts appropriated under subparagraph (A), not reserved under subparagraph (B), and allocated by the Secretary for grants under subsection (a), the Secretary shall distribute a portion of such amounts to grantees under subsection (a) on the basis of a formula. (ii) Relevant factors The formula developed by the Secretary under clause (i) shall take into account the level of tuberculosis morbidity and case complexity in the respective geographic area and may consider other factors relevant to tuberculosis in such area. (iii) No change to formula required This subparagraph does not require the Secretary to modify the formula that was used by the Secretary to distribute funds to grantees under subsection (a) for fiscal year 2009. (2) Limitation The authorization of appropriations established in paragraph (1) for a fiscal year is effective only if the amount appropriated under such paragraph for such year equals or exceeds the amount appropriated to carry out this section for fiscal year 2009. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317E, as added Pub. L. 103- 183, title III, Sec. 301(a), Dec. 14, 1993, 107 Stat. 2233; amended Pub. L. 105-392, title IV, Secs. 401(b)(1), 405, Nov. 13, 1998, 112 Stat. 3587, 3588; Pub. L. 107-251, title VI, Sec. 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 108-163, Sec. 2(m)(1), Dec. 6, 2003, 117 Stat. 2023; Pub. L. 110-392, title I, Secs. 101, 111(a), (c), 131, Oct. 13, 2008, 122 Stat. 4196, 4197, 4199, 4200.) -REFTEXT- REFERENCES IN TEXT The reference to section 254b of this title the first place appearing, referred to in subsec. (c), was in the original a reference to section 329, meaning section 329 of act July 1, 1944, which was omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of this subchapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Section 256a of this title, referred to in subsec. (c), was repealed by Pub. L. 104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 3645. -MISC1- AMENDMENTS 2008 - Pub. L. 110-392, Sec. 101(1), substituted "National strategy for combating and eliminating tuberculosis" for "Preventive health services regarding tuberculosis" in section catchline. Subsec. (b). Pub. L. 110-392, Sec. 101(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to research, demonstration projects, education, and training for the purpose of prevention, control, and elimination of tuberculosis. Subsec. (d)(3). Pub. L. 110-392, Sec. 101(3), added par. (3). Subsec. (f)(2) to (6). Pub. L. 110-392, Sec. 111(a), added pars. (2) to (5), redesignated former par. (5) as (6), and struck out former pars. (2) to (4) which related to general duties, certain activities, and composition of the Council, respectively. Subsec. (g). Pub. L. 110-392, Sec. 111(c)(2), added subsec. (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 110-392, Sec. 131, added subsec. (h) and struck out former subsec. (h) which authorized appropriations for grants, research, demonstration projects, education, and training for fiscal years 1994 to 2002. Pub. L. 110-392, Sec. 111(c)(1), redesignated subsec. (g) as (h). 2003 - Subsec. (c). Pub. L. 108-163 substituted "254b" for "254c, 254b(h)" before ", or". 2002 - Subsec. (c). Pub. L. 107-251 substituted "254b(h)" for "256". 1998 - Subsec. (g)(1)(A). Pub. L. 105-392, Sec. 405(1)(A), substituted "2002" for "1998". Subsec. (g)(1)(B). Pub. L. 105-392, Sec. 405(1)(B), substituted "25 percent" for "$50,000,000". Subsec. (g)(2). Pub. L. 105-392, Sec. 405(2), substituted "2002" for "1998". Pub. L. 105-392, Sec. 401(b)(1), substituted "carrying out subsection (b)" for "making grants under subsection (b)". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-163 deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as a note under section 233 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 401(b)(1) of Pub. L. 105-392 deemed to have taken effect immediately after enactment of Pub. L. 103-183, see section 401(e) of Pub. L. 105-392, set out as a note under section 242m of this title. CONSTRUCTION OF 2008 AMENDMENT Pub. L. 110-392, title I, Sec. 111(b), Oct. 13, 2008, 122 Stat. 4199, provided that: "With respect to the advisory council under section 317E(f) of the Public Health Service Act [42 U.S.C. 247b- 6(f)], the amendments made by subsection (a) [amending this section] may not be construed as terminating the membership on such council of any individual serving as such a member as of the day before the date of the enactment of this Act [Oct. 13, 2008]." TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. -FOOTNOTE- (!1) See References in Text notes below. (!2) So in original. Probably should be "paragraph (2),". -End- -CITE- 42 USC Sec. 247b-7 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-7. Loan repayment program -STATUTE- (a) In general (1) Authority Subject to paragraph (2), the Secretary may carry out a program of entering into contracts with appropriately qualified health professionals under which such health professionals agree to conduct prevention activities, as employees of the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry, in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $35,000 of the principal and interest of the educational loans of such health professionals. (2) Limitation The Secretary may not enter into an agreement with a health professional pursuant to paragraph (1) unless such professional - (A) has a substantial amount of educational loans relative to income; and (B) agrees to serve as an employee of the Centers for Disease Control and Prevention or the Agency for Toxic Substances and Disease Registry for purposes of paragraph (1) for a period of not less than 3 years. (b) Applicability of certain provisions With respect to the National Health Service Corps Loan Repayment Program established in subpart III of part D of this subchapter, the provisions of such subpart shall, except as inconsistent with subsection (a) of this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $500,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 2002. (d) Availability of appropriations Amounts appropriated for a fiscal year for contracts under subsection (a) of this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were appropriated. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317F, as added Pub. L. 103- 183, title VII, Sec. 703, Dec. 14, 1993, 107 Stat. 2240; amended Pub. L. 105-392, title IV, Sec. 406, Nov. 13, 1998, 112 Stat. 3588.) -MISC1- AMENDMENTS 1998 - Subsec. (a)(1). Pub. L. 105-392, Sec. 406(1), substituted "$35,000" for "$20,000". Subsec. (c). Pub. L. 105-392, Sec. 406(2), substituted "2002" for "1998". Subsec. (d). Pub. L. 105-392, Sec. 406(3), added subsec. (d). -End- -CITE- 42 USC Sec. 247b-8 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-8. Fellowship and training programs -STATUTE- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish fellowship and training programs to be conducted by such Centers to train individuals to develop skills in epidemiology, surveillance, laboratory analysis, and other disease detection and prevention methods. Such programs shall be designed to enable health professionals and health personnel trained under such programs to work, after receiving such training, in local, State, national, and international efforts toward the prevention and control of diseases, injuries, and disabilities. Such fellowships and training may be administered through the use of either appointment or nonappointment procedures. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317G, as added Pub. L. 105- 115, title IV, Sec. 408(b)(1), Nov. 21, 1997, 111 Stat. 2371.) -MISC1- EFFECTIVE DATE Section 408(b)(2) of Pub. L. 105-115 provided that: "The amendment made by this subsection [enacting this section] is deemed to have taken effect July 1, 1995." -End- -CITE- 42 USC Sec. 247b-9 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-9. Diabetes in children and youth -STATUTE- (a) Surveillance on juvenile diabetes The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop a sentinel system to collect data on juvenile diabetes, including with respect to incidence and prevalence, and shall establish a national database for such data. (b) Type 2 diabetes in youth The Secretary shall implement a national public health effort to address type 2 diabetes in youth, including - (1) enhancing surveillance systems and expanding research to better assess the prevalence and incidence of type 2 diabetes in youth and determine the extent to which type 2 diabetes is incorrectly diagnosed as type 1 diabetes among children; and (2) developing and improving laboratory methods to assist in diagnosis, treatment, and prevention of diabetes including, but not limited to, developing noninvasive ways to monitor blood glucose to prevent hypoglycemia and improving existing glucometers that measure blood glucose. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317H, as added Pub. L. 106- 310, div. A, title IV, Sec. 401, Oct. 17, 2000, 114 Stat. 1112.) -End- -CITE- 42 USC Sec. 247b-9a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-9a. Better diabetes care -STATUTE- (a) Short title This section may be cited as the "Catalyst to Better Diabetes Care Act of 2009". (b) National diabetes report card (1) In general The Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention (referred to in this section as the "Director"), shall prepare on a biennial basis a national diabetes report card (referred to in this section as a "Report Card") and, to the extent possible, for each State.(!1) (2) Contents (A) In general Each Report Card shall include aggregate health outcomes related to individuals diagnosed with diabetes and prediabetes including - (i) preventative care practices and quality of care; (ii) risk factors; and (iii) outcomes. (B) Updated reports Each Report Card that is prepared after the initial Report Card shall include trend analysis for the Nation and, to the extent possible, for each State, for the purpose of - (i) tracking progress in meeting established national goals and objectives for improving diabetes care, costs, and prevalence (including Healthy People 2010); and (ii) informing policy and program development. (3) Availability The Secretary, in collaboration with the Director, shall make each Report Card publicly available, including by posting the Report Card on the Internet. (c) Improvement of vital statistics collection (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with appropriate agencies and States, shall - (A) promote the education and training of physicians on the importance of birth and death certificate data and how to properly complete these documents, including the collection of such data for diabetes and other chronic diseases; (B) encourage State adoption of the latest standard revisions of birth and death certificates; and (C) work with States to re-engineer their vital statistics systems in order to provide cost-effective, timely, and accurate vital systems data. (2) Death certificate additional language In carrying out this subsection, the Secretary may promote improvements to the collection of diabetes mortality data, including the addition of a question for the individual certifying the cause of death regarding whether the deceased had diabetes. (d) Study on appropriate level of diabetes medical education (1) In general The Secretary shall, in collaboration with the Institute of Medicine and appropriate associations and councils, conduct a study of the impact of diabetes on the practice of medicine in the United States and the appropriateness of the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification. (2) Report Not later than 2 years after March 23, 2010, the Secretary shall submit a report on the study under paragraph (1) to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committees on Finance and Health, Education, Labor, and Pensions of the Senate. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. -SOURCE- (Pub. L. 111-148, title X, Sec. 10407, Mar. 23, 2010, 124 Stat. 976.) -COD- CODIFICATION Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter. -FOOTNOTE- (!1) So in original. -End- -CITE- 42 USC Sec. 247b-10 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-10. Compilation of data on asthma -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall - (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management; (2) compile and annually publish data on the prevalence of children suffering from asthma in each State; and (3) to the extent practicable, compile and publish data on the childhood mortality rate associated with asthma nationally. (b) Surveillance activities The Director of the Centers for Disease Control and Prevention, acting through the representative of the Director on the National Asthma Education Prevention Program Coordinating Committee, shall, in carrying out subsection (a) of this section, provide an update on surveillance activities at each Committee meeting. (c) Collaborative efforts The activities described in subsection (a)(1) of this section may be conducted in collaboration with eligible entities awarded a grant under section 280g of this title. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317I, as added Pub. L. 106- 310, div. A, title V, Sec. 531, Oct. 17, 2000, 114 Stat. 1117.) -End- -CITE- 42 USC Sec. 247b-11 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-11. Effects of folic acid in prevention of birth defects -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand and intensify programs (directly or through grants or contracts) for the following purposes: (1) To provide education and training for health professionals and the general public for purposes of explaining the effects of folic acid in preventing birth defects and for purposes of encouraging each woman of reproductive capacity (whether or not planning a pregnancy) to consume on a daily basis a dietary supplement that provides an appropriate level of folic acid. (2) To conduct research with respect to such education and training, including identifying effective strategies for increasing the rate of consumption of folic acid by women of reproductive capacity. (3) To conduct research to increase the understanding of the effects of folic acid in preventing birth defects, including understanding with respect to cleft lip, cleft palate, and heart defects. (4) To provide for appropriate epidemiological activities regarding folic acid and birth defects, including epidemiological activities regarding neural tube defects. (b) Consultations with States and private entities In carrying out subsection (a) of this section, the Secretary shall consult with the States and with other appropriate public or private entities, including national nonprofit private organizations, health professionals, and providers of health insurance and health plans. (c) Technical assistance The Secretary may (directly or through grants or contracts) provide technical assistance to public and nonprofit private entities in carrying out the activities described in subsection (a) of this section. (d) Evaluations The Secretary shall (directly or through grants or contracts) provide for the evaluation of activities under subsection (a) of this section in order to determine the extent to which such activities have been effective in carrying out the purposes of the program under such subsection, including the effects on various demographic populations. Methods of evaluation under the preceding sentence may include surveys of knowledge and attitudes on the consumption of folic acid and on blood folate levels. Such methods may include complete and timely monitoring of infants who are born with neural tube defects. (e) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317J, as added Pub. L. 106- 310, div. A, title VI, Sec. 601, Oct. 17, 2000, 114 Stat. 1118.) -End- -CITE- 42 USC Sec. 247b-12 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-12. Safe motherhood -STATUTE- (a) Surveillance (1) Purpose The purpose of this subsection is to develop surveillance systems at the local, State, and national level to better understand the burden of maternal complications and mortality and to decrease the disparities among population at risk of death and complications from pregnancy. (2) Activities For the purpose described in paragraph (1), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may carry out the following activities: (A) The Secretary may establish and implement a national surveillance program to identify and promote the investigation of deaths and severe complications that occur during pregnancy. (B) The Secretary may expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each State. (C) The Secretary may expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each State. (b) Prevention research (1) Purpose The purpose of this subsection is to provide the Secretary with the authority to further expand research concerning risk factors, prevention strategies, and the roles of the family, health care providers and the community in safe motherhood. (2) Research The Secretary may carry out activities to expand research relating to - (A) encouraging preconception counseling, especially for at risk populations such as diabetics; (B) the identification of critical components of prenatal delivery and postpartum care; (C) the identification of outreach and support services, such as folic acid education, that are available for pregnant women; (D) the identification of women who are at high risk for complications; (E) preventing preterm delivery; (F) preventing urinary tract infections; (G) preventing unnecessary caesarean sections; (H) an examination of the higher rates of maternal mortality among African American women; (I) an examination of the relationship between domestic violence and maternal complications and mortality; (J) preventing and reducing adverse health consequences that may result from smoking, alcohol and illegal drug use before, during and after pregnancy; (K) preventing infections that cause maternal and infant complications; and (L) other areas determined appropriate by the Secretary. (c) Prevention programs (1) In general The Secretary may carry out activities to promote safe motherhood, including - (A) public education campaigns on healthy pregnancies and the building of partnerships with outside organizations concerned about safe motherhood; (B) education programs for physicians, nurses and other health care providers; and (C) activities to promote community support services for pregnant women. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317K, as added Pub. L. 106- 310, div. A, title IX, Sec. 901, Oct. 17, 2000, 114 Stat. 1125.) -End- -CITE- 42 USC Sec. 247b-13 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-13. Prenatal and postnatal health -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out programs - (1) to collect, analyze, and make available data on prenatal smoking, alcohol and illegal drug use, including data on the implications of such activities and on the incidence and prevalence of such activities and their implications; (2) to conduct applied epidemiological research on the prevention of prenatal and postnatal smoking, alcohol and illegal drug use; (3) to support, conduct, and evaluate the effectiveness of educational and cessation programs; and (4) to provide information and education to the public on the prevention and implications of prenatal and postnatal smoking, alcohol and illegal drug use. (b) Grants In carrying out subsection (a) of this section, the Secretary may award grants to and enter into contracts with States, local governments, scientific and academic institutions, federally qualified health centers, and other public and nonprofit entities, and may provide technical and consultative assistance to such entities. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317L, as added Pub. L. 106- 310, div. A, title IX, Sec. 911, Oct. 17, 2000, 114 Stat. 1127.) -End- -CITE- 42 USC Sec. 247b-14 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-14. Oral health promotion and disease prevention -STATUTE- (a) Grants to increase resources for community water fluoridation (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States and Indian tribes for the purpose of increasing the resources available for community water fluoridation. (2) Use of funds A State shall use amounts provided under a grant under paragraph (1) - (A) to purchase fluoridation equipment; (B) to train fluoridation engineers; (C) to develop educational materials on the benefits of fluoridation; or (D) to support the infrastructure necessary to monitor and maintain the quality of water fluoridation. (b) Community water fluoridation (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with the Director of the Indian Health Service, shall establish a demonstration project that is designed to assist rural water systems in successfully implementing the water fluoridation guidelines of the Centers for Disease Control and Prevention that are entitled "Engineering and Administrative Recommendations for Water Fluoridation, 1995" (referred to in this subsection as the "EARWF"). (2) Requirements (A) Collaboration In collaborating under paragraph (1), the Directors referred to in such paragraph shall ensure that technical assistance and training are provided to tribal programs located in each of the 12 areas of the Indian Health Service. The Director of the Indian Health Service shall provide coordination and administrative support to tribes under this section. (B) General use of funds Amounts made available under paragraph (1) shall be used to assist small water systems in improving the effectiveness of water fluoridation and to meet the recommendations of the EARWF. (C) Fluoridation specialists (i) In general In carrying out this subsection, the Secretary shall provide for the establishment of fluoridation specialist engineering positions in each of the Dental Clinical and Preventive Support Centers through which technical assistance and training will be provided to tribal water operators, tribal utility operators and other Indian Health Service personnel working directly with fluoridation projects. (ii) Liaison A fluoridation specialist shall serve as the principal technical liaison between the Indian Health Service and the Centers for Disease Control and Prevention with respect to engineering and fluoridation issues. (iii) CDC The Director of the Centers for Disease Control and Prevention shall appoint individuals to serve as the fluoridation specialists. (D) Implementation The project established under this subsection shall be planned, implemented and evaluated over the 5-year period beginning on the date on which funds are appropriated under this section and shall be designed to serve as a model for improving the effectiveness of water fluoridation systems of small rural communities. (3) Evaluation In conducting the ongoing evaluation as provided for in paragraph (2)(D), the Secretary shall ensure that such evaluation includes - (A) the measurement of changes in water fluoridation compliance levels resulting from assistance provided under this section; (B) the identification of the administrative, technical and operational challenges that are unique to the fluoridation of small water systems; (C) the development of a practical model that may be easily utilized by other tribal, State, county or local governments in improving the quality of water fluoridation with emphasis on small water systems; and (D) the measurement of any increased percentage of Native Americans or Alaskan Natives who receive the benefits of optimally fluoridated water. (c) School-based dental sealant program (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with the Administrator of the Health Resources and Services Administration, shall award a grant to each of the 50 States and territories and to Indians, Indian tribes, tribal organizations and urban Indian organizations (as such terms are defined in section 1603 of title 25) to provide for the development of school-based dental sealant programs to improve the access of children to sealants. (2) Use of funds A State shall use amounts received under a grant under paragraph (1) to provide funds to eligible school-based entities or to public elementary or secondary schools to enable such entities or schools to provide children with access to dental care and dental sealant services. Such services shall be provided by licensed dental health professionals in accordance with State practice licensing laws. (3) Eligibility To be eligible to receive funds under paragraph (1), an entity shall - (A) prepare and submit to the State an application at such time, in such manner and containing such information as the State may require; and (B) be a public elementary or secondary school - (i) that is located in an urban area in which and (!1) more than 50 percent of the student population is participating in Federal or State free or reduced meal programs; or (ii) that is located in a rural area and, with respect to the school district in which the school is located, the district involved has a median income that is at or below 235 percent of the poverty line, as defined in section 9902(2) of this title. (d) Oral health infrastructure (1) Cooperative agreements The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enter into cooperative agreements with State, territorial, and Indian tribes or tribal organizations (as those terms are defined in section 1603 of title 25) to establish oral health leadership and program guidance, oral health data collection and interpretation,(!2) (including determinants of poor oral health among vulnerable populations), a multi-dimensional delivery system for oral health, and to implement science-based programs (including dental sealants and community water fluoridation) to improve oral health. (2) Authorization of appropriations There is authorized to be appropriated such sums as necessary to carry out this subsection for fiscal years 2010 through 2014. (e) Definitions For purposes of this section, the term "Indian tribe" means an Indian tribe or tribal organization as defined in section 450b(b) and section 450b(c) (!3) of title 25. (f) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317M, as added Pub. L. 106- 310, div. A, title XVI, Sec. 1602, Oct. 17, 2000, 114 Stat. 1148; amended Pub. L. 111-148, title IV, Sec. 4102(b), (c), Mar. 23, 2010, 124 Stat. 551, 552.) -REFTEXT- REFERENCES IN TEXT Section 450b of title 25, referred to in subsec. (e), has been amended, and subsecs. (b) and (c) of section 450b no longer define the terms "Indian tribe" and "tribal organization". However, such terms are defined elsewhere in that section. -MISC1- AMENDMENTS 2010 - Subsec. (c)(1). Pub. L. 111-148, Sec. 4102(b), substituted "shall award a grant to each of the 50 States and territories and to Indians, Indian tribes, tribal organizations and urban Indian organizations (as such terms are defined in section 1603 of title 25)" for "may award grants to States and Indian tribes". Subsecs. (d) to (f). Pub. L. 111-148, Sec. 4102(c), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. -FOOTNOTE- (!1) So in original. The word "and" probably should not appear. (!2) So in original. The comma probably should not appear. (!3) See References in Text note below. -End- -CITE- 42 USC Sec. 247b-14a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 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 -STATUTE- (a) In general The Secretary of Health and Human Services, through the Maternal and Child Health Bureau, the Indian Health Service, and in consultation with the National Institutes of Health and the Centers for Disease Control and Prevention, shall - (1) support community-based research that is designed to improve understanding of the etiology, pathogenesis, diagnosis, prevention, and treatment of pediatric oral, dental, craniofacial diseases and conditions and their sequelae in high risk populations; (2) support demonstrations of preventive interventions in high risk populations including nutrition, parenting, and feeding techniques; and (3) develop clinical approaches to assess individual patients for the risk of pediatric dental disease. (b) Compliance with State practice laws Treatment and other services shall be provided pursuant to this section by licensed dental health professionals in accordance with State practice and licensing laws. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each (!1) the fiscal years 2001 through 2005. -SOURCE- (Pub. L. 106-310, div. A, title XVI, Sec. 1601, Oct. 17, 2000, 114 Stat. 1148.) -COD- CODIFICATION Section was enacted as part of the Children's Health Act of 2000, and not as part of the Public Health Service Act which comprises this chapter. -FOOTNOTE- (!1) So in original. Probably should be followed by "of". -End- -CITE- 42 USC Sec. 247b-15 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-15. Surveillance and education regarding hepatitis C virus -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may (directly and through grants to public and nonprofit private entities) provide for programs to carry out the following: (1) To cooperate with the States in implementing a national system to determine the incidence of hepatitis C virus infection (in this section referred to as "HCV infection") and to assist the States in determining the prevalence of such infection, including the reporting of chronic HCV cases. (2) To identify, counsel, and offer testing to individuals who are at risk of HCV infection as a result of receiving blood transfusions prior to July 1992, or as a result of other risk factors. (3) To provide appropriate referrals for counseling, testing, and medical treatment of individuals identified under paragraph (2) and to ensure, to the extent practicable, the provision of appropriate follow-up services. (4) To develop and disseminate public information and education programs for the detection and control of HCV infection, with priority given to high risk populations as determined by the Secretary. (5) To improve the education, training, and skills of health professionals in the detection and control of HCV infection, with priority given to pediatricians and other primary care physicians, and obstetricians and gynecologists. (b) Laboratory procedures The Secretary may (directly and through grants to public and nonprofit private entities) carry out programs to provide for improvements in the quality of clinical-laboratory procedures regarding hepatitis C, including reducing variability in laboratory results on hepatitis C antibody and PCR testing. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317N, as added Pub. L. 106- 310, div. A, title XVIII, Sec. 1801, Oct. 17, 2000, 114 Stat. 1152.) -MISC1- STUDY AND DEMONSTRATION PROJECTS REGARDING CASES OF HEPATITIS C AMONG CERTAIN EMERGENCY RESPONSE EMPLOYEES Pub. L. 106-398, Sec. 1 [[div. A], title XVII, Sec. 1704], Oct. 30, 2000, 114 Stat. 1654, 1654A-365, provided that: "(a) Study Regarding Prevalence Among Certain Emergency Response Employees. - "(1) In general. - The Secretary of Health and Human Services (referred to in this section as the 'Secretary'), in consultation with the Secretary of Labor, shall conduct a study to determine - "(A) an estimate of the prevalence of hepatitis C among designated emergency response employees in the United States; and "(B) the likely means through which such employees become infected with such disease in the course of performing their duties as such employees. "(2) Designated emergency response employees. - For purposes of this section, the term 'designated emergency response employees' means firefighters, paramedics, and emergency medical technicians who are employees or volunteers of units of local government. "(3) Date certain for completion; report to congress. - The Secretary shall commence the study under paragraph (1) not later than 90 days after the date of the enactment of this Act [Oct. 30, 2000]. Not later than one year after such date, the Secretary shall complete the study and submit to the Congress a report describing the findings of the study. "(b) Demonstration Projects Regarding Training and Treatment. - "(1) In general. - The Secretary, in consultation with the Secretary of Labor, shall make grants to qualifying local governments for the purpose of carrying out demonstration projects that (directly or through arrangements with nonprofit private entities) carry out each of the following activities: "(A) Training designated emergency response employees in minimizing the risk of infection with hepatitis C in performing their duties as such employees. "(B) Testing such employees for infection with the disease. "(C) Treating the employees for the disease. "(2) Qualifying local governments. - For purposes of this section, the term 'qualifying local government' means a unit of local government whose population of designated emergency response employees has a prevalence of hepatitis C that is not less than 200 percent of the national average for the prevalence of such disease in such populations. "(3) Confidentiality. - A grant may be made under paragraph (1) only if the qualifying local government involved agrees to ensure that information regarding the testing or treatment of designated emergency response employees pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law. "(4) Evaluations. - The Secretary shall provide for an evaluation of each demonstration project under paragraph (1) in order to determine the extent to which the project has been effective in carry [sic] out the activities described in such paragraph. "(5) Report to congress. - Not later than 180 days after the date on which all grants under paragraph (1) have been expended, the Secretary shall submit to Congress a report providing - "(A) a summary of evaluations under paragraph (4); and "(B) the recommendations of the Secretary for administrative or legislative initiatives regarding the activities described in paragraph (1). "(c) Authorization of Appropriations. - For the purpose of carrying out this section, there is authorized to be appropriated to the Department of Health and Human Services and the Department of Labor $10,000,000 for fiscal year 2001." -End- -CITE- 42 USC Sec. 247b-16 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-16. Grants for lead poisoning related activities -STATUTE- (a) Authority to make grants (1) In general The Secretary shall make grants to States to support public health activities in States and localities where data suggests that at least 5 percent of preschool-age children have an elevated blood lead level through - (A) effective, ongoing outreach and community education targeted to families most likely to be at risk for lead poisoning; (B) individual family education activities that are designed to reduce ongoing exposures to lead for children with elevated blood lead levels, including through home visits and coordination with other programs designed to identify and treat children at risk for lead poisoning; and (C) the development, coordination and implementation of community-based approaches for comprehensive lead poisoning prevention from surveillance to lead hazard control. (2) State match A State is not eligible for a grant under this section unless the State agrees to expend (through State or local funds) $1 for every $2 provided under the grant to carry out the activities described in paragraph (1). (3) Application To be eligible to receive a grant under this section, a State shall submit an application to the Secretary in such form and manner and containing such information as the Secretary may require. (b) Coordination with other children's programs A State shall identify in the application for a grant under this section how the State will coordinate operations and activities under the grant with - (1) other programs operated in the State that serve children with elevated blood lead levels, including any such programs operated under title V, XIX, or XXI of the Social Security Act [42 U.S.C. 701 et seq., 1396 et seq., 1397aa et seq.]; and (2) one or more of the following - (A) the child welfare and foster care and adoption assistance programs under parts B and E of title IV of such Act [42 U.S.C. 620 et seq., 670 et seq.]; (B) the head start program established under the Head Start Act (42 U.S.C. 9831 et seq.); (C) the program of assistance under the special supplemental nutrition program for women, infants and children (WIC) under section 1786 of this title; (D) local public and private elementary or secondary schools; or (E) public housing agencies, as defined in section 1437a of this title. (c) Performance measures The Secretary shall establish needs indicators and performance measures to evaluate the activities carried out under grants awarded under this section. Such indicators shall be commensurate with national measures of maternal and child health programs and shall be developed in consultation with the Director of the Centers for Disease Control and Prevention. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317O, as added Pub. L. 106- 310, div. A, title XXV, Sec. 2502(a), Oct. 17, 2000, 114 Stat. 1162.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b)(1), (2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts B and E of title IV of the Act are classified generally to parts B (Sec. 620 et seq.) and E (Sec. 670 et seq.), respectively, of subchapter IV of chapter 7 of this title. Titles V, XIX, and XXI of the Act are classified generally to subchapters V (Sec. 701 et seq.), XIX (Sec. 1396 et seq.), and XXI (Sec. 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Head Start Act, referred to in subsec. (b)(2)(B), is subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables. -End- -CITE- 42 USC Sec. 247b-17 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-17. Human papillomavirus (Johanna's Law) -STATUTE- (a) Surveillance (1) In general The Secretary, acting through the Centers for Disease Control and Prevention, shall - (A) enter into cooperative agreements with States and other entities to conduct sentinel surveillance or other special studies that would determine the prevalence in various age groups and populations of specific types of human papillomavirus (referred to in this section as "HPV") in different sites in various regions of the United States, through collection of special specimens for HPV using a variety of laboratory-based testing and diagnostic tools; and (B) develop and analyze data from the HPV sentinel surveillance system described in subparagraph (A). (2) Report The Secretary shall make a progress report to the Congress with respect to paragraph (1) no later than 1 year after the effective date of this section. (b) Prevention activities; education program (1) In general The Secretary, acting through the Centers for Disease Control and Prevention, shall conduct prevention research on HPV, including - (A) behavioral and other research on the impact of HPV- related diagnosis on individuals; (B) formative research to assist with the development of educational messages and information for the public, for patients, and for their partners about HPV; (C) surveys of physician and public knowledge, attitudes, and practices about genital HPV infection; and (D) upon the completion of and based on the findings under subparagraphs (A) through (C), develop and disseminate educational materials for the public and health care providers regarding HPV and its impact and prevention. (2) Report; final proposal The Secretary shall make a progress report to the Congress with respect to paragraph (1) not later than 1 year after the effective date of this section, and shall develop a final report not later than 3 years after such effective date, including a detailed summary of the significant findings and problems and the best strategies to prevent future infections, based on available science. (c) HPV education and prevention (1) In general The Secretary shall prepare and distribute educational materials for health care providers and the public that include information on HPV. Such materials shall address - (A) modes of transmission; (B) consequences of infection, including the link between HPV and cervical cancer; (C) the available scientific evidence on the effectiveness or lack of effectiveness of condoms in preventing infection with HPV; and (D) the importance of regular Pap smears, and other diagnostics for early intervention and prevention of cervical cancer purposes in preventing cervical cancer. (2) Medically accurate information Educational material under paragraph (1), and all other relevant educational and prevention materials prepared and printed from this date forward for the public and health care providers by the Secretary (including materials prepared through the Food and Drug Administration, the Centers for Disease Control and Prevention, and the Health Resources and Services Administration), or by contractors, grantees, or subgrantees thereof, that are specifically designed to address STDs including HPV shall contain medically accurate information regarding the effectiveness or lack of effectiveness of condoms in preventing the STD the materials are designed to address. Such requirement only applies to materials mass produced for the public and health care providers, and not to routine communications. (d) Johanna's Law (1) National public awareness campaign (A) In general The Secretary shall carry out a national campaign to increase the awareness and knowledge of health care providers and women with respect to gynecologic cancers. (B) Written materials Activities under the national campaign under subparagraph (A) shall include - (i) maintaining a supply of written materials that provide information to the public on gynecologic cancers; and (ii) distributing the materials to members of the public upon request. (C) Public service announcements Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include developing and placing, in telecommunications media, public service announcements intended to encourage women to discuss with their physicians their risks of gynecologic cancers. Such announcements shall inform the public on the manner in which the written materials referred to in subparagraph (B) can be obtained upon request, and shall call attention to early warning signs and risk factors based on the best available medical information. (2) Report and strategy (A) Report Not later than 6 months after January 12, 2007, the Secretary shall submit to the Congress a report including the following: (i) A description of the past and present activities of the Department of Health and Human Services to increase awareness and knowledge of the public with respect to different types of cancer, including gynecologic cancers. (ii) A description of the past and present activities of the Department of Health and Human Services to increase awareness and knowledge of health care providers with respect to different types of cancer, including gynecologic cancers. (iii) For each activity described pursuant to clause (i) or (ii), a description of the following: (I) The funding for such activity for fiscal year 2006 and the cumulative funding for such activity for previous fiscal years. (II) The background and history of such activity, including - (aa) the goals of such activity; (bb) the communications objectives of such activity; (cc) the identity of each agency within the Department of Health and Human Services responsible for any aspect of the activity; and (dd) how such activity is or was expected to result in change. (III) How long the activity lasted or is expected to last. (IV) The outcomes observed and the evaluation methods, if any, that have been, are being, or will be used with respect to such activity. (V) For each such outcome or evaluation method, a description of the associated results, analyses, and conclusions. (B) Strategy (i) Development; submission to Congress Not later than 3 months after submitting the report required by subparagraph (A), the Secretary shall develop and submit to the Congress a strategy for improving efforts to increase awareness and knowledge of the public and health care providers with respect to different types of cancer, including gynecological cancers. (ii) Consultation In developing the strategy under clause (i), the Secretary should consult with qualified private sector groups, including nonprofit organizations. (3) Full compliance (A) In general. - Not later than March 1, 2008, the Secretary shall ensure that all provisions of this section, including activities directed to be carried out by the Centers for Disease Control and Prevention and the Food and Drug Administration, are fully implemented and being complied with. Not later than April 30, 2008, the Secretary shall submit to Congress a report that certifies compliance with the preceding sentence and that contains a description of all activities undertaken to achieve such compliance. (B) If the Secretary fails to submit the certification as provided for under subparagraph (A), the Secretary shall, not later than 3 months after the date on which the report is to be submitted under subparagraph (A), and every 3 months thereafter, submit to Congress an explanation as to why the Secretary has not yet complied with the first sentence of subparagraph (A), a detailed description of all actions undertaken within the month for which the report is being submitted to bring the Secretary into compliance with such sentence, and the anticipated date the Secretary expects to be in full compliance with such sentence. (4) Consultation with nonprofit gynecologic cancer organizations In carrying out the national campaign under this subsection, the Secretary shall consult with nonprofit gynecologic cancer organizations, with a mission both to conquer ovarian or other gynecologic cancer and to provide outreach to State and local governments and communities, for the purpose of determining the best practices for providing gynecologic cancer information and outreach services to varied populations. (6) (!1) Authorization of appropriations For the purpose of carrying out this subsection, there is authorized to be appropriated $16,500,000 for the period of fiscal years 2007 through 2009 and $18,000,000 for the period of fiscal years 2012 through 2014. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317P, as added Pub. L. 106- 554, Sec. 1(a)(1) [title V, Sec. 516(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-72; amended Pub. L. 109-475, Sec. 2, Jan. 12, 2007, 120 Stat. 3565; Pub. L. 111-324, Sec. 1, Dec. 22, 2010, 124 Stat. 3536.) -REFTEXT- REFERENCES IN TEXT Johanna's Law, referred to in section catchline and subsec. (d), is Pub. L. 109-475, Jan. 12, 2007, 120 Stat. 3565, also known as the Gynecologic Cancer Education and Awareness Act of 2005, which amended this section. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 201 of this title and Tables. The effective date of this section, referred to in subsecs. (a)(2) and (b)(2), is the date of enactment of Pub. L. 106-554, which was approved Dec. 21, 2000. -MISC1- AMENDMENTS 2010 - Subsec. (d)(4). Pub. L. 111-324, Sec. 1(b), added par. (4). Former par. (4) redesignated (6). Pub. L. 111-324, Sec. 1(a)(1), inserted "and $18,000,000 for the period of fiscal years 2012 through 2014" after "2009". Subsec. (d)(6). Pub. L. 111-324, Sec. 1(a)(2), redesignated par. (4) as (6). 2007 - Pub. L. 109-475, Sec. 2(1), inserted "(Johanna's Law)" after "papillomavirus" in section catchline. Subsec. (d). Pub. L. 109-475, Sec. 2(2), added subsec. (d). -FOOTNOTE- (!1) So in original. No par. (5) has been enacted. -End- -CITE- 42 USC Sec. 247b-18 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-18. Surveillance and research regarding muscular dystrophy -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants and cooperative agreements to public or nonprofit private entities (including health departments of States and political subdivisions of States, and including universities and other educational entities) for the collection, analysis, and reporting of data on Duchenne and other forms of muscular dystrophy. In making such awards, the Secretary may provide direct technical assistance in lieu of cash. (b) National muscular dystrophy epidemiology program The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to public or nonprofit private entities (including health departments of States and political subdivisions of States, and including universities and other educational entities) for the purpose of carrying out epidemiological activities regarding Duchenne and other forms of muscular dystrophies, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases. In carrying out the preceding sentence, the Secretary shall provide for a national surveillance program. In making awards under this subsection, the Secretary may provide direct technical assistance in lieu of cash. (c) Coordination with centers of excellence The Secretary shall ensure that epidemiological information under subsections (a) and (b) of this section is made available to centers of excellence supported under section 283g(b) of this title by the Director of the National Institutes of Health. (d) Data In carrying out this section, the Secretary may ensure that any data on patients that is collected as part of the Muscular Dystrophy STARnet (under a grant under this section) is regularly updated to reflect changes in patient condition over time. (e) Reports and study (1) Annual report Not later than 18 months after October 8, 2008, and annually thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of the Congress a report - (A) concerning the activities carried out by MD STARnet site (!1) funded under this section during the year for which the report is prepared; (B) containing the data collected and findings derived from the MD STARnet sites each fiscal year (as funded under a grant under this section during fiscal years 2008 through 2012); and (C) that every 2 years outlines prospective data collection objectives and strategies. (2) Tracking health outcomes The Secretary may provide health outcome data on the health and survival of people with muscular dystrophy. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317Q, as added Pub. L. 107- 84, Sec. 4, Dec. 18, 2001, 115 Stat. 828; amended Pub. L. 110-361, Sec. 3, Oct. 8, 2008, 122 Stat. 4010.) -MISC1- AMENDMENTS 2008 - Subsecs. (d) to (f). Pub. L. 110-361 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f). FINDINGS Pub. L. 107-84, Sec. 2, Dec. 18, 2001, 115 Stat. 823, provided that: "Congress makes the following findings: "(1) Of the childhood muscular dystrophies, Duchenne Muscular Dystrophy (DMD) is the world's most common and catastrophic form of genetic childhood disease, and is characterized by a rapidly progressive muscle weakness that almost always results in death, usually by 20 years of age. "(2) Duchenne muscular dystrophy is genetically inherited, and mothers are the carriers in approximately 70 percent of all cases. "(3) If a female is a carrier of the dystrophin gene, there is a 50 percent chance per birth that her male offspring will have Duchenne muscular dystrophy, and a 50 percent chance per birth that her female offspring will be carriers. "(4) Duchenne is the most common lethal genetic disorder of childhood worldwide, affecting approximately 1 in every 3,500 boys worldwide. "(5) Children with muscular dystrophy exhibit extreme symptoms of weakness, delay in walking, waddling gait, difficulty in climbing stairs, and progressive mobility problems often in combination with muscle hypertrophy. "(6) Other forms of muscular dystrophy affecting children and adults include Becker, limb girdle, congenital, facioscapulohumeral, myotonic, oculopharyngeal, distal, and Emery- Dreifuss muscular dystrophies. "(7) Myotonic muscular dystrophy (also known as Steinert's disease and dystrophia myotonica) is the second most prominent form of muscular dystrophy and the type most commonly found in adults. Unlike any of the other muscular dystrophies, the muscle weakness is accompanied by myotonia (delayed relaxation of muscles after contraction) and by a variety of abnormalities in addition to those of muscle. "(8) Facioscapulohumeral muscular dystrophy (referred to in this section as 'FSHD') is a neuromuscular disorder that is inherited genetically and has an estimated frequency of 1 in 20,000. FSHD, affecting between 15,000 to 40,000 persons, causes a progressive and sever [sic] loss of skeletal muscle gradually bringing weakness and reduced mobility. Many persons with FSHD become severely physically disabled and spend many decades in a wheelchair. "(9) FSHD is regarded as a novel genetic phenomenon resulting from a crossover of subtelomeric DNA and may be the only human disease caused by a deletion-mutation. "(10) Each of the muscular dystrophies, though distinct in progressivity and severity of symptoms, have a devastating impact on tens of thousands of children and adults throughout the United States and worldwide and impose severe physical and economic burdens on those affected. "(11) Muscular dystrophies have a significant impact on quality of life - not only for the individual who experiences its painful symptoms and resulting disability, but also for family members and caregivers. "(12) Development of therapies for these disorders, while realistic with recent advances in research, is likely to require costly investments and infrastructure to support gene and other therapies. "(13) There is a shortage of qualified researchers in the field of neuromuscular research. "(14) Many family physicians and health care professionals lack the knowledge and resources to detect and properly diagnose the disease as early as possible, thus exacerbating the progressiveness of symptoms in cases that go undetected or misdiagnosed. "(15) There is a need for efficient mechanisms to translate clinically relevant findings in muscular dystrophy research from basic science to applied work. "(16) Educating the public and health care community throughout the country about this devastating disease is of paramount importance and is in every respect in the public interest and to the benefit of all communities." REPORT TO CONGRESS Pub. L. 107-84, Sec. 6, Dec. 18, 2001, 115 Stat. 829, which directed the Secretary of Health and Human Services to prepare and submit to appropriate committees of Congress a report concerning the implementation of Pub. L. 107-84 not later than Jan. 1, 2003, and each Jan. 1 thereafter, was repealed by Pub. L. 109-482, title I, Sec. 104(b)(3)(H), Jan. 15, 2007, 120 Stat. 3694. -FOOTNOTE- (!1) So in original. Probably should be plural. -End- -CITE- 42 USC Sec. 247b-19 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-19. Information and education -STATUTE- (a) In general The Secretary of Health and Human Services (referred to in this Act as the "Secretary") shall establish and implement a program to provide information and education on muscular dystrophy to health professionals and the general public, including information and education on advances in the diagnosis and treatment of muscular dystrophy and training and continuing education through programs for scientists, physicians, medical students, and other health professionals who provide care for patients with muscular dystrophy. (b) Stipends The Secretary may use amounts made available under this section provides (!1) stipends for health professionals who are enrolled in training programs under this section. (c) Requirements In carrying out this section, the Secretary may - (1) partner with leaders in the muscular dystrophy patient community; (2) cooperate with professional organizations and the patient community in the development and issuance of care considerations for Duchenne-Becker muscular dystrophy, and other forms of muscular dystrophy, and in periodic review and updates, as appropriate; and (3) widely disseminate the Duchenne-Becker muscular dystrophy and other forms of muscular dystrophy care considerations as broadly as possible, including through partnership opportunities with the muscular dystrophy patient community. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. -SOURCE- (Pub. L. 107-84, Sec. 5, Dec. 18, 2001, 115 Stat. 828; Pub. L. 110- 361, Sec. 4, Oct. 8, 2008, 122 Stat. 4011.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 107-84, Dec. 18, 2001, 115 Stat. 823, known as the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001 and also as the MD-CARE Act. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 201 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001, also known as the MD-CARE Act, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 2008 - Subsecs. (c), (d). Pub. L. 110-361 added subsec. (c) and redesignated former subsec. (c) as (d). -FOOTNOTE- (!1) So in original. Probably should be "to provide". -End- -CITE- 42 USC Sec. 247b-20 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-20. Food safety grants -STATUTE- (a) In general The Secretary may award grants to States and Indian tribes (as defined in section 450b(e) of title 25) to expand participation in networks to enhance Federal, State, and local food safety efforts, including meeting the costs of establishing and maintaining the food safety surveillance, technical, and laboratory capacity needed for such participation. (b) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $19,500,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2015. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317R, as added Pub. L. 107- 188, title III, Sec. 312, June 12, 2002, 116 Stat. 674; amended Pub. L. 108-75, Sec. 2(1), Aug. 15, 2003, 117 Stat. 898; Pub. L. 111-353, title II, Sec. 205(d), Jan. 4, 2011, 124 Stat. 3939.) -MISC1- AMENDMENTS 2011 - Subsec. (b). Pub. L. 111-353 substituted "2010" for "2002" and "2011 through 2015" for "2003 through 2006". 2003 - Pub. L. 108-75 made technical amendment relating to placement of section within original act. -End- -CITE- 42 USC Sec. 247b-21 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-21. Mosquito-borne diseases; coordination grants to States; assessment and control grants to political subdivisions -STATUTE- (a) Coordination grants to States; assessment grants to political subdivisions (1) In general With respect to mosquito control programs to prevent and control mosquito-borne diseases (referred to in this section as "control programs"), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the purpose of - (A) coordinating control programs in the State involved; and (B) assisting such State in making grants to political subdivisions of the State to conduct assessments to determine the immediate needs in such subdivisions for control programs, and to develop, on the basis of such assessments, plans for carrying out control programs in the subdivisions. (2) Preference in making grants In making grants under paragraph (1), the Secretary shall give preference to States that have one or more political subdivisions with an incidence, prevalence, or high risk of mosquito-borne disease, or a population of infected mosquitoes, that is substantial relative to political subdivisions in other States. (3) Certain requirements A grant may be made under paragraph (1) only if - (A) the State involved has developed, or agrees to develop, a plan for coordinating control programs in the State, and the plan takes into account any assessments or plans described in subsection (b)(3) of this section that have been conducted or developed, respectively, by political subdivisions in the State; (B) in developing such plan, the State consulted or will consult (as the case may be under subparagraph (A)) with political subdivisions in the State that are carrying out or planning to carry out control programs; (C) the State agrees to monitor control programs in the State in order to ensure that the programs are carried out in accordance with such plan, with priority given to coordination of control programs in political subdivisions described in paragraph (2) that are contiguous; (D) the State agrees that the State will make grants to political subdivisions as described in paragraph (1)(B), and that such a grant will not exceed $10,000; and (E) the State agrees that the grant will be used to supplement, and not supplant, State and local funds available for the purpose described in paragraph (1). (4) Reports to Secretary A grant may be made under paragraph (1) only if the State involved agrees that, promptly after the end of the fiscal year for which the grant is made, the State will submit to the Secretary a report that - (A) describes the activities of the State under the grant; and (B) contains an evaluation of whether the control programs of political subdivisions in the State were effectively coordinated with each other, which evaluation takes into account any reports that the State received under subsection (b)(5) of this section from such subdivisions. (5) Number of grants A State may not receive more than one grant under paragraph (1). (b) Prevention and control grants to political subdivisions (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States or consortia of political subdivisions of States, for the operation of control programs. (2) Preference in making grants In making grants under paragraph (1), the Secretary shall give preference to a political subdivision or consortium of political subdivisions that - (A) has - (i) a history of elevated incidence or prevalence of mosquito-borne disease; (ii) a population of infected mosquitoes; or (iii) met criteria determined by the Secretary to suggest an increased risk of elevated incidence or prevalence of mosquito-borne disease in the pending fiscal year; (B) demonstrates to the Secretary that such political subdivision or consortium of political subdivisions will, if appropriate to the mosquito circumstances involved, effectively coordinate the activities of the control programs with contiguous political subdivisions; (C) demonstrates to the Secretary (directly or through State officials) that the State in which such a political subdivision or consortium of political subdivisions is located has identified or will identify geographic areas in such State that have a significant need for control programs and will effectively coordinate such programs in such areas; and (D) is located in a State that has received a grant under subsection (a) of this section. (3) Requirement of assessment and plan A grant may be made under paragraph (1) only if the political subdivision or consortium of political subdivisions involved - (A) has conducted an assessment to determine the immediate needs in such subdivision or consortium for a control program, including an entomological survey of potential mosquito breeding areas; and (B) has, on the basis of such assessment, developed a plan for carrying out such a program. (4) Requirement of matching funds (A) In general With respect to the costs of a control program to be carried out under paragraph (1) by a political subdivision or consortium of political subdivisions, a grant under such paragraph may be made only if the subdivision or consortium agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 1/3 of such costs ($1 for each $2 of Federal funds provided in the grant). (B) Determination of amount contributed Non-Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (C) Waiver The Secretary may waive the requirement established in subparagraph (A) if the Secretary determines that extraordinary economic conditions in the political subdivision or consortium of political subdivisions involved justify the waiver. (5) Reports to Secretary A grant may be made under paragraph (1) only if the political subdivision or consortium of political subdivisions involved agrees that, promptly after the end of the fiscal year for which the grant is made, the subdivision or consortium will submit to the Secretary, and to the State within which the subdivision or consortium is located, a report that describes the control program and contains an evaluation of whether the program was effective. (6) Amount of grant; number of grants (A) Amount of grant (i) Single political subdivision A grant under paragraph (1) awarded to a political subdivision for a fiscal year may not exceed $100,000. (ii) Consortium A grant under paragraph (1) awarded to a consortium of 2 or more political subdivisions may not exceed $110,000 for each political subdivision. A consortium is not required to provide matching funds under paragraph (4) for any amounts received by such consortium in excess of amounts each political subdivision would have received separately. (iii) Waiver of requirement A grant may exceed the maximum amount in clause (i) or (ii) if the Secretary determines that the geographical area covered by a political subdivision or consortium awarded a grant under paragraph (1) has an extreme need due to the size or density of - (I) the human population in such geographical area; or (II) the mosquito population in such geographical area. (B) Number of grants A political subdivision or a consortium of political subdivisions may not receive more than one grant under paragraph (1). (c) Applications for grants A grant may be made under subsection (a) or (b) of this section only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (d) Technical assistance Amounts appropriated under subsection (f) of this section may be used by the Secretary to provide training and technical assistance with respect to the planning, development, and operation of assessments and plans under subsection (a) of this section and control programs under subsection (b) of this section. The Secretary may provide such technical assistance directly or through awards of grants or contracts to public and private entities. (e) Definition of political subdivision In this section, the term "political subdivision" means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that functions in lieu of, and is not within, a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this section. (f) Authorization of appropriations (1) In general For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2003, and such sums as may be necessary for each of fiscal years 2004 through 2007. (2) Public health emergencies In the case of control programs carried out in response to a mosquito-borne disease that constitutes a public health emergency, the authorization of appropriations under paragraph (1) is in addition to applicable authorizations of appropriations under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. (3) Fiscal year 2004 appropriations For fiscal year 2004, 50 percent or more of the funds appropriated under paragraph (1) shall be used to award grants to political subdivisions or consortia of political subdivisions under subsection (b) of this section. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317S, as added Pub. L. 108- 75, Sec. 2(2), Aug. 15, 2003, 117 Stat. 898.) -REFTEXT- REFERENCES IN TEXT The Public Health Security and Bioterrorism Preparedness and Response Act of 2002, referred to in subsec. (f)(2), is Pub. L. 107- 188, June 12, 2002, 116 Stat. 594, as amended. For complete classification of this Act to the Code, see Short Title of 2002 Amendments note set out under section 201 of this title and Tables. -End- -CITE- 42 USC Sec. 247b-22 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247b-22. Microbicide research -STATUTE- (a) In general The Director of the Centers for Disease Control and Prevention is strongly encouraged to fully implement the Centers' microbicide agenda to support research and development of microbicides for use to prevent the transmission of the human immunodeficiency virus. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2013 to carry out this section. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 317T, as added Pub. L. 110- 293, title II, Sec. 203(d), July 30, 2008, 122 Stat. 2941.) -End- -CITE- 42 USC Sec. 247c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247c. Sexually transmitted diseases; prevention and control projects and programs -STATUTE- (a) Technical assistance to public and nonprofit private entities and scientific institutions The Secretary may provide technical assistance to appropriate public and nonprofit private entities and to scientific institutions for their research in, and training and public health programs for, the prevention and control of sexually transmitted diseases. (b) Research, demonstration, and public information and education projects The Secretary may make grants to States, political subdivisions of States, and any other public and nonprofit private entity for - (1) research into the prevention and control of sexually transmitted diseases; (2) demonstration projects for the prevention and control of sexually transmitted diseases; (3) public information and education programs for the prevention and control of such diseases; and (4) education, training, and clinical skills improvement activities in the prevention and control of such diseases for health professionals (including allied health personnel). (c) Project grants to States The Secretary is also authorized to make project grants to States and, in consultation with the State health authority, to political subdivisions of States, for - (1) sexually transmitted diseases surveillance activities, including the reporting, screening, and followup of diagnostic tests for, and diagnosed cases of, sexually transmitted diseases; (2) casefinding and case followup activities respecting sexually transmitted diseases, including contact tracing of infectious cases of sexually transmitted diseases and routine testing, including laboratory tests and followup systems; (3) interstate epidemiologic referral and followup activities respecting sexually transmitted diseases; and (4) such special studies or demonstrations to evaluate or test sexually transmitted diseases prevention and control strategies and activities as may be prescribed by the Secretary. (d) Grants for innovative, interdisciplinary approaches The Secretary may make grants to States and political subdivisions of States for the development, implementation, and evaluation of innovative, interdisciplinary approaches to the prevention and control of sexually transmitted diseases. (e) Authorization of appropriations; terms and conditions; payments; recordkeeping; audit; grant reduction; information disclosure (1) For the purpose of making grants under subsections (b) through (d) of this section, there are authorized to be appropriated $85,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. (2) Each recipient of a grant under this section shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant was given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (3) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of grants under this section that are pertinent to such grants. (4) The Secretary, at the request of a recipient of a grant under this section, may reduce such grant by the fair market value of any supplies or equipment furnished to such recipient and by the amount of pay, allowances, travel expenses, and any other costs in connection with the detail of an officer or employee of the United States to the recipient when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such recipient and for the purpose of carrying out the program with respect to which the grant under this section is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies, equipment, or personal services on which the reduction of such grant is based. (5) All information obtained in connection with the examination, care, or treatment of any individual under any program which is being carried out with a grant made under this section shall not, without such individual's consent, be disclosed except as may be necessary to provide service to him or as may be required by a law of a state or political subdivision of a State. Information derived from any such program may be disclosed - (A) in summary, statistical, or other form; or (B) for clinical or research purposes; but only if the identity of the individuals diagnosed or provided care or treatment under such program is not disclosed. (f) Consent of individuals Nothing in this section shall be construed to require any State or any political subdivision of a State to have a sexually transmitted diseases program which would require any person, who objects to any treatment provided under such a program, to be treated under such a program. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 318, as added Pub. L. 92- 449, title II, Sec. 203, Sept. 30, 1972, 86 Stat. 751; amended Pub. L. 94-317, title II, Sec. 203(b)-(i), June 23, 1976, 90 Stat. 704, 705; Pub. L. 94-484, title IX, Sec. 905(b)(2), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95-626, title II, Sec. 204(b)(1), (c), (d), Nov. 10, 1978, 92 Stat. 3583; Pub. L. 96-32, Sec. 6(j), July 10, 1979, 93 Stat. 84; Pub. L. 97-35, title IX, Sec. 929, Aug. 13, 1981, 95 Stat. 569; Pub. L. 98-555, Sec. 3, Oct. 30, 1984, 98 Stat. 2854; Pub. L. 100-607, title III, Sec. 311, Nov. 4, 1988, 102 Stat. 3112; Pub. L. 103-183, title IV, Sec. 401, Dec. 14, 1993, 107 Stat. 2236; Pub. L. 105-392, title IV, Sec. 401(b)(2), (c), Nov. 13, 1998, 112 Stat. 3587.) -MISC1- PRIOR PROVISIONS A prior section 247c, act July 1, 1944, ch. 373 title III, Sec. 318, as added Aug. 18, 1964, Pub. L. 88-443, Sec. 2, 78 Stat. 447, related to grants for assisting in the areawide planning of health and related facilities, prior to repeal by Pub. L. 89-749, Sec. 6, Nov. 3, 1966, 80 Stat. 1190 eff. July 1, 1967. AMENDMENTS 1998 - Subsec. (e). Pub. L. 105-392, Sec. 401(b)(2), redesignated subsec. (e), relating to consent of individuals, as (f). Subsec. (e)(5). Pub. L. 105-392, Sec. 401(c), made technical amendment to directory language of Pub. L. 103-183, Sec. 401(c)(3). See 1993 Amendment note below. Subsec. (f). Pub. L. 105-392, Sec. 401(b)(2), redesignated subsec. (e), relating to consent of individuals, as (f). 1993 - Subsec. (b)(3). Pub. L. 103-183, Sec. 401(c)(1), substituted "; and" for ", and". Subsec. (c)(3). Pub. L. 103-183, Sec. 401(c)(2), which directed the substitution of "; and" for ", and", could not be executed because ", and" did not appear. Subsec. (d). Pub. L. 103-183, Sec. 401(a)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 103-183, Sec. 401(a)(1), redesignated subsec. (d), relating to authorization of appropriations, etc., as (e). Subsec. (e)(1). Pub. L. 103-183, Sec. 401(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "For the purpose of making grants under subsections (b) and (c) of this section there are authorized to be appropriated $45,000,000 for the fiscal year ending September 30, 1979, $51,500,000 for the fiscal year ending September 30, 1980, $59,000,000 for the fiscal year ending September 30, 1981, $40,000,000 for the fiscal year ending September 30, 1982, $46,500,000 for the fiscal year ending September 30, 1983, $50,000,000 for the fiscal year ending September 30, 1984, $57,000,000 for the fiscal year ending September 30, 1985, $62,500,000 for the fiscal year ending September 30, 1986, $68,000,000 for the fiscal year ending September 30, 1987, $78,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 and 1991. For grants under subsection (b) of this section in any fiscal year, the Secretary shall obligate not less than 10 per centum of the amount appropriated for such fiscal year under the preceding sentence. Grants made under subsection (b) or (c) of this section shall be made on such terms and conditions as the Secretary finds necessary to carry out the purposes of such subsection, and payments under any such grants shall be made in advance or by way of reimbursement and in such installments as the Secretary finds necessary." Subsec. (e)(5). Pub. L. 103-183, Sec. 401(c)(3), as amended by Pub. L. 105-392, Sec. 401(c), substituted "form; or" for "form, or" in subpar. (A) and "purposes;" for "purposes," in subpar. (B). 1988 - Pub. L. 100-607, Sec. 311(1), amended section catchline. Subsec. (d). Pub. L. 100-607, Sec. 311(2), (3), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to acquired immune deficiency syndrome. Subsec. (d)(1). Pub. L. 100-607, Sec. 311(4), substituted "(b) and (c)" for "(b), (c), and (d)", struck out "and" after "1986,", and inserted ", $78,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 and 1991" before period at end of first sentence; substituted "(b) or (c)" for "(b), (c), or (d)" in third sentence; and struck out at end "If the appropriations under the first sentence for fiscal year 1985 exceed $50,000,000, one-half of the amount in excess of $50,000,000 shall be made available for grants under subsection (d) of this section; if the appropriations under the first sentence for fiscal year 1986 exceed $52,500,000, one-half of the amount in excess of $52,500,000 shall be made available for such grants; and if the appropriations under the first sentence for fiscal year 1987 exceed $55,000,000, one-half of the amount in excess of $55,000,000 shall be made available for such grants." Subsecs. (e) to (g). Pub. L. 100-607, Sec. 311(2), (3), struck out subsec. (f) which related to conditional limitation on use of funds and redesignated subsecs. (e) and (g) as (d) and (e), respectively. 1984 - Subsec. (a). Pub. L. 98-555, Sec. 3(b)(1), substituted "research in, and training and public health programs for, the prevention and control of sexually transmitted diseases" for "research, training, and public health programs for the prevention and control of venereal disease". Subsec. (b). Pub. L. 98-555, Sec. 3(b)(2), in amending subsec. (b) generally, designated existing provisions as pars. (1) to (3), added par. (4), and substituted references to sexually transmitted diseases for reference to venereal disease. Subsec. (c). Pub. L. 98-555, Sec. 3(b)(3), (6)(A), substituted "sexually transmitted diseases" for "venereal disease" wherever appearing, struck out par. (4) relating to professional venereal disease education, training and clinical skills improvement activities, and redesignated par. (5) as (4). Subsec. (d). Pub. L. 98-555, Sec. 3(b)(5)(A), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 98-555, Sec. 3(a), (b)(4), (5), redesignated subsec. (d) as (e), and in par. (1) of subsec. (e) as so redesignated, substituted "(b), (c), and (d)" for "(b) and (c)", inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1985, 1986, and 1987, substituted "10 per centum" for "5 per centum", and inserted provisions directing that one-half the excess of appropriations in fiscal years 1985, 1986, and 1987 over certain amounts be made available for grants under subsec. (d). Notwithstanding language of section 3(b)(5)(B)(ii) directing the substitution of "(b), (c), or (d)" for "(b) or (c)" in second sentence of subsec. (e)(1), the amendment was executed by making the substitution in third sentence of subsec. (e)(1) to reflect the probable intent of Congress because "(b) or (c)" did not appear in second sentence. Former subsec. (e) redesignated (f). Subsecs. (f), (g). Pub. L. 98-555, Sec. 3(b)(5)(A), (6)(A), (C), redesignated subsecs. (e) and (f) as (f) and (g), respectively, in subsecs. (f) and (g) as so redesignated, substituted "sexually transmitted diseases" for "venereal disease", and struck out former subsec. (g) which defined venereal disease. 1981 - Subsec. (d)(1). Pub. L. 97-35 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984. 1979 - Subsec. (b). Pub. L. 96-32 amended directory language of Pub. L. 95-626, Sec. 204(c)(2), and required no change in text. See 1978 Amendment note below. 1978 - Subsec. (b). Pub. L. 95-626, Sec. 204(c)(2), as amended by Pub. L. 96-32, substituted "research, demonstrations, and public information and education for the prevention and control of venereal disease" for "research, demonstrations, education, and training for the prevention and control of venereal disease", struck out "(1)" preceding provisions thus amended, and struck out par. (2) which authorized appropriation of $5,000,000 for fiscal year 1976, $6,600,000 for fiscal year 1977, and $7,600,000 for fiscal year 1978 for purpose of carrying out this subsection. Subsec. (c). Pub. L. 95-626, Sec. 204(d), struck out "(1)" after "(c)" at beginning of existing provisions, changed designations at beginning of each of the five clauses from "(A)", "(B)", "(C)", "(D)", and "(E)" to "(1)", "(2)", "(3)", "(4)", and "(5)", respectively, substituted "The Secretary is also authorized" for "The Secretary is authorized" in provisions preceding cl. (1) as redesignated, substituted "professional (including appropriate allied health personnel) venereal disease education, training and clinical skills improvement activities" for "professional and public venereal disease education activities" in cl. (4) as redesignated, and struck out former par. (2) which had authorized appropriations of $32,000,000 for fiscal year 1976, $41,500,000 for fiscal year 1977, and $43,500,000 for fiscal year 1978. Subsec. (d)(1). Pub. L. 95-626, Sec. 204(c)(1), inserted provisions authorizing appropriations of $45,000,000 for fiscal year ending Sept. 30, 1979, $51,500,000 for fiscal year ending Sept. 30, 1980, and $59,000,000 for fiscal year ending Sept. 30, 1981, for purpose of making grants under subsecs. (b) and (c) of this section, and inserted provisions directing Secretary to obligate not less than 5 per centum of amount appropriated for any fiscal year. Subsec. (f). Pub. L. 95-626, Sec. 204(b)(1), redesignated subsec. (g) as (f). Former subsec. (f), requiring that not to exceed 50 per centum of amounts appropriated for any fiscal year under subsecs. (b) and (c) of this section could be used by Secretary for grants for such fiscal year under section 247b of this title, was struck out. Subsec. (g). Pub. L. 95-626, Sec. 204(b)(1), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). 1976 - Subsec. (a). Pub. L. 94-317, Sec. 203(c), substituted "public and nonprofit private entities and to" for "public authorities and". Subsec. (b)(1). Pub. L. 94-317, Sec. 203(i), inserted "education," before "and training". Subsec. (b)(2). Pub. L. 94-317, Sec. 203(b)(1), substituted provisions authorizing appropriations of $5,000,000 for fiscal year 1976, $6,600,000 for fiscal year 1977, and $7,600,000 for fiscal year 1978, for provisions authorizing appropriations of $7,500,000 for fiscal year ending June 30, 1973, and for each of the next two fiscal years. Subsec. (c). Pub. L. 94-484, purported to amend former subsec. (c)(1) by defining "State" to include the Northern Mariana Islands. Former subsec. (c) of this section had been previously repealed by section 203(f)(1) of Pub. L. 94-317. See par. below. Pub. L. 94-317, Sec. 203(b)(2), (d), (e), (f)(1), (3), (8), redesignated subsec. (d) as (c), inserted, in par. (1)(B), reference to routine testing, including laboratory tests and followup systems and substituted in par. (1)(E). "prevention and control strategies and activities" for "control" and, in par. (2), provisions authorizing appropriations of $32,000,000 for fiscal year 1976, $41,500,000 for fiscal year 1977, and $43,500,000 for fiscal year 1978, for provisions authorizing appropriations of $30,000,000 for the fiscal year ending June 30, 1973, and for each of the next two succeeding fiscal years. Former subsec. (c), which provided for authorization of appropriations to enable the Secretary to make grants to state health authorities to establish and maintain programs for diagnosis and treatment of venereal disease was amended by striking out reference to dark-field microscope techniques for diagnosis of both gonorrhea an syphilis, and as so amended, was repealed. Subsec. (d). Pub. L. 94-317, Sec. 203(f)(2), (4), (5), (8), redesignated subsec. (e) as (d), substituted in par. (1) "or (c)" for "or (d)", struck out in par. (4) provisions relating to the amount of reduction of a grant under former subsec. (c) whereby such amount shall be deemed a part of the grant to the recipient of the grant and shall be deemed to have been paid to such recipient, and inserted in par. (5) reference to requirement by law of a State or political subdivision of a state. Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 94-317, Sec. 203(f)(8), (g), redesignated subsec. (f) as (e) and substituted "247b(g)(2) of this title" for "247b(d)(4) of this title". Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 94-317, Sec. 203(f)(6), (8), redesignated subsec. (g) as (f) and substituted "and (c)" for ", (c), and (d)". Former subsec. (f) redesignated (e). Subsec. (g). Pub. L. 94-317, Sec. 203(f)(7), (8), redesignated subsec. (h) as (g) and struck out "treated or to have any child or ward of his" after "a program, to be". Former subsec. (g) redesignated (f). Subsec. (h). Pub. L. 94-317, Sec. 203(h), added subsec. (h). Former subsec. (h) redesignated (g). EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-392 deemed to have taken effect immediately after enactment of Pub. L. 103-183, see section 401(e) of Pub. L. 105-392, set out as a note under section 242m of this title. DISTRIBUTION OF INFORMATION ON ACQUIRED IMMUNE DEFICIENCY SYNDROME BY DIRECTOR OF CENTERS FOR DISEASE CONTROL TO EVERY AMERICAN HOUSEHOLD Pub. L. 100-202, Sec. 101(h) [title II], Dec. 22, 1987, 101 Stat. 1329-256, 1329-365, provided: "That the Director shall cause to be distributed without necessary clearance of the content by any official, organization or office, an AIDS mailer to every American household by June 30, 1988, as approved and funded by the Congress in Public Law 100-71 [July 11, 1987, 101 Stat. 391]." CONGRESSIONAL FINDINGS AND DECLARATIONS Section 204(a) of Pub. L. 95-626 provided that: "The Congress finds and declares that - "(1) the number of reported cases of venereal disease persists in epidemic proportions in the United States; "(2) the number of persons affected by venereal disease and reported to public health authorities is only a fraction of those actually affected; "(3) the incidence of venereal disease continues to be particularly high among American youth, ages fifteen to twenty- nine, and among populations in metropolitan areas; "(4) venereal disease accounts for severe permanent disabilities and sometimes death in newborns and causes reproductive dysfunction in women of childbearing age; "(5) it is conservatively estimated that the public cost of health care for persons suffering from complications of venereal disease exceeds one-half billion dollars annually; "(6) the number of trained Federal venereal disease prevention and control personnel has fallen to a dangerously inadequate level; "(7) no vaccine for syphilis, gonorrhea, or any other venereal disease has yet been developed, nor does a blood test for the detection of asymptomatic gonorrhea in women exist, nor are safe and effective therapeutic agents available for some other venereal diseases; "(8) school health education programs, public information and awareness campaigns, mass diagnostic screening and case followup have all been found to be effective venereal disease prevention and control methodologies; "(9) skilled and knowledgeable health care providers, informed and concerned individuals and active, well-coordinated voluntary groups are fundamental to venereal disease prevention and control; "(10) biomedical research toward improved diagnostic and therapeutic tools is of singular importance to the elimination of venereal disease; and "(11) an increasing number of sexually transmissible diseases besides syphilis and gonorrhea have become a public health hazard." Section 203(a) of Pub. L. 94-317 provided that: "The Congress finds and declares that - "(1) the number of reported cases of venereal disease continues in epidemic proportions in the United States; "(2) the number of patients with venereal disease reported to public health authorities is only a fraction of those actually infected; "(3) the incidence of venereal disease is particularly high in the 15-29-year age group, and in metropolitan areas; "(4) venereal disease accounts for needless deaths and leads to such severe disabilities as sterility, insanity, blindness, and crippling conditions; "(5) the number of cases of congenital syphilis, a preventable disease, tends to parallel the incidence of syphilis in adults; "(6) it is conservatively estimated that the public cost of care for persons suffering the complications of venereal disease exceed $80,000,000 annually; "(7) medical researchers have no successful vaccine for syphilis or gonorrhea, and have no blood test for the detection of gonorrhea among the large reservoir of asymptomatic females; "(8) school health education programs, public information and awareness campaigns, mass diagnostic screening and case followup activities have all been found to be effective disease intervention methodologies; "(9) knowledgeable health providers and concerned individuals and groups are fundamental to venereal disease prevention and control; "(10) biomedical research leading to the development of vaccines for syphilis and gonorrhea is of singular importance for the eventual eradication of these dreaded diseases; and "(11) a variety of other sexually transmitted diseases, in addition to syphilis and gonorrhea, have become of public health significance." Section 202 of Pub. L. 92-449 provided that: "(a) The Congress finds and declares that - "(1) the number or reported cases of venereal disease has reached epidemic proportions in the United States; "(2) the number of patients with venereal disease reported to public health authorities is only a fraction of those treated by physicians; "(3) the incidence of venereal disease is particularly high among individuals in the 20-24 age group, and in metropolitan areas; "(4) venereal disease accounts for needless deaths and leads to such severe disabilities as sterility, insanity, blindness, and crippling conditions; "(5) the number of cases of congenital syphilis, a preventable disease, in infants under one year of age increased by 33 1/3 per centum between 1970 and 1971; "(6) health education programs in schools and through the mass media may prevent a substantial portion of the venereal disease problem; and "(7) medical authorities have no successful vaccine for syphilis or gonorrhea and no blood test for the detection of gonorrhea among the large reservoir of asymptomatic females. "(b) In order to preserve and protect the health and welfare of all citizens, it is the purpose of this Act [this chapter] to establish a national program for the prevention and control of venereal disease." -End- -CITE- 42 USC Sec. 247c-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247c-1. Infertility and sexually transmitted diseases -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States, political subdivisions of States, and other public or nonprofit private entities for the purpose of carrying out the activities described in subsection (c) of this section regarding any treatable sexually transmitted disease that can cause infertility in women if treatment is not received for the disease. (b) Authority regarding individual diseases With respect to diseases described in subsection (a) of this section, the Secretary shall, in making a grant under such subsection, specify the particular disease or diseases with respect to which the grant is to be made. The Secretary may not make the grant unless the applicant involved agrees to carry out this section only with respect to the disease or diseases so specified. (c) Authorized activities With respect to any sexually transmitted disease described in subsection (a) of this section, the activities referred to in such subsection are - (1) screening women for the disease and for secondary conditions resulting from the disease, subject to compliance with criteria issued under subsection (f) of this section; (2) providing treatment to women for the disease; (3) providing counseling to women on the prevention and control of the disease (including, in the case of a woman with the disease, counseling on the benefits of locating and providing such counseling to any individual from whom the woman may have contracted the disease and any individual whom the woman may have exposed to the disease); (4) providing follow-up services; (5) referrals for necessary medical services for women screened pursuant to paragraph (1), including referrals for evaluation and treatment with respect to acquired immune deficiency syndrome and other sexually transmitted diseases; (6) in the case of any woman receiving services pursuant to any of paragraphs (1) through (5), providing to the partner of the woman the services described in such paragraphs, as appropriate; (7) providing outreach services to inform women of the availability of the services described in paragraphs (1) through (6); (8) providing to the public information and education on the prevention and control of the disease, including disseminating such information; and (9) providing training to health care providers in carrying out the screenings and counseling described in paragraphs (1) and (3). (d) Requirement of availability of all services through each grantee The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that each activity authorized in subsection (c) of this section will be available through the applicant. With respect to compliance with such agreement, the applicant may expend the grant to carry out any of the activities directly, and may expend the grant to enter into agreements with other public or nonprofit private entities under which the entities carry out the activities. (e) Required providers regarding certain services The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that, in expending the grant to carry out activities authorized in subsection (c) of this section, the services described in paragraphs (1) through (7) of such subsection will be provided only through entities that are State or local health departments, grantees under section 254b, 254b, 256a, or 300 of this title,(!1) or are other public or nonprofit private entities that provide health services to a significant number of low-income women. (f) Quality assurance regarding screening for diseases For purposes of this section, the Secretary shall establish criteria for ensuring the quality of screening procedures for diseases described in subsection (a) of this section. (g) Confidentiality The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees, subject to applicable law, to maintain the confidentiality of information on individuals with respect to activities carried out under subsection (c) of this section. (h) Limitation on imposition of fees for services The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge - (1) will be made according to a schedule of charges that is made available to the public; (2) will be adjusted to reflect the income of the individual involved; and (3) will not be imposed on any individual with an income of less than 150 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 9902(2) of this title. (i) Limitations on certain expenditures The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that not less than 80 percent of the grant will be expended for the purpose of carrying out paragraphs (1) through (7) of subsection (c) of this section. (j) Reports to Secretary (1) Collection of data The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees, with respect to any disease selected under subsection (b) of this section for the applicant, to submit to the Secretary, for each fiscal year for which the applicant receives such a grant, a report providing - (A) the incidence of the disease among the population of individuals served by the applicant; (B) the number and demographic characteristics of individuals in such population; (C) the types of interventions and treatments provided by the applicant, and the health conditions with respect to which referrals have been made pursuant to subsection (c)(5) of this section; (D) an assessment of the extent to which the activities carried pursuant to subsection (a) of this section have reduced the incidence of infertility in the geographic area involved; and (E) such other information as the Secretary may require with respect to the project carried out with the grant. (2) Utility and comparability of data The Secretary shall carry out activities for the purpose of ensuring the utility and comparability of data collected pursuant to paragraph (1). (k) Maintenance of effort With respect to activities for which a grant under subsection (a) of this section is authorized to be expended, the Secretary may make such a grant only if the applicant involved agrees to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the average level of such expenditures maintained by the applicant for the 2-year period preceding the fiscal year for which the applicant is applying to receive such a grant. (l) Requirement of application (1) In general The Secretary may make a grant under subsection (a) of this section only if an application for the grant is submitted to the Secretary, the application contains the plan required in paragraph (2), and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (2) Submission of plan for program of grantee (A) In general The Secretary may make a grant under subsection (a) of this section only if the applicant involved submits to the Secretary a plan describing the manner in which the applicant will comply with the agreements required as a condition of receiving such a grant, including a specification of the entities through which activities authorized in subsection (c) of this section will be provided. (B) Participation of certain entities The Secretary may make a grant under subsection (a) of this section only if the applicant provides assurances satisfactory to the Secretary that the plan submitted under subparagraph (A) has been prepared in consultation with an appropriate number and variety of - (i) representatives of entities in the geographic area involved that provide services for the prevention and control of sexually transmitted diseases, including programs to provide to the public information and education regarding such diseases; and (ii) representatives of entities in such area that provide family planning services. (m) Duration of grant The period during which payments are made to an entity from a grant under subsection (a) of this section may not exceed 3 years. The provision of such payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments in such year. The preceding sentence may not be construed to establish a limitation on the number of grants under such subsection that may be made to an entity. (n) Technical assistance, and supplies and services in lieu of grant funds (1) Technical assistance The Secretary may provide training and technical assistance to grantees under subsection (a) of this section with respect to the planning, development, and operation of any program or service carried out under such subsection. The Secretary may provide such technical assistance directly or through grants or contracts. (2) Supplies, equipment, and employee detail The Secretary, at the request of a recipient of a grant under subsection (a) of this section, may reduce the amount of such grant by - (A) the fair market value of any supplies or equipment furnished the grant recipient; and (B) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the grant recipient and the amount of any other costs incurred in connection with the detail of such officer or employee; when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such grant recipient and for the purpose of carrying out a program with respect to which the grant under subsection (a) of this section is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such grant is based, and such amount shall be deemed as part of the grant and shall be deemed to have been paid to the grant recipient. (o) Evaluations and reports by Secretary (1) Evaluations The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to subsection (a) of this section in order to determine the quality and effectiveness of the programs. (2) Report to Congress Not later than 1 year after the date on which amounts are first appropriated pursuant to subsection (q) of this section, and biennially thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report - (A) summarizing the information provided to the Secretary in reports made pursuant to subsection (j)(1) of this section, including information on the incidence of sexually transmitted diseases described in subsection (a) of this section; and (B) summarizing evaluations carried out pursuant to paragraph (1) during the preceding fiscal year. (p) Coordination of Federal programs The Secretary shall coordinate the program carried out under this section with any similar programs administered by the Secretary (including coordination between the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health). (q) Authorization of appropriations For the purpose of carrying out this section, other than subsections (o) and (r) of this section, there are authorized to be appropriated $25,000,000 for fiscal year 1993, and such sums as may be necessary for each of the fiscal years 1994 through 1998. (r) Separate grants for research on delivery of services (1) In general The Secretary may make grants for the purpose of conducting research on the manner in which the delivery of services under subsection (a) of this section may be improved. The Secretary may make such grants only to grantees under such subsection and to public and nonprofit private entities that are carrying out programs substantially similar to programs carried out under such subsection. (2) Authorization of appropriations For the purpose of carrying out paragraph (1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993 through 1998. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 318A, as added Pub. L. 102- 531, title III, Sec. 304, Oct. 27, 1992, 106 Stat. 3490; amended Pub. L. 103-43, title XX, Sec. 2008(i)(1)(B)(ii), June 10, 1993, 107 Stat. 212; Pub. L. 103-183, title IV, Sec. 402, Dec. 14, 1993, 107 Stat. 2236; Pub. L. 107-251, title VI, Sec. 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 108-163, Sec. 2(m)(1), Dec. 6, 2003, 117 Stat. 2023.) -REFTEXT- REFERENCES IN TEXT The reference to section 254b of this title the first place appearing, referred to in subsec. (e), was in the original a reference to section 329, meaning section 329 of act July 1, 1944, which was omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of this subchapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Section 256a of this title, referred to in subsec. (e), was repealed by Pub. L. 104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 3645. -MISC1- AMENDMENTS 2003 - Subsec. (e). Pub. L. 108-163 substituted "254b" for "254c, 254b(h)" before ", 256a". 2002 - Subsec. (e). Pub. L. 107-251 substituted "254b(h)" for "256". 1993 - Pub. L. 103-43 made technical amendment to directory language of Pub. L. 102-531, Sec. 304, which enacted this section. Subsec. (o)(2). Pub. L. 103-183, Sec. 402(a), substituted "subsection (q)" for "subsection (s)". Subsec. (q). Pub. L. 103-183, Sec. 402(b)(1), substituted "through 1998" for "and 1995". Subsec. (r)(2). Pub. L. 103-183, Sec. 402(b)(2), substituted "1998" for "1995". -CHANGE- CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. -MISC2- EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-163 deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as a note under section 233 of this title. -FOOTNOTE- (!1) See References in Text notes below. -End- -CITE- 42 USC Sec. 247c-2 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247c-2. Data collection regarding programs under subchapter XXIV -STATUTE- For the purpose of collecting and providing data for program planning and evaluation activities under subchapter XXIV of this chapter, there are authorized to be appropriated to the Secretary (acting through the Director of the Centers for Disease Control and Prevention) such sums as may be necessary for each of the fiscal years 2001 through 2005. Such authorization of appropriations is in addition to other authorizations of appropriations that are available for such purpose. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 318B, as added Pub. L. 106- 345, title IV, Sec. 412, Oct. 20, 2000, 114 Stat. 1350.) -End- -CITE- 42 USC Sec. 247d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d. Public health emergencies -STATUTE- (a) Emergencies If the Secretary determines, after consultation with such public health officials as may be necessary, that - (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination. (b) Public Health Emergency Fund (1) In general There is established in the Treasury a fund to be designated as the "Public Health Emergency Fund" to be made available to the Secretary without fiscal year limitation to carry out subsection (a) of this section only if a public health emergency has been declared by the Secretary under such subsection. There is authorized to be appropriated to the Fund such sums as may be necessary. (2) Report Not later than 90 days after the end of each fiscal year, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Commerce and the Committee on Appropriations of the House of Representatives a report describing - (A) the expenditures made from the Public Health Emergency Fund in such fiscal year; and (B) each public health emergency for which the expenditures were made and the activities undertaken with respect to each emergency which was conducted or supported by expenditures from the Fund. (c) Supplement not supplant Funds appropriated under this section shall be used to supplement and not supplant other Federal, State, and local public funds provided for activities under this section. (d) Data submittal and reporting deadlines In any case in which the Secretary determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to subsection (a) of this section, individuals or public or private entities are unable to comply with deadlines for the submission to the Secretary of data or reports required under any law administered by the Secretary, the Secretary may, notwithstanding any other provision of law, grant such extensions of such deadlines as the circumstances reasonably require, and may waive, wholly or partially, any sanctions otherwise applicable to such failure to comply. Before or promptly after granting such an extension or waiver, the Secretary shall notify the Congress of such action and publish in the Federal Register a notice of the extension or waiver. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319, as added Pub. L. 106- 505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2315; amended Pub. L. 107-188, title I, Secs. 141, 144(a), 158, June 12, 2002, 116 Stat. 626, 630, 633.) -MISC1- PRIOR PROVISIONS A prior section 247d, act July 1, 1944, ch. 373, title III, Sec. 319, as added Pub. L. 98-49, July 13, 1983, 97 Stat. 245; amended Pub. L. 100-607, title II, Sec. 256(a), Nov. 4, 1988, 102 Stat. 3110; Pub. L. 102-321, title I, Sec. 163(b)(2), July 10, 1992, 106 Stat. 376; Pub. L. 102-531, title III, Sec. 312(d)(2), Oct. 27, 1992, 106 Stat. 3504, authorized the Secretary to take appropriate action relating to public health emergencies, prior to repeal by Pub. L. 106-505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2315. Another prior section 247d, act July 1, 1944, ch. 373, title III, Sec. 319, formerly Sec. 310, as added Sept. 25, 1962, Pub. L. 87- 692, 76 Stat. 592, and amended and renumbered, which related to migrant health centers, was renumbered section 329 of act July 1, 1944, by Pub. L. 95-626, title I, Sec. 102(a), Nov. 10, 1978, 92 Stat. 3551, and transferred to section 254b of this title, prior to being omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of this subchapter by Pub. L. 104-299, Sec. 2. -CHANGE- CHANGE OF NAME Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. -MISC2- AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-188, Sec. 158, substituted "grants, providing awards for expenses, and" for "grants and" in concluding provisions. Pub. L. 107-188, Sec. 144(a), inserted at end of concluding provisions "Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination." Subsec. (d). Pub. L. 107-188, Sec. 141, added subsec. (d). EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-188, title I, Sec. 144(b), June 12, 2002, 116 Stat. 630, provided that: "The amendment made by subsection (a) [amending this section] applies to any public health emergency under section 319(a) of the Public Health Service Act [subsec. (a) of this section], including any such emergency that was in effect as of the day before the date of the enactment of this Act [June 12, 2002]. In the case of such an emergency that was in effect as of such day, the 90-day period described in such section with respect to the termination of the emergency is deemed to begin on such date of enactment." -End- -CITE- 42 USC Sec. 247d-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-1. Vaccine tracking and distribution -STATUTE- (a) Tracking The Secretary, together with relevant manufacturers, wholesalers, and distributors as may agree to cooperate, may track the initial distribution of federally purchased influenza vaccine in an influenza pandemic. Such tracking information shall be used to inform Federal, State, local, and tribal decision makers during an influenza pandemic. (b) Distribution The Secretary shall promote communication between State, local, and tribal public health officials and such manufacturers, wholesalers, and distributors as agree to participate, regarding the effective distribution of seasonal influenza vaccine. Such communication shall include estimates of high priority populations, as determined by the Secretary, in State, local, and tribal jurisdictions in order to inform Federal, State, local, and tribal decision makers during vaccine shortages and supply disruptions. (c) Confidentiality The information submitted to the Secretary or its contractors, if any, under this section or under any other section of this chapter related to vaccine distribution information shall remain confidential in accordance with the exception from the public disclosure of trade secrets, commercial or financial information, and information obtained from an individual that is privileged and confidential, as provided for in section 552(b)(4) of title 5, and subject to the penalties and exceptions under sections 1832 and 1833 of title 18 relating to the protection and theft of trade secrets, and subject to privacy protections that are consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. None of such information provided by a manufacturer, wholesaler, or distributor shall be disclosed without its consent to another manufacturer, wholesaler, or distributor, or shall be used in any manner to give a manufacturer, wholesaler, or distributor a proprietary advantage. (d) Guidelines The Secretary, in order to maintain the confidentiality of relevant information and ensure that none of the information contained in the systems involved may be used to provide proprietary advantage within the vaccine market, while allowing State, local, and tribal health officials access to such information to maximize the delivery and availability of vaccines to high priority populations, during times of influenza pandemics, vaccine shortages, and supply disruptions, in consultation with manufacturers, distributors, wholesalers and State, local, and tribal health departments, shall develop guidelines for subsections (a) and (b). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums for each of fiscal years 2007 through 2011. (f) Report to Congress As part of the National Health Security Strategy described in section 300hh-1 of this title, the Secretary shall provide an update on the implementation of subsections (a) through (d). -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319A, as added Pub. L. 106- 505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2316; amended Pub. L. 107-188, title I, Sec. 111(1), June 12, 2002, 116 Stat. 611; Pub. L. 109-417, title II, Sec. 204(a), Dec. 19, 2006, 120 Stat. 2850.) -REFTEXT- REFERENCES IN TEXT Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (c), is section 264(c) of Pub. L. 104-191, which is set out as a note under section 1320d-2 of this title. -MISC1- AMENDMENTS 2006 - Pub. L. 109-417 amended section catchline and text generally, substituting provisions relating to vaccine tracking and distribution for provisions relating to establishment of capacities to combat threats to public health. 2002 - Subsec. (a)(1). Pub. L. 107-188 substituted "five years" for "10 years". -End- -CITE- 42 USC Secs. 247d-2, 247d-3 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Secs. 247d-2, 247d-3. Repealed. -MISC1- Secs. 247d-2, 247d-3. Repealed. Pub. L. 109-417, title II, Sec. 204(b)(1), Dec. 19, 2006, 120 Stat. 2851. Section 247d-2, act July 1, 1944, ch. 373, title III, Sec. 319B, as added Pub. L. 106-505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2317; amended Pub. L. 107-188, title I, Sec. 111(2), June 12, 2002, 116 Stat. 611, related to grants to States to assess public health needs. Section 247d-3, act July 1, 1944, ch. 373, title III, Sec. 319C, as added Pub. L. 106-505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2317; amended Pub. L. 107-188, title I, Sec. 131(b), June 12, 2002, 116 Stat. 626, related to grants to improve State and local public health agencies. -End- -CITE- 42 USC Sec. 247d-3a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-3a. Improving State and local public health security -STATUTE- (a) In general To enhance the security of the United States with respect to public health emergencies, the Secretary shall award cooperative agreements to eligible entities to enable such entities to conduct the activities described in subsection (d). (b) Eligible entities To be eligible to receive an award under subsection (a), an entity shall - (1)(A) be a State; (B) be a political subdivision determined by the Secretary to be eligible for an award under this section (based on criteria described in subsection (i)(4)); or (C) be a consortium of entities described in subparagraph (A); and (2) prepare and submit to the Secretary an application at such time, and in such manner, and containing such information as the Secretary may require, including - (A) an All-Hazards Public Health Emergency Preparedness and Response Plan which shall include - (i) a description of the activities such entity will carry out under the agreement to meet the goals identified under section 300hh-1 of this title; (ii) a pandemic influenza plan consistent with the requirements of paragraphs (2) and (5) of subsection (g); (iii) preparedness and response strategies and capabilities that take into account the medical and public health needs of at-risk individuals in the event of a public health emergency; (iv) a description of the mechanism the entity will implement to utilize the Emergency Management Assistance Compact or other mutual aid agreements for medical and public health mutual aid; and (v) a description of how the entity will include the State Unit on Aging in public health emergency preparedness; (B) an assurance that the entity will report to the Secretary on an annual basis (or more frequently as determined by the Secretary) on the evidence-based benchmarks and objective standards established by the Secretary to evaluate the preparedness and response capabilities of such entity under subsection (g); (C) an assurance that the entity will conduct, on at least an annual basis, an exercise or drill that meets any criteria established by the Secretary to test the preparedness and response capabilities of such entity, and that the entity will report back to the Secretary within the application of the following year on the strengths and weaknesses identified through such exercise or drill, and corrective actions taken to address material weaknesses; (D) an assurance that the entity will provide to the Secretary the data described under section 247d-4(d)(3) of this title as determined feasible by the Secretary; (E) an assurance that the entity will conduct activities to inform and educate the hospitals within the jurisdiction of such entity on the role of such hospitals in the plan required under subparagraph (A); (F) an assurance that the entity, with respect to the plan described under subparagraph (A), has developed and will implement an accountability system to ensure that such entity make (!1) satisfactory annual improvement and describe (!2) such system in the plan under subparagraph (A); (G) a description of the means by which to obtain public comment and input on the plan described in subparagraph (A) and on the implementation of such plan, that shall include an advisory committee or other similar mechanism for obtaining comment from the public and from other State, local, and tribal stakeholders; and (H) as relevant, a description of the process used by the entity to consult with local departments of public health to reach consensus, approval, or concurrence on the relative distribution of amounts received under this section. (c) Limitation Beginning in fiscal year 2009, the Secretary may not award a cooperative agreement to a State unless such State is a participant in the Emergency System for Advance Registration of Volunteer Health Professionals described in section 247d-7b of this title. (d) Use of funds (1) In general An award under subsection (a) shall be expended for activities to achieve the preparedness goals described under paragraphs (1), (2), (4), (5), and (6) of section 300hh-1(b) of this title. (2) Effect of section Nothing in this subsection may be construed as establishing new regulatory authority or as modifying any existing regulatory authority. (e) Coordination with local response capabilities An entity shall, to the extent practicable, ensure that activities carried out under an award under subsection (a) are coordinated with activities of relevant Metropolitan Medical Response Systems, local public health departments, the Cities Readiness Initiative, and local emergency plans. (f) Consultation with Homeland Security In making awards under subsection (a), the Secretary shall consult with the Secretary of Homeland Security to - (1) ensure maximum coordination of public health and medical preparedness and response activities with the Metropolitan Medical Response System, and other relevant activities; (2) minimize duplicative funding of programs and activities; (3) analyze activities, including exercises and drills, conducted under this section to develop recommendations and guidance on best practices for such activities; and (4) disseminate such recommendations and guidance, including through expanding existing lessons learned information systems to create a single Internet-based point of access for sharing and distributing medical and public health best practices and lessons learned from drills, exercises, disasters, and other emergencies. (g) Achievement of measurable evidence-based benchmarks and objective standards (1) In general Not later than 180 days after December 19, 2006, the Secretary shall develop or where appropriate adopt, and require the application of, measurable evidence-based benchmarks and objective standards that measure levels of preparedness with respect to the activities described in this section and with respect to activities described in section 247d-3b of this title. In developing such benchmarks and standards, the Secretary shall consult with and seek comments from State, local, and tribal officials and private entities, as appropriate. Where appropriate, the Secretary shall incorporate existing objective standards. Such benchmarks and standards shall - (A) include outcome goals representing operational achievement of the National Preparedness Goals developed under section 300hh-1(b) of this title; and (B) at a minimum, require entities to - (i) measure progress toward achieving the outcome goals; and (ii) at least annually, test, exercise, and rigorously evaluate the public health and medical emergency preparedness and response capabilities of the entity, and report to the Secretary on such measured and tested capabilities and measured and tested progress toward achieving outcome goals, based on criteria established by the Secretary. (2) Criteria for pandemic influenza plans (A) In general Not later than 180 days after December 19, 2006, the Secretary shall develop and disseminate to the chief executive officer of each State criteria for an effective State plan for responding to pandemic influenza. (B) Rule of construction Nothing in this section shall be construed to require the duplication of Federal efforts with respect to the development of criteria or standards, without regard to whether such efforts were carried out prior to or after December 19, 2006.(!3) (3) Technical assistance The Secretary shall, as determined appropriate by the Secretary, provide to a State, upon request, technical assistance in meeting the requirements of this section, including the provision of advice by experts in the development of high-quality assessments, the setting of State objectives and assessment methods, the development of measures of satisfactory annual improvement that are valid and reliable, and other relevant areas. (4) Notification of failures The Secretary shall develop and implement a process to notify entities that are determined by the Secretary to have failed to meet the requirements of paragraph (1) or (2). Such process shall provide such entities with the opportunity to correct such noncompliance. An entity that fails to correct such noncompliance shall be subject to paragraph (5). (5) Withholding of amounts from entities that fail to achieve benchmarks or submit influenza plan Beginning with fiscal year 2009, and in each succeeding fiscal year, the Secretary shall - (A) withhold from each entity that has failed substantially to meet the benchmarks and performance measures described in paragraph (1) for the immediately preceding fiscal year (beginning with fiscal year 2008), pursuant to the process developed under paragraph (4), the amount described in paragraph (6); and (B) withhold from each entity that has failed to submit to the Secretary a plan for responding to pandemic influenza that meets the criteria developed under paragraph (2), the amount described in paragraph (6). (6) Amounts described (A) In general The amounts described in this paragraph are the following amounts that are payable to an entity for activities described in this section or section 247d-3b of this title: (i) For the fiscal year immediately following a fiscal year in which an entity experienced a failure described in subparagraph (A) or (B) of paragraph (5) by the entity, an amount equal to 10 percent of the amount the entity was eligible to receive for such fiscal year. (ii) For the fiscal year immediately following two consecutive fiscal years in which an entity experienced such a failure, an amount equal to 15 percent of the amount the entity was eligible to receive for such fiscal year, taking into account the withholding of funds for the immediately preceding fiscal year under clause (i). (iii) For the fiscal year immediately following three consecutive fiscal years in which an entity experienced such a failure, an amount equal to 20 percent of the amount the entity was eligible to receive for such fiscal year, taking into account the withholding of funds for the immediately preceding fiscal years under clauses (i) and (ii). (iv) For the fiscal year immediately following four consecutive fiscal years in which an entity experienced such a failure, an amount equal to 25 percent of the amount the entity was eligible to receive for such a fiscal year, taking into account the withholding of funds for the immediately preceding fiscal years under clauses (i), (ii), and (iii). (B) Separate accounting Each failure described in subparagraph (A) or (B) of paragraph (5) shall be treated as a separate failure for purposes of calculating amounts withheld under subparagraph (A). (7) Reallocation of amounts withheld (A) In general The Secretary shall make amounts withheld under paragraph (6) available for making awards under section 247d-3b of this title to entities described in subsection (b)(1) of such section. (B) Preference in reallocation In making awards under section 247d-3b of this title with amounts described in subparagraph (A), the Secretary shall give preference to eligible entities (as described in section 247d- 3b(b)(1) of this title) that are located in whole or in part in States from which amounts have been withheld under paragraph (6). (8) Waive or reduce withholding The Secretary may waive or reduce the withholding described in paragraph (6), for a single entity or for all entities in a fiscal year, if the Secretary determines that mitigating conditions exist that justify the waiver or reduction. (h) Grants for real-time disease detection improvement (1) In general The Secretary may award grants to eligible entities to carry out projects described under paragraph (4). (2) Eligible entity For purposes of this section, the term "eligible entity" means an entity that is - (A)(i) a hospital, clinical laboratory, university; or (ii) a poison control center or professional organization in the field of poison control; and (B) a participant in the network established under subsection (!4) 247d-4(d) of this title. (3) Application Each eligible entity desiring a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (4) Use of funds (A) In general An eligible entity described in paragraph (2)(A)(i) that receives a grant under this subsection shall use the funds awarded pursuant to such grant to carry out a pilot demonstration project to purchase and implement the use of advanced diagnostic medical equipment to analyze real-time clinical specimens for pathogens of public health or bioterrorism significance and report any results from such project to State, local, and tribal public health entities and the network established under section 247d-4(d) of this title. (B) Other entities An eligible entity described in paragraph (2)(A)(ii) that receives a grant under this section shall use the funds awarded pursuant to such grant to - (i) improve the early detection, surveillance, and investigative capabilities of poison control centers for chemical, biological, radiological, and nuclear events by training poison information personnel to improve the accuracy of surveillance data, improving the definitions used by the poison control centers for surveillance, and enhancing timely and efficient investigation of data anomalies; (ii) improve the capabilities of poison control centers to provide information to health care providers and the public with regard to chemical, biological, radiological, or nuclear threats or exposures, in consultation with the appropriate State, local, and tribal public health entities; or (iii) provide surge capacity in the event of a chemical, biological, radiological, or nuclear event through the establishment of alternative poison control center worksites and the training of nontraditional personnel. (i) Funding (1) Authorization of appropriations (A) In general For the purpose of carrying out this section, there is authorized to be appropriated $824,000,000 for fiscal year 2007, of which $35,000,000 shall be used to carry out subsection (h), for awards pursuant to paragraph (3) (subject to the authority of the Secretary to make awards pursuant to paragraphs (4) and (5)), and such sums as may be necessary for each of fiscal years 2008 through 2011. (B) Coordination There are authorized to be appropriated, $10,000,000 for fiscal year 2007 to carry out subsection (f)(4) of this section and section 300hh-16 of this title. (C) Requirement for State matching funds Beginning in fiscal year 2009, in the case of any State or consortium of two or more States, the Secretary may not award a cooperative agreement under this section unless the State or consortium of States agree that, with respect to the amount of the cooperative agreement awarded by the Secretary, the State or consortium of States will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to - (i) for the first fiscal year of the cooperative agreement, not less than 5 percent of such costs ($1 for each $20 of Federal funds provided in the cooperative agreement); and (ii) for any second fiscal year of the cooperative agreement, and for any subsequent fiscal year of such cooperative agreement, not less than 10 percent of such costs ($1 for each $10 of Federal funds provided in the cooperative agreement). (D) Determination of amount of non-Federal contributions As determined by the Secretary, non-Federal contributions required in subparagraph (C) may be provided directly or through donations from public or private entities and may be in cash or in kind, fairly evaluated, including plant, equipment or services. Amounts provided by the Federal government, or services assisted or subsidized to any significant extent by the Federal government, may not be included in determining the amount of such non-Federal contributions. (2) Maintaining State funding (A) In general An entity that receives an award under this section shall maintain expenditures for public health security at a level that is not less than the average level of such expenditures maintained by the entity for the preceding 2 year period. (B) Rule of construction Nothing in this section shall be construed to prohibit the use of awards under this section to pay salary and related expenses of public health and other professionals employed by State, local, or tribal public health agencies who are carrying out activities supported by such awards (regardless of whether the primary assignment of such personnel is to carry out such activities). (3) Determination of amount (A) In general The Secretary shall award cooperative agreements under subsection (a) to each State or consortium of 2 or more States that submits to the Secretary an application that meets the criteria of the Secretary for the receipt of such an award and that meets other implementation conditions established by the Secretary for such awards. (B) Base amount In determining the amount of an award pursuant to subparagraph (A) for a State, the Secretary shall first determine an amount the Secretary considers appropriate for the State (referred to in this paragraph as the "base amount"), except that such amount may not be greater than the minimum amount determined under subparagraph (D). (C) Increase on basis of population After determining the base amount for a State under subparagraph (B), the Secretary shall increase the base amount by an amount equal to the product of - (i) the amount appropriated under paragraph (1)(A)(i)(I) (!5) for the fiscal year, less an amount equal to the sum of all base amounts determined for the States under subparagraph (B), and less the amount, if any, reserved by the Secretary under paragraphs (4) and (5); and (ii) subject to paragraph (4)(C), the percentage constituted by the ratio of an amount equal to the population of the State over an amount equal to the total population of the States (as indicated by the most recent data collected by the Bureau of the Census). (D) Minimum amount Subject to the amount appropriated under paragraph (1)(A)(i)(I),(!5) an award pursuant to subparagraph (A) for a State shall be the greater of the base amount as increased under subparagraph (C), or the minimum amount under this subparagraph. The minimum amount under this subparagraph is - (i) in the case of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, an amount equal to the lesser of - (I) $5,000,000; or (II) if the amount appropriated under paragraph (1)(A)(i)(I) (!5) is less than $667,000,000, an amount equal to 0.75 percent of the amount appropriated under such paragraph, less the amount, if any, reserved by the Secretary under paragraphs (4) and (5); or (ii) in the case of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, an amount determined by the Secretary to be appropriate, except that such amount may not exceed the amount determined under clause (i). (4) Certain political subdivisions (A) In general For fiscal year 2007, the Secretary may, before making awards pursuant to paragraph (3) for such year, reserve from the amount appropriated under paragraph (1) for the year an amount determined necessary by the Secretary to make awards under subsection (a) of this section to political subdivisions that have a substantial number of residents, have a substantial local infrastructure for responding to public health emergencies, and face a high degree of risk from bioterrorist attacks or other public health emergencies. Not more than three political subdivisions may receive awards pursuant to this subparagraph. (B) Coordination with Statewide plans An award pursuant to subparagraph (A) may not be made unless the application of the political subdivision involved is in coordination with, and consistent with, applicable Statewide plans described in subsection (c) of this section. (C) Relationship to formula grants In the case of a State that will receive an award pursuant to paragraph (3), and in which there is located a political subdivision that will receive an award pursuant to subparagraph (A), the Secretary shall, in determining the amount under paragraph (3)(C) for the State, subtract from the population of the State an amount equal to the population of such political subdivision. (D) Continuity of funding In determining whether to make an award pursuant to subparagraph (A) to a political subdivision, the Secretary may consider, as a factor indicating that the award should be made, that the political subdivision received public health funding from the Secretary for fiscal year 2006. (5) Significant unmet needs; degree of risk (A) In general For fiscal year 2007, the Secretary may, before making awards pursuant to paragraph (3) for such year, reserve from the amount appropriated under paragraph (1) for the year an amount determined necessary by the Secretary to make awards under subsection (a) of this section to eligible entities that - (i) have a significant need for funds to build capacity to identify, detect, monitor, and respond to a bioterrorist or other threat to the public health, which need will not be met by awards pursuant to paragraph (3); and (ii) face a particularly high degree of risk of such a threat. (B) Recipients of grants Awards pursuant to subparagraph (A) may be supplemental awards to States that receive awards pursuant to paragraph (3), or may be awards to eligible entities described in subsection (b)(1)(B) of this section within such States. (C) Finding with respect to District of Columbia The Secretary shall consider the District of Columbia to have a significant unmet need for purposes of subparagraph (A), and to face a particularly high degree of risk for such purposes, on the basis of the concentration of entities of national significance located within the District. (6) Funding of local entities The Secretary shall, in making awards under this section, ensure that with respect to the cooperative agreement awarded, the entity make available appropriate portions of such award to political subdivisions and local departments of public health through a process involving the consensus, approval or concurrence with such local entities. (j) Administrative and fiscal responsibility (1) Annual reporting requirements Each entity shall prepare and submit to the Secretary annual reports on its activities under this section and section 247d-3b of this title. Each such report shall be prepared by, or in consultation with, the health department. In order to properly evaluate and compare the performance of different entities assisted under this section and section 247d-3b of this title and to assure the proper expenditure of funds under this section and section 247d-3b of this title, such reports shall be in such standardized form and contain such information as the Secretary determines and describes within 180 days of December 19, 2006 (after consultation with the States) to be necessary to - (A) secure an accurate description of those activities; (B) secure a complete record of the purposes for which funds were spent, and of the recipients of such funds; (C) describe the extent to which the entity has met the goals and objectives it set forth under this section or section 247d- 3b of this title; (D) determine the extent to which funds were expended consistent with the entity's application transmitted under this section or section 247d-3b of this title; and (E) publish such information on a Federal Internet website consistent with subsection (k). (2) Audits; implementation (A) In general Each entity receiving funds under this section or section 247d-3b of this title shall, not less often than once every 2 years, audit its expenditures from amounts received under this section or section 247d-3b of this title. Such audits shall be conducted by an entity independent of the agency administering a program funded under this section or section 247d-3b of this title in accordance with the Comptroller General's standards for auditing governmental organizations, programs, activities, and functions and generally accepted auditing standards. Within 30 days following the completion of each audit report, the entity shall submit a copy of that audit report to the Secretary. (B) Repayment Each entity shall repay to the United States amounts found by the Secretary, after notice and opportunity for a hearing to the entity, not to have been expended in accordance with this section or section 247d-3b of this title and, if such repayment is not made, the Secretary may offset such amounts against the amount of any allotment to which the entity is or may become entitled under this section or section 247d-3b of this title or may otherwise recover such amounts. (C) Withholding of payment The Secretary may, after notice and opportunity for a hearing, withhold payment of funds to any entity which is not using its allotment under this section or section 247d-3b of this title in accordance with such section. The Secretary may withhold such funds until the Secretary finds that the reason for the withholding has been removed and there is reasonable assurance that it will not recur. (3) Maximum carryover amount (A) In general For each fiscal year, the Secretary, in consultation with the States and political subdivisions, shall determine the maximum percentage amount of an award under this section that an entity may carryover to the succeeding fiscal year. (B) Amount exceeded For each fiscal year, if the percentage amount of an award under this section unexpended by an entity exceeds the maximum percentage permitted by the Secretary under subparagraph (A), the entity shall return to the Secretary the portion of the unexpended amount that exceeds the maximum amount permitted to be carried over by the Secretary. (C) Action by Secretary The Secretary shall make amounts returned to the Secretary under subparagraph (B) available for awards under section 247d- 3b(b)(1) of this title. In making awards under section 247d- 3b(b)(1) of this title with amounts collected under this paragraph the Secretary shall give preference to entities that are located in whole or in part in States from which amounts have been returned under subparagraph (B). (D) Waiver An entity may apply to the Secretary for a waiver of the maximum percentage amount under subparagraph (A). Such an application for a waiver shall include an explanation why such requirement should not apply to the entity and the steps taken by such entity to ensure that all funds under an award under this section will be expended appropriately. (E) Waive or reduce withholding The Secretary may waive the application of subparagraph (B), or reduce the amount determined under such subparagraph, for a single entity pursuant to subparagraph (D) or for all entities in a fiscal year, if the Secretary determines that mitigating conditions exist that justify the waiver or reduction. (k) Compilation and availability of data The Secretary shall compile the data submitted under this section and make such data available in a timely manner on an appropriate Internet website in a format that is useful to the public and to other entities and that provides information on what activities are best contributing to the achievement of the outcome goals described in subsection (g). -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319C-1, as added Pub. L. 107-188, title I, Sec. 131(a), June 12, 2002, 116 Stat. 617; amended Pub. L. 109-417, title II, Sec. 201, Dec. 19, 2006, 120 Stat. 2837.) -REFTEXT- REFERENCES IN TEXT Paragraph (1)(A) of subsec. (i), referred to in subsec. (i)(3)(C), (D), was struck out and a new paragraph (1)(A) added by Pub. L. 109-417, title II, Sec. 201(4)(A), Dec. 19, 2006, 120 Stat. 2837. The new paragraph (1)(A) does not contain a clause (i). -COD- CODIFICATION December 19, 2006, referred to in subsec. (g)(2)(B), was in the original "the date of enactment of this section", which was translated as meaning the date of enactment of Pub. L. 109-417, which enacted subsec. (g) of this section, to reflect the probable intent of Congress. -MISC1- AMENDMENTS 2006 - Pub. L. 109-417, Sec. 201(1), substituted "Improving State and local public health security" for "Grants to improve State, local, and hospital preparedness for and response to bioterrorism and other public health emergencies" in section catchline. Subsecs. (a) to (h). Pub. L. 109-417, Sec. 201(2), added subsecs. (a) to (h) and struck out former subsecs. (a) to (h) which related to grants to improve State, local, and hospital preparedness for and response to bioterrorism and other public health emergencies. Subsec. (i). Pub. L. 109-417, Sec. 201(3), redesignated subsec. (j) as (i). Pub. L. 109-417, Sec. 201(2), struck out subsec. (i) which defined "eligible entity". Subsec. (i)(1) to (3)(A). Pub. L. 109-417, Sec. 201(4)(A), added pars. (1) to (3)(A) and struck out former pars. (1) to (3)(A) which related to appropriations for fiscal years 2003 through 2006, use of amounts to supplement and not supplant other funds, and conditions for receipt of award in fiscal year 2003. Subsec. (i)(4)(A). Pub. L. 109-417, Sec. 201(4)(B), substituted "fiscal year 2007" for "fiscal year 2003" and struck out "(A)(i)(I)" after "paragraph (1)". Subsec. (i)(4)(D). Pub. L. 109-417, Sec. 201(4)(C), substituted "fiscal year 2006" for "fiscal year 2002". Subsec. (i)(5)(A). Pub. L. 109-417, Sec. 201(4)(D), in introductory provisions, substituted "fiscal year 2007" for "fiscal year 2003" and struck out "(A)(i)(I)" after "paragraph (1)". Subsec. (i)(6). Pub. L. 109-417, Sec. 201(4)(E), added par. (6) and struck out heading and text of former par. (6). Text read as follows: "For fiscal year 2003, the Secretary shall in making awards under this section ensure that appropriate portions of such awards are made available to political subdivisions, local departments of public health, hospitals (including children's hospitals), clinics, health centers, or primary care facilities, or consortia of such entities." Subsec. (j). Pub. L. 109-417, Sec. 201(5), added subsec. (j). Pub. L. 109-417, Sec. 201(3), redesignated subsec. (j) as (i). Subsec. (k). Pub. L. 109-417, Sec. 201(5), added subsec. (k). EMERGENCY MEDICAL AND PUBLIC HEALTH COMMUNICATIONS PILOT PROJECTS Pub. L. 110-53, title XXII, Sec. 2201(d), Aug. 3, 2007, 121 Stat. 541, provided that: "(1) In general. - The Assistant Secretary of Commerce for Communications and Information may establish not more than 10 geographically dispersed project grants to emergency medical and public health care facilities to improve the capabilities of emergency communications systems in emergency medical care facilities. "(2) Maximum amount. - The Assistant Secretary may not provide more than $2,000,000 in Federal assistance under the pilot program to any applicant. "(3) Cost sharing. - The Assistant Secretary may not provide more than 20 percent of the cost, incurred during the period of the grant, of any project under the pilot program. "(4) Maximum period of grants. - The Assistant Secretary may not fund any applicant under the pilot program for more than 3 years. "(5) Deployment and distribution. - The Assistant Secretary shall seek to the maximum extent practicable to ensure a broad geographic distribution of project sites. "(6) Transfer of information and knowledge. - The Assistant Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications." -FOOTNOTE- (!1) So in original. Probably should be "makes". (!2) So in original. Probably should be "describes". (!3) See Codification note below. (!4) So in original. Probably should be "section". (!5) See References in Text note below. -End- -CITE- 42 USC Sec. 247d-3b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-3b. Partnerships for State and regional hospital preparedness to improve surge capacity -STATUTE- (a) In general The Secretary shall award competitive grants or cooperative agreements to eligible entities to enable such entities to improve surge capacity and enhance community and hospital preparedness for public health emergencies. (b) Eligibility To be eligible for an award under subsection (a), an entity shall - (1)(A) be a partnership consisting of - (i) one or more hospitals, at least one of which shall be a designated trauma center, consistent with section 300d-13(c) of this title; (ii) one or more other local health care facilities, including clinics, health centers, primary care facilities, mental health centers, mobile medical assets, or nursing homes; and (iii)(I) one or more political subdivisions; (II) one or more States; or (III) one or more States and one or more political subdivisions; and (B) prepare, in consultation with the Chief Executive Officer and the lead health officials of the State, District, or territory in which the hospital and health care facilities described in subparagraph (A) are located, and submit to the Secretary, an application at such time, in such manner, and containing such information as the Secretary may require; or (2)(A) be an entity described in section 247d-3a(b)(1) of this title; and (B) submit an application at such time, in such manner, and containing such information as the Secretary may require, including the information or assurances required under section 247d-3a(b)(2) of this title and an assurance that the State will adhere to any applicable guidelines established by the Secretary. (c) Use of funds An award under subsection (a) shall be expended for activities to achieve the preparedness goals described under paragraphs (1), (3), (4), (5), and (6) of section 300hh-1(b) of this title. (d) Preferences (1) Regional coordination In making awards under subsection (a), the Secretary shall give preference to eligible entities that submit applications that, in the determination of the Secretary - (A) will enhance coordination - (i) among the entities described in subsection (b)(1)(A)(i); and (ii) between such entities and the entities described in subsection (b)(1)(A)(ii); and (B) include, in the partnership described in subsection (b)(1)(A), a significant percentage of the hospitals and health care facilities within the geographic area served by such partnership. (2) Other preferences In making awards under subsection (a), the Secretary shall give preference to eligible entities that, in the determination of the Secretary - (A) include one or more hospitals that are participants in the National Disaster Medical System; (B) are located in a geographic area that faces a high degree of risk, as determined by the Secretary in consultation with the Secretary of Homeland Security; or (C) have a significant need for funds to achieve the medical preparedness goals described in section 300hh-1(b)(3) of this title. (e) Consistency of planned activities The Secretary may not award a cooperative agreement to an eligible entity described in subsection (b)(1) unless the application submitted by the entity is coordinated and consistent with an applicable State All-Hazards Public Health Emergency Preparedness and Response Plan and relevant local plans, as determined by the Secretary in consultation with relevant State health officials. (f) Limitation on awards A political subdivision shall not participate in more than one partnership described in subsection (b)(1). (g) Coordination with local response capabilities An eligible entity shall, to the extent practicable, ensure that activities carried out under an award under subsection (a) are coordinated with activities of relevant local Metropolitan Medical Response Systems, local Medical Reserve Corps, the Cities Readiness Initiative, and local emergency plans. (h) Maintenance of funding (1) In general An entity that receives an award under this section shall maintain expenditures for health care preparedness at a level that is not less than the average level of such expenditures maintained by the entity for the preceding 2 year period. (2) Rule of construction Nothing in this section shall be construed to prohibit the use of awards under this section to pay salary and related expenses of public health and other professionals employed by State, local, or tribal agencies who are carrying out activities supported by such awards (regardless of whether the primary assignment of such personnel is to carry out such activities). (i) Performance and accountability The requirements of section 247d-3a(g), (j), and (k) of this title shall apply to entities receiving awards under this section (regardless of whether such entities are described under subsection (b)(1)(A) or (b)(2)(A)) in the same manner as such requirements apply to entities under section 247d-3a of this title. An entity described in subsection (b)(1)(A) shall make such reports available to the lead health official of the State in which such partnership is located. (j) Authorization of appropriations (1) In general For the purpose of carrying out this section, there is authorized to be appropriated $474,000,000 for fiscal year 2007, and such sums as may be necessary for each of fiscal years 2008 through 2011. (2) Reservation of amounts for partnerships Prior to making awards described in paragraph (3), the Secretary may reserve from the amount appropriated under paragraph (1) for a fiscal year, an amount determined appropriate by the Secretary for making awards to entities described in subsection (b)(1)(A). (3) Awards to States and political subdivisions (A) In general From amounts appropriated for a fiscal year under paragraph (1) and not reserved under paragraph (2), the Secretary shall make awards to entities described in subsection (b)(2)(A) that have completed an application as described in subsection (b)(2)(B). (B) Amount The Secretary shall determine the amount of an award to each entity described in subparagraph (A) in the same manner as such amounts are determined under section 247d-3a(i) of this title. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319C-2, as added Pub. L. 107-188, title I, Sec. 131(a), June 12, 2002, 116 Stat. 624; amended Pub. L. 109-417, title III, Sec. 305, Dec. 19, 2006, 120 Stat. 2861; Pub. L. 110-85, title XI, Sec. 1104(1), Sept. 27, 2007, 121 Stat. 975.) -MISC1- AMENDMENTS 2007 - Subsec. (j)(3)(B). Pub. L. 110-85 substituted "section 247d-3a(i)" for "section 247d-3a(h)". 2006 - Pub. L. 109-417 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (i) relating to partnerships for community and hospital preparedness. -End- -CITE- 42 USC Sec. 247d-4 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-4. Revitalizing the Centers for Disease Control and Prevention -STATUTE- (a) Facilities; capacities (1) Findings Congress finds that the Centers for Disease Control and Prevention has an essential role in defending against and combatting public health threats domestically and abroad and requires secure and modern facilities, and expanded and improved capabilities related to bioterrorism and other public health emergencies, sufficient to enable such Centers to conduct this important mission. (2) Facilities (A) In general The Director of the Centers for Disease Control and Prevention may design, construct, and equip new facilities, renovate existing facilities (including laboratories, laboratory support buildings, scientific communication facilities, transshipment complexes, secured and isolated parking structures, office buildings, and other facilities and infrastructure), and upgrade security of such facilities, in order to better conduct the capacities described in section 247d-1 of this title, and for supporting public health activities. (B) Multiyear contracting authority For any project of designing, constructing, equipping, or renovating any facility under subparagraph (A), the Director of the Centers for Disease Control and Prevention may enter into a single contract or related contracts that collectively include the full scope of the project, and the solicitation and contract shall contain the clause "availability of funds" found at section 52.232-18 of title 48, Code of Federal Regulations. (3) Improving the capacities of the Centers for Disease Control and Prevention The Secretary shall expand, enhance, and improve the capabilities of the Centers for Disease Control and Prevention relating to preparedness for and responding effectively to bioterrorism and other public health emergencies. Activities that may be carried out under the preceding sentence include - (A) expanding or enhancing the training of personnel; (B) improving communications facilities and networks, including delivery of necessary information to rural areas; (C) improving capabilities for public health surveillance and reporting activities, taking into account the integrated system or systems of public health alert communications and surveillance networks under subsection (b) of this section; and (D) improving laboratory facilities related to bioterrorism and other public health emergencies, including increasing the security of such facilities. (b) National communications and surveillance networks (1) In general The Secretary, directly or through awards of grants, contracts, or cooperative agreements, shall provide for the establishment of an integrated system or systems of public health alert communications and surveillance networks between and among - (A) Federal, State, and local public health officials; (B) public and private health-related laboratories, hospitals, and other health care facilities; and (C) any other entities determined appropriate by the Secretary. (2) Requirements The Secretary shall ensure that networks under paragraph (1) allow for the timely sharing and discussion, in a secure manner, of essential information concerning bioterrorism or another public health emergency, or recommended methods for responding to such an attack or emergency. (3) Standards Not later than one year after June 12, 2002, the Secretary, in cooperation with health care providers and State and local public health officials, shall establish any additional technical and reporting standards (including standards for interoperability) for networks under paragraph (1). (c) Authorization of appropriations (1) Facilities; capacities (A) Facilities For the purpose of carrying out subsection (a)(2) of this section, there are authorized to be appropriated $300,000,000 for each of the fiscal years 2002 and 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006. (B) Mission; improving capacities For the purposes of achieving the mission of the Centers for Disease Control and Prevention described in subsection (a)(1) of this section, for carrying out subsection (a)(3) of this section, for better conducting the capacities described in section 247d-1 of this title, and for supporting public health activities, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006. (2) National communications and surveillance networks For the purpose of carrying out subsection (b) of this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006. (d) Public health situational awareness (1) In general Not later than 2 years after December 19, 2006, the Secretary, in collaboration with State, local, and tribal public health officials, shall establish a near real-time electronic nationwide public health situational awareness capability through an interoperable network of systems to share data and information to enhance early detection of rapid response to, and management of, potentially catastrophic infectious disease outbreaks and other public health emergencies that originate domestically or abroad. Such network shall be built on existing State situational awareness systems or enhanced systems that enable such connectivity. (2) Strategic plan Not later than 180 days after December 19, 2006, the Secretary shall submit to the appropriate committees of Congress, a strategic plan that demonstrates the steps the Secretary will undertake to develop, implement, and evaluate the network described in paragraph (1), utilizing the elements described in paragraph (3). (3) Elements The network described in paragraph (1) shall include data and information transmitted in a standardized format from - (A) State, local, and tribal public health entities, including public health laboratories; (B) Federal health agencies; (C) zoonotic disease monitoring systems; (D) public and private sector health care entities, hospitals, pharmacies, poison control centers or professional organizations in the field of poison control, and clinical laboratories, to the extent practicable and provided that such data are voluntarily provided simultaneously to the Secretary and appropriate State, local, and tribal public health agencies; and (E) such other sources as the Secretary may deem appropriate. (4) Rule of construction Paragraph (3) shall not be construed as requiring separate reporting of data and information from each source listed. (5) Required activities In establishing and operating the network described in paragraph (1), the Secretary shall - (A) utilize applicable interoperability standards as determined by the Secretary through a joint public and private sector process; (B) define minimal data elements for such network; (C) in collaboration with State, local, and tribal public health officials, integrate and build upon existing State, local, and tribal capabilities, ensuring simultaneous sharing of data, information, and analyses from the network described in paragraph (1) with State, local, and tribal public health agencies; and (D) in collaboration with State, local, and tribal public health officials, develop procedures and standards for the collection, analysis, and interpretation of data that States, regions, or other entities collect and report to the network described in paragraph (1). (e) State and regional systems to enhance situational awareness in public health emergencies (1) In general To implement the network described in subsection (d), the Secretary may award grants to States or consortia of States to enhance the ability of such States or consortia of States to establish or operate a coordinated public health situational awareness system for regional or Statewide early detection of, rapid response to, and management of potentially catastrophic infectious disease outbreaks and public health emergencies, in collaboration with appropriate public health agencies, sentinel hospitals, clinical laboratories, pharmacies, poison control centers, other health care organizations, and animal health organizations within such States. (2) Eligibility To be eligible to receive a grant under paragraph (1), the State or consortium of States shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State or consortium of States will submit to the Secretary - (A) reports of such data, information, and metrics as the Secretary may require; (B) a report on the effectiveness of the systems funded under the grant; and (C) a description of the manner in which grant funds will be used to enhance the timelines and comprehensiveness of efforts to detect, respond to, and manage potentially catastrophic infectious disease outbreaks and public health emergencies. (3) Use of funds A State or consortium of States that receives an award under this subsection - (A) shall establish, enhance, or operate a coordinated public health situational awareness system for regional or Statewide early detection of, rapid response to, and management of potentially catastrophic infectious disease outbreaks and public health emergencies; (B) may award grants or contracts to entities described in paragraph (1) within or serving such State to assist such entities in improving the operation of information technology systems, facilitating the secure exchange of data and information, and training personnel to enhance the operation of the system described in subparagraph (A); and (C) may conduct a pilot program for the development of multi- State telehealth network test beds that build on, enhance, and securely link existing State and local telehealth programs to prepare for, monitor, respond to, and manage the events of public health emergencies, facilitate coordination and communication among medical, public health, and emergency response agencies, and provide medical services through telehealth initiatives within the States that are involved in such a multi-State telehealth network test bed. (4) Limitation Information technology systems acquired or implemented using grants awarded under this section must be compliant with - (A) interoperability and other technological standards, as determined by the Secretary; and (B) data collection and reporting requirements for the network described in subsection (d). (5) Independent evaluation Not later than 4 years after December 19, 2006, the Government Accountability Office shall conduct an independent evaluation, and submit to the Secretary and the appropriate committees of Congress a report concerning the activities conducted under this subsection and subsection (d). (f) Telehealth enhancements for emergency response (1) Evaluation The Secretary, in consultation with the Federal Communications Commission and other relevant Federal agencies, shall - (A) conduct an inventory of telehealth initiatives in existence on December 19, 2006, including - (i) the specific location of network components; (ii) the medical, technological, and communications capabilities of such components; (iii) the functionality of such components; and (iv) the capacity and ability of such components to handle increased volume during the response to a public health emergency; (B) identify methods to expand and interconnect the regional health information networks funded by the Secretary, the State and regional broadband networks funded through the rural health care support mechanism pilot program funded by the Federal Communications Commission, and other telehealth networks; (C) evaluate ways to prepare for, monitor, respond rapidly to, or manage the events of, a public health emergency through the enhanced use of telehealth technologies, including mechanisms for payment or reimbursement for use of such technologies and personnel during public health emergencies; (D) identify methods for reducing legal barriers that deter health care professionals from providing telemedicine services, such as by utilizing State emergency health care professional credentialing verification systems, encouraging States to establish and implement mechanisms to improve interstate medical licensure cooperation, facilitating the exchange of information among States regarding investigations and adverse actions, and encouraging States to waive the application of licensing requirements during a public health emergency; (E) evaluate ways to integrate the practice of telemedicine within the National Disaster Medical System; and (F) promote greater coordination among existing Federal interagency telemedicine and health information technology initiatives. (2) Report Not later than 12 months after December 19, 2006, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the findings and recommendations pursuant to subparagraphs (A) through (F) of paragraph (1). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums as may be necessary in each of fiscal years 2007 through 2011. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319D, as added Pub. L. 106- 505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2318; amended Pub. L. 107-188, title I, Sec. 103, June 12, 2002, 116 Stat. 603; Pub. L. 109-417, title II, Secs. 202, 204(b)(2), Dec. 19, 2006, 120 Stat. 2845, 2851.) -MISC1- AMENDMENTS 2006 - Subsec. (a)(1). Pub. L. 109-417, Sec. 202(1), inserted "domestically and abroad" after "public health threats". Subsec. (a)(3). Pub. L. 109-417, Sec. 204(b)(2), struck out ", taking into account evaluations under section 247d-2(a) of this title," after "The Secretary" in introductory provisions. Subsecs. (d) to (g). Pub. L. 109-417, Sec. 202(2), added subsecs. (d) to (g). 2002 - Pub. L. 107-188 reenacted section catchline without change and amended text generally, substituting detailed provisions relating to facilities, capacities, and national communications and surveillance networks for provisions relating to findings of need for secure and modern facilities. -End- -CITE- 42 USC Sec. 247d-5 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-5. Combating antimicrobial resistance -STATUTE- (a) Task force (1) In general The Secretary shall establish an Antimicrobial Resistance Task Force to provide advice and recommendations to the Secretary and coordinate Federal programs relating to antimicrobial resistance. The Secretary may appoint or select a committee, or other organization in existence as of November 13, 2000, to serve as such a task force, if such committee, or other organization meets the requirements of this section. (2) Members of task force The task force described in paragraph (1) shall be composed of representatives from such Federal agencies, and shall seek input from public health constituencies, manufacturers, veterinary and medical professional societies and others, as determined to be necessary by the Secretary, to develop and implement a comprehensive plan to address the public health threat of antimicrobial resistance. (3) Agenda (A) In general The task force described in paragraph (1) shall consider factors the Secretary considers appropriate, including - (i) public health factors contributing to increasing antimicrobial resistance; (ii) public health needs to detect and monitor antimicrobial resistance; (iii) detection, prevention, and control strategies for resistant pathogens; (iv) the need for improved information and data collection; (v) the assessment of the risk imposed by pathogens presenting a threat to the public health; and (vi) any other issues which the Secretary determines are relevant to antimicrobial resistance. (B) Detection and control The Secretary, in consultation with the task force described in paragraph (1) and State and local public health officials, shall - (i) develop, improve, coordinate or enhance participation in a surveillance plan to detect and monitor emerging antimicrobial resistance; and (ii) develop, improve, coordinate or enhance participation in an integrated information system to assimilate, analyze, and exchange antimicrobial resistance data between public health departments. (4) Meetings The task force described under paragraph (1) shall convene not less than twice a year, or more frequently as the Secretary determines to be appropriate. (b) Research and development of new antimicrobial drugs and diagnostics The Secretary and the Director of Agricultural Research Services, consistent with the recommendations of the task force established under subsection (a) of this section, shall directly or through awards of grants or cooperative agreements to public or private entities provide for the conduct of research, investigations, experiments, demonstrations, and studies in the health sciences that are related to - (1) the development of new therapeutics, including vaccines and antimicrobials, against resistant pathogens; (2) the development or testing of medical diagnostics to detect pathogens resistant to antimicrobials; (3) the epidemiology, mechanisms, and pathogenesis of antimicrobial resistance; (4) the sequencing of the genomes, or other DNA analysis, or other comparative analysis, of priority pathogens (as determined by the Director of the National Institutes of Health in consultation with the task force established under subsection (a) of this section), in collaboration and coordination with the activities of the Department of Defense and the Joint Genome Institute of the Department of Energy; and (5) other relevant research areas. (c) Education of medical and public health personnel The Secretary, after consultation with the Assistant Secretary for Health, the Surgeon General, the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, members of the task force described in subsection (a) of this section, professional organizations and societies, and such other public health officials as may be necessary, shall - (1) develop and implement educational programs to increase the awareness of the general public with respect to the public health threat of antimicrobial resistance and the appropriate use of antibiotics; (2) develop and implement educational programs to instruct health care professionals in the prudent use of antibiotics; and (3) develop and implement programs to train laboratory personnel in the recognition or identification of resistance in pathogens. (d) Grants (1) In general The Secretary shall award competitive grants to eligible entities to enable such entities to increase the capacity to detect, monitor, and combat antimicrobial resistance. (2) Eligible entities Eligible entities for grants under paragraph (1) shall be State or local public health agencies, Indian tribes or tribal organizations, or other public or private nonprofit entities. (3) Use of funds An eligible entity receiving a grant under paragraph (1) shall use funds from such grant for activities that are consistent with the factors identified by the task force under subsection (a)(3) of this section, which may include activities that - (A) provide training to enable such entity to identify patterns of resistance rapidly and accurately; (B) develop, improve, coordinate or enhance participation in information systems by which data on resistant infections can be shared rapidly among relevant national, State, and local health agencies and health care providers; and (C) develop and implement policies to control the spread of antimicrobial resistance. (e) Grants for demonstration programs (1) In general The Secretary shall award competitive grants to eligible entities to establish demonstration programs to promote judicious use of antimicrobial drugs or control the spread of antimicrobial- resistant pathogens. (2) Eligible entities Eligible entities for grants under paragraph (1) may include hospitals, clinics, institutions of long-term care, professional medical societies, schools or programs that train medical laboratory personnel, or other public or private nonprofit entities. (3) Technical assistance The Secretary shall provide appropriate technical assistance to eligible entities that receive grants under paragraph (1). (f) Supplement not supplant Funds appropriated under this section shall be used to supplement and not supplant other Federal, State, and local public funds provided for activities under this section. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section, $40,000,000 for fiscal year 2001, $25,000,000 for each of the fiscal years 2002 and 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319E, as added Pub. L. 106- 505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2318; amended Pub. L. 107-188, title I, Sec. 109, June 12, 2002, 116 Stat. 610.) -MISC1- AMENDMENTS 2002 - Subsec. (b). Pub. L. 107-188, Sec. 109(1)(A), in introductory provisions, substituted "shall directly or through awards of grants or cooperative agreements to public or private entities provide for the conduct of" for "shall conduct and support". Subsec. (b)(4). Pub. L. 107-188, Sec. 109(1)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "the sequencing of the genomes of priority pathogens as determined by the Director of the National Institutes of Health in consultation with the task force established under subsection (a) of this section; and". Subsec. (e)(2). Pub. L. 107-188, Sec. 109(2), inserted "schools or programs that train medical laboratory personnel," after "professional medical societies,". Subsec. (g). Pub. L. 107-188, Sec. 109(3), substituted "$25,000,000 for each of the fiscal years 2002 and 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006" for "and such sums as may be necessary for each subsequent fiscal year through 2006". -End- -CITE- 42 USC Sec. 247d-5a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-5a. Identification of clinically susceptible concentrations of antimicrobials -STATUTE- (a) Definition In this section, the term "clinically susceptible concentrations" means specific values which characterize bacteria as clinically susceptible, intermediate, or resistant to the drug (or drugs) tested. (b) Identification The Secretary of Health and Human Services (referred to in this section as the "Secretary"), through the Commissioner of Food and Drugs, shall identify (where such information is reasonably available) and periodically update clinically susceptible concentrations. (c) Public availability The Secretary, through the Commissioner of Food and Drugs, shall make such clinically susceptible concentrations publicly available, such as by posting on the Internet, not later than 30 days after the date of identification and any update under this section. (d) Effect Nothing in this section shall be construed to restrict, in any manner, the prescribing of antibiotics by physicians, or to limit the practice of medicine, including for diseases such as Lyme and tick-borne diseases. -SOURCE- (Pub. L. 110-85, title XI, Sec. 1111, Sept. 27, 2007, 121 Stat. 975.) -COD- CODIFICATION Section was enacted as part of the Food and Drug Administration Amendments Act of 2007, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 247d-6 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-6. Public health countermeasures to a bioterrorist attack -STATUTE- (a) All-hazards public health and medical response curricula and training (1) In general The Secretary, in collaboration with the Secretary of Defense, and in consultation with relevant public and private entities, shall develop core health and medical response curricula and trainings by adapting applicable existing curricula and training programs to improve responses to public health emergencies. (2) Curriculum The public health and medical response training program may include course work related to - (A) medical management of casualties, taking into account the needs of at-risk individuals; (B) public health aspects of public health emergencies; (C) mental health aspects of public health emergencies; (D) national incident management, including coordination among Federal, State, local, tribal, international agencies, and other entities; and (E) protecting health care workers and health care first responders from workplace exposures during a public health emergency. (3) Peer review On a periodic basis, products prepared as part of the program shall be rigorously tested and peer-reviewed by experts in the relevant fields. (4) Credit The Secretary and the Secretary of Defense shall - (A) take into account continuing professional education requirements of public health and healthcare professions; and (B) cooperate with State, local, and tribal accrediting agencies and with professional associations in arranging for students enrolled in the program to obtain continuing professional education credit for program courses. (5) Dissemination and training (A) In general The Secretary may provide for the dissemination and teaching of the materials described in paragraphs (1) and (2) by appropriate means, as determined by the Secretary. (B) Certain entities The education and training activities described in subparagraph (A) may be carried out by Federal public health or medical entities, appropriate educational entities, professional organizations and societies, private accrediting organizations, and other nonprofit institutions or entities meeting criteria established by the Secretary. (C) Grants and contracts In carrying out this subsection, the Secretary may carry out activities directly or through the award of grants and contracts, and may enter into interagency agreements with other Federal agencies. (b) Advice to the Federal Government (1) Required advisory committees In coordination with the working group under subsection (a) of this section, the Secretary shall establish advisory committees in accordance with paragraphs (2) and (3) to provide expert recommendations to assist such working groups in carrying out their respective responsibilities under subsections (a) and (b) of this section. (2) National Advisory Committee on At-Risk Individuals and Public Health Emergencies (A) In general For purposes of paragraph (1), the Secretary shall establish an advisory committee to be known as the National Advisory Committee on At-Risk Individuals and Public Health Emergencies (referred to in this paragraph as the "Advisory Committee"). (B) Duties The Advisory Committee shall provide recommendations regarding - (i) the preparedness of the health care (including mental health care) system to respond to public health emergencies as they relate to at-risk individuals; (ii) needed changes to the health care and emergency medical service systems and emergency medical services protocols to meet the special needs of at-risk individuals; and (iii) changes, if necessary, to the national stockpile under section 300hh-12 of this title to meet the emergency health security of at-risk individuals. (C) Composition The Advisory Committee shall be composed of such Federal officials as may be appropriate to address the special needs of the diverse population groups of at-risk populations. (D) Termination The Advisory Committee terminates six years after June 12, 2002. (3) Emergency Public Information and Communications Advisory Committee (A) In general For purposes of paragraph (1), the Secretary shall establish an advisory committee to be known as the Emergency Public Information and Communications Advisory Committee (referred to in this paragraph as the "EPIC Advisory Committee"). (B) Duties The EPIC Advisory Committee shall make recommendations to the Secretary and report on appropriate ways to communicate public health information regarding bioterrorism and other public health emergencies to the public. (C) Composition The EPIC Advisory Committee shall be composed of individuals representing a diverse group of experts in public health, medicine, communications, behavioral psychology, and other areas determined appropriate by the Secretary. (D) Dissemination The Secretary shall review the recommendations of the EPIC Advisory Committee and ensure that appropriate information is disseminated to the public. (E) Termination The EPIC Advisory Committee terminates one year after June 12, 2002. (c) Expansion of Epidemic Intelligence Service Program The Secretary may establish 20 officer positions in the Epidemic Intelligence Service Program, in addition to the number of the officer positions offered under such Program in 2006, for individuals who agree to participate, for a period of not less than 2 years, in the Career Epidemiology Field Officer program in a State, local, or tribal health department that serves a health professional shortage area (as defined under section 254e(a) of this title), a medically underserved population (as defined under section 254b(b)(3) of this title), or a medically underserved area or area at high risk of a public health emergency as designated by the Secretary. (d) Centers for Public Health Preparedness; core curricula and training (1) In general The Secretary may establish at accredited schools of public health, Centers for Public Health Preparedness (hereafter referred to in this section as the "Centers"). (2) Eligibility To be eligible to receive an award under this subsection to establish a Center, an accredited school of public health shall agree to conduct activities consistent with the requirements of this subsection. (3) Core curricula The Secretary, in collaboration with the Centers and other public or private entities shall establish core curricula based on established competencies leading to a 4-year bachelor's degree, a graduate degree, a combined bachelor and master's degree, or a certificate program, for use by each Center. The Secretary shall disseminate such curricula to other accredited schools of public health and other health professions schools determined appropriate by the Secretary, for voluntary use by such schools. (4) Core competency-based training program The Secretary, in collaboration with the Centers and other public or private entities shall facilitate the development of a competency-based training program to train public health practitioners. The Centers shall use such training program to train public health practitioners. The Secretary shall disseminate such training program to other accredited schools of public health, health professions schools, and other public or private entities as determined by the Secretary, for voluntary use by such entities. (5) Content of core curricula and training program The Secretary shall ensure that the core curricula and training program established pursuant to this subsection respond to the needs of State, local, and tribal public health authorities and integrate and emphasize essential public health security capabilities consistent with section 300hh-1(b)(2) of this title. (6) Academic-workforce communication As a condition of receiving funding from the Secretary under this subsection, a Center shall collaborate with a State, local, or tribal public health department to - (A) define the public health preparedness and response needs of the community involved; (B) assess the extent to which such needs are fulfilled by existing preparedness and response activities of such school or health department, and how such activities may be improved; (C) prior to developing new materials or trainings, evaluate and utilize relevant materials and trainings developed by others Centers; and (D) evaluate community impact and the effectiveness of any newly developed materials or trainings. (7) Public health systems research In consultation with relevant public and private entities, the Secretary shall define the existing knowledge base for public health preparedness and response systems, and establish a research agenda based on Federal, State, local, and tribal public health preparedness priorities. As a condition of receiving funding from the Secretary under this subsection, a Center shall conduct public health systems research that is consistent with the agenda described under this paragraph. (e) Accelerated research and development on priority pathogens and countermeasures (1) In general With respect to pathogens of potential use in a bioterrorist attack, and other agents that may cause a public health emergency, the Secretary, taking into consideration any recommendations of the working group under subsection (a) of this section, shall conduct, and award grants, contracts, or cooperative agreements for, research, investigations, experiments, demonstrations, and studies in the health sciences relating to - (A) the epidemiology and pathogenesis of such pathogens; (B) the sequencing of the genomes, or other DNA analysis, or other comparative analysis, of priority pathogens (as determined by the Director of the National Institutes of Health in consultation with the working group established in subsection (a) of this section), in collaboration and coordination with the activities of the Department of Defense and the Joint Genome Institute of the Department of Energy; (C) the development of priority countermeasures; and (D) other relevant areas of research; with consideration given to the needs of children and other vulnerable populations. (2) Priority The Secretary shall give priority under this section to the funding of research and other studies related to priority countermeasures. (3) Role of Department of Veterans Affairs In carrying out paragraph (1), the Secretary shall consider using the biomedical research and development capabilities of the Department of Veterans Affairs, in conjunction with that Department's affiliations with health-professions universities. When advantageous to the Government in furtherance of the purposes of such paragraph, the Secretary may enter into cooperative agreements with the Secretary of Veterans Affairs to achieve such purposes. (4) Priority countermeasures For purposes of this section, the term "priority countermeasure" means a drug, biological product, device, vaccine, vaccine adjuvant, antiviral, or diagnostic test that the Secretary determines to be - (A) a priority to treat, identify, or prevent infection by a biological agent or toxin listed pursuant to section 262a(a)(1) of this title, or harm from any other agent that may cause a public health emergency; or (B) a priority to treat, identify, or prevent conditions that may result in adverse health consequences or death and may be caused by the administering of a drug, biological product, device, vaccine, vaccine adjuvant, antiviral, or diagnostic test that is a priority under subparagraph (A). (f) Authorization of appropriations (1) Fiscal year 2007 There are authorized to be appropriated to carry out this section for fiscal year 2007 - (A) to carry out subsection (a) - (i) $5,000,000 to carry out paragraphs (1) through (4); and (ii) $7,000,000 to carry out paragraph (5); (B) to carry out subsection (c), $3,000,000; and (C) to carry out subsection (d), $31,000,000, of which $5,000,000 shall be used to carry out paragraphs (3) through (5) of such subsection. (2) Subsequent fiscal years There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008 and each subsequent fiscal year. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319F, as added Pub. L. 106- 505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2321; amended Pub. L. 107-188, title I, Secs. 104(a) 105, 108, 111(3), 125, June 12, 2002, 116 Stat. 605, 606, 609, 611, 614; Pub. L. 108-276, Sec. 2(d), July 21, 2004, 118 Stat. 842; Pub. L. 109-417, title III, Secs. 301(d), (e), 304, Dec. 19, 2006, 120 Stat. 2854, 2855, 2859.) -MISC1- AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-417, Sec. 304(1), added subsec. (a) and struck out heading and text of former subsec. (a) which established a working group on bioterrorism and other public health emergencies. Subsec. (b)(2). Pub. L. 109-417, Sec. 301(d)(1), substituted "At- Risk Individuals and Public Health Emergencies" for "Children and Terrorism" in heading. Subsec. (b)(2)(A). Pub. L. 109-417, Sec. 301(d)(2), substituted "At-Risk Individuals and Public Health Emergencies" for "Children and Terrorism". Subsec. (b)(2)(B)(i). Pub. L. 109-417, Sec. 301(d)(3)(A), substituted "public health emergencies as they relate to at-risk individuals" for "bioterrorism as it relates to children". Subsec. (b)(2)(B)(ii), (iii). Pub. L. 109-417, Sec. 301(d)(3)(B), (C), substituted "at-risk individuals" for "children". Subsec. (b)(2)(C). Pub. L. 109-417, Sec. 301(d)(4), substituted "at-risk populations" for "children, and child health experts on infectious disease, environmental health, toxicology, and other relevant professional disciplines". Subsec. (b)(2)(D). Pub. L. 109-417, Sec. 301(d)(5), substituted "six years" for "one year". Subsec. (b)(3)(B). Pub. L. 109-417, Sec. 301(e), struck out "and the working group under subsection (a) of this section" after "Secretary". Subsecs. (c) to (h). Pub. L. 109-417, Sec. 304(2)-(4), added subsecs. (c), (d), and (f), redesignated subsec. (h) as (e), and struck out former subsecs. (c) to (g), which related to: in subsec. (c), development of communication strategy; in subsec. (d), Federal Internet site on bioterrorism; in subsec. (e), grants to increase capacity to detect, diagnose, and respond to acts of bioterrorism; in subsec. (f), assistance to State and local health agencies to enable effective response to attacks; and, in subsec. (g), education and training activities. Subsecs. (i), (j). Pub. L. 109-417, Sec. 304(5), struck out subsecs. (i) and (j) which related to report to congressional committees on public health and medical consequences of a bioterrorist attack and the supplementary nature of funds appropriated under this section, respectively. 2004 - Subsec. (a)(1). Pub. L. 108-276, Sec. 2(d)(1), inserted "the Secretary of Homeland Security," after "Management Agency," in introductory provisions. Subsec. (h)(4)(B). Pub. L. 108-276, Sec. 2(d)(2), substituted "to treat, identify, or prevent conditions" for "to diagnose conditions". 2002 - Subsec. (a). Pub. L. 107-188, Sec. 108, added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "The Secretary, in coordination with the Secretary of Defense, shall establish a joint interdepartmental working group on preparedness and readiness for the medical and public health effects of a bioterrorist attack on the civilian population. Such joint working group shall - "(1) coordinate research on pathogens likely to be used in a bioterrorist attack on the civilian population as well as therapies to treat such pathogens; "(2) coordinate research and development into equipment to detect pathogens likely to be used in a bioterrorist attack on the civilian population and protect against infection from such pathogens; "(3) develop shared standards for equipment to detect and to protect against infection from pathogens likely to be used in a bioterrorist attack on the civilian population; and "(4) coordinate the development, maintenance, and procedures for the release of, strategic reserves of vaccines, drugs, and medical supplies which may be needed rapidly after a bioterrorist attack upon the civilian population." Subsec. (b). Pub. L. 107-188, Sec. 104(a)(1), (3), added subsec. (b) and struck out former subsec. (b) which related to establishment, functions, membership, and coordination of a working group on the public health and medical consequences of bioterrorism. Subsecs. (c), (d). Pub. L. 107-188, Sec. 104(a)(3), added subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated (e) and (f), respectively. Subsec. (e). Pub. L. 107-188, Sec. 104(a)(2), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Subsec. (e)(2). Pub. L. 107-188, Sec. 111(3), which directed the amendment of section 391F(e)(2) of the Public Health Service Act by striking out "or" after "clinic," and inserting before period ", professional organization or society, school or program that trains medical laboratory personnel, private accrediting organization, or other nonprofit private institution or entity meeting criteria established by the Secretary", was executed to subsec. (e)(2) of this section, which is section 319F(e)(2) of the Act, to reflect the probable intent of Congress. Subsec. (f). Pub. L. 107-188, Sec. 104(a)(2), redesignated subsec. (d) as (f). Former subsec. (f) redesignated (h). Subsec. (g). Pub. L. 107-188, Sec. 105, amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: "The Secretary, in collaboration with members of the working group described in subsection (b) of this section, and professional organizations and societies, shall - "(1) develop and implement educational programs to instruct public health officials, medical professionals, and other personnel working in health care facilities in the recognition and care of victims of a bioterrorist attack; and "(2) develop and implement programs to train laboratory personnel in the recognition and identification of a potential bioweapon." Pub. L. 107-188, Sec. 104(a)(2), redesignated subsec. (e) as (g). Former subsec. (g) redesignated (i). Subsec. (h). Pub. L. 107-188, Sec. 125, amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: "The Secretary shall consult with the working group described in subsection (a) of this section, to develop priorities for and conduct research, investigations, experiments, demonstrations, and studies in the health sciences related to - "(1) the epidemiology and pathogenesis of potential bioweapons; "(2) the development of new vaccines or other therapeutics against pathogens likely to be used in a bioterrorist attack; "(3) the development of medical diagnostics to detect potential bioweapons; and "(4) other relevant research areas." Pub. L. 107-188, Sec. 104(a)(2), redesignated subsec. (f) as (h). Former subsec. (h) redesignated (j). Subsec. (i). Pub. L. 107-188, Sec. 104(a)(1), (2), redesignated subsec. (g) as (i) and struck out heading and text of former subsec. (i). Text read as follows: "There are authorized to be appropriated to carry out this section $215,000,000 for fiscal year 2001, and such sums as may be necessary for each subsequent fiscal year through 2006." Subsec. (j). Pub. L. 107-188, Sec. 104(a)(2), redesignated subsec. (h) as (j). OTHER REPORTS Pub. L. 107-188, title I, Sec. 101(b)(1), June 12, 2002, 116 Stat. 598, provided that: "(1) In general. - Not later than one year after the date of the enactment of this Act [June 12, 2002], the Secretary of Health and Human Services (referred to in this subsection as the 'Secretary') shall submit to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report concerning - "(A) the recommendations and findings of the National Advisory Committee on Children and Terrorism under section 319F(c)(2) of the Public Health Service Act [probably means subsec. (b)(2) of this section]; "(B) the recommendations and findings of the EPIC Advisory Committee under section 319F(c)(3) of such Act [probably means subsec. (b)(3) of this section]; "(C) the characteristics that may render a rural community uniquely vulnerable to a biological attack, including distance, lack of emergency transport, hospital or laboratory capacity, lack of integration of Federal or State public health networks, workforce deficits, or other relevant characteristics; "(D) the characteristics that may render areas or populations designated as medically underserved populations (as defined in section 330 of such Act [section 254b of this title]) uniquely vulnerable to a biological attack, including significant numbers of low-income or uninsured individuals, lack of affordable and accessible health care services, insufficient public and primary health care resources, lack of integration of Federal or State public health networks, workforce deficits, or other relevant characteristics; "(E) the recommendations of the Secretary with respect to additional legislative authority that the Secretary determines is necessary to effectively strengthen rural communities, or medically underserved populations (as defined in section 330 of such Act); and "(F) the need for and benefits of a National Disaster Response Medical Volunteer Service that would be a private-sector, community-based rapid response corps of medical volunteers." STUDY REGARDING COMMUNICATIONS ABILITIES OF PUBLIC HEALTH AGENCIES Pub. L. 107-188, title I, Sec. 104(b), June 12, 2002, 116 Stat. 606, provided that: "The Secretary of Health and Human Services, in consultation with the Federal Communications Commission, the National Telecommunications and Information Administration, and other appropriate Federal agencies, shall conduct a study to determine whether local public health entities have the ability to maintain communications in the event of a bioterrorist attack or other public health emergency. The study shall examine whether redundancies are required in the telecommunications system, particularly with respect to mobile communications, for public health entities to maintain systems operability and connectivity during such emergencies. The study shall also include recommendations to industry and public health entities about how to implement such redundancies if necessary." -End- -CITE- 42 USC Sec. 247d-6a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-6a. Authority for use of certain procedures regarding qualified countermeasure research and development activities -STATUTE- (a) In general (1) Authority In conducting and supporting research and development activities regarding countermeasures under section 247d-6(h) of this title, the Secretary may conduct and support such activities in accordance with this section and, in consultation with the Director of the National Institutes of Health, as part of the program under section 285f of this title, if the activities concern qualified countermeasures. (2) Definitions In this section: (A) Qualified countermeasure The term "qualified countermeasure" means a drug (as that term is defined by section 321(g)(1) of title 21), biological product (as that term is defined by section 262(i) of this title), or device (as that term is defined by section 321(h) of title 21), that the Secretary determines to be a priority (consistent with sections 182(2) and 184(a) of title 6) to - (i) diagnose, mitigate, prevent, or treat harm from any biological agent (including organisms that cause an infectious disease) or toxin, chemical, radiological, or nuclear agent that may cause a public health emergency affecting national security; or (ii) diagnose, mitigate, prevent, or treat harm from a condition that may result in adverse health consequences or death and may be caused by administering a drug, biological product, or device that is used as described in this subparagraph. (B) Infectious disease The term "infectious disease" means a disease potentially caused by a pathogenic organism (including a bacteria, virus, fungus, or parasite) that is acquired by a person and that reproduces in that person. (3) Interagency cooperation (A) In general In carrying out activities under this section, the Secretary is authorized, subject to subparagraph (B), to enter into interagency agreements and other collaborative undertakings with other agencies of the United States Government. (B) Limitation An agreement or undertaking under this paragraph shall not authorize another agency to exercise the authorities provided by this section. (4) Availability of facilities to the Secretary In any grant, contract, or cooperative agreement entered into under the authority provided in this section with respect to a biocontainment laboratory or other related or ancillary specialized research facility that the Secretary determines necessary for the purpose of performing, administering, or supporting qualified countermeasure research and development, the Secretary may provide that the facility that is the object of such grant, contract, or cooperative agreement shall be available as needed to the Secretary to respond to public health emergencies affecting national security. (5) Transfers of qualified countermeasures Each agreement for an award of a grant, contract, or cooperative agreement under section 247d-6(h) of this title for the development of a qualified countermeasure shall provide that the recipient of the award will comply with all applicable export- related controls with respect to such countermeasure. (b) Expedited procurement authority (1) Increased simplified acquisition threshold for qualified countermeasure procurements (A) In general For any procurement by the Secretary of property or services for use (as determined by the Secretary) in performing, administering, or supporting qualified countermeasure research or development activities under this section that the Secretary determines necessary to respond to pressing research and development needs under this section, the amount specified in section 134 of title 41, as applicable pursuant to section 3101(b)(1)(A) of title 41, shall be deemed to be $25,000,000 in the administration, with respect to such procurement, of - (i) section 3305(a)(1) of title 41 and its implementing regulations; and (ii) section 3101(b)(1)(B) of title 41 and its implementing regulations. (B) Application of certain provisions Notwithstanding subparagraph (A) and the provision of law and regulations referred to in such subparagraph, each of the following provisions shall apply to procurements described in this paragraph to the same extent that such provisions would apply to such procurements in the absence of subparagraph (A): (i) Chapter 37 of title 40 (relating to contract work hours and safety standards). (ii) Section 8703(a) of title 41. (iii) Section 4706 of title 41 (relating to the examination of contractor records). (iv) Section 3131 of title 40 (relating to bonds of contractors of public buildings or works). (v) Section 3901 of title 41 (relating to contingent fees to middlemen). (vi) Section 6962 of this title. (vii) Section 1354 of title 31 (relating to the limitation on the use of appropriated funds for contracts with entities not meeting veterans employment reporting requirements). (C) Internal controls to be instituted The Secretary shall institute appropriate internal controls for procurements that are under this paragraph, including requirements with regard to documenting the justification for use of the authority in this paragraph with respect to the procurement involved. (D) Authority to limit competition In conducting a procurement under this paragraph, the Secretary may not use the authority provided for under subparagraph (A) to conduct a procurement on a basis other than full and open competition unless the Secretary determines that the mission of the BioShield Program under the Project BioShield Act of 2004 would be seriously impaired without such a limitation. (2) Procedures other than full and open competition (A) In general In using the authority provided in section 3304(a)(1) of title 41 to use procedures other than competitive procedures in the case of a procurement described in paragraph (1) of this subsection, the phrase "available from only one responsible source" in such section 3304(a)(1) shall be deemed to mean "available from only one responsible source or only from a limited number of responsible sources". (B) Relation to other authorities The authority under subparagraph (A) is in addition to any other authority to use procedures other than competitive procedures. (C) Applicable government-wide regulations The Secretary shall implement this paragraph in accordance with government-wide regulations implementing such section 3304(a)(1) (including requirements that offers be solicited from as many potential sources as is practicable under the circumstances, that required notices be published, and that submitted offers be considered), as such regulations apply to procurements for which an agency has authority to use procedures other than competitive procedures when the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency. (3) Increased micropurchase threshold (A) In general For a procurement described by paragraph (1), the amount specified in subsections (a), (d), and (e) of section 1902 of title 41 shall be deemed to be $15,000 in the administration of that section with respect to such procurement. (B) Internal controls to be instituted The Secretary shall institute appropriate internal controls for purchases that are under this paragraph and that are greater than $2,500. (C) Exception to preference for purchase card mechanism No provision of law establishing a preference for using a Government purchase card method for purchases shall apply to purchases that are under this paragraph and that are greater than $2,500. (4) Review (A) Review allowed Notwithstanding subsection (f) of this section, section 1491 of title 28, and section 3556 of title 31, review of a contracting agency decision relating to a procurement described in paragraph (1) may be had only by filing a protest - (i) with a contracting agency; or (ii) with the Comptroller General under subchapter V of chapter 35 of title 31. (B) Override of stay of contract award or performance committed to agency discretion Notwithstanding section 1491 of title 28 and section 3553 of title 31, the following authorizations by the head of a procuring activity are committed to agency discretion: (i) An authorization under section 3553(c)(2) of title 31 to award a contract for a procurement described in paragraph (1) of this subsection. (ii) An authorization under section 3553(d)(3)(C) of such title to perform a contract for a procurement described in paragraph (1) of this subsection. (c) Authority to expedite peer review (1) In general The Secretary may, as the Secretary determines necessary to respond to pressing qualified countermeasure research and development needs under this section, employ such expedited peer review procedures (including consultation with appropriate scientific experts) as the Secretary, in consultation with the Director of NIH, deems appropriate to obtain assessment of scientific and technical merit and likely contribution to the field of qualified countermeasure research, in place of the peer review and advisory council review procedures that would be required under sections 241(a)(3), 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c of this title, as applicable to a grant, contract, or cooperative agreement - (A) that is for performing, administering, or supporting qualified countermeasure research and development activities; and (B) the amount of which is not greater than $1,500,000. (2) Subsequent phases of research The Secretary's determination of whether to employ expedited peer review with respect to any subsequent phases of a research grant, contract, or cooperative agreement under this section shall be determined without regard to the peer review procedures used for any prior peer review of that same grant, contract, or cooperative agreement. Nothing in the preceding sentence may be construed to impose any requirement with respect to peer review not otherwise required under any other law or regulation. (d) Authority for personal services contracts (1) In general For the purpose of performing, administering, or supporting qualified countermeasure research and development activities, the Secretary may, as the Secretary determines necessary to respond to pressing qualified countermeasure research and development needs under this section, obtain by contract (in accordance with section 3109 of title 5, but without regard to the limitations in such section on the period of service and on pay) the personal services of experts or consultants who have scientific or other professional qualifications, except that in no case shall the compensation provided to any such expert or consultant exceed the daily equivalent of the annual rate of compensation for the President. (2) Federal Tort Claims Act coverage (A) In general A person carrying out a contract under paragraph (1), and an officer, employee, or governing board member of such person, shall, subject to a determination by the Secretary, be deemed to be an employee of the Department of Health and Human Services for purposes of claims under sections 1346(b) and 2672 of title 28 for money damages for personal injury, including death, resulting from performance of functions under such contract. (B) Exclusivity of remedy The remedy provided by subparagraph (A) shall be exclusive of any other civil action or proceeding by reason of the same subject matter against the entity involved (person, officer, employee, or governing board member) for any act or omission within the scope of the Federal Tort Claims Act. (C) Recourse in case of gross misconduct or contract violation (i) In general Should payment be made by the United States to any claimant bringing a claim under this paragraph, either by way of administrative determination, settlement, or court judgment, the United States shall have, notwithstanding any provision of State law, the right to recover against any entity identified in subparagraph (B) for that portion of the damages so awarded or paid, as well as interest and any costs of litigation, resulting from the failure of any such entity to carry out any obligation or responsibility assumed by such entity under a contract with the United States or from any grossly negligent or reckless conduct or intentional or willful misconduct on the part of such entity. (ii) Venue The United States may maintain an action under this subparagraph against such entity in the district court of the United States in which such entity resides or has its principal place of business. (3) Internal controls to be instituted (A) In general The Secretary shall institute appropriate internal controls for contracts under this subsection, including procedures for the Secretary to make a determination of whether a person, or an officer, employee, or governing board member of a person, is deemed to be an employee of the Department of Health and Human Services pursuant to paragraph (2). (B) Determination of employee status to be final A determination by the Secretary under subparagraph (A) that a person, or an officer, employee, or governing board member of a person, is or is not deemed to be an employee of the Department of Health and Human Services shall be final and binding on the Secretary and the Attorney General and other parties to any civil action or proceeding. (4) Number of personal services contracts limited The number of experts and consultants whose personal services are obtained under paragraph (1) shall not exceed 30 at any time. (e) Streamlined personnel authority (1) In general In addition to any other personnel authorities, the Secretary may, as the Secretary determines necessary to respond to pressing qualified countermeasure research and development needs under this section, without regard to those provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, appoint professional and technical employees, not to exceed 30 such employees at any time, to positions in the National Institutes of Health to perform, administer, or support qualified countermeasure research and development activities in carrying out this section. (2) Limitations The authority provided for under paragraph (1) shall be exercised in a manner that - (A) recruits and appoints individuals based solely on their abilities, knowledge, and skills; (B) does not discriminate for or against any applicant for employment on any basis described in section 2302(b)(1) of title 5; (C) does not allow an official to appoint an individual who is a relative (as defined in section 3110(a)(3) of such title) of such official; (D) does not discriminate for or against an individual because of the exercise of any activity described in paragraph (9) or (10) of section 2302(b) of such title; and (E) accords a preference, among equally qualified persons, to persons who are preference eligibles (as defined in section 2108(3) of such title). (3) Internal controls to be instituted The Secretary shall institute appropriate internal controls for appointments under this subsection. (f) Actions committed to agency discretion Actions by the Secretary under the authority of this section are committed to agency discretion. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319F-1, as added Pub. L. 108-276, Sec. 2(a), July 21, 2004, 118 Stat. 835; amended Pub. L. 109-417, title IV, Sec. 403(a), Dec. 19, 2006, 120 Stat. 2874.) -REFTEXT- REFERENCES IN TEXT The Project BioShield Act of 2004, referred to in subsec. (b)(1)(D), is Pub. L. 108-276, July 21, 2004, 118 Stat. 835. For complete classification of this Act to the Code, see Short Title of 2004 Amendments note set out under section 201 of this title and Tables. The Federal Tort Claims Act, referred to in subsec. (d)(2), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (Secs. 921, 922, 931-934, 941- 946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28. -COD- CODIFICATION In subsec. (b)(1)(A), "section 134 of title 41" substituted for "section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))" and "section 3101(b)(1)(A) of title 41" substituted for "section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252a(a))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(1)(A)(i), "section 3305(a)(1) of title 41" substituted for "section 303(g)(1)(A) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(1)(A)(ii), "section 3101(b)(1)(B) of title 41" substituted for "section 302A(b) of such Act (41 U.S.C. 252a(b))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(1)(B)(ii), "Section 8703(a) of title 41" substituted for "Subsections (a) and (b) of section 7 of the Anti- Kickback Act of 1986 (41 U.S.C. 57(a) and (b))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(1)(B)(iii), "Section 4706 of title 41" substituted for "Section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d)" on authority of Pub. L. 111- 350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(1)(B)(v), "Section 3901 of title 41" substituted for "Subsection (a) of section 304 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(a))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(2)(A), "section 3304(a)(1) of title 41" substituted for "section 303(c)(1) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(1))" and "such section 3304(a)(1)" substituted for "such section 303(c)(1)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(2)(C), "such section 3304(a)(1)" substituted for "such section 303(c)(1)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(3)(A), "subsections (a), (d), and (e) of section 1902 of title 41" substituted for "subsections (c), (d), and (f) of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -MISC1- AMENDMENTS 2006 - Subsec. (a)(2). Pub. L. 109-417 added par. (2) and struck out heading and text of former par. (2). Text read as follows: "For purposes of this section, the term 'qualified countermeasure' means a drug (as that term is defined by section 321(g)(1) of title 21), biological product (as that term is defined by section 262(i) of this title), or device (as that term is defined by section 321(h) of title 21) that the Secretary determines to be a priority (consistent with sections 182(2) and 184(a) of title 6) to - "(A) treat, identify, or prevent harm from any biological, chemical, radiological, or nuclear agent that may cause a public health emergency affecting national security; or "(B) treat, identify, or prevent harm from a condition that may result in adverse health consequences or death and may be caused by administering a drug, biological product, or device that is used as described in subparagraph (A)." RULE OF CONSTRUCTION Pub. L. 108-276, Sec. 2(e), July 21, 2004, 118 Stat. 842, provided that: "Nothing in this section [enacting this section and amending sections 247d-6, 287a-2, and 300aa-6 of this title] has any legal effect on sections 302(2), 302(4), 304(a), or 304(b) of the Homeland Security Act of 2002 [6 U.S.C. 182(2), (4), 184(a), (b)]." COLLABORATION AND COORDINATION Pub. L. 109-417, title IV, Sec. 405, Dec. 19, 2006, 120 Stat. 2875, provided that: "(a) Limited Antitrust Exemption. - "(1) Meetings and consultations to discuss security countermeasures, qualified countermeasures, or qualified pandemic or epidemic product development. - "(A) Authority to conduct meetings and consultations. - The Secretary of Health and Human Services (referred to in this subsection as the 'Secretary'), in coordination with the Attorney General and the Secretary of Homeland Security, may conduct meetings and consultations with persons engaged in the development of a security countermeasure (as defined in section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b)) (as amended by this Act), a qualified countermeasure (as defined in section 319F-1 of the Public Health Service Act (42 U.S.C. 247d-6a)) (as amended by this Act), or a qualified pandemic or epidemic product (as defined in section 319F-3 of the Public Health Service Act (42 U.S.C. 247d-6d)) for the purpose of the development, manufacture, distribution, purchase, or storage of a countermeasure or product. The Secretary may convene such meeting or consultation at the request of the Secretary of Homeland Security, the Attorney General, the Chairman of the Federal Trade Commission (referred to in this section as the 'Chairman'), or any interested person, or upon initiation by the Secretary. The Secretary shall give prior notice of any such meeting or consultation, and the topics to be discussed, to the Attorney General, the Chairman, and the Secretary of Homeland Security. "(B) Meeting and consultation conditions. - A meeting or consultation conducted under subparagraph (A) shall - "(i) be chaired or, in the case of a consultation, facilitated by the Secretary; "(ii) be open to persons involved in the development, manufacture, distribution, purchase, or storage of a countermeasure or product, as determined by the Secretary; "(iii) be open to the Attorney General, the Secretary of Homeland Security, and the Chairman; "(iv) be limited to discussions involving covered activities; and "(v) be conducted in such manner as to ensure that no national security, confidential commercial, or proprietary information is disclosed outside the meeting or consultation. "(C) Limitation. - The Secretary may not require participants to disclose confidential commercial or proprietary information. "(D) Transcript. - The Secretary shall maintain a complete verbatim transcript of each meeting or consultation conducted under this subsection. Such transcript (or a portion thereof) shall not be disclosed under section 552 of title 5, United States Code, to the extent that the Secretary, in consultation with the Attorney General and the Secretary of Homeland Security, determines that disclosure of such transcript (or portion thereof) would pose a threat to national security. The transcript (or portion thereof) with respect to which the Secretary has made such a determination shall be deemed to be information described in subsection (b)(3) of such section 552. "(E) Exemption. - "(i) In general. - Subject to clause (ii), it shall not be a violation of the antitrust laws for any person to participate in a meeting or consultation conducted in accordance with this paragraph. "(ii) Limitation. - Clause (i) shall not apply to any agreement or conduct that results from a meeting or consultation and that is not covered by an exemption granted under paragraph (4). "(2) Submission of written agreements. - The Secretary shall submit each written agreement regarding covered activities that is made pursuant to meetings or consultations conducted under paragraph (1) to the Attorney General and the Chairman for consideration. In addition to the proposed agreement itself, any submission shall include - "(A) an explanation of the intended purpose of the agreement; "(B) a specific statement of the substance of the agreement; "(C) a description of the methods that will be utilized to achieve the objectives of the agreement; "(D) an explanation of the necessity for a cooperative effort among the particular participating persons to achieve the objectives of the agreement; and "(E) any other relevant information determined necessary by the Attorney General, in consultation with the Chairman and the Secretary. "(3) Exemption for conduct under approved agreement. - It shall not be a violation of the antitrust laws for a person to engage in conduct in accordance with a written agreement to the extent that such agreement has been granted an exemption under paragraph (4), during the period for which the exemption is in effect. "(4) Action on written agreements. - "(A) In general. - The Attorney General, in consultation with the Chairman, shall grant, deny, grant in part and deny in part, or propose modifications to an exemption request regarding a written agreement submitted under paragraph (2), in a written statement to the Secretary, within 15 business days of the receipt of such request. An exemption granted under this paragraph shall take effect immediately. "(B) Extension. - The Attorney General may extend the 15-day period referred to in subparagraph (A) for an additional period of not to exceed 10 business days. "(C) Determination. - An exemption shall be granted regarding a written agreement submitted in accordance with paragraph (2) only to the extent that the Attorney General, in consultation with the Chairman and the Secretary, finds that the conduct that will be exempted will not have any substantial anticompetitive effect that is not reasonably necessary for ensuring the availability of the countermeasure or product involved. "(5) Limitation on and renewal of exemptions. - An exemption granted under paragraph (4) shall be limited to covered activities, and such exemption shall be renewed (with modifications, as appropriate, consistent with the finding described in paragraph (4)(C)), on the date that is 3 years after the date on which the exemption is granted unless the Attorney General in consultation with the Chairman determines that the exemption should not be renewed (with modifications, as appropriate) considering the factors described in paragraph (4). "(6) Authority to obtain information. - Consideration by the Attorney General for granting or renewing an exemption submitted under this section shall be considered an antitrust investigation for purposes of the Antitrust Civil Process Act (15 U.S.C. 1311 et seq.). "(7) Limitation on parties. - The use of any information acquired under an agreement for which an exemption has been granted under paragraph (4), for any purpose other than specified in the exemption, shall be subject to the antitrust laws and any other applicable laws. "(8) Report. - Not later than one year after the date of enactment of this Act [Dec. 19, 2006] and biannually thereafter, the Attorney General and the Chairman shall report to Congress on the use of the exemption from the antitrust laws provided by this subsection. "(b) Sunset. - The applicability of this section shall expire at the end of the 6-year period that begins on the date of enactment of this Act [Dec. 19, 2006]. "(c) Definitions. - In this section: "(1) Antitrust laws. - The term 'antitrust laws' - "(A) has the meaning given such term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and "(B) includes any State law similar to the laws referred to in subparagraph (A). "(2) Countermeasure or product. - The term 'countermeasure or product' refers to a security countermeasure, qualified countermeasure, or qualified pandemic or epidemic product (as those terms are defined in subsection (a)(1)). "(3) Covered activities. - "(A) In general. - Except as provided in subparagraph (B), the term 'covered activities' includes any activity relating to the development, manufacture, distribution, purchase, or storage of a countermeasure or product. "(B) Exception. - The term 'covered activities' shall not include, with respect to a meeting or consultation conducted under subsection (a)(1) or an agreement for which an exemption has been granted under subsection (a)(4), the following activities involving 2 or more persons: "(i) Exchanging information among competitors relating to costs, profitability, or distribution of any product, process, or service if such information is not reasonably necessary to carry out covered activities - "(I) with respect to a countermeasure or product regarding which such meeting or consultation is being conducted; or "(II) that are described in the agreement as exempted. "(ii) Entering into any agreement or engaging in any other conduct - "(I) to restrict or require the sale, licensing, or sharing of inventions, developments, products, processes, or services not developed through, produced by, or distributed or sold through such covered activities; or "(II) to restrict or require participation, by any person participating in such covered activities, in other research and development activities, except as reasonably necessary to prevent the misappropriation of proprietary information contributed by any person participating in such covered activities or of the results of such covered activities. "(iii) Entering into any agreement or engaging in any other conduct allocating a market with a competitor that is not expressly exempted from the antitrust laws under subsection (a)(4). "(iv) Exchanging information among competitors relating to production (other than production by such covered activities) of a product, process, or service if such information is not reasonably necessary to carry out such covered activities. "(v) Entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production of a product, process, or service that is not expressly exempted from the antitrust laws under subsection (a)(4). "(vi) Except as otherwise provided in this subsection, entering into any agreement or engaging in any other conduct to restrict or require participation by any person participating in such covered activities, in any unilateral or joint activity that is not reasonably necessary to carry out such covered activities. "(vii) Entering into any agreement or engaging in any other conduct restricting or setting the price at which a countermeasure or product is offered for sale, whether by bid or otherwise." OUTREACH Pub. L. 108-276, Sec. 6, July 21, 2004, 118 Stat. 862, provided that: "The Secretary of Health and Human Services shall develop outreach measures to ensure to the extent practicable that diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Black or African Americans, American Indians, Appalachian Americans, Alaska Natives, Asians, Native Hawaiians, other Pacific Islanders, Hispanics or Latinos, or other underrepresented populations, are meaningfully aware of available research and development grants, contracts, cooperative agreements, and procurements conducted under sections 2 and 3 of this Act [enacting this section and section 320 of Title 6, Domestic Security, amending sections 247d-6, 247d-6b, 287a-2, and 300aa-6 of this title and sections 312 and 313 of Title 6, renumbering section 300hh-12 of this title as section 247d-6b of this title, and enacting provisions set out as notes under this section and section 247d-6b of this title]." RECOMMENDATION FOR EXPORT CONTROLS ON CERTAIN BIOMEDICAL COUNTERMEASURES Pub. L. 108-276, Sec. 7, July 21, 2004, 118 Stat. 863, provided that: "Upon the award of any grant, contract, or cooperative agreement under section 2 or 3 of this Act [enacting this section and section 320 of Title 6, Domestic Security, amending sections 247d-6, 247d-6b, 287a-2, and 300aa-6 of this title and sections 312 and 313 of Title 6, renumbering section 300hh-12 of this title as section 247d-6b of this title, and enacting provisions set out as notes under this section and section 247d-6b of this title] for the research, development, or procurement of a qualified countermeasure or a security countermeasure (as those terms are defined in this Act [see Short Title of 2004 Amendments note set out under section 201 of this title]), the Secretary of Health and Human Services shall, in consultation with the heads of other appropriate Federal agencies, determine whether the countermeasure involved in such grant, contract, or cooperative agreement is subject to existing export-related controls and, if not, may make a recommendation to the appropriate Federal agency or agencies that such countermeasure should be included on the list of controlled items subject to such controls." ENSURING COORDINATION, COOPERATION AND THE ELIMINATION OF UNNECESSARY DUPLICATION IN PROGRAMS DESIGNED TO PROTECT THE HOMELAND FROM BIOLOGICAL, CHEMICAL, RADIOLOGICAL, AND NUCLEAR AGENTS Pub. L. 108-276, Sec. 8, July 21, 2004, 118 Stat. 863, provided that: "(a) Ensuring Coordination of Programs. - The Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Defense shall ensure that the activities of their respective Departments coordinate, complement, and do not unnecessarily duplicate programs to identify potential domestic threats from biological, chemical, radiological or nuclear agents, detect domestic incidents involving such agents, analyze such incidents, and develop necessary countermeasures. The aforementioned Secretaries shall further ensure that information and technology possessed by the Departments relevant to these activities are shared with the other Departments. "(b) Designation of Agency Coordination Officer. - The Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Defense shall each designate an officer or employee of their respective Departments who shall coordinate, through regular meetings and communications, with the other aforementioned Departments such programs and activities carried out by their Departments." -End- -CITE- 42 USC Sec. 247d-6b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-6b. Strategic National Stockpile and security countermeasure procurements -STATUTE- (a) Strategic National Stockpile (1) In general The Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention, and in coordination with the Secretary of Homeland Security (referred to in this section as the "Homeland Security Secretary"), shall maintain a stockpile or stockpiles of drugs, vaccines and other biological products, medical devices, and other supplies in such numbers, types, and amounts as are determined by the Secretary to be appropriate and practicable, taking into account other available sources, to provide for the emergency health security of the United States, including the emergency health security of children and other vulnerable populations, in the event of a bioterrorist attack or other public health emergency. The Secretary shall conduct an annual review (taking into account at- risk individuals) of the contents of the stockpile, including non-pharmaceutical supplies, and make necessary additions or modifications to the contents based on such review. (2) Procedures The Secretary, in managing the stockpile under paragraph (1), shall - (A) consult with the working group under section 247d-6(a) of this title; (B) ensure that adequate procedures are followed with respect to such stockpile for inventory management and accounting, and for the physical security of the stockpile; (C) in consultation with Federal, State, and local officials, take into consideration the timing and location of special events; (D) review and revise, as appropriate, the contents of the stockpile on a regular basis to ensure that emerging threats, advanced technologies, and new countermeasures are adequately considered; (E) devise plans for the effective and timely supply-chain management of the stockpile, in consultation with appropriate Federal, State and local agencies, and the public and private health care infrastructure; (F) deploy the stockpile as required by the Secretary of Homeland Security to respond to an actual or potential emergency; (G) deploy the stockpile at the discretion of the Secretary to respond to an actual or potential public health emergency or other situation in which deployment is necessary to protect the public health or safety; and (H) ensure the adequate physical security of the stockpile. (b) Smallpox vaccine development (1) In general The Secretary shall award contracts, enter into cooperative agreements, or carry out such other activities as may reasonably be required in order to ensure that the stockpile under subsection (a) of this section includes an amount of vaccine against smallpox as determined by such Secretary to be sufficient to meet the health security needs of the United States. (2) Rule of construction Nothing in this section shall be construed to limit the private distribution, purchase, or sale of vaccines from sources other than the stockpile described in subsection (a) of this section. (c) Additional authority regarding procurement of certain countermeasures; availability of special reserve fund (1) In general (A) Use of fund A security countermeasure may, in accordance with this subsection, be procured with amounts in the special reserve fund under paragraph (10). (B) Security countermeasure For purposes of this subsection, the term "security countermeasure" means a drug (as that term is defined by section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as that term is defined by section 262(i) of this title), or device (as that term is defined by section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))) that - (i)(I) the Secretary determines to be a priority (consistent with sections 182(2) and 184(a) of title 6) to diagnose, mitigate, prevent, or treat harm from any biological, chemical, radiological, or nuclear agent identified as a material threat under paragraph (2)(A)(ii), or to diagnose, mitigate, prevent, or treat harm from a condition that may result in adverse health consequences or death and may be caused by administering a drug, biological product, or device against such an agent; (II) the Secretary determines under paragraph (2)(B)(ii) to be a necessary countermeasure; and (III)(aa) is approved or cleared under chapter V of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 351 et seq.] or licensed under section 262 of this title; or (bb) is a countermeasure for which the Secretary determines that sufficient and satisfactory clinical experience or research data (including data, if available, from pre- clinical and clinical trials) support a reasonable conclusion that the countermeasure will qualify for approval or licensing within eight years after the date of a determination under paragraph (5); or (ii) is authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360bbb- 3]. (2) Determination of material threats (A) Material threat The Homeland Security Secretary, in consultation with the Secretary and the heads of other agencies as appropriate, shall on an ongoing basis - (i) assess current and emerging threats of chemical, biological, radiological, and nuclear agents; and (ii) determine which of such agents present a material threat against the United States population sufficient to affect national security. (B) Public health impact; necessary countermeasures The Secretary shall on an ongoing basis - (i) assess the potential public health consequences for the United States population of exposure to agents identified under subparagraph (A)(ii); and (ii) determine, on the basis of such assessment, the agents identified under subparagraph (A)(ii) for which countermeasures are necessary to protect the public health. (C) Notice to Congress The Secretary and the Homeland Security Secretary shall promptly notify the designated congressional committees (as defined in paragraph (10)) that a determination has been made pursuant to subparagraph (A) or (B). (D) Assuring access to threat information In making the assessment and determination required under subparagraph (A), the Homeland Security Secretary shall use all relevant information to which such Secretary is entitled under section 122 of title 6, including but not limited to information, regardless of its level of classification, relating to current and emerging threats of chemical, biological, radiological, and nuclear agents. (3) Assessment of availability and appropriateness of countermeasures (A) In general The Secretary, in consultation with the Homeland Security Secretary, shall assess on an ongoing basis the availability and appropriateness of specific countermeasures to address specific threats identified under paragraph (2). (B) Information The Secretary shall institute a process for making publicly available the results of assessments under subparagraph (A) while withholding such information as - (i) would, in the judgment of the Secretary, tend to reveal public health vulnerabilities; or (ii) would otherwise be exempt from disclosure under section 552 of title 5. (4) Call for development of countermeasures; commitment for recommendation for procurement (A) Proposal to the President If, pursuant to an assessment under paragraph (3), the Homeland Security Secretary and the Secretary make a determination that a countermeasure would be appropriate but is either currently not developed or unavailable for procurement as a security countermeasure or is approved, licensed, or cleared only for alternative uses, such Secretaries may jointly submit to the President a proposal to - (i) issue a call for the development of such countermeasure; and (ii) make a commitment that, upon the first development of such countermeasure that meets the conditions for procurement under paragraph (5), the Secretaries will, based in part on information obtained pursuant to such call, make a recommendation under paragraph (6) that the special reserve fund under paragraph (10) be made available for the procurement of such countermeasure. (B) Countermeasure specifications The Homeland Security Secretary and the Secretary shall, to the extent practicable, include in the proposal under subparagraph (A) - (i) estimated quantity of purchase (in the form of number of doses or number of effective courses of treatments regardless of dosage form); (ii) necessary measures of minimum safety and effectiveness; (iii) estimated price for each dose or effective course of treatment regardless of dosage form; and (iv) other information that may be necessary to encourage and facilitate research, development, and manufacture of the countermeasure or to provide specifications for the countermeasure. (C) Presidential approval If the President approves a proposal under subparagraph (A), the Homeland Security Secretary and the Secretary shall make known to persons who may respond to a call for the countermeasure involved - (i) the call for the countermeasure; (ii) specifications for the countermeasure under subparagraph (B); and (iii) the commitment described in subparagraph (A)(ii). (5) Secretary's determination of countermeasures appropriate for funding from special reserve fund (A) In general The Secretary, in accordance with the provisions of this paragraph, shall identify specific security countermeasures that the Secretary determines, in consultation with the Homeland Security Secretary, to be appropriate for inclusion in the stockpile under subsection (a) of this section pursuant to procurements made with amounts in the special reserve fund under paragraph (10) (referred to in this subsection individually as a "procurement under this subsection"). (B) Requirements In making a determination under subparagraph (A) with respect to a security countermeasure, the Secretary shall determine and consider the following: (i) The quantities of the product that will be needed to meet the stockpile needs. (ii) The feasibility of production and delivery within eight years of sufficient quantities of the product. (iii) Whether there is a lack of a significant commercial market for the product at the time of procurement, other than as a security countermeasure. (6) Recommendation for President's approval (A) Recommendation for procurement In the case of a security countermeasure that the Secretary has, in accordance with paragraphs (3) and (5), determined to be appropriate for procurement under this subsection, the Homeland Security Secretary and the Secretary shall jointly submit to the President, in coordination with the Director of the Office of Management and Budget, a recommendation that the special reserve fund under paragraph (10) be made available for the procurement of such countermeasure. (B) Presidential approval The special reserve fund under paragraph (10) is available for a procurement of a security countermeasure only if the President has approved a recommendation under subparagraph (A) regarding the countermeasure. (C) Notice to designated congressional committees The Secretary and the Homeland Security Secretary shall notify the designated congressional committees of each decision of the President to approve a recommendation under subparagraph (A). Such notice shall include an explanation of the decision to make available the special reserve fund under paragraph (10) for procurement of such a countermeasure, including, where available, the number of, nature of, and other information concerning potential suppliers of such countermeasure, and whether other potential suppliers of the same or similar countermeasures were considered and rejected for procurement under this section and the reasons therefor. (D) Subsequent specific countermeasures Procurement under this subsection of a security countermeasure for a particular purpose does not preclude the subsequent procurement under this subsection of any other security countermeasure for such purpose if the Secretary has determined under paragraph (5)(A) that such countermeasure is appropriate for inclusion in the stockpile and if, as determined by the Secretary, such countermeasure provides improved safety or effectiveness, or for other reasons enhances preparedness to respond to threats of use of a biological, chemical, radiological, or nuclear agent. Such a determination by the Secretary is committed to agency discretion. (E) Rule of construction Recommendations and approvals under this paragraph apply solely to determinations that the special reserve fund under paragraph (10) will be made available for a procurement of a security countermeasure, and not to the substance of contracts for such procurement or other matters relating to awards of such contracts. (7) Procurement (A) In general For purposes of a procurement under this subsection that is approved by the President under paragraph (6), the Homeland Security Secretary and the Secretary shall have responsibilities in accordance with subparagraphs (B) and (C). (B) Interagency agreement; cost The Homeland Security Secretary shall enter into an agreement with the Secretary for procurement of a security countermeasure in accordance with the provisions of this paragraph. The special reserve fund under paragraph (10) shall be available for payments made by the Secretary to a vendor for such procurement. (C) Procurement (i) In general The Secretary shall be responsible for - (I) arranging for procurement of a security countermeasure, including negotiating terms (including quantity, production schedule, and price) of, and entering into, contracts and cooperative agreements, and for carrying out such other activities as may reasonably be required, in accordance with the provisions of this subparagraph; and (II) promulgating such regulations as the Secretary determines necessary to implement the provisions of this subsection. (ii) Contract terms A contract for procurements under this subsection shall (or, as specified below, may) include the following terms: (I) Payment conditioned on delivery The contract shall provide that no payment may be made until delivery of a portion, acceptable to the Secretary, of the total number of units contracted for, except that, notwithstanding any other provision of law, the contract may provide that, if the Secretary determines (in the Secretary's discretion) that an advance payment, partial payment for significant milestones, or payment to increase manufacturing capacity is necessary to ensure success of a project, the Secretary shall pay an amount, not to exceed 10 percent of the contract amount, in advance of delivery. The Secretary shall, to the extent practicable, make the determination of advance payment at the same time as the issuance of a solicitation. The contract shall provide that such advance payment is required to be repaid if there is a failure to perform by the vendor under the contract. The contract may also provide for additional advance payments of 5 percent each for meeting the milestones specified in such contract, except that such payments shall not exceed 50 percent of the total contract amount. If the specified milestones are reached, the advanced payments of 5 percent shall not be required to be repaid. Nothing in this subclause shall be construed as affecting the rights of vendors under provisions of law or regulation (including the Federal Acquisition Regulation) relating to the termination of contracts for the convenience of the Government. (II) Discounted payment The contract may provide for a discounted price per unit of a product that is not licensed, cleared, or approved as described in paragraph (1)(B)(i)(III)(aa) at the time of delivery, and may provide for payment of an additional amount per unit if the product becomes so licensed, cleared, or approved before the expiration date of the contract (including an additional amount per unit of product delivered before the effective date of such licensing, clearance, or approval). (III) Contract duration The contract shall be for a period not to exceed five years, except that, in first awarding the contract, the Secretary may provide for a longer duration, not exceeding eight years, if the Secretary determines that complexities or other difficulties in performance under the contract justify such a period. The contract shall be renewable for additional periods, none of which shall exceed five years. (IV) Storage by vendor The contract may provide that the vendor will provide storage for stocks of a product delivered to the ownership of the Federal Government under the contract, for such period and under such terms and conditions as the Secretary may specify, and in such case amounts from the special reserve fund under paragraph (10) shall be available for costs of shipping, handling, storage, and related costs for such product. (V) Product approval The contract shall provide that the vendor seek approval, clearance, or licensing of the product from the Secretary; for a timetable for the development of data and other information to support such approval, clearance, or licensing; and that the Secretary may waive part or all of this contract term on request of the vendor or on the initiative of the Secretary. (VI) Non-stockpile transfers of security countermeasures The contract shall provide that the vendor will comply with all applicable export-related controls with respect to such countermeasure. (VII) Sales exclusivity The contract may provide that the vendor is the exclusive supplier of the product to the Federal Government for a specified period of time, not to exceed the term of the contract, on the condition that the vendor is able to satisfy the needs of the Government. During the agreed period of sales exclusivity, the vendor shall not assign its rights of sales exclusivity to another entity or entities without approval by the Secretary. Such a sales exclusivity provision in such a contract shall constitute a valid basis for a sole source procurement under section 3304(a)(1) of title 41. (VIII) Warm based surge capacity The contract may provide that the vendor establish domestic manufacturing capacity of the product to ensure that additional production of the product is available in the event that the Secretary determines that there is a need to quickly purchase additional quantities of the product. Such contract may provide a fee to the vendor for establishing and maintaining such capacity in excess of the initial requirement for the purchase of the product. Additionally, the cost of maintaining the domestic manufacturing capacity shall be an allowable and allocable direct cost of the contract. (IX) Contract terms The Secretary, in any contract for procurement under this section, may specify - (aa) the dosing and administration requirements for countermeasures to be developed and procured; (bb) the amount of funding that will be dedicated by the Secretary for development and acquisition of the countermeasure; and (cc) the specifications the countermeasure must meet to qualify for procurement under a contract under this section. (iii) Availability of simplified acquisition procedures (I) In general If the Secretary determines that there is a pressing need for a procurement of a specific countermeasure, the amount of the procurement under this subsection shall be deemed to be below the threshold amount specified in section 134 of title 41, for purposes of application to such procurement, pursuant to section 3101(b)(1)(A) of title 41, of - (aa) section 3305(a)(1) of title 41 and its implementing regulations; and (bb) section 3101(b)(1)(B) of title 41 and its implementing regulations. (II) Application of certain provisions Notwithstanding subclause (I) and the provision of law and regulations referred to in such clause, each of the following provisions shall apply to procurements described in this clause to the same extent that such provisions would apply to such procurements in the absence of subclause (I): (aa) Chapter 37 of title 40 (relating to contract work hours and safety standards). (bb) Section 8703(a) of title 41. (cc) Section 4706 of title 41 (relating to the examination of contractor records). (dd) Section 3131 of title 40 (relating to bonds of contractors of public buildings or works). (ee) Section 3901 of title 41 (relating to contingent fees to middlemen). (ff) Section 6962 of this title. (gg) Section 1354 of title 31 (relating to the limitation on the use of appropriated funds for contracts with entities not meeting veterans employment reporting requirements). (III) Internal controls to be established The Secretary shall establish appropriate internal controls for procurements made under this clause, including requirements with respect to documentation of the justification for the use of the authority provided under this paragraph with respect to the procurement involved. (IV) Authority to limit competition In conducting a procurement under this subparagraph, the Secretary may not use the authority provided for under subclause (I) to conduct a procurement on a basis other than full and open competition unless the Secretary determines that the mission of the BioShield Program under the Project BioShield Act of 2004 would be seriously impaired without such a limitation. (iv) Procedures other than full and open competition (I) In general In using the authority provided in section 3304(a)(1) of title 41 to use procedures other than competitive procedures in the case of a procurement under this subsection, the phrase "available from only one responsible source" in such section 3304(a)(1) shall be deemed to mean "available from only one responsible source or only from a limited number of responsible sources". (II) Relation to other authorities The authority under subclause (I) is in addition to any other authority to use procedures other than competitive procedures. (III) Applicable government-wide regulations The Secretary shall implement this clause in accordance with government-wide regulations implementing such section 3304(a)(1) (including requirements that offers be solicited from as many potential sources as is practicable under the circumstances, that required notices be published, and that submitted offers be considered), as such regulations apply to procurements for which an agency has authority to use procedures other than competitive procedures when the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency. (v) Premium provision in multiple award contracts (I) In general If, under this subsection, the Secretary enters into contracts with more than one vendor to procure a security countermeasure, such Secretary may, notwithstanding any other provision of law, include in each of such contracts a provision that - (aa) identifies an increment of the total quantity of security countermeasure required, whether by percentage or by numbers of units; and (bb) promises to pay one or more specified premiums based on the priority of such vendors' production and delivery of the increment identified under item (aa), in accordance with the terms and conditions of the contract. (II) Determination of Government's requirement not reviewable If the Secretary includes in each of a set of contracts a provision as described in subclause (I), such Secretary's determination of the total quantity of security countermeasure required, and any amendment of such determination, is committed to agency discretion. (vi) Extension of closing date for receipt of proposals not reviewable A decision by the Secretary to extend the closing date for receipt of proposals for a procurement under this subsection is committed to agency discretion. (vii) Limiting competition to sources responding to request for information In conducting a procurement under this subsection, the Secretary may exclude a source that has not responded to a request for information under section 3306(a)(1)(B) of title 41 if such request has given notice that the Secretary may so exclude such a source. (8) Interagency cooperation (A) In general In carrying out activities under this section, the Homeland Security Secretary and the Secretary are authorized, subject to subparagraph (B), to enter into interagency agreements and other collaborative undertakings with other agencies of the United States Government. Such agreements may allow other executive agencies to order qualified and security countermeasures under procurement contracts or other agreements established by the Secretary. Such ordering process (including transfers of appropriated funds between an agency and the Department of Health and Human Services as reimbursements for such orders for countermeasures) may be conducted under the authority of section 1535 of title 31, except that all such orders shall be processed under the terms established under this subsection for the procurement of countermeasures. (B) Limitation An agreement or undertaking under this paragraph shall not authorize another agency to exercise the authorities provided by this section to the Homeland Security Secretary or to the Secretary. (9) Restrictions on use of funds Amounts in the special reserve fund under paragraph (10) shall not be used to pay - (A) costs for the purchase of vaccines under procurement contracts entered into before July 21, 2004; or (B) costs other than payments made by the Secretary to a vendor for a procurement of a security countermeasure under paragraph (7). (10) Definitions (A) Special reserve fund For purposes of this subsection, the term "special reserve fund" has the meaning given such term in section 510 (!1) of the Homeland Security Act of 2002. (B) Designated congressional committees For purposes of this section, the term "designated congressional committees" means the following committees of the Congress: (i) In the House of Representatives: the Committee on Energy and Commerce, the Committee on Appropriations, the Committee on Government Reform, and the Select Committee on Homeland Security (or any successor to the Select Committee). (ii) In the Senate: the appropriate committees. (d) Disclosures No Federal agency shall disclose under section 552 of title 5 any information identifying the location at which materials in the stockpile under subsection (a) of this section are stored. (e) Definition For purposes of subsection (a) of this section, the term "stockpile" includes - (1) a physical accumulation (at one or more locations) of the supplies described in subsection (a) of this section; or (2) a contractual agreement between the Secretary and a vendor or vendors under which such vendor or vendors agree to provide to such Secretary supplies described in subsection (a) of this section. (f) Authorization of appropriations (1) Strategic National Stockpile For the purpose of carrying out subsection (a) of this section, there are authorized to be appropriated $640,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006. Such authorization is in addition to amounts in the special reserve fund referred to in subsection (c)(10)(A) of this section. (2) Smallpox vaccine development For the purpose of carrying out subsection (b) of this section, there are authorized to be appropriated $509,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319F-2, formerly Pub. L. 107-188, title I, Sec. 121, June 12, 2002, 116 Stat. 611; Pub. L. 107-296, title XVII, Sec. 1705(a), Nov. 25, 2002, 116 Stat. 2316; renumbered Sec. 319F-2 of act July 1, 1944, and amended Pub. L. 108- 276, Sec. 3(a), July 21, 2004, 118 Stat. 842; Pub. L. 109-417, title I, Sec. 102(c), title IV, Secs. 403(b), 406, Dec. 19, 2006, 120 Stat. 2834, 2874, 2879.) -REFTEXT- REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(1)(B)(i)(III)(aa), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended. Chapter V of the Act is classified generally to subchapter V (Sec. 351 et seq.) of chapter 9 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. The Project BioShield Act of 2004, referred to in subsec. (c)(7)(C)(iii)(IV), is Pub. L. 108-276, July 21, 2004, 118 Stat. 835. For complete classification of this Act to the Code, see Short Title of 2004 Amendments note set out under section 201 of this title and Tables. Section 510 of the Homeland Security Act of 2002, referred to in subsec. (c)(10)(A), probably means section 510 of Pub. L. 107-296 as added by Pub. L. 108-276, which defines "special reserve fund", and which was renumbered section 521 of that Act by Pub. L. 109- 295, title VI, Sec. 611(7), Oct. 4, 2006, 120 Stat. 1395, and is classified to section 321j of Title 6, Domestic Security. Another section 510 of Pub. L. 107-296, relating to urban and other high risk area communications capabilities, was classified to section 321 of Title 6, prior to repeal by Pub. L. 109-295, title VI, Sec. 611(5), Oct. 4, 2006, 120 Stat. 1395. Another section 510 of Pub. L. 107-296, relating to credentialing and typing, is classified to section 320 of Title 6. -COD- CODIFICATION In subsec. (c)(7)(C)(ii)(VII), "section 3304(a)(1) of title 41" substituted for "section 303(c)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(1))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(iii)(I), "section 134 of title 41" substituted for "section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))" and "section 3101(b)(1)(A) of title 41" substituted for "section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252a(a))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(iii)(I)(aa), "section 3305(a)(1) of title 41" substituted for "section 303(g)(1)(A) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(iii)(I)(bb), "section 3101(b)(1)(B) of title 41" substituted for "section 302A(b) of such Act (41 U.S.C. 252a(b))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(iii)(II)(bb), "Section 8703(a) of title 41" substituted for "Subsections (a) and (b) of section 7 of the Anti- Kickback Act of 1986 (41 U.S.C. 57(a) and (b))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(iii)(II)(cc), "Section 4706 of title 41" substituted for "Section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(iii)(II)(ee), "Section 3901 of title 41" substituted for "Subsection (a) of section 304 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(a))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(iv)(I), "section 3304(a)(1) of title 41" substituted for "section 303(c)(1) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(1))" and "such section 3304(a)(1)" substituted for "such section 303(c)(1)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(iv)(III), "such section 3304(a)(1)" substituted for "such section 303(c)(1)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(7)(C)(vii), "section 3306(a)(1)(B) of title 41" substituted for "section 303A(a)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253a(a)(1)(B))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was formerly classified to section 300hh-12 of this title prior to renumbering by Pub. L. 108-276. -MISC1- AMENDMENTS 2006 - Pub. L. 109-417, Sec. 406(1), inserted "and security countermeasure procurements" after "Stockpile" in section catchline. Subsec. (a)(1). Pub. L. 109-417, Sec. 102(c), inserted "in collaboration with the Director of the Centers for Disease Control and Prevention, and" after "The Secretary," and inserted at end "The Secretary shall conduct an annual review (taking into account at-risk individuals) of the contents of the stockpile, including non-pharmaceutical supplies, and make necessary additions or modifications to the contents based on such review." Subsec. (c). Pub. L. 109-417, Sec. 406(2)(A), struck out "biomedical" before "countermeasures" in heading. Subsec. (c)(1)(B)(i)(I). Pub. L. 109-417, Sec. 403(b), which directed amendment of section 319F-2(c)(1)(B) by substituting "diagnose, mitigate, prevent, or treat" for "treat, identify, or prevent" wherever appearing, was executed by making the substitution in two places in subsec. (c)(1)(B)(i)(I) of this section, which is section 319F-2 of the Public Health Service Act, to reflect the probable intent of Congress. Subsec. (c)(3). Pub. L. 109-417, Sec. 406(2)(B), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (c)(4)(A). Pub. L. 109-417, Sec. 406(2)(C), inserted "not developed or" after "currently" in introductory provisions. Subsec. (c)(5)(B)(i). Pub. L. 109-417, Sec. 406(2)(D), substituted "to meet the stockpile needs" for "to meet the needs of the stockpile". Subsec. (c)(7)(B). Pub. L. 109-417, Sec. 406(2)(E), substituted "cost" for "costs" in subpar. heading, struck out cl. (i) designation and heading before "The Homeland", and struck out heading and text of cl. (ii). Text read as follows: "The actual costs to the Secretary under this section, other than the costs described in clause (i), shall be paid from the appropriation provided for under subsection (f)(1) of this section." Subsec. (c)(7)(C)(ii)(I). Pub. L. 109-417, Sec. 406(2)(F)(i), amended heading and text of subcl. (I) generally. Prior to amendment, text read as follows: "The contract shall provide that no payment may be made until delivery has been made of a portion, acceptable to the Secretary, of the total number of units contracted for, except that, notwithstanding any other provision of law, the contract may provide that, if the Secretary determines (in the Secretary's discretion) that an advance payment is necessary to ensure success of a project, the Secretary may pay an amount, not to exceed 10 percent of the contract amount, in advance of delivery. The contract shall provide that such advance payment is required to be repaid if there is a failure to perform by the vendor under the contract. Nothing in this subclause may be construed as affecting rights of vendors under provisions of law or regulation (including the Federal Acquisition Regulation) relating to termination of contracts for the convenience of the Government." Subsec. (c)(7)(C)(ii)(VII) to (IX). Pub. L. 109-417, Sec. 406(2)(F)(ii), added subcls. (VII) to (IX). Subsec. (c)(8)(A). Pub. L. 109-417, Sec. 406(2)(G), inserted at end "Such agreements may allow other executive agencies to order qualified and security countermeasures under procurement contracts or other agreements established by the Secretary. Such ordering process (including transfers of appropriated funds between an agency and the Department of Health and Human Services as reimbursements for such orders for countermeasures) may be conducted under the authority of section 1535 of title 31, except that all such orders shall be processed under the terms established under this subsection for the procurement of countermeasures." 2004 - Pub. L. 108-276, Sec. 3(a)(2), amended section generally. Prior to amendment, text related in subsec. (a) to Strategic National Stockpile, in subsec. (b) to smallpox vaccine development, in subsec. (c) to disclosures, in subsec. (d) to definition of "stockpile", and in subsec. (e) to authorization of appropriations. 2002 - Subsec. (a)(1). Pub. L. 107-296, Sec. 1705(a)(1), substituted "The Secretary of Homeland Security" for "The Secretary of Health and Human Services" and inserted "the Secretary of Health and Human Services and" after "in coordination with" and "of Health and Human Services" after "as are determined by the Secretary". Subsecs. (a)(2), (b)(1). Pub. L. 107-296, Sec. 1705(a)(2), inserted "of Health and Human Services" after "Secretary" wherever appearing. -CHANGE- CHANGE OF NAME Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. -MISC2- EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-296, title XVII, Sec. 1705(b), Nov. 25, 2002, 116 Stat. 2316, provided that: "The amendments made by this section [amending this section] shall take effect on the date of transfer of the Strategic National Stockpile of the Department of Health and Human Services to the Department [of Homeland Security]." STOCKPILE FUNCTIONS TRANSFERRED Pub. L. 108-276, Sec. 3(c)(1),(2), July 21, 2004, 118 Stat. 853, provided that: "(1) In general. - Except as provided in paragraph (2), there shall be transferred to the Secretary of Health and Human Services the functions, personnel, assets, unexpended balances, and liabilities of the Strategic National Stockpile, including the functions of the Secretary of Homeland Security relating thereto. "(2) Exceptions. - "(A) Functions. - The transfer of functions pursuant to paragraph (1) shall not include such functions as are explicitly assigned to the Secretary of Homeland Security by this Act [see Short Title of 2004 Amendments note set out under section 201 of this title] (including the amendments made by this Act). "(B) Assets and unexpended balances. - The transfer of assets and unexpended balances pursuant to paragraph (1) shall not include the funds appropriated under the heading 'biodefense countermeasures' in the Department of Homeland Security Appropriations Act, 2004 (Public Law 108-90 [117 Stat. 1148])." POTASSIUM IODIDE Pub. L. 107-188, title I, Sec. 127, June 12, 2002, 116 Stat. 615, provided that: "(a) In General. - Through the national stockpile under section 121 [now section 319F-2 of act July 1, 1944, this section], the President, subject to subsections (b) and (c), shall make available to State and local governments potassium iodide tablets for stockpiling and for distribution as appropriate to public facilities, such as schools and hospitals, in quantities sufficient to provide adequate protection for the population within 20 miles of a nuclear power plant. "(b) State and Local Plans. - "(1) In general. - Subsection (a) applies with respect to a State or local government, subject to paragraph (2), if the government involved meets the following conditions: "(A) Such government submits to the President a plan for the stockpiling of potassium iodide tablets, and for the distribution and utilization of potassium iodide tablets in the event of a nuclear incident. "(B) The plan is accompanied by certifications by such government that the government has not already received sufficient quantities of potassium iodide tablets from the Federal Government. "(2) Local governments. - Subsection (a) applies with respect to a local government only if, in addition to the conditions described in paragraph (1), the following conditions are met: "(A) The State in which the locality involved is located - "(i) does not have a plan described in paragraph (1)(A); or "(ii) has a plan described in such paragraph, but the plan does not address populations at a distance greater than 10 miles from the nuclear power plant involved. "(B) The local government has petitioned the State to modify the State plan to address such populations, not exceeding 20 miles from such plant, and 60 days have elapsed without the State modifying the State plan to address populations at the full distance sought by the local government through the petition. "(C) The local government has submitted its local plan under paragraph (1)(A) to the State, and the State has approved the plan and certified that the plan is not inconsistent with the State emergency plan. "(c) Guidelines. - Not later than one year after the date of the enactment of this Act [June 12, 2002], the President, in consultation with individuals representing appropriate Federal, State, and local agencies, shall establish guidelines for the stockpiling of potassium iodide tablets, and for the distribution and utilization of potassium iodide tablets in the event of a nuclear incident. Such tablets may not be made available under subsection (a) until such guidelines have been established. "(d) Information. - The President shall carry out activities to inform State and local governments of the program under this section. "(e) Reports. - "(1) President. - Not later than six months after the date on which the guidelines under subsection (c) are issued, the President shall submit to the Congress a report - "(A) on whether potassium iodide tablets have been made available under subsection (a) or other Federal, State, or local programs, and the extent to which State and local governments have established stockpiles of such tablets; and "(B) the measures taken by the President to implement this section. "(2) National academy of sciences. - "(A) In general. - The President shall request the National Academy of Sciences to enter into an agreement with the President under which the Academy conducts a study to determine what is the most effective and safe way to distribute and administer potassium iodide tablets on a mass scale. If the Academy declines to conduct the study, the President shall enter into an agreement with another appropriate public or nonprofit private entity to conduct the study. "(B) Report. - The President shall ensure that, not later than six months after the date of the enactment of this Act [June 12, 2002], the study required in subparagraph (A) is completed and a report describing the findings made in the study is submitted to the Congress. "(f) Applicability. - Subsections (a) and (d) cease to apply as requirements if the President determines that there is an alternative and more effective prophylaxis or preventive measures for adverse thyroid conditions that may result from the release of radionuclides from nuclear power plants." [Memorandum of President of the United States, July 3, 2007, 72 F.R. 37627, provided: [Memorandum for the Secretary of Health and Human Services[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Chairman of the Nuclear Regulatory Commission[, and] the Director of the Office of Science and Technology Policy [By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, and section 204(b) of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as amended (42 U.S.C. 6613(b)), the functions of the President under section 127 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188) (42 U.S.C. 247d-6b note) are assigned as follows: [(1) the function of making a determination under subsection 127(f) of Public Law 107-188 is assigned to the Director of the Office of Science and Technology Policy; and [(2) the functions of the President under section 127 of Public Law 107-188 other than that assigned under subsection 127(f) are assigned to the Chairman of the Nuclear Regulatory Commission. [In the performance of such functions the Chairman and the Director should consult each other and the Secretaries of Health and Human Services, Energy, and Homeland Security, as appropriate. [The Director is authorized and directed to publish this memorandum in the Federal Register.] -EXEC- DESIGNATION AND AUTHORIZATION TO PERFORM FUNCTIONS UNDER SECTION 319F-2 OF THE PUBLIC HEALTH SERVICE ACT Memorandum of President of the United States, Oct. 21, 2004, 69 F.R. 70349, provided: Memorandum for the Director of the Office of Management and Budget By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby direct you to perform the functions vested in the President under section 319F-2(c)(6) of the Public Health Service Act, 42 U.S.C. 247d-6b(c)(6). Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Federal Register. George W. Bush. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 247d-6c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-6c. Reports regarding authorities under this Act -STATUTE- (a) Secretary of Health and Human Services (1) Annual reports on particular exercises of authority (A) Relevant authorities The Secretary of Health and Human Services (referred to in this subsection as the "Secretary") shall submit reports in accordance with subparagraph (B) regarding the exercise of authority under the following provisions of law: (i) With respect to section 247d-6a of this title: (I) Subsection (b)(1) (relating to increased simplified acquisition threshold). (II) Subsection (b)(2) (relating to procedures other than full and open competition). (III) Subsection (c) (relating to expedited peer review procedures). (ii) With respect to section 247d-6b of this title: (I) Subsection (c)(7)(C)(iii) (relating to simplified acquisition procedures). (II) Subsection (c)(7)(C)(iv) (relating to procedures other than full and open competition). (III) Subsection (c)(7)(C)(v) (relating to premium provision in multiple-award contracts). (iii) With respect to section 360bbb-3 of title 21: (I) Subsection (a)(1) (relating to emergency uses of certain drugs and devices). (II) Subsection (b)(1) (relating to a declaration of an emergency). (III) Subsection (e) (relating to conditions on authorization). (B) Contents of reports The Secretary shall annually submit to the designated congressional committees a report that summarizes - (i) the particular actions that were taken under the authorities specified in subparagraph (A), including, as applicable, the identification of the threat agent, emergency, or the biomedical countermeasure with respect to which the authority was used; (ii) the reasons underlying the decision to use such authorities, including, as applicable, the options that were considered and rejected with respect to the use of such authorities; (iii) the number of, nature of, and other information concerning the persons and entities that received a grant, cooperative agreement, or contract pursuant to the use of such authorities, and the persons and entities that were considered and rejected for such a grant, cooperative agreement, or contract, except that the report need not disclose the identity of any such person or entity; and (iv) whether, with respect to each procurement that is approved by the President under section 247d-6b(c)(6) of this title, a contract was entered into within one year after such approval by the President. (2) Annual summaries regarding certain activity The Secretary shall annually submit to the designated congressional committees a report that summarizes the activity undertaken pursuant to the following authorities under section 247d-6a of this title: (A) Subsection (b)(3) (relating to increased micropurchase threshold). (B) Subsection (d) (relating to authority for personal services contracts). (C) Subsection (e) (relating to streamlined personnel authority). With respect to subparagraph (B), the report shall include a provision specifying, for the one-year period for which the report is submitted, the number of persons who were paid amounts greater than $100,000 and the number of persons who were paid amounts between $50,000 and $100,000. (3) Report on additional barriers to procurement of security countermeasures Not later than one year after July 21, 2004, the Secretary, in consultation with the Secretary of Homeland Security, shall report to the designated congressional committees any potential barriers to the procurement of security countermeasures that have not been addressed by this Act. (b) Government Accountability Office review (1) In general Four years after July 21, 2004, the Comptroller General of the United States shall initiate a study - (A)(i) to review the Secretary of Health and Human Services' utilization of the authorities granted under this Act with respect to simplified acquisition procedures, procedures other than full and open competition, increased micropurchase thresholds, personal services contracts, streamlined personnel authority, and the purchase of security countermeasures under the special reserve fund; and (ii) to make recommendations to improve the utilization or effectiveness of such authorities in the future; (B)(i) to review and assess the adequacy of the internal controls instituted by such Secretary with respect to such authorities, where required by this Act; and (ii) to make recommendations to improve the effectiveness of such controls; (C)(i) to review such Secretary's utilization of the authority granted under this Act to authorize an emergency use of a biomedical countermeasure, including the means by which the Secretary determines whether and under what conditions any such authorizations should be granted and the benefits and adverse impacts, if any, resulting from the use of such authority; and (ii) to make recommendations to improve the utilization or effectiveness of such authority and to enhance protection of the public health; (D) to identify any purchases or procurements that would not have been made or would have been significantly delayed except for the authorities described in subparagraph (A)(i); and (E)(i) to determine whether and to what extent activities undertaken pursuant to the biomedical countermeasure research and development authorities established in this Act have enhanced the development of biomedical countermeasures affecting national security; and (ii) to make recommendations to improve the ability of the Secretary to carry out these activities in the future. (2) Additional provisions regarding determination on development of biomedical countermeasures affecting national security In the report under paragraph (1), the determination under subparagraph (E) of such paragraph shall include - (A) the Comptroller General's assessment of the current availability of countermeasures to address threats identified by the Secretary of Homeland Security; (B) the Comptroller General's assessment of the extent to which programs and activities under this Act will reduce any gap between the threat and the availability of countermeasures to an acceptable level of risk; and (C)(i) the Comptroller General's assessment of threats to national security that are posed by technology that will enable, during the 10-year period beginning on July 21, 2004, the development of antibiotic resistant, mutated, or bioengineered strains of biological agents; and (ii) recommendations on short-term and long-term governmental strategies for addressing such threats, including recommendations for Federal policies regarding research priorities, the development of countermeasures, and investments in technology. (3) Report A report providing the results of the study under paragraph (1) shall be submitted to the designated congressional committees not later than five years after July 21, 2004. (c) Report regarding biocontainment facilities Not later than 120 days after July 21, 2004, the Secretary of Homeland Security and the Secretary of Health and Human Services shall jointly report to the designated congressional committees whether there is a lack of adequate large-scale biocontainment facilities necessary for the testing of security countermeasures in accordance with Food and Drug Administration requirements. (d) Designated congressional committees For purposes of this section, the term "designated congressional committees" means the following committees of the Congress: (1) In the House of Representatives: the Committee on Energy and Commerce, the Committee on Appropriations, the Committee on Government Reform, and the Select Committee on Homeland Security (or any successor to the Select Committee). (2) In the Senate: the appropriate committees. -SOURCE- (Pub. L. 108-276, Sec. 5, July 21, 2004, 118 Stat. 860.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a)(3) and (b)(1), (2)(B), is Pub. L. 108-276, July 21, 2004, 118 Stat. 835, known as the Project BioShield Act of 2004. For complete classification of this Act to the Code, see Short Title of 2004 Amendments note set out under section 201 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Project BioShield Act of 2004, and not as part of the Public Health Service Act which comprises this chapter. -CHANGE- CHANGE OF NAME Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. -End- -CITE- 42 USC Sec. 247d-6d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-6d. Targeted liability protections for pandemic and epidemic products and security countermeasures -STATUTE- (a) Liability protections (1) In general Subject to the other provisions of this section, a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) of this section has been issued with respect to such countermeasure. (2) Scope of claims for loss (A) Loss For purposes of this section, the term "loss" means any type of loss, including - (i) death; (ii) physical, mental, or emotional injury, illness, disability, or condition; (iii) fear of physical, mental, or emotional injury, illness, disability, or condition, including any need for medical monitoring; and (iv) loss of or damage to property, including business interruption loss. Each of clauses (i) through (iv) applies without regard to the date of the occurrence, presentation, or discovery of the loss described in the clause. (B) Scope The immunity under paragraph (1) applies to any claim for loss that has a causal relationship with the administration to or use by an individual of a covered countermeasure, including a causal relationship with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use of such countermeasure. (3) Certain conditions Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if - (A) the countermeasure was administered or used during the effective period of the declaration that was issued under subsection (b) of this section with respect to the countermeasure; (B) the countermeasure was administered or used for the category or categories of diseases, health conditions, or threats to health specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the countermeasure, the countermeasure was administered to or used by an individual who - (i) was in a population specified by the declaration; and (ii) was at the time of administration physically present in a geographic area specified by the declaration or had a connection to such area specified in the declaration. (4) Applicability of certain conditions With respect to immunity under paragraph (1) and subject to the other provisions of this section: (A) In the case of a covered person who is a manufacturer or distributor of the covered countermeasure involved, the immunity applies without regard to whether such countermeasure was administered to or used by an individual in accordance with the conditions described in paragraph (3)(C). (B) In the case of a covered person who is a program planner or qualified person with respect to the administration or use of the covered countermeasure, the scope of immunity includes circumstances in which the countermeasure was administered to or used by an individual in circumstances in which the covered person reasonably could have believed that the countermeasure was administered or used in accordance with the conditions described in paragraph (3)(C). (5) Effect of distribution method The provisions of this section apply to a covered countermeasure regardless of whether such countermeasure is obtained by donation, commercial sale, or any other means of distribution, except to the extent that, under paragraph (2)(E) of subsection (b) of this section, the declaration under such subsection provides that subsection (a) of this section applies only to covered countermeasures obtained through a particular means of distribution. (6) Rebuttable presumption For purposes of paragraph (1), there shall be a rebuttable presumption that any administration or use, during the effective period of the emergency declaration by the Secretary under subsection (b) of this section, of a covered countermeasure shall have been for the category or categories of diseases, health conditions, or threats to health with respect to which such declaration was issued. (b) Declaration by Secretary (1) Authority to issue declaration Subject to paragraph (2), if the Secretary makes a determination that a disease or other health condition or other threat to health constitutes a public health emergency, or that there is a credible risk that the disease, condition, or threat may in the future constitute such an emergency, the Secretary may make a declaration, through publication in the Federal Register, recommending, under conditions as the Secretary may specify, the manufacture, testing, development, distribution, administration, or use of one or more covered countermeasures, and stating that subsection (a) of this section is in effect with respect to the activities so recommended. (2) Contents In issuing a declaration under paragraph (1), the Secretary shall identify, for each covered countermeasure specified in the declaration - (A) the category or categories of diseases, health conditions, or threats to health for which the Secretary recommends the administration or use of the countermeasure; (B) the period or periods during which, including as modified by paragraph (3), subsection (a) of this section is in effect, which period or periods may be designated by dates, or by milestones or other description of events, including factors specified in paragraph (6); (C) the population or populations of individuals for which subsection (a) of this section is in effect with respect to the administration or use of the countermeasure (which may be a specification that such subsection applies without geographic limitation to all individuals); (D) the geographic area or areas for which subsection (a) of this section is in effect with respect to the administration or use of the countermeasure (which may be a specification that such subsection applies without geographic limitation), including, with respect to individuals in the populations identified under subparagraph (C), a specification, as determined appropriate by the Secretary, of whether the declaration applies only to individuals physically present in such areas or whether in addition the declaration applies to individuals who have a connection to such areas, which connection is described in the declaration; and (E) whether subsection (a) of this section is effective only to a particular means of distribution as provided in subsection (a)(5) of this section for obtaining the countermeasure, and if so, the particular means to which such subsection is effective. (3) Effective period of declaration (A) Flexibility of period The Secretary may, in describing periods under paragraph (2)(B), have different periods for different covered persons to address different logistical, practical or other differences in responsibilities. (B) Additional time to be specified In each declaration under paragraph (1), the Secretary, after consulting, to the extent the Secretary deems appropriate, with the manufacturer of the covered countermeasure, shall also specify a date that is after the ending date specified under paragraph (2)(B) and that allows what the Secretary determines is - (i) a reasonable period for the manufacturer to arrange for disposition of the covered countermeasure, including the return of such product to the manufacturer; and (ii) a reasonable period for covered persons to take such other actions as may be appropriate to limit administration or use of the covered countermeasure. (C) Additional period for certain strategic national stockpile countermeasures With respect to a covered countermeasure that is in the stockpile under section 247d-6b of this title, if such countermeasure was the subject of a declaration under paragraph (1) at the time that it was obtained for the stockpile, the effective period of such declaration shall include a period when the countermeasure is administered or used pursuant to a distribution or release from the stockpile. (4) Amendments to declaration The Secretary may through publication in the Federal Register amend any portion of a declaration under paragraph (1). Such an amendment shall not retroactively limit the applicability of subsection (a) of this section with respect to the administration or use of the covered countermeasure involved. (5) Certain disclosures In publishing a declaration under paragraph (1) in the Federal Register, the Secretary is not required to disclose any matter described in section 552(b) of title 5. (6) Factors to be considered In deciding whether and under what circumstances or conditions to issue a declaration under paragraph (1) with respect to a covered countermeasure, the Secretary shall consider the desirability of encouraging the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, and use of such countermeasure. (7) Judicial review No court of the United States, or of any State, shall have subject matter jurisdiction to review, whether by mandamus or otherwise, any action by the Secretary under this subsection. (8) Preemption of State law During the effective period of a declaration under subsection (b) of this section, or at any time with respect to conduct undertaken in accordance with such declaration, no State or political subdivision of a State may establish, enforce, or continue in effect with respect to a covered countermeasure any provision of law or legal requirement that - (A) is different from, or is in conflict with, any requirement applicable under this section; and (B) relates to the design, development, clinical testing or investigation, formulation, manufacture, distribution, sale, donation, purchase, marketing, promotion, packaging, labeling, licensing, use, any other aspect of safety or efficacy, or the prescribing, dispensing, or administration by qualified persons of the covered countermeasure, or to any matter included in a requirement applicable to the covered countermeasure under this section or any other provision of this chapter, or under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. (9) Report to Congress Within 30 days after making a declaration under paragraph (1), the Secretary shall submit to the appropriate committees of the Congress a report that provides an explanation of the reasons for issuing the declaration and the reasons underlying the determinations of the Secretary with respect to paragraph (2). Within 30 days after making an amendment under paragraph (4), the Secretary shall submit to such committees a report that provides the reasons underlying the determination of the Secretary to make the amendment. (c) Definition of willful misconduct (1) Definition (A) In general Except as the meaning of such term is further restricted pursuant to paragraph (2), the term "willful misconduct" shall, for purposes of subsection (d) of this section, denote an act or omission that is taken - (i) intentionally to achieve a wrongful purpose; (ii) knowingly without legal or factual justification; and (iii) in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit. (B) Rule of construction The criterion stated in subparagraph (A) shall be construed as establishing a standard for liability that is more stringent than a standard of negligence in any form or recklessness. (2) Authority to promulgate regulatory definition (A) In general The Secretary, in consultation with the Attorney General, shall promulgate regulations, which may be promulgated through interim final rules, that further restrict the scope of actions or omissions by a covered person that may qualify as "willful misconduct" for purposes of subsection (d) of this section. (B) Factors to be considered In promulgating the regulations under this paragraph, the Secretary, in consultation with the Attorney General, shall consider the need to define the scope of permissible civil actions under subsection (d) of this section in a way that will not adversely affect the public health. (C) Temporal scope of regulations The regulations under this paragraph may specify the temporal effect that they shall be given for purposes of subsection (d) of this section. (D) Initial rulemaking Within 180 days after December 30, 2005, the Secretary, in consultation with the Attorney General, shall commence and complete an initial rulemaking process under this paragraph. (3) Proof of willful misconduct In an action under subsection (d) of this section, the plaintiff shall have the burden of proving by clear and convincing evidence willful misconduct by each covered person sued and that such willful misconduct caused death or serious physical injury. (4) Defense for acts or omissions taken pursuant to Secretary's declaration Notwithstanding any other provision of law, a program planner or qualified person shall not have engaged in "willful misconduct" as a matter of law where such program planner or qualified person acted consistent with applicable directions, guidelines, or recommendations by the Secretary regarding the administration or use of a covered countermeasure that is specified in the declaration under subsection (b) of this section, provided either the Secretary, or a State or local health authority, was provided with notice of information regarding serious physical injury or death from the administration or use of a covered countermeasure that is material to the plaintiff's alleged loss within 7 days of the actual discovery of such information by such program planner or qualified person. (5) Exclusion for regulated activity of manufacturer or distributor (A) In general If an act or omission by a manufacturer or distributor with respect to a covered countermeasure, which act or omission is alleged under subsection (e)(3)(A) of this section to constitute willful misconduct, is subject to regulation by this chapter or by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], such act or omission shall not constitute "willful misconduct" for purposes of subsection (d) of this section if - (i) neither the Secretary nor the Attorney General has initiated an enforcement action with respect to such act or omission; or (ii) such an enforcement action has been initiated and the action has been terminated or finally resolved without a covered remedy. Any action or proceeding under subsection (d) of this section shall be stayed during the pendency of such an enforcement action. (B) Definitions For purposes of this paragraph, the following terms have the following meanings: (i) Enforcement action The term "enforcement action" means a criminal prosecution, an action seeking an injunction, a seizure action, a civil monetary proceeding based on willful misconduct, a mandatory recall of a product because voluntary recall was refused, a proceeding to compel repair or replacement of a product, a termination of an exemption under section 505(i) or 520(g) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355(i), 360j(g)], a debarment proceeding, an investigator disqualification proceeding where an investigator is an employee or agent of the manufacturer, a revocation, based on willful misconduct, of an authorization under section 564 of such Act [21 U.S.C. 360bbb-3], or a suspension or withdrawal, based on willful misconduct, of an approval or clearance under chapter V of such Act [21 U.S.C. 351 et seq.] or of a licensure under section 262 of this title. (ii) Covered remedy The term "covered remedy" means an outcome - (I) that is a criminal conviction, an injunction, or a condemnation, a civil monetary payment, a product recall, a repair or replacement of a product, a termination of an exemption under section 505(i) or 520(g) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355(i), 360j(g)], a debarment, an investigator disqualification, a revocation of an authorization under section 564 of such Act [21 U.S.C. 360bbb-3], or a suspension or withdrawal of an approval or clearance under chapter 5 (!1) of such Act or of a licensure under section 262 of this title; and (II) that results from a final determination by a court or from a final agency action. (iii) Final The terms "final" and "finally" - (I) with respect to a court determination, or to a final resolution of an enforcement action that is a court determination, mean a judgment from which an appeal of right cannot be taken or a voluntary or stipulated dismissal; and (II) with respect to an agency action, or to a final resolution of an enforcement action that is an agency action, mean an order that is not subject to further review within the agency and that has not been reversed, vacated, enjoined, or otherwise nullified by a final court determination or a voluntary or stipulated dismissal. (C) Rules of construction (i) In general Nothing in this paragraph shall be construed - (I) to affect the interpretation of any provision of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], of this chapter, or of any other applicable statute or regulation; or (II) to impair, delay, alter, or affect the authority, including the enforcement discretion, of the United States, of the Secretary, of the Attorney General, or of any other official with respect to any administrative or court proceeding under this chapter, under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], under title 18, or under any other applicable statute or regulation. (ii) Mandatory recalls A mandatory recall called for in the declaration is not a Food and Drug Administration enforcement action. (d) Exception to immunity of covered persons (1) In general Subject to subsection (f) of this section, the sole exception to the immunity from suit and liability of covered persons set forth in subsection (a) of this section shall be for an exclusive Federal cause of action against a covered person for death or serious physical injury proximately caused by willful misconduct, as defined pursuant to subsection (c) of this section, by such covered person. For purposes of section 2679(b)(2)(B) of title 28, such a cause of action is not an action brought for violation of a statute of the United States under which an action against an individual is otherwise authorized. (2) Persons who can sue An action under this subsection may be brought for wrongful death or serious physical injury by any person who suffers such injury or by any representative of such a person. (e) Procedures for suit (1) Exclusive Federal jurisdiction Any action under subsection (d) of this section shall be filed and maintained only in the United States District Court for the District of Columbia. (2) Governing law The substantive law for decision in an action under subsection (d) of this section shall be derived from the law, including choice of law principles, of the State in which the alleged willful misconduct occurred, unless such law is inconsistent with or preempted by Federal law, including provisions of this section. (3) Pleading with particularity In an action under subsection (d) of this section, the complaint shall plead with particularity each element of the plaintiff's claim, including - (A) each act or omission, by each covered person sued, that is alleged to constitute willful misconduct relating to the covered countermeasure administered to or used by the person on whose behalf the complaint was filed; (B) facts supporting the allegation that such alleged willful misconduct proximately caused the injury claimed; and (C) facts supporting the allegation that the person on whose behalf the complaint was filed suffered death or serious physical injury. (4) Verification, certification, and medical records (A) In general In an action under subsection (d) of this section, the plaintiff shall verify the complaint in the manner stated in subparagraph (B) and shall file with the complaint the materials described in subparagraph (C). A complaint that does not substantially comply with subparagraphs (B) and (C) shall not be accepted for filing and shall not stop the running of the statute of limitations. (B) Verification requirement (i) In general The complaint shall include a verification, made by affidavit of the plaintiff under oath, stating that the pleading is true to the knowledge of the deponent, except as to matters specifically identified as being alleged on information and belief, and that as to those matters the plaintiff believes it to be true. (ii) Identification of matters alleged upon information and belief Any matter that is not specifically identified as being alleged upon the information and belief of the plaintiff, shall be regarded for all purposes, including a criminal prosecution, as having been made upon the knowledge of the plaintiff. (C) Materials required In an action under subsection (d) of this section, the plaintiff shall file with the complaint - (i) an affidavit, by a physician who did not treat the person on whose behalf the complaint was filed, certifying, and explaining the basis for such physician's belief, that such person suffered the serious physical injury or death alleged in the complaint and that such injury or death was proximately caused by the administration or use of a covered countermeasure; and (ii) certified medical records documenting such injury or death and such proximate causal connection. (5) Three-judge court Any action under subsection (d) of this section shall be assigned initially to a panel of three judges. Such panel shall have jurisdiction over such action for purposes of considering motions to dismiss, motions for summary judgment, and matters related thereto. If such panel has denied such motions, or if the time for filing such motions has expired, such panel shall refer the action to the chief judge for assignment for further proceedings, including any trial. Section 1253 of title 28 and paragraph (3) of subsection (b) of section 2284 of title 28 shall not apply to actions under subsection (d) of this section. (6) Civil discovery (A) Timing In an action under subsection (d) of this section, no discovery shall be allowed - (i) before each covered person sued has had a reasonable opportunity to file a motion to dismiss; (ii) in the event such a motion is filed, before the court has ruled on such motion; and (iii) in the event a covered person files an interlocutory appeal from the denial of such a motion, before the court of appeals has ruled on such appeal. (B) Standard Notwithstanding any other provision of law, the court in an action under subsection (d) of this section shall permit discovery only with respect to matters directly related to material issues contested in such action, and the court shall compel a response to a discovery request (including a request for admission, an interrogatory, a request for production of documents, or any other form of discovery request) under Rule 37, Federal Rules of Civil Procedure, only if the court finds that the requesting party needs the information sought to prove or defend as to a material issue contested in such action and that the likely benefits of a response to such request equal or exceed the burden or cost for the responding party of providing such response. (7) Reduction in award of damages for collateral source benefits (A) In general In an action under subsection (d) of this section, the amount of an award of damages that would otherwise be made to a plaintiff shall be reduced by the amount of collateral source benefits to such plaintiff. (B) Provider of collateral source benefits not to have lien or subrogation No provider of collateral source benefits shall recover any amount against the plaintiff or receive any lien or credit against the plaintiff's recovery or be equitably or legally subrogated to the right of the plaintiff in an action under subsection (d) of this section. (C) Collateral source benefit defined For purposes of this paragraph, the term "collateral source benefit" means any amount paid or to be paid in the future to or on behalf of the plaintiff, or any service, product, or other benefit provided or to be provided in the future to or on behalf of the plaintiff, as a result of the injury or wrongful death, pursuant to - (i) any State or Federal health, sickness, income- disability, accident, or workers' compensation law; (ii) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (iii) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; or (iv) any other publicly or privately funded program. (8) Noneconomic damages In an action under subsection (d) of this section, any noneconomic damages may be awarded only in an amount directly proportional to the percentage of responsibility of a defendant for the harm to the plaintiff. For purposes of this paragraph, the term "noneconomic damages" means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses. (9) Rule 11 sanctions Whenever a district court of the United States determines that there has been a violation of Rule 11 of the Federal Rules of Civil Procedure in an action under subsection (d) of this section, the court shall impose upon the attorney, law firm, or parties that have violated Rule 11 or are responsible for the violation, an appropriate sanction, which may include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee. Such sanction shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the party or parties injured by such conduct. (10) Interlocutory appeal The United States Court of Appeals for the District of Columbia Circuit shall have jurisdiction of an interlocutory appeal by a covered person taken within 30 days of an order denying a motion to dismiss or a motion for summary judgment based on an assertion of the immunity from suit conferred by subsection (a) of this section or based on an assertion of the exclusion under subsection (c)(5) of this section. (f) Actions by and against the United States Nothing in this section shall be construed to abrogate or limit any right, remedy, or authority that the United States or any agency thereof may possess under any other provision of law or to waive sovereign immunity or to abrogate or limit any defense or protection available to the United States or its agencies, instrumentalities, officers, or employees under any other law, including any provision of chapter 171 of title 28 (relating to tort claims procedure). (g) Severability If any provision of this section, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section and the application of such remainder to any person or circumstance shall not be affected thereby. (h) Rule of construction concerning National Vaccine Injury Compensation Program Nothing in this section, or any amendment made by the Public Readiness and Emergency Preparedness Act, shall be construed to affect the National Vaccine Injury Compensation Program under subchapter XIX of this chapter. (i) Definitions In this section: (1) Covered countermeasure The term "covered countermeasure" means - (A) a qualified pandemic or epidemic product (as defined in paragraph (7)); (B) a security countermeasure (as defined in section 247d- 6b(c)(1)(B) of this title); or (C) a drug (as such term is defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)), biological product (as such term is defined by section 262(i) of this title), or device (as such term is defined by section 201(h) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321(h)) that is authorized for emergency use in accordance with section 564 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360bbb-3]. (2) Covered person The term "covered person", when used with respect to the administration or use of a covered countermeasure, means - (A) the United States; or (B) a person or entity that is - (i) a manufacturer of such countermeasure; (ii) a distributor of such countermeasure; (iii) a program planner of such countermeasure; (iv) a qualified person who prescribed, administered, or dispensed such countermeasure; or (v) an official, agent, or employee of a person or entity described in clause (i), (ii), (iii), or (iv). (3) Distributor The term "distributor" means a person or entity engaged in the distribution of drugs, biologics, or devices, including but not limited to manufacturers; repackers; common carriers; contract carriers; air carriers; own-label distributors; private-label distributors; jobbers; brokers; warehouses, and wholesale drug warehouses; independent wholesale drug traders; and retail pharmacies. (4) Manufacturer The term "manufacturer" includes - (A) a contractor or subcontractor of a manufacturer; (B) a supplier or licenser of any product, intellectual property, service, research tool, or component or other article used in the design, development, clinical testing, investigation, or manufacturing of a covered countermeasure; and (C) any or all of the parents, subsidiaries, affiliates, successors, and assigns of a manufacturer. (5) Person The term "person" includes an individual, partnership, corporation, association, entity, or public or private corporation, including a Federal, State, or local government agency or department. (6) Program planner The term "program planner" means a State or local government, including an Indian tribe, a person employed by the State or local government, or other person who supervised or administered a program with respect to the administration, dispensing, distribution, provision, or use of a security countermeasure or a qualified pandemic or epidemic product, including a person who has established requirements, provided policy guidance, or supplied technical or scientific advice or assistance or provides a facility to administer or use a covered countermeasure in accordance with a declaration under subsection (b) of this section. (7) Qualified pandemic or epidemic product The term "qualified pandemic or epidemic product" means a drug (as such term is defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)),(!2) biological product (as such term is defined by section 262(i) of this title), or device (as such term is defined by section 201(h) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321(h)) (!2) that is - (A)(i) a product manufactured, used, designed, developed, modified, licensed, or procured - (I) to diagnose, mitigate, prevent, treat, or cure a pandemic or epidemic; or (II) to limit the harm such pandemic or epidemic might otherwise cause; or (ii) a product manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate, prevent, treat, or cure a serious or life-threatening disease or condition caused by a product described in clause (i); and (B)(i) approved or cleared under chapter V of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 351 et seq.] or licensed under section 262 of this title; (ii) the object of research for possible use as described by subparagraph (A) and is the subject of an exemption under section 505(i) or 520(g) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355(i), 360j(g)]; or (iii) authorized for emergency use in accordance with section 564 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360bbb-3]. (8) Qualified person The term "qualified person", when used with respect to the administration or use of a covered countermeasure, means - (A) a licensed health professional or other individual who is authorized to prescribe, administer, or dispense such countermeasures under the law of the State in which the countermeasure was prescribed, administered, or dispensed; or (B) a person within a category of persons so identified in a declaration by the Secretary under subsection (b) of this section. (9) Security countermeasure The term "security countermeasure" has the meaning given such term in section 247d-6b(c)(1)(B) of this title. (10) Serious physical injury The term "serious physical injury" means an injury that - (A) is life threatening; (B) results in permanent impairment of a body function or permanent damage to a body structure; or (C) necessitates medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319F-3, as added Pub. L. 109-148, div. C, Sec. 2, Dec. 30, 2005, 119 Stat. 2818.) -REFTEXT- REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (b)(8)(B), (c)(5)(A), (B)(i), (ii)(I), (C)(i), and (i)(7)(B)(i), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Food and Drugs. Chapter V of the Act is classified generally to subchapter V (Sec. 351 et seq.) of chapter 9 of Title 21. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. The Federal Rules of Civil Procedure, referred to in subsec. (e)(6)(B), (9), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Public Readiness and Emergency Preparedness Act, referred to in subsec. (h), is div. C of Pub. L. 109-148, Dec. 30, 2005, 119 Stat. 2818, which enacted this section, section 247d-6e of this title, and provisions set out as a note under section 201 of this title. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 201 of this title and Tables. -FOOTNOTE- (!1) So in original. Probably should be chapter "V". (!2) So in original. A third closing parenthesis probably should appear. -End- -CITE- 42 USC Sec. 247d-6e 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-6e. Covered countermeasure process -STATUTE- (a) Establishment of Fund Upon the issuance by the Secretary of a declaration under section 247d-6d(b) of this title, there is hereby established in the Treasury an emergency fund designated as the "Covered Countermeasure Process Fund" for purposes of providing timely, uniform, and adequate compensation to eligible individuals for covered injuries directly caused by the administration or use of a covered countermeasure pursuant to such declaration, which Fund shall consist of such amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress, this emergency designation shall remain in effect through October 1, 2006. (b) Payment of compensation (1) In general If the Secretary issues a declaration under 247d-6d(b) of this title, the Secretary shall, after amounts have by law been provided for the Fund under subsection (a) of this section, provide compensation to an eligible individual for a covered injury directly caused by the administration or use of a covered countermeasure pursuant to such declaration. (2) Elements of compensation The compensation that shall be provided pursuant to paragraph (1) shall have the same elements, and be in the same amount, as is prescribed by sections 239c, 239d, and 239e of this title in the case of certain individuals injured as a result of administration of certain countermeasures against smallpox, except that section 239e(a)(2)(B) of this title shall not apply. (3) Rule of construction Neither reasonable and necessary medical benefits nor lifetime total benefits for lost employment income due to permanent and total disability shall be limited by section 239e of this title. (4) Determination of eligibility and compensation Except as provided in this section, the procedures for determining, and for reviewing a determination of, whether an individual is an eligible individual, whether such individual has sustained a covered injury, whether compensation may be available under this section, and the amount of such compensation shall be those stated in section 239a of this title (other than in subsection (d)(2) of such section), in regulations issued pursuant to that section, and in such additional or alternate regulations as the Secretary may promulgate for purposes of this section. In making determinations under this section, other than those described in paragraph (5)(A) as to the direct causation of a covered injury, the Secretary may only make such determination based on compelling, reliable, valid, medical and scientific evidence. (5) Covered countermeasure injury table (A) In general The Secretary shall by regulation establish a table identifying covered injuries that shall be presumed to be directly caused by the administration or use of a covered countermeasure and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply. The Secretary may only identify such covered injuries, for purpose of inclusion on the table, where the Secretary determines, based on compelling, reliable, valid, medical and scientific evidence that administration or use of the covered countermeasure directly caused such covered injury. (B) Amendments The provisions of section 239b of this title (other than a provision of subsection (a)(2) of such section that relates to accidental vaccinia inoculation) shall apply to the table established under this section. (C) Judicial review No court of the United States, or of any State, shall have subject matter jurisdiction to review, whether by mandamus or otherwise, any action by the Secretary under this paragraph. (6) Meanings of terms In applying sections 239a, 239b, 239c, 239d, and 239e of this title for purposes of this section - (A) the terms "vaccine" and "smallpox vaccine" shall be deemed to mean a covered countermeasure; (B) the terms "smallpox vaccine injury table" and "table established under section 239b of this title" shall be deemed to refer to the table established under paragraph (4); and (C) other terms used in those sections shall have the meanings given to such terms by this section. (c) Voluntary program The Secretary shall ensure that a State, local, or Department of Health and Human Services plan to administer or use a covered countermeasure is consistent with any declaration under 247d-6d of this title and any applicable guidelines of the Centers for Disease Control and Prevention and that potential participants are educated with respect to contraindications, the voluntary nature of the program, and the availability of potential benefits and compensation under this part. (d) Exhaustion; exclusivity; election (1) Exhaustion Subject to paragraph (5), a covered individual may not bring a civil action under section 247d-6d(d) of this title against a covered person (as such term is defined in section 247d-6d(i)(2) of this title) unless such individual has exhausted such remedies as are available under subsection (a) of this section, except that if amounts have not by law been provided for the Fund under subsection (a) of this section, or if the Secretary fails to make a final determination on a request for benefits or compensation filed in accordance with the requirements of this section within 240 days after such request was filed, the individual may seek any remedy that may be available under section 247d-6d(d) of this title. (2) Tolling of statute of limitations The time limit for filing a civil action under section 247d- 6d(d) of this title for an injury or death shall be tolled during the pendency of a claim for compensation under subsection (a) of this section. (3) Rule of construction This section shall not be construed as superseding or otherwise affecting the application of a requirement, under chapter 171 of title 28, to exhaust administrative remedies. (4) Exclusivity The remedy provided by subsection (a) of this section shall be exclusive of any other civil action or proceeding for any claim or suit this section encompasses, except for a proceeding under section 247d-6d of this title. (5) Election If under subsection (a) of this section the Secretary determines that a covered individual qualifies for compensation, the individual has an election to accept the compensation or to bring an action under section 247d-6d(d) of this title. If such individual elects to accept the compensation, the individual may not bring such an action. (e) Definitions For purposes of this section, the following terms shall have the following meanings: (1) Covered countermeasure The term "covered countermeasure" has the meaning given such term in section 247d-6d of this title. (2) Covered individual The term "covered individual", with respect to administration or use of a covered countermeasure pursuant to a declaration, means an individual - (A) who is in a population specified in such declaration, and with respect to whom the administration or use of the covered countermeasure satisfies the other specifications of such declaration; or (B) who uses the covered countermeasure, or to whom the covered countermeasure is administered, in a good faith belief that the individual is in the category described by subparagraph (A). (3) Covered injury The term "covered injury" means serious physical injury or death. (4) Declaration The term "declaration" means a declaration under section 247d- 6d(b) of this title. (5) Eligible individual The term "eligible individual" means an individual who is determined, in accordance with subsection (b) of this section, to be a covered individual who sustains a covered injury. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319F-4, as added Pub. L. 109-148, div. C, Sec. 3, Dec. 30, 2005, 119 Stat. 2829.) -REFTEXT- REFERENCES IN TEXT H. Con. Res. 95 of the 109th Congress, referred to in subsec. (a), is H. Con. Res. 95, Apr. 28, 2005, 119 Stat. 3633, which is not classified to the Code. -End- -CITE- 42 USC Sec. 247d-7 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-7. Demonstration program to enhance bioterrorism training, coordination, and readiness -STATUTE- (a) In general The Secretary shall make grants to not more than three eligible entities to carry out demonstration programs to improve the detection of pathogens likely to be used in a bioterrorist attack, the development of plans and measures to respond to bioterrorist attacks, and the training of personnel involved with the various responsibilities and capabilities needed to respond to acts of bioterrorism upon the civilian population. Such awards shall be made on a competitive basis and pursuant to scientific and technical review. (b) Eligible entities Eligible entities for grants under subsection (a) of this section are States, political subdivisions of States, and public or private non-profit organizations. (c) Specific criteria In making grants under subsection (a) of this section, the Secretary shall take into account the following factors: (1) Whether the eligible entity involved is proximate to, and collaborates with, a major research university with expertise in scientific training, identification of biological agents, medicine, and life sciences. (2) Whether the entity is proximate to, and collaborates with, a laboratory that has expertise in the identification of biological agents. (3) Whether the entity demonstrates, in the application for the program, support and participation of State and local governments and research institutions in the conduct of the program. (4) Whether the entity is proximate to, and collaborates with, or is, an academic medical center that has the capacity to serve an uninsured or underserved population, and is equipped to educate medical personnel. (5) Such other factors as the Secretary determines to be appropriate. (d) Duration of award The period during which payments are made under a grant under subsection (a) of this section may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. (e) Supplement not supplant Grants under subsection (a) of this section shall be used to supplement, and not supplant, other Federal, State, or local public funds provided for the activities described in such subsection. (f) Government Accountability Office report Not later than 180 days after the conclusion of the demonstration programs carried out under subsection (a) of this section, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and the Committee on Commerce and the Committee on Appropriations of the House of Representatives, a report that describes the ability of grantees under such subsection to detect pathogens likely to be used in a bioterrorist attack, develop plans and measures for dealing with such threats, and train personnel involved with the various responsibilities and capabilities needed to deal with bioterrorist threats. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $6,000,000 for fiscal year 2001, and such sums as may be necessary through fiscal year 2006. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319G, as added Pub. L. 106- 505, title I, Sec. 102, Nov. 13, 2000, 114 Stat. 2323; amended Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- AMENDMENTS 2004 - Subsec. (f). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office" in heading. -CHANGE- CHANGE OF NAME Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. -End- -CITE- 42 USC Sec. 247d-7a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-7a. Grants regarding training and education of certain health professionals -STATUTE- (a) In general The Secretary may make awards of grants and cooperative agreements to appropriate public and nonprofit private health or educational entities, including health professions schools and programs as defined in section 295p of this title, for the purpose of providing low-interest loans, partial scholarships, partial fellowships, revolving loan funds, or other cost-sharing forms of assistance for the education and training of individuals in any category of health professions for which there is a shortage that the Secretary determines should be alleviated in order to prepare for or respond effectively to bioterrorism and other public health emergencies. (b) Authority regarding non-Federal contributions The Secretary may require as a condition of an award under subsection (a) of this section that a grantee under such subsection provide non-Federal contributions toward the purpose described in such subsection. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319H, as added Pub. L. 107- 188, title I, Sec. 106, June 12, 2002, 116 Stat. 607.) -End- -CITE- 42 USC Sec. 247d-7b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-7b. Emergency system for advance registration of health professions volunteers -STATUTE- (a) In general Not later than 12 months after December 19, 2006, the Secretary shall link existing State verification systems to maintain a single national interoperable network of systems, each system being maintained by a State or group of States, for the purpose of verifying the credentials and licenses of health care professionals who volunteer to provide health services during a public health emergency. (b) Requirements The interoperable network of systems established under subsection (a) (referred to in this section as the "verification network") shall include - (1) with respect to each volunteer health professional included in the verification network - (A) information necessary for the rapid identification of, and communication with, such professionals; and (B) the credentials, certifications, licenses, and relevant training of such individuals; and (2) the name of each member of the Medical Reserve Corps, the National Disaster Medical System, and any other relevant federally-sponsored or administered programs determined necessary by the Secretary. (c) Other assistance The Secretary may make grants and provide technical assistance to States and other public or nonprofit private entities for activities relating to the verification network developed under subsection (a) of this section. (d) Accessibility The Secretary shall ensure that the verification network is electronically accessible by State, local, and tribal health departments and can be linked with the identification cards under section 300hh-15 of this title. (e) Confidentiality The Secretary shall establish and require the application of and compliance with measures to ensure the effective security of, integrity of, and access to the data included in the verification network. (f) Coordination The Secretary shall coordinate with the Secretary of Veterans Affairs and the Secretary of Homeland Security to assess the feasibility of integrating the verification network under this section with the VetPro system of the Department of Veterans Affairs and the National Emergency Responder Credentialing System of the Department of Homeland Security. The Secretary shall, if feasible, integrate the verification network under this section with such VetPro system and the National Emergency Responder Credentialing System. (g) Updating of information The States that are participants in the verification network shall, on at least a quarterly basis, work with the Director to provide for the updating of the information contained in the verification network. (h) Clarification Inclusion of a health professional in the verification network shall not constitute appointment of such individual as a Federal employee for any purpose, either under section 300hh-11(c) of this title or otherwise. Such appointment may only be made under section 300hh-11 or 300hh-15 of this title. (i) Health care provider licenses The Secretary shall encourage States to establish and implement mechanisms to waive the application of licensing requirements applicable to health professionals, who are seeking to provide medical services (within their scope of practice), during a national, State, local, or tribal public health emergency upon verification that such health professionals are licensed and in good standing in another State and have not been disciplined by any State health licensing or disciplinary board. (j) Rule of construction This section may not be construed as authorizing the Secretary to issue requirements regarding the provision by the States of credentials, licenses, accreditations, or hospital privileges. (k) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2011. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319I, as added Pub. L. 107- 188, title I, Sec. 107, June 12, 2002, 116 Stat. 608; amended Pub. L. 109-417, title III, Sec. 303(b), Dec. 19, 2006, 120 Stat. 2857.) -MISC1- AMENDMENTS 2006 - Subsecs. (a), (b). Pub. L. 109-417, Sec. 303(b)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to establishment of a verification system and provisions regarding its promptness and efficiency. Subsec. (c). Pub. L. 109-417, Sec. 303(b)(3), substituted "network" for "system". Subsecs. (d) to (k). Pub. L. 109-417, Sec. 303(b)(1), (4), (5), added subsecs. (d) to (i), redesignated former subsecs. (e) and (f) as (j) and (k), respectively, substituted "2011" for "2006" in subsec. (k), and struck out heading and text of former subsec. (d). Text read as follows: "The Secretary may encourage each State to provide legal authority during a public health emergency for health professionals authorized in another State to provide certain health services to provide such health services in the State." -End- -CITE- 42 USC Sec. 247d-7c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-7c. Supplies and services in lieu of award funds -STATUTE- (a) In general Upon the request of a recipient of an award under any of sections 247d through 247d-7b of this title or section 247d-7d of this title, the Secretary may, subject to subsection (b) of this section, provide supplies, equipment, and services for the purpose of aiding the recipient in carrying out the purposes for which the award is made and, for such purposes, may detail to the recipient any officer or employee of the Department of Health and Human Services. (b) Corresponding reduction in payments With respect to a request described in subsection (a) of this section, the Secretary shall reduce the amount of payments under the award involved by an amount equal to the costs of detailing personnel and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319J, as added Pub. L. 107- 188, title I, Sec. 110, June 12, 2002, 116 Stat. 611.) -End- -CITE- 42 USC Sec. 247d-7d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-7d. Security for countermeasure development and production -STATUTE- (a) In general The Secretary, in consultation with the Attorney General and the Secretary of Defense, may provide technical or other assistance to provide security to persons or facilities that conduct development, production, distribution, or storage of priority countermeasures (as defined in section 247d-6(h)(4) of this title). (b) Guidelines The Secretary may develop guidelines to enable entities eligible to receive assistance under subsection (a) of this section to secure their facilities against potential terrorist attack. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319K, as added Pub. L. 107- 188, title I, Sec. 124, June 12, 2002, 116 Stat. 614.) -End- -CITE- 42 USC Sec. 247d-7e 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-7e. Biomedical Advanced Research and Development Authority -STATUTE- (a) Definitions In this section: (1) BARDA The term "BARDA" means the Biomedical Advanced Research and Development Authority. (2) Fund The term "Fund" means the Biodefense Medical Countermeasure Development Fund established under subsection (d). (3) Other transactions The term "other transactions" means transactions, other than procurement contracts, grants, and cooperative agreements, such as the Secretary of Defense may enter into under section 2371 of title 10. (4) Qualified countermeasure The term "qualified countermeasure" has the meaning given such term in section 247d-6a of this title. (5) Qualified pandemic or epidemic product The term "qualified pandemic or epidemic product" has the meaning given the term in section 247d-6d of this title. (6) Advanced research and development (A) In general The term "advanced research and development" means, with respect to a product that is or may become a qualified countermeasure or a qualified pandemic or epidemic product, activities that predominantly - (i) are conducted after basic research and preclinical development of the product; and (ii) are related to manufacturing the product on a commercial scale and in a form that satisfies the regulatory requirements under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] or under section 262 of this title. (B) Activities included The term under subparagraph (A) includes - (i) testing of the product to determine whether the product may be approved, cleared, or licensed under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] or under section 262 of this title for a use that is or may be the basis for such product becoming a qualified countermeasure or qualified pandemic or epidemic product, or to help obtain such approval, clearance, or license; (ii) design and development of tests or models, including animal models, for such testing; (iii) activities to facilitate manufacture of the product on a commercial scale with consistently high quality, as well as to improve and make available new technologies to increase manufacturing surge capacity; (iv) activities to improve the shelf-life of the product or technologies for administering the product; and (v) such other activities as are part of the advanced stages of testing, refinement, improvement, or preparation of the product for such use and as are specified by the Secretary. (7) Security countermeasure The term "security countermeasure" has the meaning given such term in section 247d-6b of this title. (8) Research tool The term "research tool" means a device, technology, biological material (including a cell line or an antibody), reagent, animal model, computer system, computer software, or analytical technique that is developed to assist in the discovery, development, or manufacture of qualified countermeasures or qualified pandemic or epidemic products. (9) Program manager The term "program manager" means an individual appointed to carry out functions under this section and authorized to provide project oversight and management of strategic initiatives. (10) Person The term "person" includes an individual, partnership, corporation, association, entity, or public or private corporation, and a Federal, State, or local government agency or department. (b) Strategic plan for countermeasure research, development, and procurement (1) In general Not later than 6 months after December 19, 2006, the Secretary shall develop and make public a strategic plan to integrate biodefense and emerging infectious disease requirements with the advanced research and development, strategic initiatives for innovation, and the procurement of qualified countermeasures and qualified pandemic or epidemic products. The Secretary shall carry out such activities as may be practicable to disseminate the information contained in such plan to persons who may have the capacity to substantially contribute to the activities described in such strategic plan. The Secretary shall update and incorporate such plan as part of the National Health Security Strategy described in section 300hh-1 of this title. (2) Content The strategic plan under paragraph (1) shall guide - (A) research and development, conducted or supported by the Department of Health and Human Services, of qualified countermeasures and qualified pandemic or epidemic products against possible biological, chemical, radiological, and nuclear agents and to emerging infectious diseases; (B) innovation in technologies that may assist advanced research and development of qualified countermeasures and qualified pandemic or epidemic products (such research and development referred to in this section as "countermeasure and product advanced research and development"); and (C) procurement of such qualified countermeasures and qualified pandemic or epidemic products by such Department. (c) Biomedical Advanced Research and Development Authority (1) Establishment There is established within the Department of Health and Human Services the Biomedical Advanced Research and Development Authority. (2) In general Based upon the strategic plan described in subsection (b), the Secretary shall coordinate the acceleration of countermeasure and product advanced research and development by - (A) facilitating collaboration between the Department of Health and Human Services and other Federal agencies, relevant industries, academia, and other persons, with respect to such advanced research and development; (B) promoting countermeasure and product advanced research and development; (C) facilitating contacts between interested persons and the offices or employees authorized by the Secretary to advise such persons regarding requirements under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] and under section 262 of this title; and (D) promoting innovation to reduce the time and cost of countermeasure and product advanced research and development. (3) Director The BARDA shall be headed by a Director (referred to in this section as the "Director") who shall be appointed by the Secretary and to whom the Secretary shall delegate such functions and authorities as necessary to implement this section. (4) Duties (A) Collaboration To carry out the purpose described in paragraph (2)(A), the Secretary shall - (i) facilitate and increase the expeditious and direct communication between the Department of Health and Human Services and relevant persons with respect to countermeasure and product advanced research and development, including by - (I) facilitating such communication regarding the processes for procuring such advanced research and development with respect to qualified countermeasures and qualified pandemic or epidemic products of interest; and (II) soliciting information about and data from research on potential qualified countermeasures and qualified pandemic or epidemic products and related technologies; (ii) at least annually - (I) convene meetings with representatives from relevant industries, academia, other Federal agencies, international agencies as appropriate, and other interested persons; (II) sponsor opportunities to demonstrate the operation and effectiveness of relevant biodefense countermeasure technologies; and (III) convene such working groups on countermeasure and product advanced research and development as the Secretary may determine are necessary to carry out this section; and (iii) carry out the activities described in section 405 of the Pandemic and All-Hazards Preparedness Act. (B) Support advanced research and development To carry out the purpose described in paragraph (2)(B), the Secretary shall - (i) conduct ongoing searches for, and support calls for, potential qualified countermeasures and qualified pandemic or epidemic products; (ii) direct and coordinate the countermeasure and product advanced research and development activities of the Department of Health and Human Services; (iii) establish strategic initiatives to accelerate countermeasure and product advanced research and development and innovation in such areas as the Secretary may identify as priority unmet need areas; and (iv) award contracts, grants, cooperative agreements, and enter into other transactions, for countermeasure and product advanced research and development. (C) Facilitating advice To carry out the purpose described in paragraph (2)(C) the Secretary shall - (i) connect interested persons with the offices or employees authorized by the Secretary to advise such persons regarding the regulatory requirements under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] and under section 262 of this title related to the approval, clearance, or licensure of qualified countermeasures or qualified pandemic or epidemic products; and (ii) with respect to persons performing countermeasure and product advanced research and development funded under this section, enable such offices or employees to provide to the extent practicable such advice in a manner that is ongoing and that is otherwise designed to facilitate expeditious development of qualified countermeasures and qualified pandemic or epidemic products that may achieve such approval, clearance, or licensure. (D) Supporting innovation To carry out the purpose described in paragraph (2)(D), the Secretary may award contracts, grants, and cooperative agreements, or enter into other transactions, such as prize payments, to promote - (i) innovation in technologies that may assist countermeasure and product advanced research and development; (ii) research on and development of research tools and other devices and technologies; and (iii) research to promote strategic initiatives, such as rapid diagnostics, broad spectrum antimicrobials, and vaccine manufacturing technologies. (5) Transaction authorities (A) Other transactions (i) In general The Secretary shall have the authority to enter into other transactions under this subsection in the same manner as the Secretary of Defense enters into such transactions under section 2371 of title 10. (ii) Limitations on authority (I) In general Subsections (b), (c), and (h) of section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) shall apply to other transactions under this subparagraph as if such transactions were for prototype projects described by subsection (a) of such section 845. (II) Written determinations required The authority of this subparagraph may be exercised for a project that is expected to cost the Department of Health and Human Services in excess of $20,000,000 only upon a written determination by the senior procurement executive for the Department (as designated for purpose of section 1702(c) of title 41), that the use of such authority is essential to promoting the success of the project. The authority of the senior procurement executive under this subclause may not be delegated. (iii) Guidelines The Secretary shall establish guidelines regarding the use of the authority under clause (i). Such guidelines shall include auditing requirements. (B) Expedited authorities (i) In general In awarding contracts, grants, and cooperative agreements, and in entering into other transactions under subparagraph (B) or (D) of paragraph (4), the Secretary shall have the expedited procurement authorities, the authority to expedite peer review, and the authority for personal services contracts, supplied by subsections (b), (c), and (d) of section 247d-6a of this title. (ii) Application of provisions Provisions in such section 247d-6a of this title that apply to such authorities and that require institution of internal controls, limit review, provide for Federal Tort Claims Act coverage of personal services contractors, and commit decisions to the discretion of the Secretary shall apply to the authorities as exercised pursuant to this paragraph. (iii) Authority to limit competition For purposes of applying section 247d-6a(b)(1)(D) of this title to this paragraph, the phrase "BioShield Program under the Project BioShield Act of 2004" shall be deemed to mean the countermeasure and product advanced research and development program under this section. (iv) Availability of data The Secretary shall require that, as a condition of being awarded a contract, grant, cooperative agreement, or other transaction under subparagraph (B) or (D) of paragraph (4), a person make available to the Secretary on an ongoing basis, and submit upon request to the Secretary, all data related to or resulting from countermeasure and product advanced research and development carried out pursuant to this section. (C) Advance payments; advertising The Secretary may waive the requirements of section 3324(a) of title 31 or section 6101 of title 41 upon the determination by the Secretary that such waiver is necessary to obtain countermeasures or products under this section. (D) Milestone-based payments allowed In awarding contracts, grants, and cooperative agreements, and in entering into other transactions, under this section, the Secretary may use milestone-based awards and payments. (E) Foreign nationals eligible The Secretary may under this section award contracts, grants, and cooperative agreements to, and may enter into other transactions with, highly qualified foreign national persons outside the United States, alone or in collaboration with American participants, when such transactions may inure to the benefit of the American people. (F) Establishment of research centers The Secretary may assess the feasibility and appropriateness of establishing, through contract, grant, cooperative agreement, or other transaction, an arrangement with an existing research center in order to achieve the goals of this section. If such an agreement is not feasible and appropriate, the Secretary may establish one or more federally-funded research and development centers, or university-affiliated research centers, in accordance with section 3304(a)(3) of title 41. (6) At-risk individuals In carrying out the functions under this section, the Secretary may give priority to the advanced research and development of qualified countermeasures and qualified pandemic or epidemic products that are likely to be safe and effective with respect to children, pregnant women, elderly, and other at-risk individuals. (7) Personnel authorities (A) Specially qualified scientific and professional personnel (i) In general In addition to any other personnel authorities, the Secretary may - (I) without regard to those provisions of title 5 governing appointments in the competitive service, appoint highly qualified individuals to scientific or professional positions in BARDA, such as program managers, to carry out this section; and (II) compensate them in the same manner and subject to the same terms and conditions in which individuals appointed under section 9903 of such title are compensated, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (ii) Manner of exercise of authority The authority provided for in this subparagraph shall be exercised subject to the same limitations described in section 247d-6a(e)(2) of this title. (iii) Term of appointment The term limitations described in section 9903(c) of title 5 shall apply to appointments under this subparagraph, except that the references to the "Secretary" and to the "Department of Defense's national security missions" shall be deemed to be to the Secretary of Health and Human Services and to the mission of the Department of Health and Human Services under this section. (B) Special consultants In carrying out this section, the Secretary may appoint special consultants pursuant to section 209(f) of this title. (C) Limitation (i) In general The Secretary may hire up to 100 highly qualified individuals, or up to 50 percent of the total number of employees, whichever is less, under the authorities provided for in subparagraphs (A) and (B). (ii) Report The Secretary shall report to Congress on a biennial basis on the implementation of this subparagraph. (d) Fund (1) Establishment There is established the Biodefense Medical Countermeasure Development Fund, which shall be available to carry out this section in addition to such amounts as are otherwise available for this purpose. (2) Funding To carry out the purposes of this section, there are authorized to be appropriated to the Fund - (A) $1,070,000,000 for fiscal years 2006 through 2008, the amounts to remain available until expended; and (B) such sums as may be necessary for subsequent fiscal years, the amounts to remain available until expended. (e) Inapplicability of certain provisions (1) Disclosure (A) In general The Secretary shall withhold from disclosure under section 552 of title 5 specific technical data or scientific information that is created or obtained during the countermeasure and product advanced research and development carried out under subsection (c) that reveals significant and not otherwise publicly known vulnerabilities of existing medical or public health defenses against biological, chemical, nuclear, or radiological threats. Such information shall be deemed to be information described in section 552(b)(3) of title 5. (B) Review Information subject to nondisclosure under subparagraph (A) shall be reviewed by the Secretary every 5 years, or more frequently as determined necessary by the Secretary, to determine the relevance or necessity of continued nondisclosure. (C) Sunset This paragraph shall cease to have force or effect on the date that is 7 years after December 19, 2006. (2) Review Notwithstanding section 14 of the Federal Advisory Committee Act, a working group of BARDA under this section and the National Biodefense Science Board under section 247d-7f of this title shall each terminate on the date that is 5 years after the date on which each such group or Board, as applicable, was established. Such 5-year period may be extended by the Secretary for one or more additional 5-year periods if the Secretary determines that any such extension is appropriate. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319L, as added Pub. L. 109- 417, title IV, Sec. 401, Dec. 19, 2006, 120 Stat. 2865.) -REFTEXT- REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a)(6)(A)(ii), (B)(i) and (c)(2)(C), (4)(C)(i), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. Section 405 of the Pandemic and All-Hazards Preparedness Act, referred to in subsec. (c)(4)(A)(iii), is section 405 of Pub. L. 109-417, which is set out as a note under section 247d-6a of this title. Section 845 of the National Defense Authorization Act for Fiscal Year 1994, referred to in subsec. (c)(5)(A)(ii)(I), is section 845 of Pub. L. 103-160, which is set out as a note under section 2371 of Title 10, Armed Forces. The Federal Tort Claims Act, referred to in subsec. (c)(5)(B)(ii), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (Secs. 921, 922, 931-934, 941-946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28. Section 14 of the Federal Advisory Committee Act, referred to in subsec. (e)(2), is section 14 of Pub. L. 92-463, which is set out in the Appendix to Title 5, Government Organization and Employees. -COD- CODIFICATION In subsec. (c)(5)(A)(ii)(II), "section 1702(c) of title 41" substituted for "section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(5)(C), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(5)(F), "section 3304(a)(3) of title 41" substituted for "section 303(c)(3) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(3))" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -End- -CITE- 42 USC Sec. 247d-7f 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-7f. National Biodefense Science Board and working groups -STATUTE- (a) In general (1) Establishment and function The Secretary shall establish the National Biodefense Science Board (referred to in this section as the "Board") to provide expert advice and guidance to the Secretary on scientific, technical and other matters of special interest to the Department of Health and Human Services regarding current and future chemical, biological, nuclear, and radiological agents, whether naturally occurring, accidental, or deliberate. (2) Membership The membership of the Board shall be comprised of individuals who represent the Nation's preeminent scientific, public health, and medical experts, as follows - (A) such Federal officials as the Secretary may determine are necessary to support the functions of the Board; (B) four individuals representing the pharmaceutical, biotechnology, and device industries; (C) four individuals representing academia; and (D) five other members as determined appropriate by the Secretary, of whom - (i) one such member shall be a practicing healthcare professional; and (ii) one such member shall be an individual from an organization representing healthcare consumers. (3) Term of appointment A member of the Board described in subparagraph (B), (C), or (D) of paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the initial Board appointees in order to provide for a staggered term of appointment for all members. (4) Consecutive appointments; maximum terms A member may be appointed to serve not more than 3 terms on the Board and may serve not more than 2 consecutive terms. (5) Duties The Board shall - (A) advise the Secretary on current and future trends, challenges, and opportunities presented by advances in biological and life sciences, biotechnology, and genetic engineering with respect to threats posed by naturally occurring infectious diseases and chemical, biological, radiological, and nuclear agents; (B) at the request of the Secretary, review and consider any information and findings received from the working groups established under subsection (b); and (C) at the request of the Secretary, provide recommendations and findings for expanded, intensified, and coordinated biodefense research and development activities. (6) Meetings (A) Initial meeting Not later than one year after December 19, 2006, the Secretary shall hold the first meeting of the Board. (B) Subsequent meetings The Board shall meet at the call of the Secretary, but in no case less than twice annually. (7) Vacancies Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (8) Chairperson The Secretary shall appoint a chairperson from among the members of the Board. (9) Powers (A) Hearings The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this subsection. (B) Postal services The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (10) Personnel (A) Employees of the Federal Government A member of the Board that is an employee of the Federal Government may not receive additional pay, allowances, or benefits by reason of the member's service on the Board. (B) Other members A member of the Board that is not an employee of the Federal Government may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Board. (C) Travel expenses Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5. (D) Detail of Government employees Any Federal Government employee may be detailed to the Board with the approval for the contributing agency without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (b) Other working groups The Secretary may establish a working group of experts, or may use an existing working group or advisory committee, to - (1) identify innovative research with the potential to be developed as a qualified countermeasure or a qualified pandemic or epidemic product; (2) identify accepted animal models for particular diseases and conditions associated with any biological, chemical, radiological, or nuclear agent, any toxin, or any potential pandemic infectious disease, and identify strategies to accelerate animal model and research tool development and validation; and (3) obtain advice regarding supporting and facilitating advanced research and development related to qualified countermeasures and qualified pandemic or epidemic products that are likely to be safe and effective with respect to children, pregnant women, and other vulnerable populations, and other issues regarding activities under this section that affect such populations. (c) Definitions Any term that is defined in section 247d-7e of this title and that is used in this section shall have the same meaning in this section as such term is given in section 247d-7e of this title. (d) Authorization of appropriations There are authorized to be appropriated $1,000,000 to carry out this section for fiscal year 2007 and each fiscal year thereafter. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 319M, as added Pub. L. 109- 417, title IV, Sec. 402, Dec. 19, 2006, 120 Stat. 2872.) -End- -CITE- 42 USC Sec. 247d-8 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-8. Coordinated program to improve pediatric oral health -STATUTE- (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to fund innovative oral health activities that improve the oral health of children under 6 years of age who are eligible for services provided under a Federal health program, to increase the utilization of dental services by such children, and to decrease the incidence of early childhood and baby bottle tooth decay. (b) Grants The Secretary shall award grants to or enter into contracts with public or private nonprofit schools of dentistry or accredited dental training institutions or programs, community dental programs, and programs operated by the Indian Health Service (including federally recognized Indian tribes that receive medical services from the Indian Health Service, urban Indian health programs funded under title V of the Indian Health Care Improvement Act [25 U.S.C. 1651 et seq.], and tribes that contract with the Indian Health Service pursuant to the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.]) to enable such schools, institutions, and programs to develop programs of oral health promotion, to increase training of oral health services providers in accordance with State practice laws, or to increase the utilization of dental services by eligible children. (c) Distribution In awarding grants under this section, the Secretary shall, to the extent practicable, ensure an equitable national geographic distribution of the grants, including areas of the United States where the incidence of early childhood caries is highest. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each (!1) the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 320A, as added Pub. L. 106- 310, div. A, title XVI, Sec. 1603, Oct. 17, 2000, 114 Stat. 1151.) -REFTEXT- REFERENCES IN TEXT The Indian Health Care Improvement Act, referred to in subsec. (b), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended. Title V of the Act is classified generally to subchapter IV (Sec. 1651 et seq.) of chapter 18 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables. The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables. -COD- CODIFICATION Section 1603 of Pub. L. 106-310, which directed that section 320A (this section) be added at the end of part B of the Public Health Service Act, was executed by adding section 320A at the end of part B of title III of the Public Health Service Act, to reflect the probable intent of Congress, notwithstanding that section 320 of the Public Health Service Act (section 247e of this title) appears in part C of title III of the Public Health Service Act. -FOOTNOTE- (!1) So in original. Probably should be followed by "of". -End- -CITE- 42 USC Sec. 247d-9 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part B - Federal-State Cooperation -HEAD- Sec. 247d-9. Dental education for parents of newborns -STATUTE- The Secretary shall develop and implement, through entities that fund or provide perinatal care services to targeted low-income children under a State child health plan under title XXI of the Social Security Act [42 U.S.C. 1397aa et seq.], a program to deliver oral health educational materials that inform new parents about risks for, and prevention of, early childhood caries and the need for a dental visit within their newborn's first year of life. -SOURCE- (Pub. L. 111-3, title V, Sec. 501(c), Feb. 4, 2009, 123 Stat. 87.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XXI of the Act is classified generally to subchapter XXI (Sec. 1397aa et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Children's Health Insurance Program Reauthorization Act of 2009, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- EFFECTIVE DATE Section effective Apr. 1, 2009, and applicable to child health assistance and medical assistance provided on or after that date, with certain exceptions, see section 3 of Pub. L. 111-3, set out as a note under section 1396 of this title. -CROSS- DEFINITION OF "SECRETARY" "Secretary" as meaning the Secretary of Health and Human Services, see section 1(c)(3) of Pub. L. 111-3, set out as a note under section 1396 of this title. -End- -CITE- 42 USC Part C - Hospitals, Medical Examinations, and Medical Care 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- PART C - HOSPITALS, MEDICAL EXAMINATIONS, AND MEDICAL CARE -MISC1- AMENDMENTS 1978 - Pub. L. 95-626, title I, Sec. 113(a)(1), Nov. 10, 1978, 92 Stat. 3562, struck out heading "Subpart I - General Provisions". 1976 - Pub. L. 94-484, title IV, Sec. 407(a), Oct. 12, 1976, 90 Stat. 2268, added heading "Subpart I - General Provisions". -End- -CITE- 42 USC Sec. 247e 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 247e. National Hansen's Disease Programs Center -STATUTE- (a) Care and treatment (1) At or through the National Hansen's Disease Programs Center (located in the State of Louisiana), the Secretary shall without charge provide short-term care and treatment, including outpatient care, for Hansen's disease and related complications to any person determined by the Secretary to be in need of such care and treatment. The Secretary may not at or through such Center provide long-term care for any such disease or complication. (2) The Center referred to in paragraph (1) shall conduct training in the diagnosis and management of Hansen's disease and related complications, and shall conduct and promote the coordination of research (including clinical research), investigations, demonstrations, and studies relating to the causes, diagnosis, treatment, control, and prevention of Hansen's disease and other mycobacterial diseases and complications related to such diseases. (3) Paragraph (1) is subject to section 211 of the Department of Health and Human Services Appropriations Act, 1998. (b) Additional sites authorized In addition to the Center referred to in subsection (a) of this section, the Secretary may establish sites regarding persons with Hansen's disease. Each such site shall provide for the outpatient care and treatment for Hansen's disease and related complications to any person determined by the Secretary to be in need of such care and treatment. (c) Agency designated by Secretary The Secretary shall carry out subsections (a) and (b) of this section acting through an agency of the Service. For purposes of the preceding sentence, the agency designated by the Secretary shall carry out both activities relating to the provision of health services and activities relating to the conduct of research. (d) Payments to Board of Health of Hawaii The Secretary shall make payments to the Board of Health of the State of Hawaii for the care and treatment (including outpatient care) in its facilities of persons suffering from Hansen's disease at a rate determined by the Secretary. The rate shall be approximately equal to the operating cost per patient of such facilities, except that the rate may not exceed the comparable costs per patient with Hansen's disease for care and treatment provided by the Center referred to in subsection (a) of this section. Payments under this subsection are subject to the availability of appropriations for such purpose. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 320, formerly Sec. 331, 58 Stat. 698; June 25, 1948, ch. 654, Sec. 4, 62 Stat. 1018; June 25, 1952, ch. 460, 66 Stat. 157; Pub. L. 86-624, Sec. 29(b), July 12, 1960, 74 Stat. 419; renumbered Sec. 339, Pub. L. 94-484, title IV, Sec. 407(b)(2), Oct. 12, 1976, 90 Stat. 2268; renumbered Sec. 320, and amended Pub. L. 95-626, title I, Sec. 105(a), Nov. 10, 1978, 92 Stat. 3560; Pub. L. 96-32, Sec. 7(b), July 10, 1979, 93 Stat. 84; Pub. L. 99-117, Sec. 2(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 105- 78, title II, Sec. 211(h), Nov. 13, 1997, 111 Stat. 1494; Pub. L. 107-220, Sec. 1(a), Aug. 21, 2002, 116 Stat. 1332.) -REFTEXT- REFERENCES IN TEXT Section 211 of the Department of Health and Human Services Appropriations Act, 1998, referred to in subsec. (a)(3), is section 211 of Pub. L. 105-78, which enacted this section and provisions set out as notes below. -COD- CODIFICATION Section was classified to section 255 of this title prior to its renumbering by Pub. L. 95-626. -MISC1- AMENDMENTS 2002 - Subsec. (a)(1). Pub. L. 107-220 substituted "National Hansen's Disease Programs Center" for "Gillis W. Long Hansen's Disease Center". 1997 - Pub. L. 105-78 amended section catchline and text generally, substituting present provisions for former provisions which related to: in subsec. (a), care and treatment; and in subsec. (b), payments to Board of Health of Hawaii. 1985 - Pub. L. 99-117 substituted "Hansen's disease program" for "Receipt, apprehension, detention, treatment, and release of lepers" in section catchline. Subsec. (a). Pub. L. 99-117 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Service shall, in accordance with regulations, receive into any hospital of the Service suitable for his accommodation any person afflicted with leprosy who presents himself for care, detention, or treatment, or who may be apprehended under subsection (b) of this section or section 264 of this title, and any person afflicted with leprosy duly consigned to the care of the Service by the proper health authority of any State. The Surgeon General is authorized, upon the request of any health authority, to send for any person within the jurisdiction of such authority who is afflicted with leprosy and to convey such person to the appropriate hospital for detention and treatment. When the transportation of any such person is undertaken for the protection of the public health the expense of such removal shall be met from funds available for the maintenance of hospitals of the Service. Such funds shall also be available, subject to regulations, for transportation of recovered indigent leper patients to their homes, including subsistence allowance while traveling. When so provided in appropriations available for any fiscal year for the maintenance of hospitals of the Service, the Surgeon General is authorized and directed to make payments to the Board of Health of Hawaii for the care and treatment in its facilities of persons afflicted with leprosy at a per diem rate, determined from time to time by the Surgeon General, which shall, subject to the availability of appropriations, be approximately equal to the per diem operating cost per patient of such facilities, except that such per diem rate shall not be greater than the comparable per diem operating cost per patient at the National Leprosarium, Carville, Louisiana." Subsec. (b). Pub. L. 99-117 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The Surgeon General may provide by regulation for the apprehension, detention, treatment, and release of persons being treated by the Service for leprosy." 1979 - Subsec. (a). Pub. L. 96-32 substituted "apprehended under subsection (b) of this section or section 264 of this title" for "apprehended under section 256 or 264 of this title". 1978 - Pub. L. 95-626 designated existing provisions as subsec. (a) and added subsec. (b). 1960 - Pub. L. 86-624 struck out ", Territory, or the District of Columbia" after "proper health authority of any State", and substituted "Board of Health of Hawaii" for "Board of Health of the Territory of Hawaii". 1952 - Act June 25, 1952, provided for payments to Hawaiian Board of Health for expenditures made by them in care and treatment of patients. 1948 - Act June 25, 1948, authorized payment of travel expenses of indigent leper patients. -CHANGE- CHANGE OF NAME Pub. L. 107-220, Secs. 1(b), 2, Aug. 21, 2002, 116 Stat. 1332, provided that: "(b) Public Law 105-78. - References in section 211 of Public Law 105-78 [amending this section and enacting provisions set out as a note under this section], and in deeds, agreements, or other documents under such section, to the Gillis W. Long Hansen's Disease Center shall be deemed to be references to the National Hansen's Disease Programs Center. "SEC. 2. OTHER REFERENCES. "Any reference in a law, map, regulation, document, paper, or other record of the United States to the Gillis W. Long Hansen's Disease Center shall be deemed to be a reference to the 'National Hansen's Disease Programs Center' ". -MISC2- EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section 47(f) of Pub. L. 86-624, set out as a note under section 201 of this title. RELOCATION OF NATIONAL HANSEN'S DISEASE PROGRAMS CENTER Pub. L. 105-78, title II, Sec. 211(a)-(g), Nov. 13, 1997, 111 Stat. 1489, as amended by Pub. L. 107-220, Sec. 1(b), Aug. 21, 2002, 116 Stat. 1332, provided that: "(a) The Secretary of Health and Human Services may in accordance with this section provide for the relocation of the Federal facility known as the National Hansen's Disease Programs Center (located in the vicinity of Carville, in the State of Louisiana), including the relocation of the patients of the Center. "(b)(1) Subject to paragraph (2), in relocating the Center the Secretary may on behalf of the United States transfer to the State of Louisiana, without charge, title to the real property and improvements that as of the date of the enactment of this Act [Nov. 13, 1997] constitute the Center. Such real property is a parcel consisting of approximately 330 acres. The exact acreage and legal description used for purposes of the transfer shall be in accordance with a survey satisfactory to the Secretary. "(2) Any conveyance under paragraph (1) is not effective unless the deed or other instrument of conveyance contains the conditions specified in subsection (d); the instrument specifies that the United States and the State of Louisiana agree to such conditions; and the instrument specifies that, if the State engages in a material breach of the conditions, title to the real property and improvements involved reverts to the United States at the election of the Secretary. "(c)(1) With respect to Federal equipment and other items of Federal personal property that are in use at the Center as of the date of the enactment of this Act [Nov. 13, 1997], the Secretary may, subject to paragraph (2), transfer to the State such items as the Secretary determines to be appropriate, if the Secretary makes the transfer under subsection (b). "(2) A transfer of equipment or other items may be made under paragraph (1) only if the State agrees that, during the 30-year period beginning on the date on which the transfer under subsection (b) is made, the items will be used exclusively for purposes that promote the health or education of the public, except that the Secretary may authorize such exceptions as the Secretary determines to be appropriate. "(d) For purposes of subsection (b)(2), the conditions specified in this subsection with respect to a transfer of title are the following: "(1) During the 30-year period beginning on the date on which the transfer is made, the real property and improvements referred to in subsection (b)(1) (referred to in this subsection as the 'transferred property') will be used exclusively for purposes that promote the health or education of the public, with such incidental exceptions as the Secretary may approve. "(2) For purposes of monitoring the extent to which the transferred property is being used in accordance with paragraph (1), the Secretary will have access to such documents as the Secretary determines to be necessary, and the Secretary may require the advance approval of the Secretary for such contracts, conveyances of real or personal property, or other transactions as the Secretary determines to be necessary. "(3) The relocation of patients from the transferred property will be completed not later than 3 years after the date on which the transfer is made, except to the extent the Secretary determines that relocating particular patients is not feasible. During the period of relocation, the Secretary will have unrestricted access to the transferred property, and after such period will have such access as may be necessary with respect to the patients who pursuant to the preceding sentence are not relocated. "(4)(A) With respect to projects to make repairs and energy- related improvements at the transferred property, the Secretary will provide for the completion of all such projects for which contracts have been awarded and appropriations have been made as of the date on which the transfer is made. "(B) If upon completion of the projects referred to in subparagraph (A) there are any unobligated balances of amounts appropriated for the projects, and the sum of such balances is in excess of $100,000 - "(i) the Secretary will transfer the amount of such excess to the State; and "(ii) the State will expend such amount for the purposes referred to in paragraph (1), which may include the renovation of facilities at the transferred property. "(5)(A) The State will maintain the cemetery located on the transferred property, will permit individuals who were long-term- care patients of the Center to be buried at the cemetery, and will permit members of the public to visit the cemetery. "(B) The State will permit the Center to maintain a museum on the transferred property, and will permit members of the public to visit the museum. "(C) In the case of any waste products stored at the transferred property as of the date of the transfer, the Federal Government will after the transfer retain title to and responsibility for the products, and the State will not require that the Federal Government remove the products from the transferred property. "(6) In the case of each individual who as of the date of the enactment of this Act [Nov. 13, 1997] is a Federal employee at the transferred property with facilities management or dietary duties: "(A) The State will offer the individual an employment position with the State, the position with the State will have duties similar to the duties the individual performed in his or her most recent position at the transferred property, and the position with the State will provide compensation and benefits that are similar to the compensation and benefits provided for such most recent position, subject to the concurrence of the Governor of the State. "(B) If the individual becomes an employee of the State pursuant to subparagraph (A), the State will make payments in accordance with subsection (e)(2)(B) (relating to disability), as applicable with respect to the individual. "(7) The Federal Government may, consistent with the intended uses by the State of the transferred property, carry out at such property activities regarding at-risk youth. "(8) Such additional conditions as the Secretary determines to be necessary to protect the interests of the United States. "(e)(1) This subsection applies if the transfer under subsection (b) is made. "(2) In the case of each individual who as of the date of the enactment of this Act [Nov. 13, 1997] is a Federal employee at the Center with facilities management or dietary duties, and who becomes an employee of the State pursuant to subsection (d)(6)(A): "(A) The provisions of subchapter III of chapter 83 of title 5, United States Code, or of chapter 84 of such title, whichever are applicable, that relate to disability shall be considered to remain in effect with respect to the individual (subject to subparagraph (C)) until the earlier of - "(i) the expiration of the 2-year period beginning on the date on which the transfer under subsection (b) is made; or "(ii) the date on which the individual first meets all conditions for coverage under a State program for payments during retirement by reason of disability. "(B) The payments to be made by the State pursuant to subsection (d)(6)(B) with respect to the individual are payments to the Civil Service Retirement and Disability Fund, if the individual is receiving Federal disability coverage pursuant to subparagraph (A). Such payments are to be made in a total amount equal to that portion of the normal-cost percentage (determined through the use of dynamic assumptions) of the basic pay of the individual that is allocable to such coverage and is paid for service performed during the period for which such coverage is in effect. Such amount is to be determined in accordance with chapter 84 of such title 5, is to be paid at such time and in such manner as mutually agreed by the State and the Office of Personnel Management, and is in lieu of individual or agency contributions otherwise required. "(C) In the determination pursuant to subparagraph (A) of whether the individual is eligible for Federal disability coverage (during the applicable period of time under such subparagraph), service as an employee of the State after the date of the transfer under subsection (b) shall be counted toward the service requirement specified in the first sentence of section 8337(a) or 8451(a)(1)(A) of such title 5 (whichever is applicable). "(3) In the case of each individual who as of the date of the enactment of this Act is a Federal employee with a position at the Center and is, for duty at the Center, receiving the pay differential under section 208(e) of the Public Health Service Act [section 210(e) of this title] or under section 5545(d) of title 5, United States Code: "(A) If as of the date of the transfer under subsection (b) the individual is eligible for an annuity under section 8336 or 8412 of title 5, United States Code, then once the individual separates from the service and thereby becomes entitled to receive the annuity, the pay differential shall be included in the computation of the annuity if the individual separated from the service not later than the expiration of the 90-day period beginning on the date of the transfer. "(B) If the individual is not eligible for such an annuity as of the date of the transfer under subsection (b) but subsequently does become eligible, then once the individual separates from the service and thereby becomes entitled to receive the annuity, the pay differential shall be included in the computation of the annuity if the individual separated from the service not later than the expiration of the 90-day period beginning on the date on which the individual first became eligible for the annuity. "(C) For purposes of this paragraph, the individual is eligible for the annuity if the individual meets all conditions under such section 8336 or 8412 to be entitled to the annuity, except the condition that the individual be separated from the service. "(4) With respect to individuals who as of the date of the enactment of this Act are Federal employees with positions at the Center and are not, for duty at the center, receiving the pay differential under section 208(e) of the Public Health Service Act [section 210(e) of this title] or under section 5545(d) of title 5, United States Code: "(A) During the calendar years 1997 and 1998, the Secretary may in accordance with this paragraph provide to any such individual a voluntary separation incentive payment. The purpose of such payments is to avoid or minimize the need for involuntary separations under a reduction in force with respect to the Center. "(B) During calendar year 1997, any payment under subparagraph (A) shall be made under section 663 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (as contained in section 101(f) of division A of Public Law 104-208) [5 U.S.C. 5597 note], except that, for purposes of this subparagraph, subsection (b) of such section 663 does not apply. "(C) During calendar year 1998, such section 663 applies with respect to payments under subparagraph (A) to the same extent and in the same manner as such section applied with respect to the payments during fiscal year 1997, and for purposes of this subparagraph, the reference in subsection (c)(2)(D) of such section 663 to December 31, 1997, is deemed to be a reference to December 31, 1998. "(f) The following provisions apply if under subsection (a) the Secretary makes the decision to relocate the Center: "(1) The site to which the Center is relocated shall be in the vicinity of Baton Rouge, in the State of Louisiana. "(2) The facility involved shall continue to be designated as the National Hansen's Disease Programs Center. "(3) The Secretary shall make reasonable efforts to inform the patients of the Center with respect to the planning and carrying out of the relocation. "(4) In the case of each individual who as of October 1, 1996, was a patient of the Center and is considered by the Director of the Center to be a long-term-care patient (referred to in this subsection as an 'eligible patient'), the Secretary shall continue to provide for the long-term care of the eligible patient, without charge, for the remainder of the life of the patient. "(5)(A) For purposes of paragraph (4), an eligible patient who is legally competent has the following options with respect to support and maintenance and other nonmedical expenses: "(i) For the remainder of his or her life, the patient may reside at the Center. "(ii) For the remainder of his or her life, the patient may receive payments each year at an annual rate of $33,000 (adjusted in accordance with subparagraphs (C) and (D)), and may not reside at the Center. Payments under this clause are in complete discharge of the obligation of the Federal Government under paragraph (4) for support and maintenance and other nonmedical expenses of the patient. "(B) The choice by an eligible patient of the option under clause (i) of subparagraph (A) may at any time be revoked by the patient, and the patient may instead choose the option under clause (ii) of such subparagraph. The choice by an eligible patient of the option under such clause (ii) is irrevocable. "(C) Payments under subparagraph (A)(ii) shall be made on a monthly basis, and shall be pro rated as applicable. In 1999 and each subsequent year, the monthly amount of such payments shall be increased by a percentage equal to any percentage increase taking effect under section 215(i) of the Social Security Act [section 415(i) of this title] (relating to a cost-of-living increase) for benefits under title II of such Act [section 401 et seq. of this title] (relating to Federal old-age, survivors, and disability insurance benefits). Any such percentage increase in monthly payments under subparagraph (A)(ii) shall take effect in the same month as the percentage increase under such section 215(i) takes effect. "(D) With respect to the provision of outpatient and inpatient medical care for Hansen's disease and related complications to an eligible patient: "(i) The choice the patient makes under subparagraph (A) does not affect the responsibility of the Secretary for providing to the patient such care at or through the Center. "(ii) If the patient chooses the option under subparagraph (A)(ii) and receives inpatient care at or through the Center, the Secretary may reduce the amount of payments under such subparagraph, except to the extent that reimbursement for the expenses of such care is available to the provider of the care through the program under title XVIII of the Social Security Act [section 1395 et seq. of this title] or the program under title XIX of such Act [section 1396 et seq. of this title]. Any such reduction shall be made on the basis of the number of days for which the patient received the inpatient care. "(6) The Secretary shall provide to each eligible patient such information and time as may be necessary for the patient to make an informed decision regarding the options under paragraph (5)(A). "(7) After the date of the enactment of this Act [Nov. 13, 1997], the Center may not provide long-term care for any individual who as of such date was not receiving such care as a patient of the Center. "(8) If upon completion of the projects referred to in subsection (d)(4)(A) there are unobligated balances of amounts appropriated for the projects, such balances are available to the Secretary for expenses relating to the relocation of the Center, except that, if the sum of such balances is in excess of $100,000, such excess is available to the State in accordance with subsection (d)(4)(B). The amounts available to the Secretary pursuant to the preceding sentence are available until expended. "(g) For purposes of this section: "(1) The term 'Center' means the National Hansen's Disease Programs Center. "(2) The term 'Secretary' means the Secretary of Health and Human Services. "(3) The term 'State' means the State of Louisiana." -End- -CITE- 42 USC Sec. 248 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 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 -STATUTE- The Surgeon General, pursuant to regulations, shall - (a) Control, manage, and operate all institutions, hospitals, and stations of the Service, including minor repairs and maintenance, and provide for the care, treatment, and hospitalization of patients, including the furnishing of prosthetic and orthopedic devices; and from time to time, with the approval of the President, select suitable sites for and establish such additional institutions, hospitals, and stations in the States and possessions of the United States as in his judgment are necessary to enable the Service to discharge its functions and duties; (b) Provide for the transfer of Public Health Service patients, in the care of attendants where necessary, between hospitals and stations operated by the Service or between such hospitals and stations and other hospitals and stations in which Public Health Service patients may be received, and the payment of expenses of such transfer; (c) Provide for the disposal of articles produced by patients in the course of their curative treatment, either by allowing the patient to retain such articles or by selling them and depositing the money received therefor to the credit of the appropriation from which the materials for making the articles were purchased; (d) Provide for the disposal of money and effects, in the custody of the hospitals or stations, of deceased patients; and (e) Provide, to the extent the Surgeon General determines that other public or private funds are not available therefor, for the payment of expenses of preparing and transporting the remains of, or the payment of reasonable burial expenses for, any patient dying in a hospital or station. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 321, 58 Stat. 695; June 25, 1948, ch. 654, Sec. 2, 62 Stat. 1017; Pub. L. 95-622, title II, Sec. 266, Nov. 9, 1978, 92 Stat. 3437.) -MISC1- AMENDMENTS 1978 - Subsec. (a). Pub. L. 95-622 struck out ", and tobacco" after "orthopedic devices". 1948 - Subsec. (a). Act June 25, 1948, Sec. 2(a), amended subsec. (a) generally, continuing authority of Service to furnish tobacco to patients being treated by it. Subsec. (e). Act June 25, 1948, Sec. 2(b), added subsec. (e). -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -End- -CITE- 42 USC Sec. 248a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 248a. Closing or transfer of hospitals; reduction of services; Congressional authorization required -STATUTE- (a) Except as provided in subsection (b) of this section, the Secretary of Health and Human Services shall take such action as may be necessary to assure that the hospitals of the Public Health Service, located in Seattle, Washington, Boston, Massachusetts, San Francisco, California, Galveston, Texas, New Orleans, Louisiana, Baltimore, Maryland, Staten Island, New York, and Norfolk, Virginia, shall continue - (1) in operation as hospitals of the Public Health Service, (2) to provide for all categories of individuals entitled or authorized to receive care and treatment at hospitals or other stations of the Public Health Service inpatient, outpatient, and other health care services in like manner as such services were provided on January 1, 1973, to such categories of individuals at the hospitals of the Public Health Service referred to in the matter preceding paragraph (1) and at a level and range at least as great as the level and range of such services which were provided (or authorized to be provided) by such hospitals on such date, and (3) to conduct at such hospitals a level and range of other health-related activities (including training and research activities) which is not less than the level and range of such activities which were being conducted on January 1, 1973, at such hospitals. (b)(1) The Secretary may - (A) close or transfer control of a hospital of the Public Health Service to which subsection (a) of this section applies, (B) reduce the level and range of health care services provided at such a hospital from the level and range required by subsection (a)(2) of this section or change the manner in which such services are provided at such a hospital from the manner required by such subsection, or (C) reduce the level and range of the other health-related activities conducted at such hospital from the level and range required by subsection (a)(3) of this section, if Congress by law (enacted after November 16, 1973) specifically authorizes such action. (2) Any recommendation submitted to the Congress for legislation to authorize an action described in paragraph (1) with respect to a hospital of the Public Health Service shall be accompanied by a copy of the written, unqualified approval of the proposed action submitted to the Secretary by each (A) section 314(a) State health planning agency whose section 314(a) plan covers (in whole or in part) the area in which such hospital is located or which is served by such hospital, and (B) section 314(b) areawide health planning agency whose section 314(b) plan covers (in whole or in part) such area. (3) For purposes of this subsection, the term "section 314(a) State health planning agency" means the agency of a State which administers or supervises the administration of a State's health planning functions under a State plan approved under section 314(a) of the Public Health Service Act (referred to in paragraph (2) as a "section 314(a) plan"); and the term "section 314(b) areawide health planning agency" means a public or nonprofit private agency or organization which has developed a comprehensive regional, metropolitan, or other local area plan or plans referred to in section 314(b) of that Act (referred to in paragraph (2) as a "section 314(b) plan"). -SOURCE- (Pub. L. 93-155, title VIII, Sec. 818(a), (b), Nov. 16, 1973, 87 Stat. 622; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -REFTEXT- REFERENCES IN TEXT Section 314 of the Public Health Service Act, referred to in subsec. (b)(2), (3), is classified to section 246 of this title. -COD- CODIFICATION Section was enacted as part of the Department of Defense Appropriation Authorization Act, 1974, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 92-585, Sec. 3, Oct. 27, 1972, 86 Stat. 1292, setting out procedure to be followed in closing or transferring control of hospitals or other health care delivery facilities of Public Health Service, prior to repeal by Pub. L. 93-155, Sec. 818(c). -CHANGE- CHANGE OF NAME "Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (a) pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -End- -CITE- 42 USC Sec. 248b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 248b. Transfer or financial self-sufficiency of public health service hospitals and clinics -STATUTE- (a) Deadline for closure, transfer, or financial self-sufficiency The Secretary of Health and Human Services (hereinafter in this subtitle referred to as the "Secretary") shall, in accordance with this section and notwithstanding section 248a of this title, provide for the closure, transfer, or financial self-sufficiency of all hospitals and other stations of the Public Health Service (hereinafter in this subtitle referred to as the "Service") not later than September 30, 1982. (b) Proposals for transfer or financial self-sufficiency Not later than July 1, 1981, the Secretary shall notify each Service hospital and other station, and the chief executive officer of each State and of each locality in which such a hospital or other station is located, that the Secretary will accept proposals for the transfer of each such hospital and station from the Service to a public (including Federal) or nonprofit private entity or for the achievement of financial self-sufficiency of each such hospital and station not later than September 30, 1982. No such proposal shall be considered by the Secretary if it is submitted later than September 1, 1981. (c) Evaluation of proposals The Secretary shall evaluate promptly each proposal submitted under subsection (b) of this section with respect to a hospital or other station and determine, not later than September 30, 1981, whether or not under such proposal the hospital or station - (1) will be maintained as a general health care facility providing a range of services to the population within its service area, (2) will continue to make services available to existing patient populations, and (3) has a reasonable expectation of financial viability and, in the case of a hospital or station that is not proposed to be transferred, of financial self-sufficiency. Paragraph (1) shall not apply in the case of a proposal for the transfer of a discrete, minor, freestanding part of a hospital or station to a local public entity for the purpose of continuing the provision of services to refugees. (d) Rejection or approval of proposal (1) If the Secretary determines that a proposal for a hospital or other station does not meet the standards of subsection (c) of this section or if there is no proposal submitted under subsection (b) of this section with respect to a hospital or other station, the Secretary shall provide for the closure of the hospital or station by not later than October 31, 1981. (2) If the Secretary determines that a proposal for a hospital or other station meets the standards of subsection (c) of this section, the Secretary shall take such steps, within the amounts available through appropriations, as may be necessary and proper - (A) to operate (or participate or assist in the operation of) the hospital or station by the Service until the transfer is accomplished or financial self-sufficiency is achieved, (B) to bring the hospital or station into compliance with applicable licensure, accreditation, and local medical practice standards, and (C) to provide for such other legal, administrative, personnel, and financial arrangements (including allowing payments made with respect to services provided by the hospital or station to be made directly to that hospital or station) as may be necessary to effect a timely and orderly transfer of such hospital or station (including the land, building, and equipment thereof) from the Service, or for the financial self-sufficiency of the hospital or station, not later than September 30, 1982. (e) Establishment of identifiable administrative unit There is established, within the Office of the Assistant Secretary for Health of the Department of Health and Human Services, an identifiable administrative unit which shall have direct responsibility and authority for overseeing the activities under this section. (f) Finding of financial self-sufficiency For purposes of this section, a hospital or station cannot be found to be financially self-sufficient if the hospital or station is relying, in whole or in part, on direct appropriated funds for its continued operations. -SOURCE- (Pub. L. 97-35, title IX, Sec. 987, Aug. 13, 1981, 95 Stat. 603.) -REFTEXT- REFERENCES IN TEXT This subtitle, referred to in subsec. (a), is subtitle J of title IX of Pub. L. 97-35, Secs. 985 to 988, Aug. 13, 1981, 95 Stat. 602, which enacted this section, amended sections 201, 249, and 254e of this title, and enacted provisions set out as notes under this section and section 249 of this title. For complete classification of this subtitle to the Code, see Tables. Section 248a of this title, referred to in subsec. (a), was in the original "section 818 of Public Law 93-155", meaning section 818 of Pub. L. 93-155, title VIII, Nov. 16, 1973, 87 Stat. 622, which enacted section 248a of this title and repealed section 3 of Pub. L. 92-585, Oct. 27, 1972, 86 Stat. 1292. -COD- CODIFICATION Section was enacted as part of the Omnibus Budget Reconciliation Act of 1981, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE Section 985 of Pub. L. 97-35 provided that: "(a) Congress finds that - "(1) because of national budgetary considerations, it has become necessary to terminate Federal appropriations for Public Health Service hospitals and clinics, "(2) with proper planning and coordination, some of these hospitals and clinics could be transferred to State, local, or private control or become financially self-sufficient and continue to provide effective and efficient health care to individuals in the areas in which they are located, "(3) a precipitous closure of these hospitals and clinics will preclude the possibility of such orderly transfer to entities which are willing and able to take over operations at such facilities and will cause unnecessary and costly hardships on the patients and staffs at such facilities and on the communities in which the facilities are located, and "(4) it is in the national interest, consistent with sound budgetary considerations, to assist in the orderly and prompt transfer of such operations to State, local, or private operation or in the achievement of financial self-sufficiency where feasible. "(b) The purposes of this subtitle [enacting this section, amending sections 201, 249, and 254e of this title, and enacting provisions set out as notes under section 249 of this title] are - "(1) to provide for the prompt and orderly closure by October 31, 1981, of Public Health Service hospitals and clinics which cannot reasonably be transferred to State, local, or private operation or become financially self-sufficient and for the transfer or achievement of financial self-sufficiency by September 30, 1982, of those hospitals and clinics which can be so transferred or which can achieve such financial self- sufficiency, and "(2) to provide for transitional assistance for merchant seamen whose entitlement to receive free care through Public Health Service hospitals and clinics is repealed and who are hospitalized at the end of fiscal year 1981 and require continuing hospitalization." -End- -CITE- 42 USC Secs. 248c, 248d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Secs. 248c, 248d. Repealed. -MISC1- Secs. 248c, 248d. Repealed. Pub. L. 104-201, div. A, title VII, Sec. 727(a)(1), (2), Sept. 23, 1996, 110 Stat. 2596. Section 248c, Pub. L. 97-99, title IX, Sec. 911, Dec. 23, 1981, 95 Stat. 1386; Pub. L. 98-94, title XII, Sec. 1252(g), formerly Sec. 1252(f), Sept. 24, 1983, 97 Stat. 699, renumbered Sec. 1252(g), Pub. L. 101-510, div. A, title VII, Sec. 718(b)(1), Nov. 5, 1990, 104 Stat. 1586; Pub. L. 98-557, Sec. 17(f)(1), Oct. 30, 1984, 98 Stat. 2868, related to continued use of former Public Health Service facilities. Section 248d, Pub. L. 98-94, title XII, Sec. 1252, Sept. 24, 1983, 97 Stat. 698; Pub. L. 98-557, Sec. 17(f)(2), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 99-661, div. A, title VII, Sec. 706, Nov. 14, 1986, 100 Stat. 3905; Pub. L. 100-456, div. A, title VI, Sec. 645, Sept. 29, 1988, 102 Stat. 1988; Pub. L. 101-510, div. A, title VII, Sec. 718(a), (b), Nov. 5, 1990, 104 Stat. 1586, 1587; Pub. L. 102-25, title VII, Sec. 705(h), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103-160, div. A, title VII, Sec. 717(a), Nov. 30, 1993, 107 Stat. 1693; Pub. L. 104-106, div. A, title VII, Secs. 721, 722, 727, title XV, Sec. 1502(c)(8), Feb. 10, 1996, 110 Stat. 377, 380, 508, related to Public Health Service facilities providing medical care for dependents, members, and former members of uniformed services. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1997, see section 727(b) of Pub. L. 104- 201, set out in an Inclusion of Certain Designated Providers in Uniformed Services Health Care Delivery System note under section 1073 of Title 10, Armed Forces. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING REQUIREMENTS FOR UNIFORMED SERVICES TREATMENT FACILITIES Pub. L. 104-106, div. A, title VII, Sec. 726, Feb. 10, 1996, 110 Stat. 379, provided that the uniform managed care benefit fee and copayment schedule developed by Secretary of Defense for use in all managed care initiatives of military health service system be extended to managed care program of Uniformed Services Treatment Facility only after the later of the implementation of the TRICARE regional program covering service area of Facility or Oct. 1, 1996, and provided for evaluation of such extension by Comptroller General, prior to repeal by Pub. L. 104-201, div. A, title VII, Sec. 727(a)(4), Sept. 23, 1996, 110 Stat. 2596. MANAGED-CARE DELIVERY AND REIMBURSEMENT MODEL FOR THE UNIFORMED SERVICES TREATMENT FACILITIES Section 718(c) of Pub. L. 101-510, as amended by Pub. L. 102-484, div. A, title VII, Sec. 716, Oct. 23, 1992, 106 Stat. 2438; Pub. L. 103-160, div. A, title VII, Sec. 718, Nov. 30, 1993, 107 Stat. 1694; Pub. L. 104-106, div. A, title VII, Secs. 724(a), 725, Feb. 10, 1996, 110 Stat. 378, provided that not later than Nov. 5, 1990, the Secretary of Defense was to begin operation of a managed-care delivery and reimbursement model to continue to use Uniformed Services Treatment Facilities in the military health services system, prior to repeal by Pub. L. 104-201, div. A, title VII, Sec. 727(a)(3), Sept. 23, 1996, 110 Stat. 2596. -End- -CITE- 42 USC Sec. 249 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 249. Medical care and treatment of quarantined and detained persons -STATUTE- (a) Persons entitled to treatment Any person when detained in accordance with quarantine laws, or, at the request of the Immigration and Naturalization Service, any person detained by that Service, may be treated and cared for by the Public Health Service. (b) Temporary treatment in emergency cases Persons not entitled to treatment and care at institutions, hospitals, and stations of the Service may, in accordance with regulations of the Surgeon General, be admitted thereto for temporary treatment and care in case of emergency. (c) Authorization for outside treatment Persons whose care and treatment is authorized by subsection (a) of this section may, in accordance with regulations, receive such care and treatment at the expense of the Service from public or private medical or hospital facilities other than those of the Service, when authorized by the officer in charge of the station at which the application is made. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 322, 58 Stat. 696; June 25, 1948, ch. 654, Sec. 3, 62 Stat. 1018; Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1120; Pub. L. 88-424, Aug. 13, 1964, 78 Stat. 398; Pub. L. 90-174, Sec. 10(c), Dec. 5, 1967, 81 Stat. 541; Pub. L. 97-35, title IX, Sec. 986(a), (b)(1), (2), Aug. 13, 1981, 95 Stat. 603.) -MISC1- AMENDMENTS 1981 - Subsec. (a). Pub. L. 97-35, Sec. 986(a), (b)(2), redesignated subsec. (c) as (a). Former subsec. (a), which related to persons entitled to medical, etc., treatment and hospitalization, was struck out. Subsec. (b). Pub. L. 97-35, Sec. 986(a), (b)(2), redesignated subsec. (d) as (b). Former subsec. (b), which related to treatment for seamen on foreign-flag vessels, was struck out. Subsec. (c). Pub. L. 97-35, Sec. 986(b)(1), (2), redesignated subsec. (e) as (c), substituted "subsection (a)" for "subsection (c)", and struck out "entitled to care and treatment under subsection (a) of this section and persons" after "Persons". Former subsec. (c) redesignated (a). Subsecs. (d), (e). Pub. L. 97-35, Sec. 986(b)(2), redesignated subsecs. (d) and (e) as (b) and (c), respectively. 1967 - Subsec. (a)(7). Pub. L. 90-174 substituted provision for entitlement to treatment and hospitalization of seamen-trainees, while participating in maritime training programs to develop or enhance their employability in maritime industry, for provision for such entitlement of employees and noncommissioned officers in field service of Public Health Service when injured or taken sick in line of duty. 1964 - Subsec. (a)(8). Pub. L. 88-424 added par. (8). 1948 - Subsec. (e). Act June 25, 1948, permitted Service to provide for care and treatment of individuals detained in accordance with our quarantine laws. EFFECTIVE DATE OF 1981 AMENDMENT Section 986(c) of Pub. L. 97-35 provided that: "The amendments and repeals made by this section [amending this section and sections 201 and 254e of this title] shall take effect on October 1, 1981." -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department transferred, with a few exceptions, to Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by sections 1 and 2 of Reorg. Plan No. 2 of 1950, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, which were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. Immigration and Naturalization Service, referred to in this section, was a bureau in Department of Justice. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. -MISC2- CONTINUED CARE FOR MERCHANT SEAMEN HOSPITALIZED IN PUBLIC HEALTH SERVICE HOSPITALS Section 988 of Pub. L. 97-35 provided that: "(a) The Secretary shall provide, by contract or other arrangement with a Federal entity and without charge but subject to subsection (b), for the continuation of inpatient hospital services (and outpatient services related to the condition of hospitalization) to any individual who - "(1) on September 30, 1981, is receiving inpatient hospital services at a Public Health Service hospital on the basis of the entitlement contained in section 322(a) of the Public Health Service Act (42 U.S.C. 249(a)), as such section was in effect on such date, for treatment of a condition, "(2) requires continued hospitalization after such date for treatment of that condition (or requires outpatient services related to such condition), and "(3) the Secretary determines has no other source of inpatient hospital services available for continued treatment of that condition. "(b) Services may not be provided under subsection (a) to an individual after the earlier of - "(1) September 30, 1982, "(2) the end of the first 60-day consecutive period (beginning after September 30, 1981) during the entire period of which the individual is not an inpatient of a hospital. "(c) Notwithstanding any other provision of law, the head of any Federal department or agency which provides, under other authority of law and through federal facilities, inpatient hospital services or outpatient services, or both, is authorized to provide inpatient hospital services (and related outpatient services) to individuals under contract or other arrangement with the Secretary pursuant to this section." FOREIGN SEAMEN Section 810(c), formerly Sec. 710(c), of act July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720, which gave foreign seamen the same benefits as accorded seamen employed on United States vessels under subsec. (a)(1) of this section, was repealed effective Jan. 25, 1948, by Joint Res. July 25, 1947, ch. 327, Sec. 2(b), 61 Stat. 451. -End- -CITE- 42 USC Sec. 250 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 250. Medical care and treatment of Federal prisoners -STATUTE- The Service shall supervise and furnish medical treatment and other necessary medical, psychiatric, and related technical and scientific services, authorized by section 4005 of title 18, in penal and correctional institutions of the United States. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 323, 58 Stat. 697.) -COD- CODIFICATION "Section 4005 of title 18" substituted in text for "the Act of May 13, 1930, as amended (U.S.C., 1940 edition, title 18, secs. 751, 752)" on authority of act June 25, 1948, ch. 645, 62 Stat. 684, the first section of which enacted Title 18, Crimes and Criminal Procedure. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -End- -CITE- 42 USC Sec. 250a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 250a. Transfer of appropriations -STATUTE- The Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions. -SOURCE- (Pub. L. 112-55, div. B, title II, Nov. 18, 2011, 125 Stat. 610.) -COD- CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Public Health Service Act which comprises this chapter. Section was formerly classified to section 341h of title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 111-117, div. B, title II, Dec. 16, 2009, 123 Stat. 3129. Pub. L. 111-8, div. B, title II, Mar. 11, 2009, 123 Stat. 576. Pub. L. 110-161, div. B, title II, Dec. 26, 2007, 121 Stat. 1905. Pub. L. 109-108, title I, Nov. 22, 2005, 119 Stat. 2297. Pub. L. 108-447, div. B, title I, Dec. 8, 2004, 118 Stat. 2860. Pub. L. 108-199, div. B, title I, Jan. 23, 2004, 118 Stat. 53. Pub. L. 108-7, div. B, title I, Feb. 20, 2003, 117 Stat. 58. Pub. L. 107-77, title I, Nov. 28, 2001, 115 Stat. 757. Pub. L. 106-553, Sec. 1(a)(2) [title I], Dec. 21, 2000, 114 Stat. 2762, 2762A-60. Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A-13. Pub. L. 105-277, div. A, Sec. 101(b) [title I], Oct. 21, 1998, 112 Stat. 2681-50, 2681-60. Pub. L. 105-119, title I, Nov. 26, 1997, 111 Stat. 2449. Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I], Sept. 30, 1996, 110 Stat. 3009, 3009-11. Pub. L. 104-134, title I, Sec. 101[(a)] [title I], Apr. 26, 1996, 110 Stat. 1321, 1321-9; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103-317, title I, Aug. 26, 1994, 108 Stat. 1732. Pub. L. 103-121, title I, Oct. 27, 1993, 107 Stat. 1161. Pub. L. 102-395, title I, Oct. 6, 1992, 106 Stat. 1836. Pub. L. 102-140, title I, Oct. 28, 1991, 105 Stat. 790. Pub. L. 101-515, title II, Nov. 5, 1990, 104 Stat. 2114. Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 1000. Pub. L. 100-459, title II, Oct. 1, 1988, 102 Stat. 2196. Pub. L. 100-202, Sec. 101(a) [title II], Dec. 22, 1987, 101 Stat. 1329, 1329-13. Pub. L. 99-500, Sec. 101(b) [title II], Oct. 18, 1986, 100 Stat. 1783-39, 1783-49, and Pub. L. 99-591, Sec. 101(b) [title II], Oct. 30, 1986, 100 Stat. 3341-39, 3341-49. Pub. L. 99-180, title II, Dec. 13, 1985, 99 Stat. 1144. Pub. L. 98-411, title II, Aug. 30, 1984, 98 Stat. 1556. Pub. L. 98-166, title II, Nov. 28, 1983, 97 Stat. 1084. Pub. L. 97-377, Sec. 101(d) [S. 2956, title II], Dec. 21, 1982, 96 Stat. 1866. Pub. L. 97-92, Sec. 101(h) [incorporating Pub. L. 96-536, Sec. 101o; H.R. 7584, title II], Dec. 15, 1981, 95 Stat. 1190. Pub. L. 96-536, Sec. 101o [H.R. 7584, title II], Dec. 16, 1980, 94 Stat. 3169. Pub. L. 96-68, title II, Sept. 24, 1979, 93 Stat. 421. Pub. L. 95-431, title II, Oct. 10, 1978, 92 Stat. 1028. Pub. L. 95-86, title II, Aug. 2, 1977, 91 Stat. 427. Pub. L. 94-362, title II, July 14, 1976, 90 Stat. 945. Pub. L. 94-121, title II, Oct. 21, 1975, 89 Stat. 620. Pub. L. 93-433, title II, Oct. 5, 1974, 88 Stat. 1194. Pub. L. 93-162, title II, Nov. 27, 1973, 87 Stat. 643. Pub. L. 92-544, title II, Oct. 25, 1972, 86 Stat. 1116. Pub. L. 92-77, title II, Aug. 10, 1971, 85 Stat. 253. Pub. L. 91-472, title II, Oct. 21, 1970, 84 Stat. 1047. Pub. L. 91-153, title II, Dec. 24, 1969, 83 Stat. 410. Pub. L. 90-470, title II, Aug. 9, 1968, 82 Stat. 675. Pub. L. 90-133, title II, Nov. 8, 1967, 81 Stat. 418. Pub. L. 89-797, title II, Nov. 8, 1966, 80 Stat. 1487. Pub. L. 89-164, title II, Sept. 2, 1965, 79 Stat. 628. Pub. L. 88-527, title II, Aug. 31, 1964, 78 Stat. 719. Pub. L. 88-245, title II, Dec. 30, 1963, 77 Stat. 783. Pub. L. 87-843, title II, Oct. 18, 1962, 76 Stat. 1088. Pub. L. 87-264, title II, Sept. 21, 1961, 75 Stat. 553. Pub. L. 86-678, title II, Aug. 31, 1960, 74 Stat. 563. Pub. L. 86-84, title II, July 13, 1959, 73 Stat. 189. Pub. L. 85-474, title II, June 30, 1958, 72 Stat. 252. Pub. L. 85-49, title II, June 11, 1957, 71 Stat. 62. June 20, 1956, ch. 414, title II, 70 Stat. 307. July 7, 1955, ch. 279, title II, 69 Stat. 273. -End- -CITE- 42 USC Sec. 251 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 251. Medical examination and treatment of Federal employees; medical care at remote stations -STATUTE- (a) The Surgeon General is authorized to provide at institutions, hospitals, and station of the Service medical, surgical, and hospital services and supplies for persons entitled to treatment under subchapter I of Chapter 81 of title 5 and extensions thereof. The Surgeon General may also provide for making medical examinations of - (1) employees of the Federal Government for retirement purposes; (2) employees in the Federal classified service, and applicants for appointment, as requested by the Director of the Office of Personnel Management for the purpose of promoting health and efficiency; (3) seamen for purposes of qualifying for certificates of service; and (4) employees eligible for benefits under the Longshore and Harbor Workers' Compensation Act, as amended [33 U.S.C. 901 et seq.], as requested by any deputy commissioner thereunder. (b) The Secretary is authorized to provide medical, surgical, and dental treatment and hospitalization and optometric care for Federal employees (as defined in section 8901(1) of title 5) and their dependents at remote medical facilities of the Public Health Service where such care and treatment are not otherwise available. Such employees and their dependents who are not entitled to this care and treatment under any other provision of law shall be charged for it at rates established by the Secretary to reflect the reasonable cost of providing the care and treatment. Any payments pursuant to the preceding sentence shall be credited to the applicable appropriation to the Public Health Service for the year in which such payments are received. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 324, 58 Stat. 697; Pub. L. 90-174, Sec. 10(a), (b), Dec. 5, 1967, 81 Stat. 540; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 97-468, title VI, Sec. 615(b)(4), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98-426, Sec. 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.) -REFTEXT- REFERENCES IN TEXT The Longshore and Harbor Workers' Compensation Act, as amended, referred to in subsec. (a)(4), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended, which is classified generally to chapter 18 (Sec. 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables. -COD- CODIFICATION In subsec. (a), "subchapter I of chapter 81 of title 5" substituted for "United States Employees' Compensation Act" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1984 - Subsec. (a)(4). Pub. L. 98-426 substituted "Longshore and Harbor Workers' Compensation Act" for "Longshoremen's and Harbor Workers' Compensation Act". 1983 - Subsec. (a)(1). Pub. L. 97-468 struck out "employees of the Alaska Railroad and" before "employees of the Federal Government". 1967 - Subsec. (a). Pub. L. 90-174, Sec. 10(a), designated existing provisions as subsec. (a) and redesignated cls. (a) to (d) as cls. (1) to (4), respectively. Subsec. (b). Pub. L. 90-174, Sec. 10(b), added subsec. (b). EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-468 effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97-468. -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management" substituted for "Civil Service Commission" in subsec. (a)(2), pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -End- -CITE- 42 USC Sec. 252 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 252. Medical examination of aliens -STATUTE- The Surgeon General shall provide for making, at places within the United States or in other countries, such physical and mental examinations of aliens as are required by the immigration laws, subject to administrative regulations prescribed by the Attorney General and medical regulations prescribed by the Surgeon General with the approval of the Secretary. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 325, 58 Stat. 697; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) -TRANS- TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. -End- -CITE- 42 USC Sec. 253 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 253. Medical services to Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service -STATUTE- (a) Persons entitled to medical services Subject to regulations of the President - (1) commissioned officers, chief warrant officers, warrant officers, cadets, and enlisted personnel of the Regular Coast Guard on active duty, including those on shore duty and those on detached duty; and Regular, and temporary members of the United States Coast Guard Reserve when on active duty; (2) commissioned officers, ships' officers, and members of the crews of vessels of the National Oceanic and Atmospheric Administration on active duty, including those on shore duty and those on detached duty; and (3) commissioned officers of the Regular or Reserve Corps of the Public Health Service on active duty; shall be entitled to medical, surgical, and dental treatment and hospitalization by the Service. The Surgeon General may detail commissioned officers for duty aboard vessels of the Coast Guard or the National Oceanic and Atmospheric Administration. (b) Health care for involuntarily separated officers and dependents (1) The Secretary may provide health care for an officer of the Regular or Reserve Corps involuntarily separated from the Service, and for any dependent of such officer, if - (A) the officer or dependent was receiving health care at the expense of the Service at the time of separation; and (B) the Secretary finds that the officer or dependent is unable to obtain appropriate insurance for the conditions for which the officer or dependent was receiving health care. (2) Health care may be provided under paragraph (1) for a period of not more than one year from the date of separation of the officer from the Service. (c) Examination of personnel of Service assigned to Coast Guard or National Oceanic and Atmospheric Administration The Service shall provide all services referred to in subsection (a) of this section required by the Coast Guard or National Oceanic and Atmospheric Administration and shall perform all duties prescribed by statute in connection with the examinations to determine physical or mental condition for purposes of appointment, enlistment, and reenlistment, promotion and retirement, and officers of the Service assigned to duty on Coast Guard or National Oceanic and Atmospheric Administration vessels may extend aid to the crews of American vessels engaged in deep-sea fishing. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 326, 58 Stat. 697; June 7, 1956, ch. 374, Sec. 306(3), 70 Stat. 254; Pub. L. 86-415, Sec. 5(d), Apr. 8, 1960, 74 Stat. 34; Pub. L. 88-71, Sec. 2, July 19, 1963, 77 Stat. 83; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 99-117, Sec. 5, Oct. 7, 1985, 99 Stat. 492.) -MISC1- AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-117 added subsec. (b). 1963 - Subsec. (b). Pub. L. 88-71, Sec. 2(a), repealed subsec. (b) which provided for treatment of dependents of personnel. See section 253a(b) of this title. Subsec. (c). Pub. L. 88-71, Sec. 2(b), inserted "or Coast and Geodetic Survey" after "Coast Guard" in two places. 1960 - Subsec. (a). Pub. L. 86-415 struck out provisions which authorized medical, surgical, and dental care and hospitalization for retired personnel of Coast Guard, Coast and Geodetic Survey, and Public Health Service. 1956 - Subsec. (b). Act June 7, 1956, repealed subsec. (b) except insofar as it related to dependent members of families of ships' officers and members of crews of vessels of Coast and Geodetic Survey. -CHANGE- CHANGE OF NAME Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, abolished Environmental Science Services Administration, established National Oceanic and Atmospheric Administration, and redesignated Commissioned Officer Corps of ESSA as Commissioned Officer Corps of NOAA. For further details, see Transfer of Functions note set out under section 851 of Title 33, Navigation and Navigable Waters. -MISC2- EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act June 7, 1956, effective six months after June 7, 1956, see section 307 of act June 7, 1956. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -End- -CITE- 42 USC Sec. 253a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 253a. Medical services to retired personnel of National Oceanic and Atmospheric Administration -STATUTE- (a) Eligibility Subject to regulations of the President, retired ships' officers and retired members of the crews of vessels of the National Oceanic and Atmospheric Administration shall be entitled to medical, surgical, and dental treatment and hospitalization by the Public Health Service if the ships' officer or crew member, (1) was on active duty as a vessel employee of the National Oceanic and Atmospheric Administration on July 1, 1963, or on July 19, 1963, whichever is later, and his employment as a vessel employee was continuous from that date until retirement, or (2) was retired as a vessel employee of the National Oceanic and Atmospheric Administration on or before July 1, 1963, or on July 19, 1963, whichever is later. (b) Treatment of dependents of personnel Subject to regulations of the President, dependent members of families (as defined in such regulations) of ships' officers and members of crews of vessels of the National Oceanic and Atmospheric Administration, whether such, ships' officers and members of crew are on active duty or retired, shall be furnished medical advice and outpatient treatment by the Public Health Service and, if suitable accommodations are available, they shall also be furnished hospitalization by the Public Health Service if the ships' officer or crew member (1) was on active duty as a vessel employee of the National Oceanic and Atmospheric Administration on July 1, 1963, or on July 19, 1963, whichever is later, and his employment as a vessel employee has been continuous from that time, or (2) was on active duty as a vessel employee of the National Oceanic and Atmospheric Administration on July 1, 1963, or on July 19, 1963, whichever is later, and his employment as a vessel employee was continuous from that time until retirement, or (3) was retired as a vessel employee of the National Oceanic and Atmospheric Administration on or before July 1, 1963, or on July 19, 1963, whichever is later. When dependent members of families are hospitalized, a per diem charge, at such uniform rate as may be prescribed from time to time for the hospitalization of dependents of members of the uniformed services at hospitals of the uniformed services pursuant to section 1078(a) of title 10 shall be made. (c) Identification The National Oceanic and Atmospheric Administration shall furnish proper identification to those persons entitled to medical treatment under the provisions of this section. -SOURCE- (Pub. L. 88-71, Sec. 1, July 19, 1963, 77 Stat. 83; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 98-498, title III, Sec. 310(b), (c), Oct. 19, 1984, 98 Stat. 2306, 2307.) -COD- CODIFICATION Section was not enacted as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-498, Sec. 310(b), substituted "by the Public Health Service if" for "at facilities of the Public Health Service: Provided, That". Subsec. (b). Pub. L. 98-498, Sec. 310(c), struck out "at its hospitals and relief stations" before "and, if suitable accommodations" and substituted "by the Public Health Service if" for "at hospitals of the Public Health Service: Provided, That". -CHANGE- CHANGE OF NAME Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, abolished Environmental Science Services Administration, established National Oceanic and Atmospheric Administration, and redesignated Commissioned Officer Corps of ESSA as Commissioned Officer Corps of NOAA. For further details, see Transfer of Functions note set out under section 851 of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -EXEC- EX. ORD. NO. 11160. REGULATIONS RELATING TO MEDICAL CARE FOR RETIRED PERSONNEL OF COAST AND GEODETIC SURVEY [NOW NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION] AND THEIR DEPENDENTS Ex. Ord. No. 11160, July 6, 1964, 29 F.R. 9315, provided: By virtue of the authority vested in me by the first section of the Act of July 19, 1963 (Public Law 88-71, 77 Stat. 83, 42 U.S.C. 253a) [this section], and as President of the United States, I hereby prescribe the following regulations relating to the medical care of certain retired personnel of the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration] and dependents of Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration] ships' officers and crew members, both active and retired. Section 1. Definitions. As used in these regulations, the term: (1) "Retired ships' officer and retired crew member" means a noncommissioned ships' officer or crew member of a vessel of the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration] who either was on active duty as a vessel employee on July 19, 1963, and whose employment as such vessel employee was continuous from that date until the date of his retirement, or who had retired as a vessel employee on or before July 19, 1963. (2) "Active duty ships' officer and active duty crew member" means a noncommissioned ships' officer or crew member on active duty as a vessel employee of the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration] on July 19, 1963, and whose employment as such vessel employee has been continuous from that time. (3) "Dependent members of families", with respect to active duty or retired ships' officers or crew members, means: (A) the lawful wife; (B) the unmarried legitimate child, including an adopted child or stepchild, who has not passed his twenty-first birthday; and (C) the father or mother, if in fact dependent upon such active duty or retired ships' officer or crew member for over one-half of his or her support. (4) "Relief stations" means Public Health Service outpatient clinics and outpatient offices. (5) "Outpatient clinic" means a full-time outpatient medical facility, operated in Federally owned or leased space under the supervision of a commissioned medical officer or a full-time civil service medical officer (formerly known as a Second-Class Relief Station). (6) "Outpatient office" means a part-time outpatient facility serving all classes of legal beneficiaries, located in other than Federal space, and in the charge of a local private physician under contract to the Service to provide medical care on an annual or fee basis (formerly known as a Third-Class Relief Station). Sec. 2. Persons entitled to treatment. The following persons shall be entitled to medical care under these regulations: (1) Retired ships' officers and retired crew members of the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration]; (2) Dependent members of families of persons described in paragraph (1) of this section; (3) Dependent members of families of active duty ships' officers and crew members of the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration]. Sec. 3. Application for treatment; evidence of eligibility. Persons entitled to medical care under Section 2 of these regulations, when applying to Public Health Service medical care facilities for medical care, shall produce proper identification, as issued to them by the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration], and such identification shall be accepted as evidence of eligibility for such medical care by the Service. Sec. 4. Extent of treatment; retired ships' officers and crew members. Subject to the limitation imposed by paragraph (2) of this section, retired ships' officers and crew members entitled to medical care under these regulations shall be furnished: (1) Medical, surgical, and dental treatment at hospitals, outpatient clinics, and outpatient offices of the Service, and hospitalization at hospitals of the Service. The Service will not be responsible for defraying the cost of hospitalization, medical services, and supplies procured elsewhere. (2) Dental treatment shall be furnished to the extent that facilities and services at hospitals and outpatient clinics of the Service having full-time dental officers on duty are available to provide such treatment. At other Service facilities, dental treatment shall be limited to emergency measures necessary to relieve pain. Sec. 5. Extent of treatment; dependent members of families; charges. (a) Dependent members of families shall be furnished medical advice and outpatient treatment at hospitals, outpatient clinics, and outpatient offices of the Service and, if suitable accommodations are available, shall be furnished hospitalization at hospitals of the Service. The Service will not be responsible for defraying the cost of hospitalization, medical services, and supplies procured elsewhere. (b) For the purpose of this section - (1) Medical advice and outpatient treatment may include such services and supplies as the Medical Officer in Charge may deem to be necessary for reasonable and adequate treatment. (2) Hospitalization shall be furnished when, in the opinion of the Medical Officer in Charge, suitable accommodations are available and the condition of the patient is such as to require hospitalization. When hospitalization is authorized, it may include such services and supplies as the Medical Officer in Charge may deem to be necessary for reasonable and adequate treatment. (c) Charges shall be made for hospitalization of dependent members of families at the same per diem rate as is prescribed for dependents of members of the uniformed services pursuant to section 1078(a) of Title 10 of the United States Code. (d) Dental treatment may be furnished to the extent that facilities and services at hospitals and outpatient clinics of the Service having full-time dental officers are available to provide such treatment. Dental care will not be furnished under any circumstances in private facilities at the expense of the Service. Sec. 6. Prior orders. Executive Order No. 9703 of March 12, 1946, prescribing regulations relating to medical care of certain personnel of the Coast Guard, Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration], Public Health Service, and former Lighthouse Service, is hereby amended to the extent necessary to conform it to the provisions of this order. Lyndon B. Johnson. -End- -CITE- 42 USC Sec. 253b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 253b. Former Lighthouse Service employees; medical service eligibility -STATUTE- Subject to regulations of the President, lightkeepers, assistant lightkeepers, and officers and crews of vessels of the former Lighthouse Service, including any such persons who subsequent to June 30, 1939, were involuntarily assigned to other civilian duty in the Coast Guard, who were entitled to medical relief at hospitals and other stations of the Public Health Service prior to July 1, 1944, and who retired under the provisions of section 763 of title 33, shall be entitled to medical, surgical, and dental treatment and hospitalization at hospitals and other stations of the Public Health Service. -SOURCE- (Pub. L. 93-353, title I, Sec. 108(a), July 23, 1974, 88 Stat. 371.) -COD- CODIFICATION Section was enacted as a part of Health Services Research, Health Statistics, and Medical Libraries Act of 1974, and also as a part of Health Services Research and Evaluation and Health Statistics Act of 1974, and not as a part of the Public Health Service Act which comprises this chapter. -MISC1- EFFECTIVE DATE Section 108(b) of Pub. L. 93-353 provided that: "Subsection (a) [enacting this section] shall be effective from December 28, 1973." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -End- -CITE- 42 USC Sec. 254 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 254. Interdepartmental work -STATUTE- Nothing contained in this part shall affect the authority of the Service to furnish any materials, supplies, or equipment, or perform any work of services, requested in accordance with sections 1535 and 1536 of title 31, or the authority of any other executive department to furnish any materials, supplies, or equipment, or perform any work or services, requested by the Department of Health and Human Services for the Service in accordance with that section. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 327, 58 Stat. 697; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -COD- CODIFICATION "Sections 1535 and 1536 of title 31" substituted in text for "section 7 of the Act of May 21, 1920, as amended (U.S.C., 1940 edition, title 31, sec. 686)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -End- -CITE- 42 USC Sec. 254a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part C - Hospitals, Medical Examinations, and Medical Care -HEAD- Sec. 254a. Sharing of medical care facilities and resources -STATUTE- (a) Definitions For purposes of this section - (1) the term "specialized health resources" means health care resources (whether equipment, space, or personnel) which, because of cost, limited availability, or unusual nature, are either unique in the health care community or are subject to maximum utilization only through mutual use; (2) the term "hospital", unless otherwise specified, includes (in addition to other hospitals) any Federal hospital. (b) Statement of purpose; agreements or arrangements; reciprocity; reimbursement; credits For the purpose of maintaining or improving the quality of care in Public Health Service facilities and to provide a professional environment therein which will help to attract and retain highly qualified and talented health personnel, to encourage mutually beneficial relationships between Public Health Service facilities and hospitals and other health facilities in the health care community, and to promote the full utilization of hospitals and other health facilities and resources, the Secretary may - (1) enter into agreements or arrangements with schools of medicine, schools of osteopathic medicine, and with other health professions schools, agencies, or institutions, for such interchange or cooperative use of facilities and services on a reciprocal or reimbursable basis, as will be of benefit to the training or research programs of the participating agencies; and (2) enter into agreements or arrangements with hospitals and other health care facilities for the mutual use or the exchange of use of specialized health resources, and providing for reciprocal reimbursement. Any reimbursement pursuant to any such agreement or arrangement shall be based on charges covering the reasonable cost of such utilization, including normal depreciation and amortization costs of equipment. Any proceeds to the Government under this subsection shall be credited to the applicable appropriation of the Public Health Service for the year in which such proceeds are received. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 327A, formerly Sec. 328, as added Pub. L. 90-174, Sec. 7, Dec. 5, 1967, 81 Stat. 539; renumbered Sec. 327A, Pub. L. 95-626, title I, Sec. 113(a)(2), Nov. 10, 1978, 92 Stat. 3562; amended Pub. L. 100-607, title VI, Sec. 629(a)(1), Nov. 4, 1988, 102 Stat. 3146.) -MISC1- AMENDMENTS 1988 - Subsec. (b)(1). Pub. L. 100-607 inserted "schools of osteopathic medicine," after "schools of medicine," and "professions" after "health". AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF SHARING MEDICAL CARE FACILITIES AND RESOURCES Pub. L. 102-394, title II, Sec. 204, Oct. 6, 1992, 106 Stat. 1811, provided that: "Funds advanced to the National Institutes of Health Management Fund from appropriations in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be available for the expenses of sharing medical care facilities and resources pursuant to section 327A of the Public Health Service Act [42 U.S.C. 254a]." Similar provisions were contained in the following prior appropriation acts: Pub. L. 102-170, title II, Sec. 204, Nov. 26, 1991, 105 Stat. 1126. Pub. L. 101-517, title II, Sec. 204, Nov. 5, 1990, 104 Stat. 2208. Pub. L. 101-166, title II, Sec. 205, Nov. 21, 1989, 103 Stat. 1177. Pub. L. 100-202, Sec. 101(h) [title II, Sec. 205], Dec. 22, 1987, 101 Stat. 1329-256, 1329-274. Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 205], Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233, title II, Sec. 205], Oct. 30, 1986, 100 Stat. 3341-287. Pub. L. 99-178, title II, Sec. 205, Dec. 12, 1985, 99 Stat. 1119. Pub. L. 98-619, title II, Sec. 205, Nov. 8, 1984, 98 Stat. 3321. Pub. L. 98-139, title II, Sec. 205, Oct. 31, 1983, 97 Stat. 887. Pub. L. 97-377, title I, Sec. 101(e)(1) [title II, Sec. 205], Dec. 21, 1982, 96 Stat. 1878, 1894. -End- -CITE- 42 USC Part D - Primary Health Care 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care -HEAD- PART D - PRIMARY HEALTH CARE -End- -CITE- 42 USC subpart i - health centers 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- SUBPART I - HEALTH CENTERS -MISC1- AMENDMENTS 1996 - Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626, substituted "Health Centers" for "Primary Health Centers" in subpart heading. 1978 - Pub. L. 95-626, title I, Sec. 113(a)(3), Nov. 10, 1978, 92 Stat. 3562, added heading "Part D - Primary Health Care" and, immediately under it, heading "Subpart I - Primary Health Centers". -End- -CITE- 42 USC Sec. 254b 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254b. Health centers -STATUTE- (a) "Health center" defined (1) In general For purposes of this section, the term "health center" means an entity that serves a population that is medically underserved, or a special medically underserved population comprised of migratory and seasonal agricultural workers, the homeless, and residents of public housing, by providing, either through the staff and supporting resources of the center or through contracts or cooperative arrangements - (A) required primary health services (as defined in subsection (b)(1) of this section); and (B) as may be appropriate for particular centers, additional health services (as defined in subsection (b)(2) of this section) necessary for the adequate support of the primary health services required under subparagraph (A); for all residents of the area served by the center (hereafter referred to in this section as the "catchment area"). (2) Limitation The requirement in paragraph (1) to provide services for all residents within a catchment area shall not apply in the case of a health center receiving a grant only under subsection (g), (h), or (i) of this section. (b) Definitions For purposes of this section: (1) Required primary health services (A) In general The term "required primary health services" means - (i) basic health services which, for purposes of this section, shall consist of - (I) health services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians and where appropriate, physician assistants, nurse practitioners, and nurse midwives; (II) diagnostic laboratory and radiologic services; (III) preventive health services, including - (aa) prenatal and perinatal services; (bb) appropriate cancer screening; (cc) well-child services; (dd) immunizations against vaccine-preventable diseases; (ee) screenings for elevated blood lead levels, communicable diseases, and cholesterol; (ff) pediatric eye, ear, and dental screenings to determine the need for vision and hearing correction and dental care; (gg) voluntary family planning services; and (hh) preventive dental services; (IV) emergency medical services; and (V) pharmaceutical services as may be appropriate for particular centers; (ii) referrals to providers of medical services (including specialty referral when medically indicated) and other health- related services (including substance abuse and mental health services); (iii) patient case management services (including counseling, referral, and follow-up services) and other services designed to assist health center patients in establishing eligibility for and gaining access to Federal, State, and local programs that provide or financially support the provision of medical, social, housing, educational, or other related services; (iv) services that enable individuals to use the services of the health center (including outreach and transportation services and, if a substantial number of the individuals in the population served by a center are of limited English- speaking ability, the services of appropriate personnel fluent in the language spoken by a predominant number of such individuals); and (v) education of patients and the general population served by the health center regarding the availability and proper use of health services. (B) Exception With respect to a health center that receives a grant only under subsection (g) of this section, the Secretary, upon a showing of good cause, shall - (i) waive the requirement that the center provide all required primary health services under this paragraph; and (ii) approve, as appropriate, the provision of certain required primary health services only during certain periods of the year. (2) Additional health services The term "additional health services" means services that are not included as required primary health services and that are appropriate to meet the health needs of the population served by the health center involved. Such term may include - (A) behavioral and mental health and substance abuse services; (B) recuperative care services; (C) environmental health services, including - (i) the detection and alleviation of unhealthful conditions associated with - (I) water supply; (II) chemical and pesticide exposures; (III) air quality; or (IV) exposure to lead; (ii) sewage treatment; (iii) solid waste disposal; (iv) rodent and parasitic infestation; (v) field sanitation; (vi) housing; and (vii) other environmental factors related to health; and (D) in the case of health centers receiving grants under subsection (g) of this section, special occupation-related health services for migratory and seasonal agricultural workers, including - (i) screening for and control of infectious diseases, including parasitic diseases; and (ii) injury prevention programs, including prevention of exposure to unsafe levels of agricultural chemicals including pesticides. (3) Medically underserved populations (A) In general The term "medically underserved population" means the population of an urban or rural area designated by the Secretary as an area with a shortage of personal health services or a population group designated by the Secretary as having a shortage of such services. (B) Criteria In carrying out subparagraph (A), the Secretary shall prescribe criteria for determining the specific shortages of personal health services of an area or population group. Such criteria shall - (i) take into account comments received by the Secretary from the chief executive officer of a State and local officials in a State; and (ii) include factors indicative of the health status of a population group or residents of an area, the ability of the residents of an area or of a population group to pay for health services and their accessibility to them, and the availability of health professionals to residents of an area or to a population group. (C) Limitation The Secretary may not designate a medically underserved population in a State or terminate the designation of such a population unless, prior to such designation or termination, the Secretary provides reasonable notice and opportunity for comment and consults with - (i) the chief executive officer of such State; (ii) local officials in such State; and (iii) the organization, if any, which represents a majority of health centers in such State. (D) Permissible designation The Secretary may designate a medically underserved population that does not meet the criteria established under subparagraph (B) if the chief executive officer of the State in which such population is located and local officials of such State recommend the designation of such population based on unusual local conditions which are a barrier to access to or the availability of personal health services. (c) Planning grants (1) In general (A) Centers The Secretary may make grants to public and nonprofit private entities for projects to plan and develop health centers which will serve medically underserved populations. A project for which a grant may be made under this subsection may include the cost of the acquisition and lease of buildings and equipment (including the costs of amortizing the principal of, and paying the interest on, loans) and shall include - (i) an assessment of the need that the population proposed to be served by the health center for which the project is undertaken has for required primary health services and additional health services; (ii) the design of a health center program for such population based on such assessment; (iii) efforts to secure, within the proposed catchment area of such center, financial and professional assistance and support for the project; (iv) initiation and encouragement of continuing community involvement in the development and operation of the project; and (v) proposed linkages between the center and other appropriate provider entities, such as health departments, local hospitals, and rural health clinics, to provide better coordinated, higher quality, and more cost-effective health care services. (B) Managed care networks and plans The Secretary may make grants to health centers that receive assistance under this section to enable the centers to plan and develop a managed care network or plan. Such a grant may only be made for such a center if - (i) the center has received grants under subsection (e)(1)(A) of this section for at least 2 consecutive years preceding the year of the grant under this subparagraph or has otherwise demonstrated, as required by the Secretary, that such center has been providing primary care services for at least the 2 consecutive years immediately preceding such year; and (ii) the center provides assurances satisfactory to the Secretary that the provision of such services on a prepaid basis, or under another managed care arrangement, will not result in the diminution of the level or quality of health services provided to the medically underserved population served prior to the grant under this subparagraph. (C) Practice management networks The Secretary may make grants to health centers that receive assistance under this section to enable the centers to plan and develop practice management networks that will enable the centers to - (i) reduce costs associated with the provision of health care services; (ii) improve access to, and availability of, health care services provided to individuals served by the centers; (iii) enhance the quality and coordination of health care services; or (iv) improve the health status of communities. (D) Use of funds The activities for which a grant may be made under subparagraph (B) or (C) may include the purchase or lease of equipment, which may include data and information systems (including paying for the costs of amortizing the principal of, and paying the interest on, loans for equipment), the provision of training and technical assistance related to the provision of health care services on a prepaid basis or under another managed care arrangement, and other activities that promote the development of practice management or managed care networks and plans. (2) Limitation Not more than two grants may be made under this subsection for the same project, except that upon a showing of good cause, the Secretary may make additional grant awards. (3) Recognition of high poverty (A) In general In making grants under this subsection, the Secretary may recognize the unique needs of high poverty areas. (B) High poverty area defined For purposes of subparagraph (A), the term "high poverty area" means a catchment area which is established in a manner that is consistent with the factors in subsection (k)(3)(J), and the poverty rate of which is greater than the national average poverty rate as determined by the Bureau of the Census. (d) Loan guarantee program (1) Establishment (A) In general The Secretary shall establish a program under which the Secretary may, in accordance with this subsection and to the extent that appropriations are provided in advance for such program, guarantee up to 90 percent of the principal and interest on loans made by non-Federal lenders to health centers, funded under this section, for the costs of developing and operating managed care networks or plans described in subsection (c)(1)(B) of this section, or practice management networks described in subsection (c)(1)(C) of this section. (B) Use of funds Loan funds guaranteed under this subsection may be used - (i) to establish reserves for the furnishing of services on a pre-paid basis; (ii) for costs incurred by the center or centers, otherwise permitted under this section, as the Secretary determines are necessary to enable a center or centers to develop, operate, and own the network or plan; or (iii) to refinance an existing loan (as of the date of refinancing) to the center or centers, if the Secretary determines - (I) that such refinancing will be beneficial to the health center and the Federal Government; or (II) that the center (or centers) can demonstrate an ability to repay the refinanced loan equal to or greater than the ability of the center (or centers) to repay the original loan on the date the original loan was made. (C) Publication of guidance Prior to considering an application submitted under this subsection, the Secretary shall publish guidelines to provide guidance on the implementation of this section. The Secretary shall make such guidelines available to the universe of parties affected under this subsection, distribute such guidelines to such parties upon the request of such parties, and provide a copy of such guidelines to the appropriate committees of Congress. (D) Provision directly to networks or plans At the request of health centers receiving assistance under this section, loan guarantees provided under this paragraph may be made directly to networks or plans that are at least majority controlled and, as applicable, at least majority owned by those health centers. (E) Federal credit reform The requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) shall apply with respect to loans refinanced under subparagraph (B)(iii). (2) Protection of financial interests (A) In general The Secretary may not approve a loan guarantee for a project under this subsection unless the Secretary determines that - (i) the terms, conditions, security (if any), and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable, including a determination that the rate of interest does not exceed such percent per annum on the principal obligation outstanding as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States, except that the Secretary may not require as security any center asset that is, or may be, needed by the center or centers involved to provide health services; (ii) the loan would not be available on reasonable terms and conditions without the guarantee under this subsection; and (iii) amounts appropriated for the program under this subsection are sufficient to provide loan guarantees under this subsection. (B) Recovery of payments (i) In general The United States shall be entitled to recover from the applicant for a loan guarantee under this subsection the amount of any payment made pursuant to such guarantee, unless the Secretary for good cause waives such right of recovery (subject to appropriations remaining available to permit such a waiver) and, upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made. Amounts recovered under this clause shall be credited as reimbursements to the financing account of the program. (ii) Modification of terms and conditions To the extent permitted by clause (iii) and subject to the requirements of section 504(e) of the Credit Reform Act of 1990 (2 U.S.C. 661c(e)), any terms and conditions applicable to a loan guarantee under this subsection (including terms and conditions imposed under clause (iv)) may be modified or waived by the Secretary to the extent the Secretary determines it to be consistent with the financial interest of the United States. (iii) Incontestability Any loan guarantee made by the Secretary under this subsection shall be incontestable - (I) in the hands of an applicant on whose behalf such guarantee is made unless the applicant engaged in fraud or misrepresentation in securing such guarantee; and (II) as to any person (or successor in interest) who makes or contracts to make a loan to such applicant in reliance thereon unless such person (or successor in interest) engaged in fraud or misrepresentation in making or contracting to make such loan. (iv) Further terms and conditions Guarantees of loans under this subsection shall be subject to such further terms and conditions as the Secretary determines to be necessary to assure that the purposes of this section will be achieved. (3) Loan origination fees (A) In general The Secretary shall collect a loan origination fee with respect to loans to be guaranteed under this subsection, except as provided in subparagraph (C). (B) Amount The amount of a loan origination fee collected by the Secretary under subparagraph (A) shall be equal to the estimated long term cost of the loan guarantees involved to the Federal Government (excluding administrative costs), calculated on a net present value basis, after taking into account any appropriations that may be made for the purpose of offsetting such costs, and in accordance with the criteria used to award loan guarantees under this subsection. (C) Waiver The Secretary may waive the loan origination fee for a health center applicant who demonstrates to the Secretary that the applicant will be unable to meet the conditions of the loan if the applicant incurs the additional cost of the fee. (4) Defaults (A) In general Subject to the requirements of the Credit Reform Act of 1990 (!1) (2 U.S.C. 661 et seq.), the Secretary may take such action as may be necessary to prevent a default on a loan guaranteed under this subsection, including the waiver of regulatory conditions, deferral of loan payments, renegotiation of loans, and the expenditure of funds for technical and consultative assistance, for the temporary payment of the interest and principal on such a loan, and for other purposes. Any such expenditure made under the preceding sentence on behalf of a health center or centers shall be made under such terms and conditions as the Secretary shall prescribe, including the implementation of such organizational, operational, and financial reforms as the Secretary determines are appropriate and the disclosure of such financial or other information as the Secretary may require to determine the extent of the implementation of such reforms. (B) Foreclosure The Secretary may take such action, consistent with State law respecting foreclosure procedures and, with respect to reserves required for furnishing services on a prepaid basis, subject to the consent of the affected States, as the Secretary determines appropriate to protect the interest of the United States in the event of a default on a loan guaranteed under this subsection, except that the Secretary may only foreclose on assets offered as security (if any) in accordance with paragraph (2)(A)(i). (5) Limitation Not more than one loan guarantee may be made under this subsection for the same network or plan, except that upon a showing of good cause the Secretary may make additional loan guarantees. (6) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as may be necessary. (e) Operating grants (1) Authority (A) In general The Secretary may make grants for the costs of the operation of public and nonprofit private health centers that provide health services to medically underserved populations. (B) Entities that fail to meet certain requirements The Secretary may make grants, for a period of not to exceed 2 years, for the costs of the operation of public and nonprofit private entities which provide health services to medically underserved populations but with respect to which the Secretary is unable to make each of the determinations required by subsection (k)(3) of this section. (C) Operation of networks and plans The Secretary may make grants to health centers that receive assistance under this section, or at the request of the health centers, directly to a network or plan (as described in subparagraphs (B) and (C) of subsection (c)(1) of this section) that is at least majority controlled and, as applicable, at least majority owned by such health centers receiving assistance under this section, for the costs associated with the operation of such network or plan, including the purchase or lease of equipment (including the costs of amortizing the principal of, and paying the interest on, loans for equipment). (2) Use of funds The costs for which a grant may be made under subparagraph (A) or (B) of paragraph (1) may include the costs of acquiring and leasing buildings and equipment (including the costs of amortizing the principal of, and paying interest on, loans), and the costs of providing training related to the provision of required primary health services and additional health services and to the management of health center programs. (3) Construction The Secretary may award grants which may be used to pay the costs associated with expanding and modernizing existing buildings or constructing new buildings (including the costs of amortizing the principal of, and paying the interest on, loans) for projects approved prior to October 1, 1996. (4) Limitation Not more than two grants may be made under subparagraph (B) of paragraph (1) for the same entity. (5) Amount (A) In general The amount of any grant made in any fiscal year under subparagraphs (A) and (B) of paragraph (1) to a health center shall be determined by the Secretary, but may not exceed the amount by which the costs of operation of the center in such fiscal year exceed the total of - (i) State, local, and other operational funding provided to the center; and (ii) the fees, premiums, and third-party reimbursements, which the center may reasonably be expected to receive for its operations in such fiscal year. (B) Networks and plans The total amount of grant funds made available for any fiscal year under paragraph (1)(C) and subparagraphs (B) and (C) of subsection (c)(1) of this section to a health center or to a network or plan shall be determined by the Secretary, but may not exceed 2 percent of the total amount appropriated under this section for such fiscal year. (C) Payments Payments under grants under subparagraph (A) or (B) of paragraph (1) shall be made in advance or by way of reimbursement and in such installments as the Secretary finds necessary and adjustments may be made for overpayments or underpayments. (D) Use of nongrant funds Nongrant funds described in clauses (i) and (ii) of subparagraph (A), including any such funds in excess of those originally expected, shall be used as permitted under this section, and may be used for such other purposes as are not specifically prohibited under this section if such use furthers the objectives of the project. (f) Infant mortality grants (1) In general The Secretary may make grants to health centers for the purpose of assisting such centers in - (A) providing comprehensive health care and support services for the reduction of - (i) the incidence of infant mortality; and (ii) morbidity among children who are less than 3 years of age; and (B) developing and coordinating service and referral arrangements between health centers and other entities for the health management of pregnant women and children described in subparagraph (A). (2) Priority In making grants under this subsection the Secretary shall give priority to health centers providing services to any medically underserved population among which there is a substantial incidence of infant mortality or among which there is a significant increase in the incidence of infant mortality. (3) Requirements The Secretary may make a grant under this subsection only if the health center involved agrees that - (A) the center will coordinate the provision of services under the grant to each of the recipients of the services; (B) such services will be continuous for each such recipient; (C) the center will provide follow-up services for individuals who are referred by the center for services described in paragraph (1); (D) the grant will be expended to supplement, and not supplant, the expenditures of the center for primary health services (including prenatal care) with respect to the purpose described in this subsection; and (E) the center will coordinate the provision of services with other maternal and child health providers operating in the catchment area. (g) Migratory and seasonal agricultural workers (1) In general The Secretary may award grants for the purposes described in subsections (c), (e), and (f) of this section for the planning and delivery of services to a special medically underserved population comprised of - (A) migratory agricultural workers, seasonal agricultural workers, and members of the families of such migratory and seasonal agricultural workers who are within a designated catchment area; and (B) individuals who have previously been migratory agricultural workers but who no longer meet the requirements of subparagraph (A) of paragraph (3) because of age or disability and members of the families of such individuals who are within such catchment area. (2) Environmental concerns The Secretary may enter into grants or contracts under this subsection with public and private entities to - (A) assist the States in the implementation and enforcement of acceptable environmental health standards, including enforcement of standards for sanitation in migratory agricultural worker and seasonal agricultural worker labor camps, and applicable Federal and State pesticide control standards; and (B) conduct projects and studies to assist the several States and entities which have received grants or contracts under this section in the assessment of problems related to camp and field sanitation, exposure to unsafe levels of agricultural chemicals including pesticides, and other environmental health hazards to which migratory agricultural workers and seasonal agricultural workers, and members of their families, are exposed. (3) Definitions For purposes of this subsection: (A) Migratory agricultural worker The term "migratory agricultural worker" means an individual whose principal employment is in agriculture, who has been so employed within the last 24 months, and who establishes for the purposes of such employment a temporary abode. (B) Seasonal agricultural worker The term "seasonal agricultural worker" means an individual whose principal employment is in agriculture on a seasonal basis and who is not a migratory agricultural worker. (C) Agriculture The term "agriculture" means farming in all its branches, including - (i) cultivation and tillage of the soil; (ii) the production, cultivation, growing, and harvesting of any commodity grown on, in, or as an adjunct to or part of a commodity grown in or on, the land; and (iii) any practice (including preparation and processing for market and delivery to storage or to market or to carriers for transportation to market) performed by a farmer or on a farm incident to or in conjunction with an activity described in clause (ii). (h) Homeless population (1) In general The Secretary may award grants for the purposes described in subsections (c), (e), and (f) of this section for the planning and delivery of services to a special medically underserved population comprised of homeless individuals, including grants for innovative programs that provide outreach and comprehensive primary health services to homeless children and youth and children and youth at risk of homelessness. (2) Required services In addition to required primary health services (as defined in subsection (b)(1) of this section), an entity that receives a grant under this subsection shall be required to provide substance abuse services as a condition of such grant. (3) Supplement not supplant requirement A grant awarded under this subsection shall be expended to supplement, and not supplant, the expenditures of the health center and the value of in kind contributions for the delivery of services to the population described in paragraph (1). (4) Temporary continued provision of services to certain former homeless individuals If any grantee under this subsection has provided services described in this section under the grant to a homeless individual, such grantee may, notwithstanding that the individual is no longer homeless as a result of becoming a resident in permanent housing, expend the grant to continue to provide such services to the individual for not more than 12 months. (5) Definitions For purposes of this section: (A) Homeless individual The term "homeless individual" means an individual who lacks housing (without regard to whether the individual is a member of a family), including an individual whose primary residence during the night is a supervised public or private facility that provides temporary living accommodations and an individual who is a resident in transitional housing. (B) Substance abuse The term "substance abuse" has the same meaning given such term in section 290cc-34(4) of this title. (C) Substance abuse services The term "substance abuse services" includes detoxification, risk reduction, outpatient treatment, residential treatment, and rehabilitation for substance abuse provided in settings other than hospitals. (i) Residents of public housing (1) In general The Secretary may award grants for the purposes described in subsections (c), (e), and (f) of this section for the planning and delivery of services to a special medically underserved population comprised of residents of public housing (such term, for purposes of this subsection, shall have the same meaning given such term in section 1437a(b)(1) of this title) and individuals living in areas immediately accessible to such public housing. (2) Supplement not supplant A grant awarded under this subsection shall be expended to supplement, and not supplant, the expenditures of the health center and the value of in kind contributions for the delivery of services to the population described in paragraph (1). (3) Consultation with residents The Secretary may not make a grant under paragraph (1) unless, with respect to the residents of the public housing involved, the applicant for the grant - (A) has consulted with the residents in the preparation of the application for the grant; and (B) agrees to provide for ongoing consultation with the residents regarding the planning and administration of the program carried out with the grant. (j) Access grants (1) In general The Secretary may award grants to eligible health centers with a substantial number of clients with limited English speaking proficiency to provide translation, interpretation, and other such services for such clients with limited English speaking proficiency. (2) Eligible health center In this subsection, the term "eligible health center" means an entity that - (A) is a health center as defined under subsection (a) of this section; (B) provides health care services for clients for whom English is a second language; and (C) has exceptional needs with respect to linguistic access or faces exceptional challenges with respect to linguistic access. (3) Grant amount The amount of a grant awarded to a center under this subsection shall be determined by the Administrator. Such determination of such amount shall be based on the number of clients for whom English is a second language that is served by such center, and larger grant amounts shall be awarded to centers serving larger numbers of such clients. (4) Use of funds An eligible health center that receives a grant under this subsection may use funds received through such grant to - (A) provide translation, interpretation, and other such services for clients for whom English is a second language, including hiring professional translation and interpretation services; and (B) compensate bilingual or multilingual staff for language assistance services provided by the staff for such clients. (5) Application An eligible health center desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including - (A) an estimate of the number of clients that the center serves for whom English is a second language; (B) the ratio of the number of clients for whom English is a second language to the total number of clients served by the center; (C) a description of any language assistance services that the center proposes to provide to aid clients for whom English is a second language; and (D) a description of the exceptional needs of such center with respect to linguistic access or a description of the exceptional challenges faced by such center with respect to linguistic access. (6) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, in addition to any funds authorized to be appropriated or appropriated for health centers under any other subsection of this section, such sums as may be necessary for each of fiscal years 2002 through 2006. (k) Applications (1) Submission No grant may be made under this section unless an application therefore is submitted to, and approved by, the Secretary. Such an application shall be submitted in such form and manner and shall contain such information as the Secretary shall prescribe. (2) Description of need An application for a grant under subparagraph (A) or (B) of subsection (e)(1) of this section for a health center shall include - (A) a description of the need for health services in the catchment area of the center; (B) a demonstration by the applicant that the area or the population group to be served by the applicant has a shortage of personal health services; and (C) a demonstration that the center will be located so that it will provide services to the greatest number of individuals residing in the catchment area or included in such population group. Such a demonstration shall be made on the basis of the criteria prescribed by the Secretary under subsection (b)(3) of this section or on any other criteria which the Secretary may prescribe to determine if the area or population group to be served by the applicant has a shortage of personal health services. In considering an application for a grant under subparagraph (A) or (B) of subsection (e)(1) of this section, the Secretary may require as a condition to the approval of such application an assurance that the applicant will provide any health service defined under paragraphs (1) and (2) of subsection (b) of this section that the Secretary finds is needed to meet specific health needs of the area to be served by the applicant. Such a finding shall be made in writing and a copy shall be provided to the applicant. (3) Requirements Except as provided in subsection (e)(1)(B) of this section, the Secretary may not approve an application for a grant under subparagraph (A) or (B) of subsection (e)(1) of this section unless the Secretary determines that the entity for which the application is submitted is a health center (within the meaning of subsection (a) of this section) and that - (A) the required primary health services of the center will be available and accessible in the catchment area of the center promptly, as appropriate, and in a manner which assures continuity; (B) the center has made and will continue to make every reasonable effort to establish and maintain collaborative relationships with other health care providers in the catchment area of the center; (C) the center will have an ongoing quality improvement system that includes clinical services and management, and that maintains the confidentiality of patient records; (D) the center will demonstrate its financial responsibility by the use of such accounting procedures and other requirements as may be prescribed by the Secretary; (E) the center - (i)(I) has or will have a contractual or other arrangement with the agency of the State, in which it provides services, which administers or supervises the administration of a State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the payment of all or a part of the center's costs in providing health services to persons who are eligible for medical assistance under such a State plan; and (II) has or will have a contractual or other arrangement with the State agency administering the program under title XXI of such Act (42 U.S.C. 1397aa et seq.) with respect to individuals who are State children's health insurance program beneficiaries; or (ii) has made or will make every reasonable effort to enter into arrangements described in subclauses (I) and (II) of clause (i); (F) the center has made or will make and will continue to make every reasonable effort to collect appropriate reimbursement for its costs in providing health services to persons who are entitled to insurance benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.], to medical assistance under a State plan approved under title XIX of such Act [42 U.S.C. 1396 et seq.], or to assistance for medical expenses under any other public assistance program or private health insurance program; (G) the center - (i) has prepared a schedule of fees or payments for the provision of its services consistent with locally prevailing rates or charges and designed to cover its reasonable costs of operation and has prepared a corresponding schedule of discounts to be applied to the payment of such fees or payments, which discounts are adjusted on the basis of the patient's ability to pay; (ii) has made and will continue to make every reasonable effort - (I) to secure from patients payment for services in accordance with such schedules; and (II) to collect reimbursement for health services to persons described in subparagraph (F) on the basis of the full amount of fees and payments for such services without application of any discount; (iii)(I) will assure that no patient will be denied health care services due to an individual's inability to pay for such services; and (II) will assure that any fees or payments required by the center for such services will be reduced or waived to enable the center to fulfill the assurance described in subclause (I); and (iv) has submitted to the Secretary such reports as the Secretary may require to determine compliance with this subparagraph; (H) the center has established a governing board which except in the case of an entity operated by an Indian tribe or tribal or Indian organization under the Indian Self-Determination Act [25 U.S.C. 450f et seq.] or an urban Indian organization under the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.) - (i) is composed of individuals, a majority of whom are being served by the center and who, as a group, represent the individuals being served by the center; (ii) meets at least once a month, selects the services to be provided by the center, schedules the hours during which such services will be provided, approves the center's annual budget, approves the selection of a director for the center, and, except in the case of a governing board of a public center (as defined in the second sentence of this paragraph), establishes general policies for the center; and (iii) in the case of an application for a second or subsequent grant for a public center, has approved the application or if the governing body has not approved the application, the failure of the governing body to approve the application was unreasonable; except that, upon a showing of good cause the Secretary shall waive, for the length of the project period, all or part of the requirements of this subparagraph in the case of a health center that receives a grant pursuant to subsection (g), (h), (i), or (p) of this section; (I) the center has developed - (i) an overall plan and budget that meets the requirements of the Secretary; and (ii) an effective procedure for compiling and reporting to the Secretary such statistics and other information as the Secretary may require relating to - (I) the costs of its operations; (II) the patterns of use of its services; (III) the availability, accessibility, and acceptability of its services; and (IV) such other matters relating to operations of the applicant as the Secretary may require; (J) the center will review periodically its catchment area to - (i) ensure that the size of such area is such that the services to be provided through the center (including any satellite) are available and accessible to the residents of the area promptly and as appropriate; (ii) ensure that the boundaries of such area conform, to the extent practicable, to relevant boundaries of political subdivisions, school districts, and Federal and State health and social service programs; and (iii) ensure that the boundaries of such area eliminate, to the extent possible, barriers to access to the services of the center, including barriers resulting from the area's physical characteristics, its residential patterns, its economic and social grouping, and available transportation; (K) in the case of a center which serves a population including a substantial proportion of individuals of limited English-speaking ability, the center has - (i) developed a plan and made arrangements responsive to the needs of such population for providing services to the extent practicable in the language and cultural context most appropriate to such individuals; and (ii) identified an individual on its staff who is fluent in both that language and in English and whose responsibilities shall include providing guidance to such individuals and to appropriate staff members with respect to cultural sensitivities and bridging linguistic and cultural differences; (L) the center, has developed an ongoing referral relationship with one or more hospitals; and (M) the center encourages persons receiving or seeking health services from the center to participate in any public or private (including employer-offered) health programs or plans for which the persons are eligible, so long as the center, in complying with this subparagraph, does not violate the requirements of subparagraph (G)(iii)(I). For purposes of subparagraph (H), the term "public center" means a health center funded (or to be funded) through a grant under this section to a public agency. (4) Approval of new or expanded service applications The Secretary shall approve applications for grants under subparagraph (A) or (B) of subsection (e)(1) of this section for health centers which - (A) have not received a previous grant under such subsection; or (B) have applied for such a grant to expand their services; in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by such centers to the medically underserved populations in urban areas which may be expected to use the services provided by such centers is not less than two to three or greater than three to two. (l) Technical assistance The Secretary shall establish a program through which the Secretary shall provide (either through the Department of Health and Human Services or by grant or contract) technical and other assistance to eligible entities to assist such entities to meet the requirements of subsection (k)(3) of this section. Services provided through the program may include necessary technical and nonfinancial assistance, including fiscal and program management assistance, training in fiscal and program management, operational and administrative support, and the provision of information to the entities of the variety of resources available under this subchapter and how those resources can be best used to meet the health needs of the communities served by the entities. (m) Memorandum of agreement In carrying out this section, the Secretary may enter into a memorandum of agreement with a State. Such memorandum may include, where appropriate, provisions permitting such State to - (1) analyze the need for primary health services for medically underserved populations within such State; (2) assist in the planning and development of new health centers; (3) review and comment upon annual program plans and budgets of health centers, including comments upon allocations of health care resources in the State; (4) assist health centers in the development of clinical practices and fiscal and administrative systems through a technical assistance plan which is responsive to the requests of health centers; and (5) share information and data relevant to the operation of new and existing health centers. (n) Records (1) In general Each entity which receives a grant under subsection (e) of this section shall establish and maintain such records as the Secretary shall require. (2) Availability Each entity which is required to establish and maintain records under this subsection shall make such books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying or mechanical reproduction on or off the premises of such entity upon a reasonable request therefore. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have the authority to conduct such examination, copying, and reproduction. (o) Delegation of authority The Secretary may delegate the authority to administer the programs authorized by this section to any office, except that the authority to enter into, modify, or issue approvals with respect to grants or contracts may be delegated only within the central office of the Health Resources and Services Administration. (p) Special consideration In making grants under this section, the Secretary shall give special consideration to the unique needs of sparsely populated rural areas, including giving priority in the awarding of grants for new health centers under subsections (c) and (e) of this section, and the granting of waivers as appropriate and permitted under subsections (b)(1)(B)(i) and (k)(3)(G) of this section. (q) Audits (1) In general Each entity which receives a grant under this section shall provide for an independent annual financial audit of any books, accounts, financial records, files, and other papers and property which relate to the disposition or use of the funds received under such grant and such other funds received by or allocated to the project for which such grant was made. For purposes of assuring accurate, current, and complete disclosure of the disposition or use of the funds received, each such audit shall be conducted in accordance with generally accepted accounting principles. Each audit shall evaluate - (A) the entity's implementation of the guidelines established by the Secretary respecting cost accounting, (B) the processes used by the entity to meet the financial and program reporting requirements of the Secretary, and (C) the billing and collection procedures of the entity and the relation of the procedures to its fee schedule and schedule of discounts and to the availability of health insurance and public programs to pay for the health services it provides. A report of each such audit shall be filed with the Secretary at such time and in such manner as the Secretary may require. (2) Records Each entity which receives a grant under this section shall establish and maintain such records as the Secretary shall by regulation require to facilitate the audit required by paragraph (1). The Secretary may specify by regulation the form and manner in which such records shall be established and maintained. (3) Availability of records Each entity which is required to establish and maintain records or to provide for and (!2) audit under this subsection shall make such books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying or mechanical reproduction on or off the premises of such entity upon a reasonable request therefore. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have the authority to conduct such examination, copying, and reproduction. (4) Waiver The Secretary may, under appropriate circumstances, waive the application of all or part of the requirements of this subsection with respect to an entity. (r) Authorization of appropriations (1) General amounts for grants For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d), there is authorized to be appropriated the following: (A) For fiscal year 2010, $2,988,821,592. (B) For fiscal year 2011, $3,862,107,440. (C) For fiscal year 2012, $4,990,553,440. (D) For fiscal year 2013, $6,448,713,307. (E) For fiscal year 2014, $7,332,924,155. (F) For fiscal year 2015, $8,332,924,155. (G) For fiscal year 2016, and each subsequent fiscal year, the amount appropriated for the preceding fiscal year adjusted by the product of - (i) one plus the average percentage increase in costs incurred per patient served; and (ii) one plus the average percentage increase in the total number of patients served. (2) Special provisions (A) Public centers The Secretary may not expend in any fiscal year, for grants under this section to public centers (as defined in the second sentence of subsection (k)(3) of this section) the governing boards of which (as described in subsection (k)(3)(H) of this section) do not establish general policies for such centers, an amount which exceeds 5 percent of the amounts appropriated under this section for that fiscal year. For purposes of applying the preceding sentence, the term "public centers" shall not include health centers that receive grants pursuant to subsection (h) or (i) of this section. (B) Distribution of grants For fiscal year 2002 and each of the following fiscal years, the Secretary, in awarding grants under this section, shall ensure that the proportion of the amount made available under each of subsections (g), (h), and (i) of this section, relative to the total amount appropriated to carry out this section for that fiscal year, is equal to the proportion of the amount made available under that subsection for fiscal year 2001, relative to the total amount appropriated to carry out this section for fiscal year 2001. (3) Funding report The Secretary shall annually prepare and submit to the appropriate committees of Congress a report concerning the distribution of funds under this section that are provided to meet the health care needs of medically underserved populations, including the homeless, residents of public housing, and migratory and seasonal agricultural workers, and the appropriateness of the delivery systems involved in responding to the needs of the particular populations. Such report shall include an assessment of the relative health care access needs of the targeted populations and the rationale for any substantial changes in the distribution of funds. (4) Rule of construction with respect to rural health clinics (A) In general Nothing in this section shall be construed to prevent a community health center from contracting with a Federally certified rural health clinic (as defined in section 1861(aa)(2) of the Social Security Act [42 U.S.C. 1395x(aa)(2)]), a low-volume hospital (as defined for purposes of section 1886 of such Act [42 U.S.C. 1395ww]), a critical access hospital, a sole community hospital (as defined for purposes of section 1886(d)(5)(D)(iii) of such Act), or a medicare-dependent share hospital (as defined for purposes of section 1886(d)(5)(G)(iv) of such Act) for the delivery of primary health care services that are available at the clinic or hospital to individuals who would otherwise be eligible for free or reduced cost care if that individual were able to obtain that care at the community health center. Such services may be limited in scope to those primary health care services available in that clinic or hospitals.(!3) (B) Assurances In order for a clinic or hospital to receive funds under this section through a contract with a community health center under subparagraph (A), such clinic or hospital shall establish policies to ensure - (i) nondiscrimination based on the ability of a patient to pay; and (ii) the establishment of a sliding fee scale for low- income patients. (s) Demonstration program for individualized wellness plans (1) In general The Secretary shall establish a pilot program to test the impact of providing at-risk populations who utilize community health centers funded under this section an individualized wellness plan that is designed to reduce risk factors for preventable conditions as identified by a comprehensive risk- factor assessment. (2) Agreements The Secretary shall enter into agreements with not more than 10 community health centers funded under this section to conduct activities under the pilot program under paragraph (1). (3) Wellness plans (A) In general An individualized wellness plan prepared under the pilot program under this subsection may include one or more of the following as appropriate to the individual's identified risk factors: (i) Nutritional counseling. (ii) A physical activity plan. (iii) Alcohol and smoking cessation counseling and services. (iv) Stress management. (v) Dietary supplements that have health claims approved by the Secretary. (vi) Compliance assistance provided by a community health center employee. (B) Risk factors Wellness plan risk factors shall include - (i) weight; (ii) tobacco and alcohol use; (iii) exercise rates; (iv) nutritional status; and (v) blood pressure. (C) Comparisons Individualized wellness plans shall make comparisons between the individual involved and a control group of individuals with respect to the risk factors described in subparagraph (B). (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection, such sums as may be necessary. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330, as added Pub. L. 104- 299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626; amended Pub. L. 107- 251, title I, Sec. 101, Oct. 26, 2002, 116 Stat. 1622; Pub. L. 108- 163, Sec. 2(a), Dec. 6, 2003, 117 Stat. 2020; Pub. L. 110-355, Sec. 2(a), (c)(1), Oct. 8, 2008, 122 Stat. 3988, 3992; Pub. L. 111- 148, title IV, Sec. 4206, title V, Sec. 5601, Mar. 23, 2010, 124 Stat. 576, 676.) -REFTEXT- REFERENCES IN TEXT The Federal Credit Reform Act of 1990, referred to in subsec. (d)(1)(E), is title V of Pub. L. 93-344, as added by Pub. L. 101- 508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which is classified generally to subchapter III (Sec. 661 et seq.) of chapter 17A of Title 2, The Congress. The Credit Reform Act of 1990, referred to in subsec. (d)(4)(A), probably means the Federal Credit Reform Act of 1990. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables. The Social Security Act, referred to in subsec. (k)(3)(E)(i), (F), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (Sec. 1395 et seq.), XIX (Sec. 1396 et seq.), and XXI (Sec. 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Indian Self-Determination Act, referred to in subsec. (k)(3)(H), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to part A (Sec. 450f et seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables. The Indian Health Care Improvement Act, referred to in subsec. (k)(3)(H), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (Sec. 1601 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables. -MISC1- PRIOR PROVISIONS A prior section 254a-1, act July 1, 1944, ch. 373, title III, Sec. 328, as added Nov. 10, 1978, Pub. L. 95-626, title I, Sec. 114, 92 Stat. 3563; amended Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, related to hospital-affiliated primary care centers, prior to repeal by Pub. L. 99-117, Sec. 12(c), Oct. 7, 1985, 99 Stat. 495. A prior section 254b, act July 1, 1944, ch. 373, title III, Sec. 329, formerly Sec. 310, as added Sept. 25, 1962, Pub. L. 87-692, 76 Stat. 592; amended Aug. 5, 1965, Pub. L. 89-109, Sec. 3, 79 Stat. 436; Oct. 15, 1968, Pub. L. 90-574, title II, Sec. 201, 82 Stat. 1006; Mar. 12, 1970, Pub. L. 91-209, 84 Stat. 52; June 18, 1973, Pub. L. 93-45, title I, Sec. 105, 87 Stat. 91; renumbered Sec. 319, July 23, 1974, Pub. L. 93-353, title I, Sec. 102(d), 88 Stat. 362; amended July 29, 1975, Pub. L. 94-63, title IV, Sec. 401(a), title VII, Sec. 701(c), 89 Stat. 334, 352; Apr. 22, 1976, Pub. L. 94-278, title VIII, Sec. 801(a), 90 Stat. 414; Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 303, 91 Stat. 388; renumbered Sec. 329 and amended Nov. 10, 1978, Pub. L. 95-626, title I, Secs. 102(a), 103(a)- (g)(1)(B), (2), (h), (i), 92 Stat. 3551-3555; July 10, 1979, Pub. L. 96-32, Sec. 6(a), 93 Stat. 83; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 930, 95 Stat. 569; Dec. 21, 1982, Pub. L. 97-375, title I, Sec. 107(b), 96 Stat. 1820; Apr. 24, 1986, Pub. L. 99-280, Secs. 6, 7, 100 Stat. 400, 401; Aug. 10, 1988, Pub. L. 100-386, Sec. 2, 102 Stat. 919; Nov. 6, 1990, Pub. L. 101-527, Sec. 9(b), 104 Stat. 2333; Oct. 27, 1992, Pub. L. 102-531, title III, Sec. 309(a), 106 Stat. 3499, related to migrant health centers, prior to the general amendment of this subpart by Pub. L. 104-299, Sec. 2. Another prior section 254b, act July 1, 1944, ch. 373, title III, Sec. 329, as added Dec. 31, 1970, Pub. L. 91-623, Sec. 2, 84 Stat. 1868; amended Nov. 18, 1971, Pub. L. 92-157, title II, Sec. 203, 85 Stat. 462; Oct. 27, 1972, Pub. L. 92-585, Sec. 2, 86 Stat. 1290; July 29, 1975, Pub. L. 94-63, title VIII, Secs. 801-803, 89 Stat. 353, 354; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(b), 90 Stat. 2244, related to establishment of National Health Service Corps, assignment of personnel and statement of purpose, prior to repeal by Pub. L. 94-484, title IV, Sec. 407(b)(1), Oct. 12, 1976, 90 Stat. 2268. See section 254d et seq. of this title. A prior section 330 of act July 1, 1944, was classified to section 254c of this title prior to the general amendment of this subpart by Pub. L. 104-299. AMENDMENTS 2010 - Subsec. (r)(1). Pub. L. 111-148, Sec. 5601(a), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d), there are authorized to be appropriated - "(A) $2,065,000,000 for fiscal year 2008; "(B) $2,313,000,000 for fiscal year 2009; "(C) $2,602,000,000 for fiscal year 2010; "(D) $2,940,000,000 for fiscal year 2011; and "(E) $3,337,000,000 for fiscal year 2012." Subsec. (r)(4). Pub. L. 111-148, Sec. 5601(b), added par. (4). Subsec. (s). Pub. L. 111-148, Sec. 4206, added subsec. (s). 2008 - Subsec. (c)(3). Pub. L. 110-355, Sec. 2(c)(1), added par. (3). Subsec. (r)(1). Pub. L. 110-355, Sec. 2(a), amended par. (1) generally. Prior to amendment, text read as follows: "For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d) of this section, there are authorized to be appropriated $1,340,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006." 2003 - Subsec. (c)(1)(B). Pub. L. 108-163, Sec. 2(a)(2)(A), substituted "plan." for "plan.." in introductory provisions. Subsec. (d)(1)(B)(iii)(I). Pub. L. 108-163, Sec. 2(a)(2)(B), inserted "or" at end. Subsec. (e)(3) to (5). Pub. L. 108-163, Sec. 2(a)(1)(A), amended pars. (3) to (5) to read as if subpar. (C) of the second par. (4) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment notes below. Subsec. (j). Pub. L. 108-163, Sec. 2(a)(2)(E), added subsec. (j) identical to the subsec. (j) appearing in the amendment by section 101(8)(C) of Pub. L. 107-251. See 2002 Amendment notes below. Former subsec. (j) redesignated (k). Pub. L. 108-163, Sec. 2(a)(1)(C), amended subsec. (j) to read as if pars. (8) through (11) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment notes below. Subsec. (j)(3)(H). Pub. L. 108-163, Sec. 2(a)(1)(B), amended subpar. (H) to read as if subpar. (C) of par. (7) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment note below. Subsec. (k). Pub. L. 108-163, Sec. 2(a)(2)(C), (D), redesignated subsec. (j) as (k) and struck out heading and text of former subsec. (k). Text read as follows: "The Secretary may provide (either through the Department of Health and Human Services or by grant or contract) all necessary technical and other nonfinancial assistance (including fiscal and program management assistance and training in such management) to any public or private nonprofit entity to assist entities in developing plans for, or operating as, health centers, and in meeting the requirements of subsection (j)(2) of this section." Pub. L. 108-163, Sec. 2(a)(1)(C), amended subsec. (k) to read as if pars. (8) through (11) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment notes below. Subsec. (l). Pub. L. 108-163, Sec. 2(a)(2)(H), inserted "(either through the Department of Health and Human Services or by grant or contract)" after "shall provide" and substituted "(k)(3)" for "(l)(3)". Pub. L. 108-163, Sec. 2(a)(2)(G), added subsec. (l) identical to the subsec. (m) appearing in the amendment by section 101(9) of Pub. L. 107-251. See 2002 Amendment notes below. Former subsec. (l) redesignated (r). Pub. L. 108-163, Sec. 2(a)(1)(C), amended subsec. (l) to read as if pars. (8) through (11) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment note below. Subsecs. (m) to (o). Pub. L. 108-163, Sec. 2(a)(1)(C), amended subsecs. (m) to (o) to read as if pars. (8) through (11) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment notes below. Subsec. (p). Pub. L. 108-163, Sec. 2(a)(2)(I), substituted "(k)(3)(G)" for "(j)(3)(G)". Pub. L. 108-163, Sec. 2(a)(1)(C), amended subsec. (p) to read as if pars. (8) through (11) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment note below. Subsec. (q). Pub. L. 108-163, Sec. 2(a)(1)(C), amended subsec. (q) to read as if pars. (8) through (11) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment note below. Subsec. (r). Pub. L. 108-163, Sec. 2(a)(2)(F), redesignated subsec. (l) as (r). Pub. L. 108-163, Sec. 2(a)(1)(C), amended subsec. (r) to read as if pars. (8) through (11) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment note below. Subsec. (r)(1). Pub. L. 108-163, Sec. 2(a)(2)(J)(i), substituted "$1,340,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006" for "$802,124,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001". Subsec. (r)(2)(A). Pub. L. 108-163, Sec. 2(a)(2)(J)(ii), substituted "(k)(3)" for "(j)(3)" and "(k)(3)(H)" for "(j)(3)(G)(ii)". Subsec. (r)(2)(B). Pub. L. 108-163, Sec. 2(a)(2)(J)(iii), added subpar. (B) identical to the subpar. (B) appearing in the amendment by section 101(11)(B)(ii) of Pub. L. 107-251 and struck out heading and text of former subpar. (B) relating to distribution of grants for fiscal years 1997 through 1999. See 2002 Amendment note below. Subsec. (s). Pub. L. 108-163, Sec. 2(a)(1)(C), amended subsec. (s) to read as if pars. (8) through (11) of section 101 of Pub. L. 107-251 had not been enacted. See 2002 Amendment notes below. 2002 - Subsec. (b)(1)(A)(i)(III)(bb). Pub. L. 107-251, Sec. 101(1)(A), substituted "appropriate cancer screening" for "screening for breast and cervical cancer". Subsec. (b)(1)(A)(ii). Pub. L. 107-251, Sec. 101(1)(B), inserted "(including specialty referral when medically indicated)" after "medical services". Subsec. (b)(1)(A)(iii). Pub. L. 107-251, Sec. 101(1)(C), inserted "housing," after "social,". Subsec. (b)(2)(A). Pub. L. 107-251, Sec. 101(2)(C), added subpar. (A). Former subpar. (A) redesignated (C). Subsec. (b)(2)(A)(i). Pub. L. 107-251, Sec. 101(2)(A), substituted "associated with - " and subcls. (I) to (IV) for "associated with water supply;". Subsec. (b)(2)(B) to (D). Pub. L. 107-251, Sec. 101(2)(B), (C), added subpar. (B) and redesignated former subpars. (A) and (B) as (C) and (D), respectively. Subsec. (c)(1)(B). Pub. L. 107-251, Sec. 101(3)(A)(iii), struck out concluding provisions which read as follows: "Any such grant may include the acquisition and lease of buildings and equipment which may include data and information systems (including the costs of amortizing the principal of, and paying the interest on, loans), and providing training and technical assistance related to the provision of health services on a prepaid basis or under another managed care arrangement, and for other purposes that promote the development of managed care networks and plans." Pub. L. 107-251, Sec. 101(3)(A)(ii), in introductory provisions, substituted "managed care network or plan." for "network or plan for the provision of health services, which may include the provision of health services on a prepaid basis or through another managed care arrangement, to some or to all of the individuals which the centers serve". Pub. L. 107-251, Sec. 101(3)(A)(i), substituted "Managed care" for "Comprehensive service delivery" in heading. Subsec. (c)(1)(C), (D). Pub. L. 107-251, Sec. 101(3)(B), added subpars. (C) and (D). Subsec. (d). Pub. L. 107-251, Sec. 101(4)(A), substituted "Loan guarantee program" for "Managed care loan guarantee program" in heading. Subsec. (d)(1)(A). Pub. L. 107-251, Sec. 101(4)(B)(i), substituted "up to 90 percent of the principal and interest on loans made by non-Federal lenders to health centers, funded under this section, for the costs of developing and operating managed care networks or plans described in subsection (c)(1)(B) of this section, or practice management networks described in subsection (c)(1)(C) of this section" for "the principal and interest on loans made by non-Federal lenders to health centers funded under this section for the costs of developing and operating managed care networks or plans". Subsec. (d)(1)(B)(iii). Pub. L. 107-251, Sec. 101(4)(B)(ii), added cl. (iii). Subsec. (d)(1)(D), (E). Pub. L. 107-251, Sec. 101(4)(B)(iii), added subpars. (D) and (E). Subsec. (d)(6) to (8). Pub. L. 107-251, Sec. 101(4)(C), redesignated par. (8) as (6) and struck out headings and text of former pars. (6) and (7) which related to annual reports and program evaluation, respectively. Subsec. (e)(1)(B). Pub. L. 107-251, Sec. 101(4)(A)(i), substituted "subsection (k)(3)" for "subsection (j)(3)". Subsec. (e)(1)(C). Pub. L. 107-251, Sec. 101(4)(A)(ii), added subpar. (C). Subsec. (e)(3). Pub. L. 107-251, Sec. 101(4)(C), redesignated par. (4), relating to limitation, as (3). Subsec. (e)(4). Pub. L. 107-251, Sec. 101(4)(C), redesignated par. (5) as (4). Former par. (4) redesignated (3). Subsec. (e)(5). Pub. L. 107-251, Sec. 101(4)(B), (C), redesignated par. (5) as (4), inserted "subparagraphs (A) and (B) of" after "any fiscal year under" in subpar. (A), added subpar. (B), and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (g)(2)(A). Pub. L. 107-251, Sec. 101(5)(A)(i), inserted "and seasonal agricultural worker" after "migratory agricultural worker". Subsec. (g)(2)(B). Pub. L. 107-251, Sec. 101(5)(A)(ii), substituted "and seasonal agricultural workers, and members of their families," for "and members of their families". Subsec. (g)(3)(A). Pub. L. 107-251, Sec. 101(5)(B), struck out "on a seasonal basis" after "in agriculture". Subsec. (h)(1). Pub. L. 107-251, Sec. 101(6)(A), substituted "homeless children and youth and children and youth at risk of homelessness" for "homeless children and children at risk of homelessness". Subsec. (h)(4). Pub. L. 107-251, Sec. 101(6)(B)(ii), added par. (4). Former par. (4) redesignated (5). Subsec. (h)(5). Pub. L. 107-251, Sec. 101(6)(B)(i), (C), redesignated par. (4) as (5) and substituted ", risk reduction, outpatient treatment, residential treatment, and rehabilitation" for "and residential treatment" in subpar. (C). Subsec. (j). Pub. L. 107-251, Sec. 101(8)(C), added subsec. (j) relating to access grants. Pub. L. 107-251, Sec. 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed. Subsec. (j)(3)(E)(i). Pub. L. 107-251, Sec. 101(7)(A)(i), designated existing provisions as subcl. (I) and added subcl. (II). Subsec. (j)(3)(E)(ii). Pub. L. 107-251, Sec. 101(7)(A)(ii), substituted "arrangements described in subclauses (I) and (II) of clause (i)" for "such an arrangement". Subsec. (j)(3)(G)(iii), (iv). Pub. L. 107-251, Sec. 101(7)(B), added cl. (iii) and redesignated former cl. (iii) as (iv). Subsec. (j)(3)(H). Pub. L. 107-251, Sec. 101(7)(C), substituted "or (q)" for "or (p)" in concluding provisions. Subsec. (j)(3)(M). Pub. L. 107-251, Sec. 101(7)(D)-(F), added subpar. (M). Subsec. (k). Pub. L. 107-251, Sec. 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed. Subsec. (l). Pub. L. 107-251, Sec. 101(8)(A), redesignated subsec. (l) as (s). Subsec. (m). Pub. L. 107-251, Sec. 101(9), which directed striking subsec. (m) (as redesignated by paragraph (9)(B)) and adding a new subsec. (m), could not be executed. The new subsec. (m) to be added read as follows: "(m) Technical Assistance. - The Secretary shall establish a program through which the Secretary shall provide technical and other assistance to eligible entities to assist such entities to meet the requirements of subsection (l)(3) of this section. Services provided through the program may include necessary technical and nonfinancial assistance, including fiscal and program management assistance, training in fiscal and program management, operational and administrative support, and the provision of information to the entities of the variety of resources available under this subchapter and how those resources can be best used to meet the health needs of the communities served by the entities." Pub. L. 107-251, Sec. 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed. Subsecs. (n) to (p). Pub. L. 107-251, Sec. 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed. Subsec. (q). Pub. L. 107-251, Sec. 101(10), which directed the substitution of "(l)(3)(G)" for "(j)(3)(G)" in subsec. (q) "(as redesignated by paragraph (9)(B))", could not be executed. Pub. L. 107-251, Sec. 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed. Subsec. (r). Pub. L. 107-251, Sec. 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed. Subsec. (s). Pub. L. 107-251, Sec. 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed. Subsec. (s)(1). Pub. L. 107-251, Sec. 101(11)(A), substituted "$1,340,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006" for "$802,124,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001". Subsec. (s)(2)(A). Pub. L. 107-251, Sec. 101(11)(B)(i), substituted "(l)(3)" for "(j)(3)" and "(l)(3)(H)" for "(j)(3)(G)(ii)". Subsec. (s)(2)(B). Pub. L. 107-251, Sec. 101(11)(B)(ii), added subpar. (B) and struck out heading and text of former subpar. (B) relating to distribution of grants for fiscal years 1997 through 1999. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-355, Sec. 2(c)(2), Oct. 8, 2008, 122 Stat. 3992, provided that: "The amendment made by paragraph (1) [amending this section] shall apply to grants made on or after January 1, 2009." EFFECTIVE DATE OF 2003 AMENDMENT Amendments by Pub. L. 108-163 deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as a note under section 233 of this title. EFFECTIVE DATE Section effective Oct. 1, 1996, see section 5 of Pub. L. 104-299, as amended, set out as an Effective Date of 1996 Amendment note under section 233 of this title. SAVINGS PROVISION FOR CURRENT GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS Section 3(b) of Pub. L. 104-299 provided that: "The Secretary of Health and Human Services shall ensure the continued funding of grants made, or contracts or cooperative agreements entered into, under subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) (as such subpart existed on the day prior to the date of enactment of this Act [Oct. 11, 1996]), until the expiration of the grant period or the term of the contract or cooperative agreement. Such funding shall be continued under the same terms and conditions as were in effect on the date on which the grant, contract or cooperative agreement was awarded, subject to the availability of appropriations." NEGOTIATED RULEMAKING FOR DEVELOPMENT OF METHODOLOGY AND CRITERIA FOR DESIGNATING MEDICALLY UNDERSERVED POPULATIONS AND HEALTH PROFESSIONS SHORTAGE AREAS Pub. L. 111-148, title V, Sec. 5602, Mar. 23, 2010, 124 Stat. 677, provided that: "(a) Establishment. - "(1) In general. - The Secretary of Health and Human Services (in this section referred to as the 'Secretary') shall establish, through a negotiated rulemaking process under subchapter 3 [III] of chapter 5 of title 5, United States Code, a comprehensive methodology and criteria for designation of - "(A) medically underserved populations in accordance with section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)); "(B) health professions shortage areas under section 332 of the Public Health Service Act (42 U.S.C. 254e). "(2) Factors to consider. - In establishing the methodology and criteria under paragraph (1), the Secretary - "(A) shall consult with relevant stakeholders who will be significantly affected by a rule (such as national, State and regional organizations representing affected entities), State health offices, community organizations, health centers and other affected entities, and other interested parties; and "(B) shall take into account - "(i) the timely availability and appropriateness of data used to determine a designation to potential applicants for such designations; "(ii) the impact of the methodology and criteria on communities of various types and on health centers and other safety net providers; "(iii) the degree of ease or difficulty that will face potential applicants for such designations in securing the necessary data; and "(iv) the extent to which the methodology accurately measures various barriers that confront individuals and population groups in seeking health care services. "(b) Publication of Notice. - In carrying out the rulemaking process under this subsection, the Secretary shall publish the notice provided for under section 564(a) of title 5, United States Code, by not later than 45 days after the date of the enactment of this Act [Mar. 23, 2010]. "(c) Target Date for Publication of Rule. - As part of the notice under subsection (b), and for purposes of this subsection, the 'target date for publication', as referred to in section 564(a)(5) of title 5, United Sates [sic] Code, shall be July 1, 2010. "(d) Appointment of Negotiated Rulemaking Committee and Facilitator. - The Secretary shall provide for - "(1) the appointment of a negotiated rulemaking committee under section 565(a) of title 5, United States Code, by not later than 30 days after the end of the comment period provided for under section 564(c) of such title; and "(2) the nomination of a facilitator under section 566(c) of such title 5 by not later than 10 days after the date of appointment of the committee. "(e) Preliminary Committee Report. - The negotiated rulemaking committee appointed under subsection (d) shall report to the Secretary, by not later than April 1, 2010, regarding the committee's progress on achieving a consensus with regard to the rulemaking proceeding and whether such consensus is likely to occur before one month before the target date for publication of the rule. If the committee reports that the committee has failed to make significant progress toward such consensus or is unlikely to reach such consensus by the target date, the Secretary may terminate such process and provide for the publication of a rule under this section through such other methods as the Secretary may provide. "(f) Final Committee Report. - If the committee is not terminated under subsection (e), the rulemaking committee shall submit a report containing a proposed rule by not later than one month before the target publication date. "(g) Interim Final Effect. - The Secretary shall publish a rule under this section in the Federal Register by not later than the target publication date. Such rule shall be effective and final immediately on an interim basis, but is subject to change and revision after public notice and opportunity for a period (of not less than 90 days) for public comment. In connection with such rule, the Secretary shall specify the process for the timely review and approval of applications for such designations pursuant to such rules and consistent with this section. "(h) Publication of Rule After Public Comment. - The Secretary shall provide for consideration of such comments and republication of such rule by not later than 1 year after the target publication date." STUDIES RELATING TO COMMUNITY HEALTH CENTERS Pub. L. 110-355, Sec. 2(b)(1)-(3), Oct. 8, 2008, 122 Stat. 3988, 3989, provided that: "(1) Definitions. - For purposes of this subsection - "(A) the term 'community health center' means a health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b); and "(B) the term 'medically underserved population' has the meaning given that term in such section 330. "(2) School-based health center study. - "(A) In general. - Not later than 2 years after the date of enactment of this Act [Oct. 8, 2008], the Comptroller General of the United States shall issue a study of the economic costs and benefits of school-based health centers and the impact on the health of students of these centers. "(B) Content. - In conducting the study under subparagraph (A), the Comptroller General of the United States shall analyze - "(i) the impact that Federal funding could have on the operation of school-based health centers; "(ii) any cost savings to other Federal programs derived from providing health services in school-based health centers; "(iii) the effect on the Federal Budget and the health of students of providing Federal funds to school-based health centers and clinics, including the result of providing disease prevention and nutrition information; "(iv) the impact of access to health care from school-based health centers in rural or underserved areas; and "(v) other sources of Federal funding for school-based health centers. "(3) Health care quality study. - "(A) In general. - Not later than 1 year after the date of enactment of this Act [Oct. 8, 2008], the Secretary of Health and Human Services (referred to in this Act [see Short Title of 2008 Amendment note set out under section 201 of this title] as the 'Secretary'), acting through the Administrator of the Health Resources and Services Administration, and in collaboration with the Agency for Healthcare Research and Quality, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes agency efforts to expand and accelerate quality improvement activities in community health centers. "(B) Content. - The report under subparagraph (A) shall focus on - "(i) Federal efforts, as of the date of enactment of this Act, regarding health care quality in community health centers, including quality data collection, analysis, and reporting requirements; "(ii) identification of effective models for quality improvement in community health centers, which may include models that - "(I) incorporate care coordination, disease management, and other services demonstrated to improve care; "(II) are designed to address multiple, co-occurring diseases and conditions; "(III) improve access to providers through non-traditional means, such as the use of remote monitoring equipment; "(IV) target various medically underserved populations, including uninsured patient populations; "(V) increase access to specialty care, including referrals and diagnostic testing; and "(VI) enhance the use of electronic health records to improve quality; "(iii) efforts to determine how effective quality improvement models may be adapted for implementation by community health centers that vary by size, budget, staffing, services offered, populations served, and other characteristics determined appropriate by the Secretary; "(iv) types of technical assistance and resources provided to community health centers that may facilitate the implementation of quality improvement interventions; "(v) proposed or adopted methodologies for community health center evaluations of quality improvement interventions, including any development of new measures that are tailored to safety-net, community-based providers; "(vi) successful strategies for sustaining quality improvement interventions in the long-term; and "(vii) partnerships with other Federal agencies and private organizations or networks as appropriate, to enhance health care quality in community health centers. "(C) Dissemination. - The Administrator of the Health Resources and Services Administration shall establish a formal mechanism or mechanisms for the ongoing dissemination of agency initiatives, best practices, and other information that may assist health care quality improvement efforts in community health centers." GUARANTEE STUDY Pub. L. 107-251, title V, Sec. 501, Oct. 26, 2002, 116 Stat. 1664, as amended by Pub. L. 108-163, Sec. 2(n)(2), Dec. 6, 2003, 117 Stat. 2023, provided that: "The Secretary of Health and Human Services shall conduct a study regarding the ability of the Department of Health and Human Services to provide for guarantees of solvency for managed care networks or plans involving health centers receiving funding under section 330 of the Public Health Service Act [this section]. The Secretary shall prepare and submit a report to the appropriate Committees of Congress regarding such ability not later than 2 years after the date of enactment of the Health Care Safety Net Amendments of 2002 [Oct. 26, 2002]." REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REFERENCE TO HEALTH CENTER Section 4(c) of Pub. L. 104-299 provided that: "Whenever any reference is made in any provision of law, regulation, rule, record, or document to a community health center, migrant health center, public housing health center, or homeless health center, such reference shall be considered a reference to a health center." LEGISLATIVE PROPOSAL FOR CHANGES CONFORMING TO PUB. L. 104-299 Section 4(e) of Pub. L. 104-299 provided that: "After consultation with the appropriate committees of the Congress, the Secretary of Health and Human Services shall prepare and submit to the Congress a legislative proposal in the form of an implementing bill containing technical and conforming amendments to reflect the changes made by this Act [see Short Title of 1996 Amendments note set out under section 201 of this title]." -EXEC- MEDICARE DEMONSTRATION TO TEST MEDICAL HOMES IN FEDERALLY QUALIFIED HEALTH CENTERS Memorandum of President of the United States, Dec. 9, 2009, 74 F.R. 66207, provided: Memorandum for the Secretary of Health And Human Services My Administration is committed to building a high-quality, efficient health care system and improving access to health care for all Americans. Health centers are a vital part of the health care delivery system. For more than 40 years, health centers have served populations with limited access to health care, treating all patients regardless of ability to pay. These include low-income populations, the uninsured, individuals with limited English proficiency, migrant and seasonal farm workers, individuals and families experiencing homelessness, and individuals living in public housing. There are over 1,100 health centers across the country, delivering care at over 7,500 sites. These centers served more than 17 million patients in 2008 and are estimated to serve more than 20 million patients in 2010. The American Recovery and Reinvestment Act of 2009 (Recovery Act) provided $2 billion for health centers, including $500 million to expand health centers' services to over 2 million new patients by opening new health center sites, adding new providers, and improving hours of operations. An additional $1.5 billion is supporting much-needed capital improvements, including funding to buy equipment, modernize clinic facilities, expand into new facilities, and adopt or expand the use of health information technology and electronic health records. One of the key benefits health centers provide to the communities they serve is quality primary health care services. Health centers use interdisciplinary teams to treat the "whole patient" and focus on chronic disease management to reduce the use of costlier providers of care, such as emergency rooms and hospitals. Federally qualified health centers provide an excellent environment to demonstrate the further improvements to health care that may be offered by the medical homes approach. In general, this approach emphasizes the patient's relationship with a primary care provider who coordinates the patient's care and serves as the patient's principal point of contact for care. The medical homes approach also emphasizes activities related to quality improvement, access to care, communication with patients, and care management and coordination. These activities are expected to improve the quality and efficiency of care and to help avoid preventable emergency and inpatient hospital care. Demonstration programs establishing the medical homes approach have been recommended by the Medicare Payment Advisory Commission, an independent advisory body to the Congress. Therefore, I direct you to implement a Medicare Federally Qualified Health Center Advanced Primary Care Practice demonstration, pursuant to your statutory authority to conduct experiments and demonstrations on changes in payments and services that may improve the quality and efficiency of services to beneficiaries. Health centers participating in this demonstration must have shown their ability to provide comprehensive, coordinated, integrated, and accessible health care. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. You are authorized and directed to publish this memorandum in the Federal Register. Barack Obama. -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be "an". (!3) So in original. Probably should be "hospital". -End- -CITE- 42 USC Sec. 254b-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254b-1. State grants to health care providers who provide services to a high percentage of medically underserved populations or other special populations -STATUTE- (a) In general A State may award grants to health care providers who treat a high percentage, as determined by such State, of medically underserved populations or other special populations in such State. (b) Source of funds A grant program established by a State under subsection (a) may not be established within a department, agency, or other entity of such State that administers the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and no Federal or State funds allocated to such Medicaid program, the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), or the TRICARE program under chapter 55 of title 10 may be used to award grants or to pay administrative costs associated with a grant program established under subsection (a). -SOURCE- (Pub. L. 111-148, title V, Sec. 5606, as added Pub. L. 111-148, title X, Sec. 10501(k), Mar. 23, 2010, 124 Stat. 999.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 254b-2 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254b-2. Community health centers and the National Health Service Corps Fund -STATUTE- (a) Purpose It is the purpose of this section to establish a Community Health Center Fund (referred to in this section as the "CHC Fund"), to be administered through the Office of the Secretary of the Department of Health and Human Services to provide for expanded and sustained national investment in community health centers under section 254b of this title and the National Health Service Corps. (b) Funding There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to the CHC Fund - (1) to be transferred to the Secretary of Health and Human Services to provide enhanced funding for the community health center program under section 254b of this title - (A) $1,000,000,000 for fiscal year 2011; (B) $1,200,000,000 for fiscal year 2012; (C) $1,500,000,000 for fiscal year 2013; (D) $2,200,000,000 for fiscal year 2014; and (E) $3,600,000,000 for fiscal year 2015; and (2) to be transferred to the Secretary of Health and Human Services to provide enhanced funding for the National Health Service Corps - (A) $290,000,000 for fiscal year 2011; (B) $295,000,000 for fiscal year 2012; (C) $300,000,000 for fiscal year 2013; (D) $305,000,000 for fiscal year 2014; and (E) $310,000,000 for fiscal year 2015. (c) Construction There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,500,000,000 to be available for fiscal years 2011 through 2015 to be used by the Secretary of Health and Human Services for the construction and renovation of community health centers. (d) Use of fund The Secretary of Health and Human Services shall transfer amounts in the CHC Fund to accounts within the Department of Health and Human Services to increase funding, over the fiscal year 2008 level, for community health centers and the National Health Service Corps. (e) Availability Amounts appropriated under subsections (b) and (c) shall remain available until expended. -SOURCE- (Pub. L. 111-148, title X, Sec. 10503, Mar. 23, 2010, 124 Stat. 1004; Pub. L. 111-152, title II, Sec. 2303, Mar. 30, 2010, 124 Stat. 1083.) -COD- CODIFICATION Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 2010 - Subsec. (b)(1)(A). Pub. L. 111-152, Sec. 2303(1), substituted "1,000,000,000" for "700,000,000". Subsec. (b)(1)(B). Pub. L. 111-152, Sec. 2303(2), substituted "1,200,000,000" for "800,000,000". Subsec. (b)(1)(C). Pub. L. 111-152, Sec. 2303(3), substituted "1,500,000,000" for "1,000,000,000". Subsec. (b)(1)(D). Pub. L. 111-152, Sec. 2303(4), substituted "2,200,000,000" for "1,600,000,000". Subsec. (b)(1)(E). Pub. L. 111-152, Sec. 2303(5), substituted "3,600,000,000" for "2,900,000,000". -End- -CITE- 42 USC Sec. 254c 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c. Rural health care services outreach, rural health network development, and small health care provider quality improvement grant programs -STATUTE- (a) Purpose The purpose of this section is to provide grants for expanded delivery of health care services in rural areas, for the planning and implementation of integrated health care networks in rural areas, and for the planning and implementation of small health care provider quality improvement activities. (b) Definitions (1) Director The term "Director" means the Director specified in subsection (d) of this section. (2) Federally qualified health center; rural health clinic The terms "Federally qualified health center" and "rural health clinic" have the meanings given the terms in section 1395x(aa) of this title. (3) Health professional shortage area The term "health professional shortage area" means a health professional shortage area designated under section 254e of this title. (4) Medically underserved community The term "medically underserved community" has the meaning given the term in section 295p(6) of this title. (5) Medically underserved population The term "medically underserved population" has the meaning given the term in section 254b(b)(3) of this title. (c) Program The Secretary shall establish, under section 241 of this title, a small health care provider quality improvement grant program. (d) Administration (1) Programs The rural health care services outreach, rural health network development, and small health care provider quality improvement grant programs established under section 241 of this title shall be administered by the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, in consultation with State offices of rural health or other appropriate State government entities. (2) Grants (A) In general In carrying out the programs described in paragraph (1), the Director may award grants under subsections (e), (f), and (g) of this section to expand access to, coordinate, and improve the quality of essential health care services, and enhance the delivery of health care, in rural areas. (B) Types of grants The Director may award the grants - (i) to promote expanded delivery of health care services in rural areas under subsection (e) of this section; (ii) to provide for the planning and implementation of integrated health care networks in rural areas under subsection (f) of this section; and (iii) to provide for the planning and implementation of small health care provider quality improvement activities under subsection (g) of this section. (e) Rural health care services outreach grants (1) Grants The Director may award grants to eligible entities to promote rural health care services outreach by expanding the delivery of health care services to include new and enhanced services in rural areas. The Director may award the grants for periods of not more than 3 years. (2) Eligibility To be eligible to receive a grant under this subsection for a project, an entity - (A) shall be a rural public or rural nonprofit private entity; (B) shall represent a consortium composed of members - (i) that include 3 or more health care providers; and (ii) that may be nonprofit or for-profit entities; and (C) shall not previously have received a grant under this subsection for the same or a similar project, unless the entity is proposing to expand the scope of the project or the area that will be served through the project. (3) Applications To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including - (A) a description of the project that the eligible entity will carry out using the funds provided under the grant; (B) a description of the manner in which the project funded under the grant will meet the health care needs of rural underserved populations in the local community or region to be served; (C) a description of how the local community or region to be served will be involved in the development and ongoing operations of the project; (D) a plan for sustaining the project after Federal support for the project has ended; (E) a description of how the project will be evaluated; and (F) other such information as the Secretary determines to be appropriate. (f) Rural health network development grants (1) Grants (A) In general The Director may award rural health network development grants to eligible entities to promote, through planning and implementation, the development of integrated health care networks that have combined the functions of the entities participating in the networks in order to - (i) achieve efficiencies; (ii) expand access to, coordinate, and improve the quality of essential health care services; and (iii) strengthen the rural health care system as a whole. (B) Grant periods The Director may award such a rural health network development grant for implementation activities for a period of 3 years. The Director may also award such a rural health network development grant for planning activities for a period of 1 year, to assist in the development of an integrated health care network, if the proposed participants in the network do not have a history of collaborative efforts and a 3-year grant would be inappropriate. (2) Eligibility To be eligible to receive a grant under this subsection, an entity - (A) shall be a rural public or rural nonprofit private entity; (B) shall represent a network composed of participants - (i) that include 3 or more health care providers; and (ii) that may be nonprofit or for-profit entities; and (C) shall not previously have received a grant under this subsection (other than a grant for planning activities) for the same or a similar project. (3) Applications To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including - (A) a description of the project that the eligible entity will carry out using the funds provided under the grant; (B) an explanation of the reasons why Federal assistance is required to carry out the project; (C) a description of - (i) the history of collaborative activities carried out by the participants in the network; (ii) the degree to which the participants are ready to integrate their functions; and (iii) how the local community or region to be served will benefit from and be involved in the activities carried out by the network; (D) a description of how the local community or region to be served will experience increased access to quality health care services across the continuum of care as a result of the integration activities carried out by the network; (E) a plan for sustaining the project after Federal support for the project has ended; (F) a description of how the project will be evaluated; and (G) other such information as the Secretary determines to be appropriate. (g) Small health care provider quality improvement grants (1) Grants The Director may award grants to provide for the planning and implementation of small health care provider quality improvement activities. The Director may award the grants for periods of 1 to 3 years. (2) Eligibility To be eligible for a grant under this subsection, an entity - (A)(i) shall be a rural public or rural nonprofit private health care provider or provider of health care services, such as a critical access hospital or a rural health clinic; or (ii) shall be another rural provider or network of small rural providers identified by the Secretary as a key source of local care; and (B) shall not previously have received a grant under this subsection for the same or a similar project. (3) Applications To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including - (A) a description of the project that the eligible entity will carry out using the funds provided under the grant; (B) an explanation of the reasons why Federal assistance is required to carry out the project; (C) a description of the manner in which the project funded under the grant will assure continuous quality improvement in the provision of services by the entity; (D) a description of how the local community or region to be served will experience increased access to quality health care services across the continuum of care as a result of the activities carried out by the entity; (E) a plan for sustaining the project after Federal support for the project has ended; (F) a description of how the project will be evaluated; and (G) other such information as the Secretary determines to be appropriate. (4) Expenditures for small health care provider quality improvement grants In awarding a grant under this subsection, the Director shall ensure that the funds made available through the grant will be used to provide services to residents of rural areas. The Director shall award not less than 50 percent of the funds made available under this subsection to providers located in and serving rural areas. (h) General requirements (1) Prohibited uses of funds An entity that receives a grant under this section may not use funds provided through the grant - (A) to build or acquire real property; or (B) for construction. (2) Coordination with other agencies The Secretary shall coordinate activities carried out under grant programs described in this section, to the extent practicable, with Federal and State agencies and nonprofit organizations that are operating similar grant programs, to maximize the effect of public dollars in funding meritorious proposals. (3) Preference In awarding grants under this section, the Secretary shall give preference to entities that - (A) are located in health professional shortage areas or medically underserved communities, or serve medically underserved populations; or (B) propose to develop projects with a focus on primary care, and wellness and prevention strategies. (i) Report Not later than September 30, 2005, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress and accomplishments of the grant programs described in subsections (e), (f), and (g) of this section. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $45,000,000 for each of fiscal years 2008 through 2012. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330A, as added Pub. L. 104- 299, Sec. 3(a), Oct. 11, 1996, 110 Stat. 3642; amended Pub. L. 107- 251, title II, Sec. 201, Oct. 26, 2002, 116 Stat. 1628; Pub. L. 108-163, Sec. 2(b), Dec. 6, 2003, 117 Stat. 2021; Pub. L. 110-355, Sec. 4, Oct. 8, 2008, 122 Stat. 3994.) -MISC1- PRIOR PROVISIONS A prior section 254c, act July 1, 1944, ch. 373, title III, Sec. 330, as added July 29, 1975, Pub. L. 94-63, title V, Sec. 501(a), 89 Stat. 342; amended Apr. 22, 1976, Pub. L. 94-278, title VIII, Sec. 801(b), 90 Stat. 415; Aug. 1, 1977, Pub. L. 95-83, title III, Sec. 304, 91 Stat. 388; Nov. 10, 1978, Pub. L. 95-626, title I, Sec. 104(a)-(d)(3)(B), (4), (5), (e), (f), 92 Stat. 3556-3559; July 10, 1979, Pub. L. 96-32, Secs. 6(b)-(d), 7(c), 93 Stat. 83, 84; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695; Oct. 19, 1980, Pub. L. 96-470, title I, Sec. 106(e), 94 Stat. 2238; Aug. 13, 1981, Pub. L. 97-35, title IX, Secs. 903(a), 905, 906, 95 Stat. 561, 562; Jan. 4, 1983, Pub. L. 97-414, Sec. 8(e), 96 Stat. 2060; Apr. 24, 1986, Pub. L. 99-280, Secs. 2-4, 100 Stat. 399, 400; Aug. 10, 1988, Pub. L. 100-386, Secs. 3, 4, 102 Stat. 921, 923; Nov. 4, 1988, Pub. L. 100-607, title I, Sec. 163(3), 102 Stat. 3062; Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6103(e)(5), 103 Stat. 2207; Nov. 6, 1990, Pub. L. 101-527, Sec. 9(a), 104 Stat. 2332; Oct. 27, 1992, Pub. L. 102-531, title III, Sec. 309(b), 106 Stat. 3500, related to community health centers, prior to the general amendment of this subpart by Pub. L. 104-299, Sec. 2. AMENDMENTS 2008 - Subsec. (j). Pub. L. 110-355 substituted "$45,000,000 for each of fiscal years 2008 through 2012." for "$40,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006." 2003 - Subsec. (b)(4). Pub. L. 108-163 substituted "section 295p(6)" for "section 295p". 2002 - Pub. L. 107-251 amended section generally. Prior to amendment, section related to a rural health outreach, network development, and telemedicine grant program, and in subsec. (a), provided for administration by the Office of Rural Health Policy; in subsec. (b), set out the objectives of grants; in subsec. (c), set out eligibility requirements; in subsec. (d), described preferred characteristics of applicant networks; in subsec. (e), specified permitted uses of grant funds; in subsec. (f), limited the duration of grants; and in subsec. (g), authorized appropriations. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-163 deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as a note under section 233 of this title. EFFECTIVE DATE Section effective Oct. 1, 1996, see section 5 of Pub. L. 104-299, as amended, set out as an Effective Date of 1996 Amendment note under section 233 of this title. RURAL ACCESS TO EMERGENCY DEVICES Pub. L. 106-505, title IV, subtitle B, Nov. 13, 2000, 114 Stat. 2340, provided that: "SEC. 411. SHORT TITLE. "This subtitle may be cited as the 'Rural Access to Emergency Devices Act' or the 'Rural AED Act'. "SEC. 412. FINDINGS. "Congress makes the following findings: "(1) Heart disease is the leading cause of death in the United States. "(2) The American Heart Association estimates that 250,000 Americans die from sudden cardiac arrest each year. "(3) A cardiac arrest victim's chance of survival drops 10 percent for every minute that passes before his or her heart is returned to normal rhythm. "(4) Because most cardiac arrest victims are initially in ventricular fibrillation, and the only treatment for ventricular fibrillation is defibrillation, prompt access to defibrillation to return the heart to normal rhythm is essential. "(5) Lifesaving technology, the automated external defibrillator, has been developed to allow trained lay rescuers to respond to cardiac arrest by using this simple device to shock the heart into normal rhythm. "(6) Those people who are likely to be first on the scene of a cardiac arrest situation in many communities, particularly smaller and rural communities, lack sufficient numbers of automated external defibrillators to respond to cardiac arrest in a timely manner. "(7) The American Heart Association estimates that more than 50,000 deaths could be prevented each year if defibrillators were more widely available to designated responders. "(8) Legislation should be enacted to encourage greater public access to automated external defibrillators in communities across the United States. "SEC. 413. GRANTS. "(a) In General. - The Secretary of Health and Human Services, acting through the Rural Health Outreach Office of the Health Resources and Services Administration, shall award grants to community partnerships that meet the requirements of subsection (b) to enable such partnerships to purchase equipment and provide training as provided for in subsection (c). "(b) Community Partnerships. - A community partnership meets the requirements of this subsection if such partnership - "(1) is composed of local emergency response entities such as community training facilities, local emergency responders, fire and rescue departments, police, community hospitals, and local non-profit entities and for-profit entities concerned about cardiac arrest survival rates; "(2) evaluates the local community emergency response times to assess whether they meet the standards established by national public health organizations such as the American Heart Association and the American Red Cross; and "(3) submits to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require. "(c) Use of Funds. - Amounts provided under a grant under this section shall be used - "(1) to purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; and "(2) to provide defibrillator and basic life support training in automated external defibrillator usage through the American Heart Association, the American Red Cross, or other nationally recognized training courses. "(d) Report. - Not later than 4 years after the date of the enactment of this Act [Nov. 13, 2000], the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of Congress a report containing data relating to whether the increased availability of defibrillators has affected survival rates in the communities in which grantees under this section operated. The procedures under which the Secretary obtains data and prepares the report under this subsection shall not impose an undue burden on program participants under this section. "(e) Authorization of Appropriations. - There is authorized to be appropriated $25,000,000 for fiscal years 2001 through 2003 to carry out this section." REPORT ON TELEMEDICINE Pub. L. 106-129, Sec. 6, Dec. 6, 1999, 113 Stat. 1675, provided that: "Not later than January 10, 2001, the Secretary of Health and Human Services shall submit to the Congress a report that - "(1) identifies any factors that inhibit the expansion and accessibility of telemedicine services, including factors relating to telemedicine networks; "(2) identifies any factors that, in addition to geographical isolation, should be used to determine which patients need or require access to telemedicine care; "(3) determines the extent to which - "(A) patients receiving telemedicine service have benefited from the services, and are satisfied with the treatment received pursuant to the services; and "(B) the medical outcomes for such patients would have differed if telemedicine services had not been available to the patients; "(4) determines the extent to which physicians involved with telemedicine services have been satisfied with the medical aspects of the services; "(5) determines the extent to which primary care physicians are enhancing their medical knowledge and experience through the interaction with specialists provided by telemedicine consultations; and "(6) identifies legal and medical issues relating to State licensing of health professionals that are presented by telemedicine services, and provides any recommendations of the Secretary for responding to such issues." -End- -CITE- 42 USC Sec. 254c-1 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-1. Grants for health services for Pacific Islanders -STATUTE- (a) Grants The Secretary of Health and Human Services (hereafter in this section referred to as the "Secretary") shall provide grants to, or enter into contracts with, public or private nonprofit agencies that have demonstrated experience in serving the health needs of Pacific Islanders living in the Territory of American Samoa, the Commonwealth of Northern Mariana Islands, the Territory of Guam, the Republic of the Marshall Islands, the Republic of Palau, and the Federated States of Micronesia. (b) Use of grants or contracts Grants or contracts made or entered into under subsection (a) of this section shall be used, among other items - (1) to continue, as a priority, the medical officer training program in Pohnpei, Federated States of Micronesia; (2) to improve the quality and availability of health and mental health services and systems, with an emphasis therein on preventive health services and health promotion programs and projects, including improved health data systems; (3) to improve the quality and availability of health manpower, including programs and projects to train new and upgrade the skills of existing health professionals by - (A) establishing dental officer, dental assistant, nurse practitioner, or nurse clinical specialist training programs; (B) providing technical training of new auxiliary health workers; (C) upgrading the training of currently employed health personnel in special areas of need; (D) developing long-term plans for meeting health profession needs; (E) developing or improving programs for faculty enhancement or post-doctoral training; and (F) providing innovative health professions training initiatives (including scholarships) targeted toward ensuring that residents of the Pacific Basin attend and graduate from recognized health professional programs; (4) to improve the quality of health services, including laboratory, x-ray, and pharmacy, provided in ambulatory and inpatient settings through quality assurance, standard setting, and other culturally appropriate means; (5) to improve facility and equipment repair and maintenance systems; (6) to improve alcohol, drug abuse, and mental health prevention and treatment services and systems; (7) to improve local and regional health planning systems; and (8) to improve basic local public health systems, with particular attention to primary care and services to those most in need. No funds under subsection (b) of this section shall be used for capital construction. (c) Advisory Council The Secretary of Health and Human Services shall establish a "Pacific Health Advisory Council" which shall consist of 12 members and shall include - (1) the Directors of the Health Departments for the entities identified in subsection (a) of this section; and (2) 6 members, including a representative of the Rehabilitation Hospital of the Pacific, representing organizations in the State of Hawaii actively involved in the provision of health services or technical assistance to the entities identified in subsection (a) of this section. The Secretary shall solicit the advice of the Governor of the State of Hawaii in appointing the 5 Council members in addition to the representative of the Rehabilitation Hospital of the Pacific from the State of Hawaii. The Secretary shall be responsible for providing sufficient staff support to the Council. (d) Advisory Council functions The Council shall meet at least annually to - (1) recommend priority areas of need for funding by the Public Health Service under this section; and (2) review progress in addressing priority areas and make recommendations to the Secretary for needed program modifications. (e) Omitted (f) Authorization of appropriation There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 1991 through 1993. -SOURCE- (Pub. L. 101-527, Sec. 10, Nov. 6, 1990, 104 Stat. 2333.) -COD- CODIFICATION Section was enacted as part of the Disadvantaged Minority Health Improvement Act of 1990, and not as part of the Public Health Service Act which comprises this chapter. Subsec. (e) of this section, which required the Secretary, in consultation with the Council, to annually prepare and submit to appropriate committees of Congress a report describing the expenditure of funds authorized to be appropriated under this section, with any recommendations of the Secretary, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 95 of House Document No. 103-7. -MISC1- TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 42 USC Sec. 254c-1a 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-1a. Grants to nurse-managed health clinics -STATUTE- (a) Definitions (1) Comprehensive primary health care services In this section, the term "comprehensive primary health care services" means the primary health services described in section 254b(b)(1) of this title. (2) Nurse-managed health clinic The term "nurse-managed health clinic" means a nurse-practice arrangement, managed by advanced practice nurses, that provides primary care or wellness services to underserved or vulnerable populations and that is associated with a school, college, university or department of nursing, federally qualified health center, or independent nonprofit health or social services agency. (b) Authority to award grants The Secretary shall award grants for the cost of the operation of nurse-managed health clinics that meet the requirements of this section. (c) Applications To be eligible to receive a grant under this section, an entity shall - (1) be an NMHC; and (2) submit to the Secretary an application at such time, in such manner, and containing - (A) assurances that nurses are the major providers of services at the NMHC and that at least 1 advanced practice nurse holds an executive management position within the organizational structure of the NMHC; (B) an assurance that the NMHC will continue providing comprehensive primary health care services or wellness services without regard to income or insurance status of the patient for the duration of the grant period; and (C) an assurance that, not later than 90 days of receiving a grant under this section, the NMHC will establish a community advisory committee, for which a majority of the members shall be individuals who are served by the NMHC. (d) Grant amount The amount of any grant made under this section for any fiscal year shall be determined by the Secretary, taking into account - (1) the financial need of the NMHC, considering State, local, and other operational funding provided to the NMHC; and (2) other factors, as the Secretary determines appropriate. (e) Authorization of appropriations For the purposes of carrying out this section, there are authorized to be appropriated $50,000,000 for the fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2014. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330A-1, as added Pub. L. 111-148, title V, Sec. 5208(b), Mar. 23, 2010, 124 Stat. 613.) -MISC1- PURPOSE Pub. L. 111-148, title V, Sec. 5208(a), Mar. 23, 2010, 124 Stat. 612, provided that: "The purpose of this section [enacting this section] is to fund the development and operation of nurse-managed health clinics." -End- -CITE- 42 USC Sec. 254c-2 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-2. Special diabetes programs for type I diabetes -STATUTE- (a) In general The Secretary, directly or through grants, shall provide for research into the prevention and cure of Type (!1) I diabetes. (b) Funding (1) Transferred funds Notwithstanding section 1397dd(a) of this title, from the amounts appropriated in such section for each of fiscal years 1998 through 2002, $30,000,000 is hereby transferred and made available in such fiscal year for grants under this section. (2) Appropriations For the purpose of making grants under this section, there is appropriated, out of any funds in the Treasury not otherwise appropriated - (A) $70,000,000 for each of fiscal years 2001 and 2002 (which shall be combined with amounts transferred under paragraph (1) for each such fiscal years); (B) $100,000,000 for fiscal year 2003; and (C) $150,000,000 for each of fiscal years 2004 through 2013. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330B, as added Pub. L. 105- 33, title IV, Sec. 4921, Aug. 5, 1997, 111 Stat. 574; amended Pub. L. 105-34, title XVI, Sec. 1604(f)(1)(B), (C), Aug. 5, 1997, 111 Stat. 1098; Pub. L. 106-554, Sec. 1(a)(6) [title IX, Sec. 931(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-585; Pub. L. 107-360, Sec. 1(a), Dec. 17, 2002, 116 Stat. 3019; Pub. L. 110-173, title III, Sec. 302(a), Dec. 29, 2007, 121 Stat. 2514; Pub. L. 110-275, title III, Sec. 303(a), July 15, 2008, 122 Stat. 2594; Pub. L. 111-309, title I, Sec. 112(1), Dec. 15, 2010, 124 Stat. 3289.) -MISC1- AMENDMENTS 2010 - Subsec. (b)(2)(C). Pub. L. 111-309 substituted "2013" for "2011". 2008 - Subsec. (b)(2)(C). Pub. L. 110-275 substituted "2011" for "2009". 2007 - Subsec. (b)(2)(C). Pub. L. 110-173 substituted "2009" for "2008". 2002 - Subsec. (b)(2)(C). Pub. L. 107-360 added subpar. (C). 2000 - Subsec. (b). Pub. L. 106-554 designated existing provisions as par. (1), inserted par. heading, and added par. (2). 1997 - Pub. L. 105-34, Sec. 1604(f)(1)(B), amended directory language of Pub. L. 105-33, Sec. 4921, which enacted this section. Pub. L. 105-34, Sec. 1604(f)(1)(C)(i), struck out "children with" before "type I diabetes" in section catchline. Subsec. (a). Pub. L. 105-34, Sec. 1604(f)(1)(C)(ii), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary shall make grants for services for the prevention and treatment of type I diabetes in children, and for research in innovative approaches to such services. Such grants may be made to children's hospitals; grantees under section 254b of this title and other federally qualified health centers; State and local health departments; and other appropriate public or nonprofit private entities." EFFECTIVE DATE OF 1997 AMENDMENT Section 1604(f)(4) of Pub. L. 105-34 provided that: "The provisions of, and amendments made by, this subsection [amending this section and provisions set out as a note under section 5701 of Title 26, Internal Revenue Code] shall take effect immediately after the sections referred to in this subsection [sections 4921, 9302, 11104, and 11201 of Pub. L. 105-33] take effect." REPORT ON DIABETES GRANT PROGRAMS Pub. L. 105-33, title IV, Sec. 4923, Aug. 5, 1997, 111 Stat. 574, as amended by Pub. L. 106-554, Sec. 1(a)(6) [title IX, Sec. 931(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A-585; Pub. L. 107-360, Sec. 1(c), Dec. 17, 2002, 116 Stat. 3019; Pub. L. 109-482, title I, Sec. 104(b)(3)(C), Jan. 15, 2007, 120 Stat. 3694; Pub. L. 110-275, title III, Sec. 303(c), July 15, 2008, 122 Stat. 2594, provided that: "(a) Evaluation. - The Secretary of Health and Human Services shall conduct an evaluation of the diabetes grant programs established under the amendments made by this chapter [chapter 3 (Secs. 4921-4923) of subtitle J of title IV of Pub. L. 105-33, enacting this section and section 254c-3 of this title]. "[(b) Repealed. Pub. L. 109-482, title I, Sec. 104(b)(3)(C), Jan. 15, 2007, 120 Stat. 3694.]" [Pub. L. 110-275, Sec. 303(c), which directed amendment of section 4923(b) of Pub. L. 105-33 by substituting "a second interim report" for "a final report" in par. (2) and by adding par. (3) at end to read "a report on such evaluation not later than January 1, 2011.", could not be executed because of prior repeal.] -FOOTNOTE- (!1) So in original. Probably should not be capitalized. -End- -CITE- 42 USC Sec. 254c-3 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-3. Special diabetes programs for Indians -STATUTE- (a) In general The Secretary shall make grants for providing services for the prevention and treatment of diabetes in accordance with subsection (b) of this section. (b) Services through Indian health facilities For purposes of subsection (a) of this section, services under such subsection are provided in accordance with this subsection if the services are provided through any of the following entities: (1) The Indian Health Service. (2) An Indian health program operated by an Indian tribe or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act [25 U.S.C. 450f et seq.]. (3) An urban Indian health program operated by an urban Indian organization pursuant to a grant or contract with the Indian Health Service pursuant to title V of the Indian Health Care Improvement Act [25 U.S.C. 1651 et seq.]. (c) Funding (1) Transferred funds Notwithstanding section 1397dd(a) of this title, from the amounts appropriated in such section for each of fiscal years 1998 through 2002, $30,000,000, to remain available until expended, is hereby transferred and made available in such fiscal year for grants under this section. (2) Appropriations For the purpose of making grants under this section, there is appropriated, out of any money in the Treasury not otherwise appropriated - (A) $70,000,000 for each of fiscal years 2001 and 2002 (which shall be combined with amounts transferred under paragraph (1) for each such fiscal years); (B) $100,000,000 for fiscal year 2003; and (C) $150,000,000 for each of fiscal years 2004 through 2013. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330C, as added Pub. L. 105- 33, title IV, Sec. 4922, Aug. 5, 1997, 111 Stat. 574; amended Pub. L. 105-174, title III, Sec. 3001, May 1, 1998, 112 Stat. 82; Pub. L. 106-554, Sec. 1(a)(6) [title IX, Sec. 931(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-585; Pub. L. 107-360, Sec. 1(b), Dec. 17, 2002, 116 Stat. 3019; Pub. L. 110-173, title III, Sec. 302(b), Dec. 29, 2007, 121 Stat. 2515; Pub. L. 110-275, title III, Sec. 303(b), July 15, 2008, 122 Stat. 2594; Pub. L. 111-309, title I, Sec. 112(2), Dec. 15, 2010, 124 Stat. 3289.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsec. (b)(2), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to part A (Sec. 450f et seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables. The Indian Health Care Improvement Act, referred to in subsec. (b)(3), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended. Title V of the Act is classified generally to subchapter IV (Sec. 1651 et seq.) of chapter 18 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables. -MISC1- AMENDMENTS 2010 - Subsec. (c)(2)(C). Pub. L. 111-309 substituted "2013" for "2011". 2008 - Subsec. (c)(2)(C). Pub. L. 110-275 substituted "2011" for "2009". 2007 - Subsec. (c)(2)(C). Pub. L. 110-173 substituted "2009" for "2008". 2002 - Subsec. (c)(2)(C). Pub. L. 107-360 added subpar. (C). 2000 - Subsec. (c). Pub. L. 106-554 designated existing provisions as par. (1), inserted par. heading, and added par. (2). 1998 - Subsec. (c). Pub. L. 105-174 inserted ", to remain available until expended," after "fiscal years 1998 through 2002, $30,000,000". FUNDS AVAILABLE UNTIL EXPENDED Pub. L. 108-7, div. F, title II, Feb. 20, 2003, 117 Stat. 261, provided in part "That funds appropriated under the Special Diabetes Program for Indians (42 U.S.C. 254c-3(c)) for fiscal year 2003 and thereafter for the purpose of making grants shall remain available until expended". -End- -CITE- 42 USC Sec. 254c-4 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-4. Centers for strategies on facilitating utilization of preventive health services among various populations -STATUTE- (a) In general The Secretary, acting through the appropriate agencies of the Public Health Service, shall make grants to public or nonprofit private entities for the establishment and operation of regional centers whose purpose is to develop, evaluate, and disseminate effective strategies, which utilize quality management measures, to assist public and private health care programs and providers in the appropriate utilization of preventive health care services by specific populations. (b) Research and training The activities carried out by a center under subsection (a) of this section may include establishing programs of research and training with respect to the purpose described in such subsection, including the development of curricula for training individuals in implementing the strategies developed under such subsection. (c) Priority regarding infants and children In carrying out the purpose described in subsection (a) of this section, the Secretary shall give priority to various populations of infants, young children, and their mothers. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2000 through 2004. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330D, as added Pub. L. 106- 129, Sec. 3, Dec. 6, 1999, 113 Stat. 1670.) -End- -CITE- 42 USC Sec. 254c-5 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-5. Epilepsy; seizure disorder -STATUTE- (a) National public health campaign (1) In general The Secretary shall develop and implement public health surveillance, education, research, and intervention strategies to improve the lives of persons with epilepsy, with a particular emphasis on children. Such projects may be carried out by the Secretary directly and through awards of grants or contracts to public or nonprofit private entities. The Secretary may directly or through such awards provide technical assistance with respect to the planning, development, and operation of such projects. (2) Certain activities Activities under paragraph (1) shall include - (A) expanding current surveillance activities through existing monitoring systems and improving registries that maintain data on individuals with epilepsy, including children; (B) enhancing research activities on the diagnosis, treatment, and management of epilepsy; (C) implementing public and professional information and education programs regarding epilepsy, including initiatives which promote effective management of the disease through children's programs which are targeted to parents, schools, daycare providers, patients; (D) undertaking educational efforts with the media, providers of health care, schools and others regarding stigmas and secondary disabilities related to epilepsy and seizures, and its effects on youth; (E) utilizing and expanding partnerships with organizations with experience addressing the health and related needs of people with disabilities; and (F) other activities the Secretary deems appropriate. (3) Coordination of activities The Secretary shall ensure that activities under this subsection are coordinated as appropriate with other agencies of the Public Health Service that carry out activities regarding epilepsy and seizure. (b) Seizure disorder; demonstration projects in medically underserved areas (1) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants for the purpose of carrying out demonstration projects to improve access to health and other services regarding seizures to encourage early detection and treatment in children and others residing in medically underserved areas. (2) Application for grant A grant may not be awarded under paragraph (1) unless an application therefore is submitted to the Secretary and the Secretary approves such application. Such application shall be submitted in such form and manner and shall contain such information as the Secretary may prescribe. (c) Definitions For purposes of this section: (1) The term "epilepsy" refers to a chronic and serious neurological condition characterized by excessive electrical discharges in the brain causing recurring seizures affecting all life activities. The Secretary may revise the definition of such term to the extent the Secretary determines necessary. (2) The term "medically underserved" has the meaning applicable under section 295p(6) of this title. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330E, as added Pub. L. 106- 310, div. A, title VIII, Sec. 801, Oct. 17, 2000, 114 Stat. 1124.) -End- -CITE- 42 USC Sec. 254c-6 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-6. Certain services for pregnant women -STATUTE- (a) Infant adoption awareness (1) In general The Secretary shall make grants to national, regional, or local adoption organizations for the purpose of developing and implementing programs to train the designated staff of eligible health centers in providing adoption information and referrals to pregnant women on an equal basis with all other courses of action included in nondirective counseling to pregnant women. (2) Best-practices guidelines (A) In general A condition for the receipt of a grant under paragraph (1) is that the adoption organization involved agree that, in providing training under such paragraph, the organization will follow the guidelines developed under subparagraph (B). (B) Process for development of guidelines (i) In general The Secretary shall establish and supervise a process described in clause (ii) in which the participants are - (I) an appropriate number and variety of adoption organizations that, as a group, have expertise in all models of adoption practice and that represent all members of the adoption triad (birth mother, infant, and adoptive parent); and (II) affected public health entities. (ii) Description of process The process referred to in clause (i) is a process in which the participants described in such clause collaborate to develop best-practices guidelines on the provision of adoption information and referrals to pregnant women on an equal basis with all other courses of action included in nondirective counseling to pregnant women. (iii) Date certain for development The Secretary shall ensure that the guidelines described in clause (ii) are developed not later than 180 days after October 17, 2000. (C) Relation to authority for grants The Secretary may not make any grant under paragraph (1) before the date on which the guidelines under subparagraph (B) are developed. (3) Use of grant (A) In general With respect to a grant under paragraph (1) - (i) an adoption organization may expend the grant to carry out the programs directly or through grants to or contracts with other adoption organizations; (ii) the purposes for which the adoption organization expends the grant may include the development of a training curriculum, consistent with the guidelines developed under paragraph (2)(B); and (iii) a condition for the receipt of the grant is that the adoption organization agree that, in providing training for the designated staff of eligible health centers, such organization will make reasonable efforts to ensure that the individuals who provide the training are individuals who are knowledgeable in all elements of the adoption process and are experienced in providing adoption information and referrals in the geographic areas in which the eligible health centers are located, and that the designated staff receive the training in such areas. (B) Rule of construction regarding training of trainers With respect to individuals who under a grant under paragraph (1) provide training for the designated staff of eligible health centers (referred to in this subparagraph as "trainers"), subparagraph (A)(iii) may not be construed as establishing any limitation regarding the geographic area in which the trainers receive instruction in being such trainers. A trainer may receive such instruction in a different geographic area than the area in which the trainer trains (or will train) the designated staff of eligible health centers. (4) Adoption organizations; eligible health centers; other definitions For purposes of this section: (A) The term "adoption organization" means a national, regional, or local organization - (i) among whose primary purposes are adoption; (ii) that is knowledgeable in all elements of the adoption process and on providing adoption information and referrals to pregnant women; and (iii) that is a nonprofit private entity. (B) The term "designated staff", with respect to an eligible health center, means staff of the center who provide pregnancy or adoption information and referrals (or will provide such information and referrals after receiving training under a grant under paragraph (1)). (C) The term "eligible health centers" means public and nonprofit private entities that provide health services to pregnant women. (5) Training for certain eligible health centers A condition for the receipt of a grant under paragraph (1) is that the adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with respect to which training under the grant is provided include - (A) eligible health centers that receive grants under section 300 of this title (relating to voluntary family planning projects); (B) eligible health centers that receive grants under section 254b of this title (relating to community health centers, migrant health centers, and centers regarding homeless individuals and residents of public housing); and (C) eligible health centers that receive grants under this chapter for the provision of services in schools. (6) Participation of certain eligible health clinics In the case of eligible health centers that receive grants under section 254b or 300 of this title: (A) Within a reasonable period after the Secretary begins making grants under paragraph (1), the Secretary shall provide eligible health centers with complete information about the training available from organizations receiving grants under such paragraph. The Secretary shall make reasonable efforts to encourage eligible health centers to arrange for designated staff to participate in such training. Such efforts shall affirm Federal requirements, if any, that the eligible health center provide nondirective counseling to pregnant women. (B) All costs of such centers in obtaining the training shall be reimbursed by the organization that provides the training, using grants under paragraph (1). (C) Not later than 1 year after October 17, 2000, the Secretary shall submit to the appropriate committees of the Congress a report evaluating the extent to which adoption information and referral, upon request, are provided by eligible health centers. Within a reasonable time after training under this section is initiated, the Secretary shall submit to the appropriate committees of the Congress a report evaluating the extent to which adoption information and referral, upon request, are provided by eligible health centers in order to determine the effectiveness of such training and the extent to which such training complies with subsection (a)(1) of this section. In preparing the reports required by this subparagraph, the Secretary shall in no respect interpret the provisions of this section to allow any interference in the provider-patient relationship, any breach of patient confidentiality, or any monitoring or auditing of the counseling process or patient records which breaches patient confidentiality or reveals patient identity. The reports required by this subparagraph shall be conducted by the Secretary acting through the Administrator of the Health Resources and Services Administration and in collaboration with the Director of the Agency for Healthcare Research and Quality. (b) Application for grant The Secretary may make a grant under subsection (a) of this section only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330F, as added Pub. L. 106- 310, div. A, title XII, Sec. 1201, Oct. 17, 2000, 114 Stat. 1132.) -End- -CITE- 42 USC Sec. 254c-7 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-7. Special needs adoption programs; public awareness campaign and other activities -STATUTE- (a) Special needs adoption awareness campaign (1) In general The Secretary shall, through making grants to nonprofit private entities, provide for the planning, development, and carrying out of a national campaign to provide information to the public regarding the adoption of children with special needs. (2) Input on planning and development In providing for the planning and development of the national campaign under paragraph (1), the Secretary shall provide for input from a number and variety of adoption organizations throughout the States in order that the full national diversity of interests among adoption organizations is represented in the planning and development of the campaign. (3) Certain features With respect to the national campaign under paragraph (1): (A) The campaign shall be directed at various populations, taking into account as appropriate differences among geographic regions, and shall be carried out in the language and cultural context that is most appropriate to the population involved. (B) The means through which the campaign may be carried out include - (i) placing public service announcements on television, radio, and billboards; and (ii) providing information through means that the Secretary determines will reach individuals who are most likely to adopt children with special needs. (C) The campaign shall provide information on the subsidies and supports that are available to individuals regarding the adoption of children with special needs. (D) The Secretary may provide that the placement of public service announcements, and the dissemination of brochures and other materials, is subject to review by the Secretary. (4) Matching requirement (A) In general With respect to the costs of the activities to be carried out by an entity pursuant to paragraph (1), a condition for the receipt of a grant under such paragraph is that the entity agree to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. (B) Determination of amount contributed Non-Federal contributions under subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such contributions. (b) National resources program The Secretary shall (directly or through grant or contract) carry out a program that, through toll-free telecommunications, makes available to the public information regarding the adoption of children with special needs. Such information shall include the following: (1) A list of national, State, and regional organizations that provide services regarding such adoptions, including exchanges and other information on communicating with the organizations. The list shall represent the full national diversity of adoption organizations. (2) Information beneficial to individuals who adopt such children, including lists of support groups for adoptive parents and other postadoptive services. (c) Other programs With respect to the adoption of children with special needs, the Secretary shall make grants - (1) to provide assistance to support groups for adoptive parents, adopted children, and siblings of adopted children; and (2) to carry out studies to identify - (A) the barriers to completion of the adoption process; and (B) those components that lead to favorable long-term outcomes for families that adopt children with special needs. (d) Application for grant The Secretary may make an award of a grant or contract under this section only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (e) Funding For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330G, as added Pub. L. 106- 310, div. A, title XII, Sec. 1211, Oct. 17, 2000, 114 Stat. 1135.) -End- -CITE- 42 USC Sec. 254c-8 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-8. Healthy start for infants -STATUTE- (a) In general (1) Continuation and expansion of program The Secretary, acting through the Administrator of the Health Resources and Services Administration, Maternal and Child Health Bureau, shall under authority of this section continue in effect the Healthy Start Initiative and may, during fiscal year 2001 and subsequent years, carry out such program on a national basis. (2) Definition For purposes of paragraph (1), the term "Healthy Start Initiative" is a reference to the program that, as an initiative to reduce the rate of infant mortality and improve perinatal outcomes, makes grants for project areas with high annual rates of infant mortality and that, prior to the effective date of this section, was a demonstration program carried out under section 241 of this title. (b) Considerations in making grants (1) Requirements In making grants under subsection (a), the Secretary shall require that applicants (in addition to meeting all eligibility criteria established by the Secretary) establish, for project areas under such subsection, community-based consortia of individuals and organizations (including agencies responsible for administering block grant programs under title V of the Social Security Act [42 U.S.C. 701 et seq.], consumers of project services, public health departments, hospitals, health centers under section 254b of this title, and other significant sources of health care services) that are appropriate for participation in projects under subsection (a) of this section. (2) Other considerations In making grants under subsection (a), the Secretary shall take into consideration the following: (A) Factors that contribute to infant mortality, such as low birthweight. (B) The extent to which applicants for such grants facilitate - (i) a community-based approach to the delivery of services; and (ii) a comprehensive approach to women's health care to improve perinatal outcomes. (3) Special projects Nothing in paragraph (2) shall be construed to prevent the Secretary from awarding grants under subsection (a) for special projects that are intended to address significant disparities in perinatal health indicators in communities along the United States-Mexico border or in Alaska or Hawaii. (c) Coordination Recipients of grants under subsection (a) of this section shall coordinate their services and activities with the State agency or agencies that administer block grant programs under title V of the Social Security Act [42 U.S.C. 701 et seq.] in order to promote cooperation, integration, and dissemination of information with Statewide systems and with other community services funded under the Maternal and Child Health Block Grant. (d) Rule of construction Except to the extent inconsistent with this section, this section may not be construed as affecting the authority of the Secretary to make modifications in the program carried out under subsection (a) of this section. (e) Funding (1) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated - (A) $120,000,000 for fiscal year 2008; and (B) for each of fiscal years 2009 through 2013, the amount authorized for the preceding fiscal year increased by the percentage increase in the Consumer Price Index for all urban consumers for such year. (2) Allocation (A) Program administration Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may reserve up to 5 percent for coordination, dissemination, technical assistance, and data activities that are determined by the Secretary to be appropriate for carrying out the program under this section. (B) Evaluation Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may reserve up to 1 percent for evaluations of projects carried out under subsection (a). Each such evaluation shall include a determination of whether such projects have been effective in reducing the disparity in health status between the general population and individuals who are members of racial or ethnic minority groups. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330H, as added Pub. L. 106- 310, div. A, title XV, Sec. 1501, Oct. 17, 2000, 114 Stat. 1146; amended Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110-339, Sec. 2, Oct. 3, 2008, 122 Stat. 3733.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 106-310, which was approved Oct. 17, 2000. The Social Security Act, referred to in subsecs. (b)(1) and (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title V of the Act is classified generally to subchapter V (Sec. 701 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC1- AMENDMENTS 2008 - Subsec. (a)(3). Pub. L. 110-339, Sec. 2(b)(1), struck out par. (3). Text read as follows: "Effective upon increased funding beyond fiscal year 1999 for such Initiative, additional grants may be made to States to assist communities with technical assistance, replication of successful projects, and State policy formation to reduce infant and maternal mortality and morbidity." Subsec. (b). Pub. L. 110-339, Sec. 2(a), substituted "Considerations in making grants" for "Requirements for making grants" in heading, designated existing provisions as par. (1), inserted par. heading, and added pars. (2) and (3). Subsec. (e). Pub. L. 110-339, Sec. 2(b)(2), (c), added subsec. (e) and struck out former subsec. (e) which related to additional services for at-risk pregnant women and infants. Subsec. (f). Pub. L. 110-339, Sec. 2(b)(2), struck out subsec. (f) which related to funding of program and additional services for at-risk pregnant women and infants. 2004 - Subsec. (e)(3). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office" in heading. -End- -CITE- 42 USC Sec. 254c-9 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-9. Establishment of program of grants -STATUTE- (a) In general The Secretary of Health and Human Services shall in accordance with sections 254c-9 to 254c-13 of this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. (b) Recipients of grants A grant under subsection (a) of this section may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. (c) Certain activities To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) of this section provide services for the diagnosis and disease management of lupus. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient, ambulatory, and home- based health and support services, including case management and comprehensive treatment services, for individuals with lupus; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that prevent unnecessary hospitalization or that expedite discharge, as medically appropriate, from inpatient facilities of individuals with lupus. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with lupus and support services for their families. (d) Integration with other programs To the extent practicable and appropriate, the Secretary shall integrate the program under sections 254c-9 to 254c-13 of this title with other grant programs carried out by the Secretary, including the program under section 254b of this title. -SOURCE- (Pub. L. 106-505, title V, Sec. 521, Nov. 13, 2000, 114 Stat. 2343.) -COD- CODIFICATION Section was enacted as part of the Lupus Research and Care Amendments of 2000, and also as part of the Public Health Improvement Act, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 254c-10 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-10. Certain requirements -STATUTE- A grant may be made under section 254c-9 of this title only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of lupus. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 254c-9(a) of this title to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services - (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 254c-9(a) of this title, post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. -SOURCE- (Pub. L. 106-505, title V, Sec. 522, Nov. 13, 2000, 114 Stat. 2344.) -COD- CODIFICATION Section was enacted as part of the Lupus Research and Care Amendments of 2000, and also as part of the Public Health Improvement Act, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 254c-11 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-11. Technical assistance -STATUTE- The Secretary may provide technical assistance to assist entities in complying with the requirements of sections 254c-9 to 254c-13 of this title in order to make such entities eligible to receive grants under section 254c-9 of this title. -SOURCE- (Pub. L. 106-505, title V, Sec. 523, Nov. 13, 2000, 114 Stat. 2344.) -COD- CODIFICATION Section was enacted as part of the Lupus Research and Care Amendments of 2000, and also as part of the Public Health Improvement Act, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 254c-12 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-12. Definitions -STATUTE- For purposes of sections 254c-9 to 254c-13 of this title: (1) Official poverty line The term "official poverty line" means the poverty line established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 9902(2) of this title. (2) Secretary The term "Secretary" means the Secretary of Health and Human Services. -SOURCE- (Pub. L. 106-505, title V, Sec. 524, Nov. 13, 2000, 114 Stat. 2344.) -COD- CODIFICATION Section was enacted as part of the Lupus Research and Care Amendments of 2000, and also as part of the Public Health Improvement Act, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 254c-13 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-13. Authorization of appropriations -STATUTE- For the purpose of carrying out sections 254c-9 to 254c-13 of this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2003. -SOURCE- (Pub. L. 106-505, title V, Sec. 525, Nov. 13, 2000, 114 Stat. 2345.) -COD- CODIFICATION Section was enacted as part of the Lupus Research and Care Amendments of 2000, and also as part of the Public Health Improvement Act, and not as part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 254c-14 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-14. Telehealth network and telehealth resource centers grant programs -STATUTE- (a) Definitions In this section: (1) Director; Office The terms "Director" and "Office" mean the Director and Office specified in subsection (c) of this section. (2) Federally qualified health center and rural health clinic The term "Federally qualified health center" and "rural health clinic" have the meanings given the terms in section 1395x(aa) of this title. (3) Frontier community The term "frontier community" shall have the meaning given the term in regulations issued under subsection (r) of this section. (4) Medically underserved area The term "medically underserved area" has the meaning given the term "medically underserved community" in section 295p(6) of this title. (5) Medically underserved population The term "medically underserved population" has the meaning given the term in section 254b(b)(3) of this title. (6) Telehealth services The term "telehealth services" means services provided through telehealth technologies. (7) Telehealth technologies The term "telehealth technologies" means technologies relating to the use of electronic information, and telecommunications technologies, to support and promote, at a distance, health care, patient and professional health-related education, health administration, and public health. (b) Programs The Secretary shall establish, under section 241 of this title, telehealth network and telehealth resource centers grant programs. (c) Administration (1) Establishment There is established in the Health Resources and Services Administration an Office for the Advancement of Telehealth. The Office shall be headed by a Director. (2) Duties The telehealth network and telehealth resource centers grant programs established under section 241 of this title shall be administered by the Director, in consultation with the State offices of rural health, State offices concerning primary care, or other appropriate State government entities. (d) Grants (1) Telehealth network grants The Director may, in carrying out the telehealth network grant program referred to in subsection (b) of this section, award grants to eligible entities for projects to demonstrate how telehealth technologies can be used through telehealth networks in rural areas, frontier communities, and medically underserved areas, and for medically underserved populations, to - (A) expand access to, coordinate, and improve the quality of health care services; (B) improve and expand the training of health care providers; and (C) expand and improve the quality of health information available to health care providers, and patients and their families, for decisionmaking. (2) Telehealth resource centers grants The Director may, in carrying out the telehealth resource centers grant program referred to in subsection (b) of this section, award grants to eligible entities for projects to demonstrate how telehealth technologies can be used in the areas and communities, and for the populations, described in paragraph (1), to establish telehealth resource centers. (e) Grant periods The Director may award grants under this section for periods of not more than 4 years. (f) Eligible entities (1) Telehealth network grants (A) Grant recipient To be eligible to receive a grant under subsection (d)(1) of this section, an entity shall be a nonprofit entity. (B) Telehealth networks (i) In general To be eligible to receive a grant under subsection (d)(1) of this section, an entity shall demonstrate that the entity will provide services through a telehealth network. (ii) Nature of entities Each entity participating in the telehealth network may be a nonprofit or for-profit entity. (iii) Composition of network The telehealth network shall include at least 2 of the following entities (at least 1 of which shall be a community- based health care provider): (I) Community or migrant health centers or other Federally qualified health centers. (II) Health care providers, including pharmacists, in private practice. (III) Entities operating clinics, including rural health clinics. (IV) Local health departments. (V) Nonprofit hospitals, including community access hospitals. (VI) Other publicly funded health or social service agencies. (VII) Long-term care providers. (VIII) Providers of health care services in the home. (IX) Providers of outpatient mental health services and entities operating outpatient mental health facilities. (X) Local or regional emergency health care providers. (XI) Institutions of higher education. (XII) Entities operating dental clinics. (2) Telehealth resource centers grants To be eligible to receive a grant under subsection (d)(2) of this section, an entity shall be a nonprofit entity. (g) Applications To be eligible to receive a grant under subsection (d) of this section, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including - (1) a description of the project that the eligible entity will carry out using the funds provided under the grant; (2) a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, or improve the access to services of, and the quality of the services received by, those populations; (3) evidence of local support for the project, and a description of how the areas, communities, or populations to be served will be involved in the development and ongoing operations of the project; (4) a plan for sustaining the project after Federal support for the project has ended; (5) information on the source and amount of non-Federal funds that the entity will provide for the project; (6) information demonstrating the long-term viability of the project, and other evidence of institutional commitment of the entity to the project; (7) in the case of an application for a project involving a telehealth network, information demonstrating how the project will promote the integration of telehealth technologies into the operations of health care providers, to avoid redundancy, and improve access to and the quality of care; and (8) other such information as the Secretary determines to be appropriate. (h) Terms; conditions; maximum amount of assistance The Secretary shall establish the terms and conditions of each grant program described in subsection (b) of this section and the maximum amount of a grant to be awarded to an individual recipient for each fiscal year under this section. The Secretary shall publish, in a publication of the Health Resources and Services Administration, notice of the application requirements for each grant program described in subsection (b) of this section for each fiscal year. (i) Preferences (1) Telehealth networks In awarding grants under subsection (d)(1) of this section for projects involving telehealth networks, the Secretary shall give preference to an eligible entity that meets at least 1 of the following requirements: (A) Organization The eligible entity is a rural community-based organization or another community-based organization. (B) Services The eligible entity proposes to use Federal funds made available through such a grant to develop plans for, or to establish, telehealth networks that provide mental health, public health, long-term care, home care, preventive, or case management services. (C) Coordination The eligible entity demonstrates how the project to be carried out under the grant will be coordinated with other relevant federally funded projects in the areas, communities, and populations to be served through the grant. (D) Network The eligible entity demonstrates that the project involves a telehealth network that includes an entity that - (i) provides clinical health care services, or educational services for health care providers and for patients or their families; and (ii) is - (I) a public library; (II) an institution of higher education; or (III) a local government entity. (E) Connectivity The eligible entity proposes a project that promotes local connectivity within areas, communities, or populations to be served through the project. (F) Integration The eligible entity demonstrates that health care information has been integrated into the project. (2) Telehealth resource centers In awarding grants under subsection (d)(2) of this section for projects involving telehealth resource centers, the Secretary shall give preference to an eligible entity that meets at least 1 of the following requirements: (A) Provision of services The eligible entity has a record of success in the provision of telehealth services to medically underserved areas or medically underserved populations. (B) Collaboration and sharing of expertise The eligible entity has a demonstrated record of collaborating and sharing expertise with providers of telehealth services at the national, regional, State, and local levels. (C) Broad range of telehealth services The eligible entity has a record of providing a broad range of telehealth services, which may include - (i) a variety of clinical specialty services; (ii) patient or family education; (iii) health care professional education; and (iv) rural residency support programs. (j) Distribution of funds (1) In general In awarding grants under this section, the Director shall ensure, to the greatest extent possible, that such grants are equitably distributed among the geographical regions of the United States. (2) Telehealth networks In awarding grants under subsection (d)(1) of this section for a fiscal year, the Director shall ensure that - (A) not less than 50 percent of the funds awarded shall be awarded for projects in rural areas; and (B) the total amount of funds awarded for such projects for that fiscal year shall be not less than the total amount of funds awarded for such projects for fiscal year 2001 under section 254c of this title (as in effect on the day before October 26, 2002). (k) Use of funds (1) Telehealth network program The recipient of a grant under subsection (d)(1) of this section may use funds received through such grant for salaries, equipment, and operating or other costs, including the cost of - (A) developing and delivering clinical telehealth services that enhance access to community-based health care services in rural areas, frontier communities, or medically underserved areas, or for medically underserved populations; (B) developing and acquiring, through lease or purchase, computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other equipment that furthers the objectives of the telehealth network grant program; (C)(i) developing and providing distance education, in a manner that enhances access to care in rural areas, frontier communities, or medically underserved areas, or for medically underserved populations; or (ii) mentoring, precepting, or supervising health care providers and students seeking to become health care providers, in a manner that enhances access to care in the areas and communities, or for the populations, described in clause (i); (D) developing and acquiring instructional programming; (E)(i) providing for transmission of medical data, and maintenance of equipment; and (ii) providing for compensation (including travel expenses) of specialists, and referring health care providers, who are providing telehealth services through the telehealth network, if no third party payment is available for the telehealth services delivered through the telehealth network; (F) developing projects to use telehealth technology to facilitate collaboration between health care providers; (G) collecting and analyzing usage statistics and data to document the cost-effectiveness of the telehealth services; and (H) carrying out such other activities as are consistent with achieving the objectives of this section, as determined by the Secretary. (2) Telehealth resource centers The recipient of a grant under subsection (d)(2) of this section may use funds received through such grant for salaries, equipment, and operating or other costs for - (A) providing technical assistance, training, and support, and providing for travel expenses, for health care providers and a range of health care entities that provide or will provide telehealth services; (B) disseminating information and research findings related to telehealth services; (C) promoting effective collaboration among telehealth resource centers and the Office; (D) conducting evaluations to determine the best utilization of telehealth technologies to meet health care needs; (E) promoting the integration of the technologies used in clinical information systems with other telehealth technologies; (F) fostering the use of telehealth technologies to provide health care information and education for health care providers and consumers in a more effective manner; and (G) implementing special projects or studies under the direction of the Office. (l) Prohibited uses of funds An entity that receives a grant under this section may not use funds made available through the grant - (1) to acquire real property; (2) for expenditures to purchase or lease equipment, to the extent that the expenditures would exceed 40 percent of the total grant funds; (3) in the case of a project involving a telehealth network, to purchase or install transmission equipment (such as laying cable or telephone lines, or purchasing or installing microwave towers, satellite dishes, amplifiers, or digital switching equipment); (4) to pay for any equipment or transmission costs not directly related to the purposes for which the grant is awarded; (5) to purchase or install general purpose voice telephone systems; (6) for construction; or (7) for expenditures for indirect costs (as determined by the Secretary), to the extent that the expenditures would exceed 15 percent of the total grant funds. (m) Collaboration In providing services under this section, an eligible entity shall collaborate, if feasible, with entities that - (1)(A) are private or public organizations, that receive Federal or State assistance; or (B) are public or private entities that operate centers, or carry out programs, that receive Federal or State assistance; and (2) provide telehealth services or related activities. (n) Coordination with other agencies The Secretary shall coordinate activities carried out under grant programs described in subsection (b) of this section, to the extent practicable, with Federal and State agencies and nonprofit organizations that are operating similar programs, to maximize the effect of public dollars in funding meritorious proposals. (o) Outreach activities The Secretary shall establish and implement procedures to carry out outreach activities to advise potential end users of telehealth services in rural areas, frontier communities, medically underserved areas, and medically underserved populations in each State about the grant programs described in subsection (b) of this section. (p) Telehealth It is the sense of Congress that, for purposes of this section, States should develop reciprocity agreements so that a provider of services under this section who is a licensed or otherwise authorized health care provider under the law of 1 or more States, and who, through telehealth technology, consults with a licensed or otherwise authorized health care provider in another State, is exempt, with respect to such consultation, from any State law of the other State that prohibits such consultation on the basis that the first health care provider is not a licensed or authorized health care provider under the law of that State. (q) Report Not later than September 30, 2005, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress and accomplishments of the grant programs described in subsection (b) of this section. (r) Regulations The Secretary shall issue regulations specifying, for purposes of this section, a definition of the term "frontier area". The definition shall be based on factors that include population density, travel distance in miles to the nearest medical facility, travel time in minutes to the nearest medical facility, and such other factors as the Secretary determines to be appropriate. The Secretary shall develop the definition in consultation with the Director of the Bureau of the Census and the Administrator of the Economic Research Service of the Department of Agriculture. (s) Authorization of appropriations There are authorized to be appropriated to carry out this section - (1) for grants under subsection (d)(1) of this section, $40,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006; and (2) for grants under subsection (d)(2) of this section, $20,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330I, as added Pub. L. 107- 251, title II, Sec. 212, Oct. 26, 2002, 116 Stat. 1632; amended Pub. L. 108-163, Sec. 2(c), Dec. 6, 2003, 117 Stat. 2021.) -MISC1- AMENDMENTS 2003 - Subsec. (a)(4). Pub. L. 108-163, Sec. 2(c)(1), substituted "section 295p(6)" for "section 295p". Subsec. (c)(1). Pub. L. 108-163, Sec. 2(c)(2), substituted "Health Resources and Services Administration" for "Health and Resources and Services Administration". EFFECTIVE DATE OF 2003 AMENDMENT Amendments by Pub. L. 108-163 deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as a note under section 233 of this title. -End- -CITE- 42 USC Sec. 254c-15 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-15. Rural emergency medical service training and equipment assistance program -STATUTE- (a) Grants The Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the "Secretary") shall award grants to eligible entities to enable such entities to provide for improved emergency medical services in rural areas. (b) Eligibility To be eligible to receive a grant under this section, an entity shall - (1) be - (A) a State emergency medical services office; (B) a State emergency medical services association; (C) a State office of rural health; (D) a local government entity; (E) a State or local ambulance provider; or (F) any other entity determined appropriate by the Secretary; and (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that includes - (A) a description of the activities to be carried out under the grant; and (B) an assurance that the eligible entity will comply with the matching requirement of subsection (e) of this section. (c) Use of funds An entity shall use amounts received under a grant made under subsection (a) of this section, either directly or through grants to emergency medical service squads that are located in, or that serve residents of, a nonmetropolitan statistical area, an area designated as a rural area by any law or regulation of a State, or a rural census tract of a metropolitan statistical area (as determined under the most recent Goldsmith Modification, originally published in a notice of availability of funds in the Federal Register on February 27, 1992, 57 Fed. Reg. 6725), to - (1) recruit emergency medical service personnel; (2) recruit volunteer emergency medical service personnel; (3) train emergency medical service personnel in emergency response, injury prevention, safety awareness, and other topics relevant to the delivery of emergency medical services; (4) fund specific training to meet Federal or State certification requirements; (5) develop new ways to educate emergency health care providers through the use of technology-enhanced educational methods (such as distance learning); (6) acquire emergency medical services equipment, including cardiac defibrillators; (7) acquire personal protective equipment for emergency medical services personnel as required by the Occupational Safety and Health Administration; and (8) educate the public concerning cardiopulmonary resuscitation, first aid, injury prevention, safety awareness, illness prevention, and other related emergency preparedness topics. (d) Preference In awarding grants under this section the Secretary shall give preference to - (1) applications that reflect a collaborative effort by 2 or more of the entities described in subparagraphs (A) through (F) of subsection (b)(1) of this section; and (2) applications submitted by entities that intend to use amounts provided under the grant to fund activities described in any of paragraphs (1) through (5) of subsection (c) of this section. (e) Matching requirement The Secretary may not award a grant under this section to an entity unless the entity agrees that the entity will make available (directly or through contributions from other public or private entities) non-Federal contributions toward the activities to be carried out under the grant in an amount equal to 25 percent of the amount received under the grant. (f) Emergency medical services In this section, the term "emergency medical services" - (1) means resources used by a qualified public or private nonprofit entity, or by any other entity recognized as qualified by the State involved, to deliver medical care outside of a medical facility under emergency conditions that occur - (A) as a result of the condition of the patient; or (B) as a result of a natural disaster or similar situation; and (2) includes services delivered by an emergency medical services provider (either compensated or volunteer) or other provider recognized by the State involved that is licensed or certified by the State as an emergency medical technician or its equivalent (as determined by the State), a registered nurse, a physician assistant, or a physician that provides services similar to services provided by such an emergency medical services provider. (g) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2002 through 2006. (2) Administrative costs The Secretary may use not more than 10 percent of the amount appropriated under paragraph (1) for a fiscal year for the administrative expenses of carrying out this section. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330J, as added Pub. L. 107- 251, title II, Sec. 221, Oct. 26, 2002, 116 Stat. 1638.) -End- -CITE- 42 USC Sec. 254c-16 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-16. Mental health services delivered via telehealth -STATUTE- (a) Definitions In this section: (1) Eligible entity The term "eligible entity" means a public or nonprofit private telehealth provider network that offers services that include mental health services provided by qualified mental health providers. (2) Qualified mental health professionals The term "qualified mental health professionals" refers to providers of mental health services reimbursed under the medicare program carried out under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) who have additional training in the treatment of mental illness in children and adolescents or who have additional training in the treatment of mental illness in the elderly. (3) Special populations The term "special populations" refers to the following 2 distinct groups: (A) Children and adolescents in mental health underserved rural areas or in mental health underserved urban areas. (B) Elderly individuals located in long-term care facilities in mental health underserved rural or urban areas. (4) Telehealth The term "telehealth" means the use of electronic information and telecommunications technologies to support long distance clinical health care, patient and professional health-related education, public health, and health administration. (b) Program authorized (1) In general The Secretary, acting through the Director of the Office for the Advancement of Telehealth of the Health Resources and Services Administration, shall award grants to eligible entities to establish demonstration projects for the provision of mental health services to special populations as delivered remotely by qualified mental health professionals using telehealth and for the provision of education regarding mental illness as delivered remotely by qualified mental health professionals using telehealth. (2) Populations served The Secretary shall award the grants under paragraph (1) in a manner that distributes the grants so as to serve equitably the populations described in subparagraphs (A) and (B) of subsection (a)(3) of this section. (c) Use of funds (1) In general An eligible entity that receives a grant under this section shall use the grant funds - (A) for the populations described in subsection (a)(3)(A) of this section - (i) to provide mental health services, including diagnosis and treatment of mental illness, as delivered remotely by qualified mental health professionals using telehealth; and (ii) to collaborate with local public health entities to provide the mental health services; and (B) for the populations described in subsection (a)(3)(B) of this section - (i) to provide mental health services, including diagnosis and treatment of mental illness, in long-term care facilities as delivered remotely by qualified mental health professionals using telehealth; and (ii) to collaborate with local public health entities to provide the mental health services. (2) Other uses An eligible entity that receives a grant under this section may also use the grant funds to - (A) pay telecommunications costs; and (B) pay qualified mental health professionals on a reasonable cost basis as determined by the Secretary for services rendered. (3) Prohibited uses An eligible entity that receives a grant under this section shall not use the grant funds to - (A) purchase or install transmission equipment (other than such equipment used by qualified mental health professionals to deliver mental health services using telehealth under the project involved); or (B) build upon or acquire real property. (d) Equitable distribution In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among geographical regions of the United States. (e) Application An entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary determines to be reasonable. (f) Report Not later than 4 years after October 26, 2002, the Secretary shall prepare and submit to the appropriate committees of Congress a report that shall evaluate activities funded with grants under this section. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section, $20,000,000 for fiscal year 2002 and such sums as may be necessary for fiscal years 2003 through 2006. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330K, as added Pub. L. 107- 251, title II, Sec. 221, Oct. 26, 2002, 116 Stat. 1640; amended Pub. L. 108-163, Sec. 2(d), Dec. 6, 2003, 117 Stat. 2021.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the Act is classified generally to subchapter XVIII (Sec. 1395 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC1- AMENDMENTS 2003 - Subsec. (b)(2). Pub. L. 108-163, Sec. 2(d)(1), substituted "subsection (a)(3)" for "subsection (a)(4)". Subsec. (c)(1)(A). Pub. L. 108-163, Sec. 2(d)(2)(A), substituted "subsection (a)(3)(A)" for "subsection (a)(4)(A)". Subsec. (c)(1)(B). Pub. L. 108-163, Sec. 2(d)(2)(B), substituted "subsection (a)(3)(B)" for "subsection (a)(4)(B)". EFFECTIVE DATE OF 2003 AMENDMENT Amendments by Pub. L. 108-163 deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as a note under section 233 of this title. -End- -CITE- 42 USC Sec. 254c-17 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-17. Repealed. -MISC1- Sec. 254c-17. Repealed. Pub. L. 108-163, Sec. 2(e)(2), Dec. 6, 2003, 117 Stat. 2021. Section, Pub. L. 107-251, title I, Sec. 102, Oct. 26, 2002, 116 Stat. 1627, provided for grants to State professional licensing boards to develop and implement State policies to promote telemedicine. EFFECTIVE DATE OF REPEAL Repeal deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as an Effective Date of 2003 Amendments note under section 233 of this title. -End- -CITE- 42 USC Sec. 254c-18 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart i - health centers -HEAD- Sec. 254c-18. Telemedicine; incentive grants regarding coordination among States -STATUTE- (a) In general The Secretary may make grants to State professional licensing boards to carry out programs under which such licensing boards of various States cooperate to develop and implement State policies that will reduce statutory and regulatory barriers to telemedicine. (b) Authorization of appropriations For the purpose of carrying out subsection (a) of this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 330L, as added Pub. L. 108- 163, Sec. 2(e)(1), Dec. 6, 2003, 117 Stat. 2021.) -MISC1- EFFECTIVE DATE Section deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as an Effective Date of 2003 Amendments note under section 233 of this title. -End- -CITE- 42 USC subpart ii - national health service corps program 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart ii - national health service corps program -HEAD- SUBPART II - NATIONAL HEALTH SERVICE CORPS PROGRAM -MISC1- AMENDMENTS 1976 - Pub. L. 94-484, title IV, Sec. 407(b)(3), Oct. 12, 1976, 90 Stat. 2268, added heading "Subpart II - National Health Service Corps Program". -End- -CITE- 42 USC Sec. 254d 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart ii - national health service corps program -HEAD- Sec. 254d. National Health Service Corps -STATUTE- (a) Establishment; composition; purpose; definitions (1) For the purpose of eliminating health manpower shortages in health professional shortage areas, there is established, within the Service, the National Health Service Corps, which shall consist of - (A) such officers of the Regular and Reserve Corps of the Service as the Secretary may designate, (B) such civilian employees of the United States as the Secretary may appoint, and (C) such other individuals who are not employees of the United States. (2) The Corps shall be utilized by the Secretary to provide primary health services in health professional shortage areas. (3) For purposes of this subpart and subpart III: (A) The term "Corps" means the National Health Service Corps. (B) The term "Corps member" means each of the officers, employees, and individuals of which the Corps consists pursuant to paragraph (1). (C) The term "health professional shortage area" has the meaning given such term in section 254e(a) of this title. (D) The term "primary health services" means health services regarding family medicine, internal medicine, pediatrics, obstetrics and gynecology, dentistry, or mental health, that are provided by physicians or other health professionals. (E)(i) The term "behavioral and mental health professionals" means health service psychologists, licensed clinical social workers, licensed professional counselors, marriage and family therapists, psychiatric nurse specialists, and psychiatrists. (ii) The term "graduate program of behavioral and mental health" means a program that trains behavioral and mental health professionals. (b) Recruitment and fellowship programs (1) The Secretary may conduct at schools of medicine, osteopathic medicine, dentistry, and, as appropriate, nursing and other schools of the health professions, including schools at which graduate programs of behavioral and mental health are offered, and at entities which train allied health personnel, recruiting programs for the Corps, the Scholarship Program, and the Loan Repayment Program. Such recruiting programs shall include efforts to recruit individuals who will serve in the Corps other than pursuant to obligated service under the Scholarship or Loan Repayment Program. (2) In the case of physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, and physician assistants who have an interest and a commitment to providing primary health care, the Secretary may establish fellowship programs to enable such health professionals to gain exposure to and expertise in the delivery of primary health services in health professional shortage areas. To the maximum extent practicable, the Secretary shall ensure that any such programs are established in conjunction with accredited residency programs, and other training programs, regarding such health professions. (c) Travel and moving expenses; persons entitled; reimbursement; limitation (1) The Secretary may reimburse an applicant for a position in the Corps (including an individual considering entering into a written agreement pursuant to section 254n of this title) for the actual and reasonable expenses incurred in traveling to and from the applicant's place of residence to an eligible site to which the applicant may be assigned under section 254f of this title for the purpose of evaluating such site with regard to being assigned at such site. The Secretary may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses. (2) The Secretary may also reimburse the applicant for the actual and reasonable expenses incurred for the travel of 1 family member to accompany the applicant to such site. The Secretary may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses. (3) In the case of an individual who has entered into a contract for obligated service under the Scholarship Program or under the Loan Repayment Program, the Secretary may reimburse such individual for all or part of the actual and reasonable expenses incurred in transporting the individual, the individual's family, and the family's possessions to the site of the individual's assignment under section 254f of this title. The Secretary may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses. (d) Monthly pay adjustments of members directly engaged in delivery of health services in health professional shortage area; "monthly pay" defined; monthly pay adjustment of member with service obligation incurred under Scholarship Program or Loan Repayment Program; personnel system applicable (1) The Secretary may, under regulations promulgated by the Secretary, adjust the monthly pay of each member of the Corps (other than a member described in subsection (a)(1)(C) of this section) who is directly engaged in the delivery of health services in a health professional shortage area as follows: (A) During the first 36 months in which such a member is so engaged in the delivery of health services, his monthly pay may be increased by an amount which when added to the member's monthly pay and allowances will provide a monthly income competitive with the average monthly income from a practice of an individual who is a member of the profession of the Corps member, who has equivalent training, and who has been in practice for a period equivalent to the period during which the Corps member has been in practice. (B) During the period beginning upon the expiration of the 36 months referred to in subparagraph (A) and ending with the month in which the member's monthly pay and allowances are equal to or exceed the monthly income he received for the last of such 36 months, the member may receive in addition to his monthly pay and allowances an amount which when added to such monthly pay and allowances equals the monthly income he received for such last month. (C) For each month in which a member is directly engaged in the delivery of health services in a health professional shortage area in accordance with an agreement with the Secretary entered into under section 294n(f)(1)(C) (!1) of this title, under which the Secretary is obligated to make payments in accordance with section 294n(f)(2) (!1) of this title, the amount of any monthly increase under subparagraph (A) or (B) with respect to such member shall be decreased by an amount equal to one-twelfth of the amount which the Secretary is obligated to pay upon the completion of the year of practice in which such month occurs. For purposes of subparagraphs (A) and (B), the term "monthly pay" includes special pay received under chapter 5 of title 37. (2) In the case of a member of the Corps who is directly engaged in the delivery of health services in a health professional shortage area in accordance with a service obligation incurred under the Scholarship Program or the Loan Repayment Program, the adjustment in pay authorized by paragraph (1) may be made for such a member only upon satisfactory completion of such service obligation, and the first 36 months of such member's being so engaged in the delivery of health services shall, for purposes of paragraph (1)(A), be deemed to begin upon such satisfactory completion. (3) A member of the Corps described in subparagraph (C) of subsection (a)(1) of this section shall when assigned to an entity under section 254f of this title be subject to the personnel system of such entity, except that such member shall receive during the period of assignment the income that the member would receive if the member was a member of the Corps described in subparagraph (B) of such subsection. (e) Employment ceiling of Department not affected by Corps members Corps members assigned under section 254f of this title to provide health services in health professional shortage areas shall not be counted against any employment ceiling affecting the Department. (f) Assignment of personnel provisions inapplicable to members whose service obligation incurred under Scholarship Program or Loan Repayment Program Sections 215 and 217 of this title shall not apply to members of the National Health Service Corps during their period of obligated service under the Scholarship Program or the Loan Repayment Program, except when such members are Commissioned Corps officers who entered into a contract with (!2) Secretary under section 254l or 254l-1 of this title after December 31, 2006 and when the Secretary determines that exercising the authority provided under section 215 or 217 of this title with respect to any such officer to (!3) would not cause unreasonable disruption to health care services provided in the community in which such officer is providing health care services. (g) Conversion from Corps member to commissioned officer; retirement credits (1) The Secretary shall, by rule, prescribe conversion provisions applicable to any individual who, within a year after completion of service as a member of the Corps described in subsection (a)(1)(C) of this section, becomes a commissioned officer in the Regular or Reserve Corps of the Service. (2) The rules prescribed under paragraph (1) shall provide that in applying the appropriate provisions of this chapter which relate to retirement, any individual who becomes such an officer shall be entitled to have credit for any period of service as a member of the Corps described in subsection (a)(1)(C) of this section. (h) Effective administration of program The Secretary shall ensure that adequate staff is provided to the Service with respect to effectively administering the program for the Corps. (i) Demonstration projects; waivers (1) In carrying out subpart III, the Secretary may, in accordance with this subsection, issue waivers to individuals who have entered into a contract for obligated service under the Scholarship Program or the Loan Repayment Program under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical practice that is half time. (2) A waiver described in paragraph (1) may be provided by the Secretary only if - (A) the entity for which the service is to be performed - (i) has been approved under section 254f-1 of this title for assignment of a Corps member; and (ii) has requested in writing assignment of a health professional who would serve half time; (B) the Secretary has determined that assignment of a health professional who would serve half time would be appropriate for the area where the entity is located; (C) a Corps member who is required to perform obligated service has agreed in writing to be assigned for half-time service to an entity described in subparagraph (A); (D) the entity and the Corps member agree in writing that the Corps member will perform half-time clinical practice; (E) the Corps member agrees in writing to fulfill all of the service obligations under section 254m of this title through half- time clinical practice and either - (i) double the period of obligated service that would otherwise be required; or (ii) in the case of contracts entered into under section 254l- 1 of this title, accept a minimum service obligation of 2 years with an award amount equal to 50 percent of the amount that would otherwise be payable for full-time service; and (F) the Corps member agrees in writing that if the Corps member begins providing half-time service but fails to begin or complete the period of obligated service, the method stated in 254o(c) of this title for determining the damages for breach of the individual's written contract will be used after converting periods of obligated service or of service performed into their full-time equivalents. (3) In evaluating waivers issued under paragraph (1), the Secretary shall examine the effect of multidisciplinary teams. (j) Definitions For the purposes of this subpart and subpart III: (1) The term "Department" means the Department of Health and Human Services. (2) The term "Loan Repayment Program" means the National Health Service Corps Loan Repayment Program established under section 254l-1 of this title. (3) The term "Scholarship Program" means the National Health Service Corps Scholarship Program established under section 254l of this title. (4) The term "State" includes, in addition to the several States, only the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. (5) The terms "full time" and "full-time" mean a minimum of 40 hours per week in a clinical practice, for a minimum of 45 weeks per year. (6) The terms "half time" and "half-time" mean a minimum of 20 hours per week (not to exceed 39 hours per week) in a clinical practice, for a minimum of 45 weeks per year. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 331, as added Pub. L. 94- 484, title IV, Sec. 407(b)(3), Oct. 12, 1976, 90 Stat. 2268; amended Pub. L. 97-35, title XXVII, Sec. 2701, Aug. 13, 1981, 95 Stat. 902; Pub. L. 100-177, title II, Sec. 202(b), title III, Sec. 301, Dec. 1, 1987, 101 Stat. 996, 1003; Pub. L. 100-607, title VI, Sec. 629(a)(2), Nov. 4, 1988, 102 Stat. 3146; Pub. L. 101-597, title I, Sec. 101, title IV, Sec. 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3013, 3035; Pub. L. 107-251, title III, Sec. 301, Oct. 26, 2002, 116 Stat. 1642; Pub. L. 109-417, title II, Sec. 206(c)(2), Dec. 19, 2006, 120 Stat. 2853; Pub. L. 111-148, title X, Sec. 10501(n)(1), (2), Mar. 23, 2010, 124 Stat. 1002, 1003.) -REFTEXT- REFERENCES IN TEXT Section 294n of this title, referred to in subsec. (d)(1)(C), was in the original a reference to section 741 of act July 1, 1944. Section 741 of that Act was omitted in the general revision of subchapter V of this chapter by Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102-408 enacted a new section 776 of act July 1, 1944, relating to acquired immune deficiency syndrome, which was classified to section 294n of this title, and subsequently renumbered section 2692 and transferred to section 300ff-111 of this title. -MISC1- AMENDMENTS 2010 - Subsec. (i)(1). Pub. L. 111-148, Sec. 10501(n)(1)(A), substituted "issue waivers to individuals who have entered into a contract for obligated service under the Scholarship Program or the Loan Repayment Program under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical practice that is half time" for "carry out demonstration projects in which individuals who have entered into a contract for obligated service under the Loan Repayment Program receive waivers under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical service that is not full-time". Subsec. (i)(2)(A)(ii), (B). Pub. L. 111-148, Sec. 10501(n)(1)(B)(i), substituted "half time" for "less than full time". Subsec. (i)(2)(C). Pub. L. 111-148, Sec. 10501(n)(1)(B)(ii), substituted "half-time service" for "less than full-time service". Subsec. (i)(2)(D), (E). Pub. L. 111-148, Sec. 10501(n)(1)(B)(iii), amended subpars. (D) and (E) generally. Prior to amendment, subpars. (D) and (E) read as follows: "(D) the entity and the Corps member agree in writing that the less than full-time service provided by the Corps member will not be less than 16 hours of clinical service per week; "(E) the Corps member agrees in writing that the period of obligated service pursuant to section 254l-1 of this title will be extended so that the aggregate amount of less than full-time service performed will equal the amount of service that would be performed through full-time service under section 254m of this title; and". Subsec. (i)(2)(F). Pub. L. 111-148, Sec. 10501(n)(1)(B)(ii), substituted "half-time service" for "less than full-time service". Subsec. (i)(3). Pub. L. 111-148, Sec. 10501(n)(1)(C), substituted "In evaluating waivers issued under paragraph (1)" for "In evaluating a demonstration project described in paragraph (1)". Subsec. (j)(5), (6). Pub. L. 111-148, Sec. 10501(n)(2), added pars. (5) and (6). 2006 - Subsec. (f). Pub. L. 109-417 inserted before period at end ", except when such members are Commissioned Corps officers who entered into a contract with Secretary under section 254l or 254l-1 of this title after December 31, 2006 and when the Secretary determines that exercising the authority provided under section 215 or 217 of this title with respect to any such officer to would not cause unreasonable disruption to health care services provided in the community in which such officer is providing health care services". 2002 - Subsec. (a)(3)(E). Pub. L. 107-251, Sec. 301(a)(1), added subpar. (E). Subsec. (b)(1). Pub. L. 107-251, Sec. 301(a)(2)(A), substituted "health professions, including schools at which graduate programs of behavioral and mental health are offered," for "health professions". Subsec. (b)(2). Pub. L. 107-251, Sec. 301(a)(2)(B), inserted "behavioral and mental health professionals," after "dentists,". Subsec. (c). Pub. L. 107-251, Sec. 301(a)(3), added subsec. (c) and struck out former subsec. (c) which read as follows: "The Secretary may reimburse applicants for positions in the Corps (including individuals considering entering into a written agreement pursuant to section 254n of this title) for actual and reasonable expenses incurred in traveling to and from their places of residence to a health professional shortage area (designated under section 254e of this title) in which they may be assigned for the purpose of evaluating such area with regard to being assigned in such area. The Secretary shall not reimburse an applicant for more than one such trip." Subsecs. (i), (j). Pub. L. 107-251, Sec. 301(b), added subsec. (i) and redesignated former subsec. (i) as (j). 1990 - Subsec. (a). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in pars. (1), (2), and (3)(C). Pub. L. 101-597, Sec. 101(a), designated existing provisions as par. (1), substituted "For the purpose of eliminating health manpower shortages in health manpower shortage areas, there is established, within the Service, the National Health Service Corps, which shall consist of - " for "There is established, within the Service, the National Health Service Corps (hereinafter in this subpart referred to as the 'Corps') which (1) shall consist of - ", substituted "States." for "States," at end of subpar. (C), struck out closing provisions which read "(such officers, employees, and individuals hereinafter in this subpart referred to as 'Corps members'), and (2) shall be utilized by the Secretary to improve the delivery of health services in health manpower shortage areas as defined in section 254e(a) of this title.", and added pars. (2) and (3). Subsec. (b). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in par. (2). Pub. L. 101-597, Sec. 101(b), designated existing provision as par. (1), inserted at end "Such recruiting programs shall include efforts to recruit individuals who will serve in the Corps other than pursuant to obligated service under the Scholarship or Loan Repayment Program.", and added par. (2). Subsec. (c). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area. Subsec. (d)(1). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in introductory provisions and in subpar. (C). Subsec. (d)(1)(A). Pub. L. 101-597, Sec. 101(c), struck out "(not to exceed $1,000)" after "by an amount". Subsecs. (d)(2), (e). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area. Subsec. (h). Pub. L. 101-597, Sec. 101(d), added subsec. (h) and struck out former subsec. (h) which read as follows: "In assigning members of the Corps to health manpower shortage areas, to the extent practicable, the Secretary shall - "(1) give priority to meeting the needs of the Indian Health Service and the needs of health programs or facilities operated by tribes or tribal organizations under the Indian Self- Determination Act (25 U.S.C. 450f et seq.); and "(2) provide special consideration to the homeless populations who do not have access to primary health care services." Subsec. (i). Pub. L. 101-597, Sec. 101(e), substituted "of this subpart and subpart III" for "of this subpart". 1988 - Subsec. (b). Pub. L. 100-607 substituted "osteopathic medicine" for "osteopathy". 1987 - Subsec. (b). Pub. L. 100-177, Sec. 202(b)(1), inserted reference to Loan Repayment Program. Subsec. (c). Pub. L. 100-177, Sec. 202(b)(2), made technical amendment to reference to section 254n of this title to reflect renumbering of corresponding section of original act. Subsecs. (d)(2), (f). Pub. L. 100-177, Sec. 202(b)(3), (4), inserted reference to Loan Repayment Program. Subsec. (h). Pub. L. 100-177, Sec. 301(2), added subsec. (h). Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 100-177, Secs. 202(b)(5), 301(1), redesignated subsec. (h) as (i), added par. (2), and redesignated former pars. (2) and (3) as (3) and (4), respectively. 1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 2701(a), revised provisions and, as so revised, set out existing provisions in cls. (A) and (B), and added cl. (C). Subsec. (b). Pub. L. 97-35, Sec. 2701(b), substituted "may" for "shall". Subsec. (c). Pub. L. 97-35, Sec. 2701(c), inserted provisions respecting a written agreement under section 254n of this title. Subsec. (d). Pub. L. 97-35, Sec. 2701(d), in par. (1) inserted reference to member described in subsec. (a)(1)(C) of this section, in subpars. (1)(A) and (B) substituted "may" for "shall", and added par. (3). Subsec. (g). Pub. L. 97-35, Sec. 2701(e), substituted provisions relating to conversion from Corps member to commissioned officer and retirement credits, for provisions relating to school participation in development of administrative guidelines. Subsec. (h). Pub. L. 97-35, Sec. 2701(f), in par. (1) substituted "Health and Human Services" for "Health, Education, and Welfare", in par. (2) substituted "254l" for "294t", and in par. (3) inserted reference to Commonwealth with respect to the Northern Mariana Islands. EFFECTIVE DATE OF 1990 AMENDMENT Section 501 of Pub. L. 101-597 provided that: "This Act and the amendments made by this Act [enacting sections 254f-1, 254o-1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q-1, 254s, 294h, 294n, 294aa, 295g-1, 296m, 1320c-5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l-1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later." -TRANS- 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. -MISC2- SPECIAL REPORT ON PRESENT AND FUTURE DIRECTION OF NATIONAL HEALTH SERVICE CORPS; SUBMISSION TO CONGRESS NOT LATER THAN FEBRUARY 1, 1979 Pub. L. 95-626, title I, Sec. 116(c), Nov. 10, 1978, 92 Stat. 3569, directed Secretary, not later than Feb. 1, 1979, in consultation with National Advisory Council of National Health Service Corps and National Advisory Council on Health Professions Education, to submit to Congress a report on the direction of the National Health Service Corps, particularly its role as a health manpower program and as a health services delivery program, the use of members of the Corps in health manpower shortage areas to meet urban and rural health needs, the types of health professions needed to meet urban and rural health needs, and the projected size, composition, and use of the Corps through 1985. EFFECTIVE DATE; OTHER PROVISIONS: HEALTH MANPOWER SHORTAGE AREA; APPROVAL OF APPLICATIONS FOR ASSIGNMENT OF CORPS PERSONNEL; ASSIGNMENT PERIOD, COMMENCEMENT; CREDIT FOR MONTHS OF PRIOR HEALTH CARE AND SERVICES FOR ADDITIONAL PAY BENEFIT; NATIONAL ADVISORY COUNCIL ON THE NATIONAL HEALTH SERVICE CORPS, CONTINUATION OF COUNCIL AND APPOINTMENT OF MEMBERS Pub. L. 94-484, title IV, Sec. 407(c), Oct. 12, 1976, 90 Stat. 2278, provided that: "(1) The amendment made by subsections (a) and (b) [enacting this subpart and repealing section 254b of this title] shall apply only with respect to fiscal years beginning after September 30, 1977, except that the Secretary of Health, Education, and Welfare [now Health and Human Services] shall carry out the activities described in section 332 of the Public Health Service Act (as added by such amendment) [section 254e of this title] after the date of enactment of this Act [Oct. 12, 1976]. "(2)(A) Any area for which a designation under section 329(b) of the Public Health Service Act (as in effect on September 30, 1977) [former section 254b(b) of this title] was in effect on such date and in which National Health Service Corps personnel were, on such date, providing, under an assignment made under such section (as so in effect), health care and services for persons residing in such area shall, effective October 1, 1977, be considered under subpart II of part C of title III of such Act (as added by subsection (b) of this section) [this subpart] to (i) be designated a health manpower shortage area (as defined by section 332 of such Act (as so added)) [section 254e of this title], and (ii) have had an application approved under section 333 of such Act (as so added)) [section 254f of this title] for the assignment of Corps personnel unless, as determined under subparagraph (B) of this paragraph, the assignment period applicable to such area (within the meaning of section 334 (as so added)) [former section 254g of this title] has expired. "(B) The assignment period (within the meaning of such section 334) [former section 254g of this title] applicable to an area described in subparagraph (A) of this paragraph shall be considered to have begun on the date Corps personnel were first assigned to such area under section 329 of such Act (as in effect on September 30, 1977) [former section 254b of this title]. "(C) In the case of any physician or dentist member of the Corps who was providing health care and services on September 30, 1977, under an assignment made under section 329(b) of such Act (as in effect on September 30, 1977) [former section 254b(b) of this title], the number of the months during which such member provided such care and services before October 1, 1977, shall be counted in determining the application of the additional pay provisions of section 331(d) of such Act (as added by subsection (b) of this section) [subsec. (d) of this section] to such number. "(3) The amendment made by subsection (b) which established an Advisory Council previously established under section 329 of the Public Health Service Act [former section 254b of this title] shall not be construed as requiring the establishment of a new Advisory Council under such section 337 [section 254j of this title], and the amendment made by such subsection with respect to the composition of such Advisory Council shall apply with respect to appointments made to the Advisory Council after October 1, 1977, and the Secretary of Health, Education, and Welfare [now Health and Human Services] shall make appointments to the Advisory Council after such date in a manner which will bring about, at the earliest feasible time, the Advisory Council composition prescribed by the amendment." -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. The word "the" probably should appear. (!3) So in original. -End- -CITE- 42 USC Sec. 254e 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart ii - national health service corps program -HEAD- Sec. 254e. Health professional shortage areas -STATUTE- (a) Designation by Secretary; removal from areas designated; "medical facility" defined (1) For purposes of this subpart the term "health professional shortage area" means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a health manpower shortage and which is not reasonably accessible to an adequately served area, (B) a population group which the Secretary determines has such a shortage, or (C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage. All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), that meet the requirements of section 254g of this title shall be automatically designated as having such a shortage. The Secretary shall not remove an area from the areas determined to be health professional shortage areas under subparagraph (A) of the preceding sentence until the Secretary has afforded interested persons and groups in such area an opportunity to provide data and information in support of the designation as a health professional shortage area or a population group described in subparagraph (B) of such sentence or a facility described in subparagraph (C) of such sentence, and has made a determination on the basis of the data and information submitted by such persons and groups and other data and information available to the Secretary. (2) For purposes of this subsection, the term "medical facility" means a facility for the delivery of health services and includes - (A) a hospital, State mental hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, community mental health center, migrant health center, facility operated by a city or county health department, and community health center; (B) such a facility of a State correctional institution or of the Indian Health Service, and a health program or facility operated by a tribe or tribal organization under the Indian Self- Determination Act [25 U.S.C. 450f et seq.]; (C) such a facility used in connection with the delivery of health services under section 248 of this title (relating to hospitals), 249 of this title (relating to care and treatment of persons under quarantine and others), 250 of this title (relating to care and treatment of Federal prisoners), 251 of this title (relating to examination and treatment of certain Federal employees), 252 of this title (relating to examination of aliens), 253 of this title (relating to services to certain Federal employees), 247e of this title (relating to services for persons with Hansen's disease), or 254b(h) of this title (relating to the provision of health services to homeless individuals); and (D) a Federal medical facility. (3) Homeless individuals (as defined in section 254b(h)(5) of this title), seasonal agricultural workers (as defined in section 254b(g)(3) of this title) and migratory agricultural workers (as so defined)), and residents of public housing (as defined in section 1437a(b)(1) of this title) may be population groups under paragraph (1). (b) Criteria for designation of health professional shortage areas; promulgation of regulations The Secretary shall establish by regulation criteria for the designation of areas, population groups, medical facilities, and other public facilities, in the States, as health professional shortage areas. In establishing such criteria, the Secretary shall take into consideration the following: (1) The ratio of available health manpower to the number of individuals in an area or population group, or served by a medical facility or other public facility under consideration for designation. (2) Indicators of a need, notwithstanding the supply of health manpower, for health services for the individuals in an area or population group or served by a medical facility or other public facility under consideration for designation. (3) The percentage of physicians serving an area, population group, medical facility, or other public facility under consideration for designation who are employed by hospitals and who are graduates of foreign medical schools. (c) Considerations in determination of designation In determining whether to make a designation, the Secretary shall take into consideration the following: (1) The recommendations of the Governor of each State in which the area, population group, medical facility, or other public facility under consideration for designation is in whole or part located. (2) The extent to which individuals who are (A) residents of the area, members of the population group, or patients in the medical facility or other public facility under consideration for designation, and (B) entitled to have payment made for medical services under title XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.], cannot obtain such services because of suspension of physicians from the programs under such titles. (d) Designation; publication of descriptive lists (1) In accordance with the criteria established under subsection (b) of this section and the considerations listed in subsection (c) of this section the Secretary shall designate health professional shortage areas in the States, publish a descriptive list of the areas, population groups, medical facilities, and other public facilities so designated, and at least annually review and, as necessary, revise such designations. (2) For purposes of paragraph (1), a complete descriptive list shall be published in the Federal Register not later than July 1 of 1991 and each subsequent year. (e) Notice of proposed designation of areas and facilities; time for comment (1) Prior to the designation of a public facility, including a Federal medical facility, as a health professional shortage area, the Secretary shall give written notice of such proposed designation to the chief administrative officer of such facility and request comments within 30 days with respect to such designation. (2) Prior to the designation of a health professional shortage area under this section, the Secretary shall, to the extent practicable, give written notice of the proposed designation of such area to appropriate public or private nonprofit entities which are located or have a demonstrated interest in such area and request comments from such entities with respect to the proposed designation of such area. (f) Notice of designation The Secretary shall give written notice of the designation of a health professional shortage area, not later than 60 days from the date of such designation, to - (1) the Governor of each State in which the area, population group, medical facility, or other public facility so designated is in whole or part located; and (2) appropriate public or nonprofit private entities which are located or which have a demonstrated interest in the area so designated. (g) Recommendations to Secretary Any person may recommend to the Secretary the designation of an area, population group, medical facility, or other public facility as a health professional shortage area. (h) Public information programs in designated areas The Secretary may conduct such information programs in areas, among population groups, and in medical facilities and other public facilities designated under this section as health professional shortage areas as may be necessary to inform public and nonprofit private entities which are located or have a demonstrated interest in such areas of the assistance available under this subchapter by virtue of the designation of such areas. (i) Dissemination The Administrator of the Health Resources and Services Administration shall disseminate information concerning the designation criteria described in subsection (b) of this section to - (1) the Governor of each State; (2) the representative of any area, population group, or facility selected by any such Governor to receive such information; (3) the representative of any area, population group, or facility that requests such information; and (4) the representative of any area, population group, or facility determined by the Administrator to be likely to meet the criteria described in subsection (b) of this section. (j) Regulations and report (1) The Secretary shall submit the report described in paragraph (2) if the Secretary, acting through the Administrator of the Health Resources and Services Administration, issues - (A) a regulation that revises the definition of a health professional shortage area for purposes of this section; or (B) a regulation that revises the standards concerning priority of such an area under section 254f-1 of this title. (2) On issuing a regulation described in paragraph (1), the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that describes the regulation. (3) Each regulation described in paragraph (1) shall take effect 180 days after the committees described in paragraph (2) receive a report referred to in such paragraph describing the regulation. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 332, as added Pub. L. 94- 484, title IV, Sec. 407(b)(3), Oct. 12, 1976, 90 Stat. 2270; amended Pub. L. 95-142, Sec. 7(d), Oct. 25, 1977, 91 Stat. 1193; Pub. L. 96-32, Sec. 7(d), July 10, 1979, 93 Stat. 84; Pub. L. 97- 35, title IX, Sec. 986(b)(4), title XXVII, Sec. 2702(a), (b), (c), Aug. 13, 1981, 95 Stat. 603, 903, 904; Pub. L. 100-77, title VI, Sec. 602, July 22, 1987, 101 Stat. 515; Pub. L. 100-177, title III, Sec. 302, Dec. 1, 1987, 101 Stat. 1003; Pub. L. 100-607, title VIII, Sec. 802(b)(2), Nov. 4, 1988, 102 Stat. 3169; Pub. L. 100- 628, title VI, Sec. 602(b)(2), Nov. 7, 1988, 102 Stat. 3242; Pub. L. 101-597, title I, Sec. 102, title IV, Sec. 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3014, 3035; Pub. L. 107-251, title III, Sec. 302(a), (d)(2), title VI, Sec. 601(a), Oct. 26, 2002, 116 Stat. 1643, 1645, 1664; Pub. L. 108-163, Sec. 2(f)(1), Dec. 6, 2003, 117 Stat. 2021; Pub. L. 110-355, Sec. 3(b), Oct. 8, 2008, 122 Stat. 3993.) -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsec. (a)(2)(B), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to part A (Sec. 450f et seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables. The Social Security Act, referred to in subsec. (c)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (Sec. 1395 et seq.), XIX (Sec. 1396 et seq.), and XXI (Sec. 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC1- PRIOR PROVISIONS A prior section 332 of act July 1, 1944, was renumbered section 340, and was classified to section 256 of this title prior to repeal by Pub. L. 95-626. AMENDMENTS 2008 - Subsec. (a)(1). Pub. L. 110-355 struck out "Not earlier than 6 years after such date of designation, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Federal regulations regarding the definition of a health professional shortage area for purposes of this section." before "The Secretary shall not". 2003 - Subsec. (a)(1). Pub. L. 108-163, Sec. 2(f)(1)(A), substituted "such date of designation" for "such date of enactment" and "regarding" for ", issued after the date of enactment of this Act, that revise". Subsec. (a)(3). Pub. L. 108-163, Sec. 2(f)(1)(B), substituted "254b(h)(5)" for "254b(h)(4)". Subsec. (b)(2). Pub. L. 108-163, Sec. 2(f)(1)(C), struck out comma before period at end. Subsec. (j). Pub. L. 108-163, Sec. 2(f)(1)(D), added subsec. (j). 2002 - Subsec. (a)(1). Pub. L. 107-251, Sec. 302(a)(1)(A), inserted after first sentence "All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), that meet the requirements of section 254g of this title shall be automatically designated as having such a shortage. Not earlier than 6 years after such date of enactment, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Federal regulations, issued after the date of enactment of this Act, that revise the definition of a health professional shortage area for purposes of this section." Subsec. (a)(2)(C). Pub. L. 107-251, Sec. 601(a), substituted "254b(h)" for "256". Subsec. (a)(3). Pub. L. 107-251, Sec. 302(a)(1)(B), substituted "254b(h)(4) of this title), seasonal agricultural workers (as defined in section 254b(g)(3) of this title) and migratory agricultural workers (as so defined)), and residents of public housing (as defined in section 1437a(b)(1) of this title) may be population groups" for "256(r) of this title) may be a population group". Subsec. (b)(2). Pub. L. 107-251, Sec. 302(a)(2), struck out after "designation," the following: "with special consideration to indicators of - "(A) infant mortality, "(B) access to health services, "(C) health status, and "(D) ability to pay for health services". Subsec. (c)(2)(B). Pub. L. 107-251, Sec. 302(a)(3), substituted "XVIII, XIX, or XXI of the Social Security Act" for "XVIII or XIX of the Social Security Act". Subsec. (i). Pub. L. 107-251, Sec. 302(d)(2), added subsec. (i). 1990 - Subsec. (a)(1). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area wherever appearing. Subsec. (a)(2)(A). Pub. L. 101-597, Sec. 102(b)(1), inserted "facility operated by a city or county health department," before "and community health center". Subsec. (a)(2)(B). Pub. L. 101-597, Sec. 102(b)(2), inserted before semicolon ", and a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act". Subsec. (a)(2)(C). Pub. L. 101-597, Sec. 102(b)(3), substituted "section" for "sections" before "248", struck out "or" before "253" and "or section" before "247e", and inserted before semicolon ", or 256 of this title (relating to the provision of health services to homeless individuals)". Subsec. (b). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area. Pub. L. 101-597, Sec. 102(c)(1), struck out ", promulgated not later than May 1, 1977," after "establish by regulation". Subsec. (c). Pub. L. 101-597, Sec. 102(c)(2), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: "(A) The recommendations of each health systems agency (designated under section 300l-4 of this title) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility under consideration for designation. "(B) The recommendations of the State health planning and development agency (designated under section 300m of this title) if such area, population group, medical facility, or other public facility is within a health service area for which no health systems agency has been designated." Subsec. (d). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in par. (1). Pub. L. 101-597, Sec. 102(a), (c)(3), designated existing provision as par. (1), struck out ", not later than November 1, 1977," after "Secretary shall designate", and added par. (2). Subsec. (e). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area wherever appearing. Subsec. (f). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area. Pub. L. 101-597, Sec. 102(c)(4), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "(A) each health systems agency (designated under section 300l-4 of this title) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility so designated; or "(B) the State health planning and development agency of the State (designated under section 300m of this title) if there is a part of such area, population group, medical facility, or other public facility within a health service area for which no health systems agency has been designated; and". Subsecs. (g), (h). Pub. L. 101-597, Sec. 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area. 1988 - Subsec. (a)(3). Pub. L. 100-607 and Pub. L. 100-628 made identical amendments, substituting "section 256(r)" for "section 256(q)(2)". 1987 - Subsec. (a)(1). Pub. L. 100-177, Sec. 302(1), inserted sentence at end relating to removal of an area from areas determined to be health manpower shortage areas. Subsec. (a)(3). Pub. L. 100-77 added par. (3). Subsec. (b)(2)(D). Pub. L. 100-177, Sec. 302(2), added subpar. (D). 1981 - Subsec. (a)(1)(A). Pub. L. 97-35, Sec. 2702(a), inserted provisions respecting reasonable accessibility to adequately served area. Subsec. (a)(2)(C). Pub. L. 97-35, Sec. 986(b)(4), substituted "persons under quarantine" for "seamen". Subsec. (e). Pub. L. 97-35, Sec. 2702(c), designated existing provisions as par. (1) and added par. (2). Subsec. (h). Pub. L. 97-35, Sec. 2702(b), substituted "may" for "shall". 1979 - Subsec. (a)(2)(C). Pub. L. 96-32 substituted "section 247e of this title" for "part D of subchapter II of this chapter". 1977 - Subsec. (c)(3). Pub. L. 95-142 added par. (3). EFFECTIVE DATE OF 2003 AMENDMENT Amendments by Pub. L. 108-163 deemed to have taken effect immediately after the enactment of Pub. L. 107-251, see section 3 of Pub. L. 108-163, set out as a note under section 233 of this title. EFFECTIVE DATE OF 1988 AMENDMENTS Section 631 of title VI of Pub. L. 100-628 provided that: "The amendments made by subsection (a) of section 601 [amending section 256 of this title] shall take effect in accordance with subsection (b) of such section [formerly set out as a note under section 256 of this title]. The amendments otherwise made by this title [amending this section and sections 256, 290bb-2, 290cc-21, 290cc- 28, 290cc-29, 290cc-35, 290cc-36, 290dd, 290ee, and 290ee-1 of this title and amending provisions set out as a note under section 290aa-3 of this title] shall take effect October 1, 1988, or upon the date of the enactment of this Act [Nov. 7, 1988], whichever occurs later." Section 831 of title VIII of Pub. L. 100-607 provided that: "The amendments made by subsection (a) of section 801 [amending section 256 of this title] shall take effect in accordance with subsection (b) of such section [formerly set out as a note under section 256 of this title]. The amendments otherwise made by this title [amending this section and sections 256, 290bb-2, 290cc-21, 290cc- 28, 290cc-29, 290cc-35, 290cc-36, 290dd, 290ee, and 290ee-1 of this title and amending provisions set out as a note under section 290aa-3 of this title] shall take effect October 1, 1988, or upon the date of the enactment of this Act [Nov. 4, 1988], whichever occurs later." EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 986(b)(4) of Pub. L. 97-35 effective Oct. 1, 1981, see section 986(c) of Pub. L. 97-35, set out as a note under section 249 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Section 7(e)(1) of Pub. L. 95-142 provided that: "The amendment made by subsection (d) [amending this section] shall apply with respect to determinations and designations made on and after the date of the enactment of this Act [Oct. 25, 1977]." REGULATIONS Pub. L. 107-251, title III, Sec. 302(b), Oct. 26, 2002, 116 Stat. 1644, which required the Secretary to submit a report to Congress, if the Secretary issued regulations revising the definition of a health professional shortage area under this section and standards concerning priority of such an area under section 254f-1 of this title, was repealed by Pub. L. 108-163, Sec. 2(f)(2), Dec. 6, 2003, 117 Stat. 2022. IMPROVEMENT OF SITE DESIGNATION PROCESS Pub. L. 107-251, title III, Sec. 302(d)(1), Oct. 26, 2002, 116 Stat. 1644, provided that: "The Administrator of the Health Resources and Services Administration, in consultation with the Association of State and Territorial Dental Directors, dental societies, and other interested parties, shall revise the criteria on which the designations of dental health professional shortage areas are based so that such criteria provide a more accurate reflection of oral health care need, particularly in rural areas." GAO STUDY Pub. L. 107-251, title III, Sec. 302(e), Oct. 26, 2002, 116 Stat. 1645, provided that: "Not later than February 1, 2005, the Comptroller General of the United States shall submit to the Congress a report on the appropriateness of the criteria, including but not limited to infant mortality rates, access to health services taking into account the distance to primary health services, the rate of poverty and ability to pay for health services, and low birth rates, established by the Secretary of Health and Human Services for the designation of health professional shortage areas and whether the deeming of federally qualified health centers and rural health clinics as such areas is appropriate and necessary." REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REFERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or homeless health center, considered reference to health center, see section 4(c) of Pub. L. 104-299, set out as a note under section 254b of this title. EVALUATION OF CRITERIA USED TO DESIGNATE HEALTH MANPOWER SHORTAGE AREAS; REPORT TO CONGRESS Section 2702(c) of Pub. L. 97-35 directed the Secretary of Health and Human Services, effective Oct. 1, 1981, to evaluate the criteria used under section 254e(b) of this title to determine if the use of the criteria resulted in areas which did not have a shortage of health professions personnel being designated as health manpower shortage areas, and to consider different criteria (including the actual use of health professions personnel in an area by the residents, taking into account their health status and indicators of unmet demand and likelihood that such demand would not be met in two years) which might be used to designate health manpower shortage areas. The Secretary was to report the results of his activities to Congress not later than Nov. 30, 1982. -End- -CITE- 42 USC Sec. 254f 01/03/2012 (112-90) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER II - GENERAL POWERS AND DUTIES Part D - Primary Health Care subpart ii - national health service corps program -HEAD- Sec. 254f. Corps personnel -STATUTE- (a) Conditions necessary for assignment of Corps personnel to area; contents of application for assignment; assignment to particular facility; approval of applications (1) The Secretary may assign members of the Corps to provide, under regulations promulgated by the Secretary, health services in or to a health professional shortage area during the assignment period only if - (A) a public or private entity, which is located or has a demonstrated interest in such area makes application to the Secretary for such assignment; (B) such application has been approved by the Secretary; (C) the entity agrees to comply with the requirements of section 254g of this title; and (D) the Secretary has (i) conducted an evaluation of the need and demand for health manpower for the area, the intended use of Corps members to be assigned to the area, community support for the assignment of Corps members to the area, the area's efforts to secure health manpower for the area, and the fiscal management capability of the entity to which Corps members would be assigned and (ii) on the basis of such evaluation has determined that - (I) there is a need and demand for health manpower for the area; (II) there has been appropriate and efficient use of any Corps members assigned to the entity for the area; (III) there is general community support for the assignment of Corps members to the entity; (IV) the area has made unsuccessful efforts to secure health manpower for the area; (V) there is a reasonable prospect of sound fiscal management, including efficient collection of fee-for-service, third-party, and other appropriate funds, by the entity with respect to Corps members assigned to such entity; and (VI) the entity demonstrates willingness to support or facilitate mentorship, professional development, and training opportunities for Corps members. An application for assignment of a Corps member to a health professional shortage area shall include a demonstration by the applicant that the area or population group to be served by the applicant has a shortage of personal health services and that the Corps member will be located so that the member will provide services to the greatest number of persons residing in such area or included in such population group. Such a demonstration shall be made on the basis of the criteria prescribed by the Secretary under section 254e(b) of this title and on additional criteria which the Secretary shall prescribe to determine if the area or population group to be served by the applicant has a shortage of personal