42 USC Ch. 6A: Front Matter
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42 USC Ch. 6A: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 6A-PUBLIC HEALTH SERVICE

CHAPTER 6A-PUBLIC HEALTH SERVICE

SUBCHAPTER I-ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Sec.
201.
Definitions.

        

Part A-Administration

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

        

(a)

Deputy Surgeon General.

(b)

Assistant Surgeons General.

(c)

Creation of temporary positions as Assistant Surgeons General.

(d)

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

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

        

(a)

Grades of commissioned officers.

(b)

Titles of medical officers.

(c)

Repealed.

(d)

Maximum number in grade for each fiscal year.

(e)

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

(f)

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

208.
Repealed.
209.
Appointment of personnel.

        

(a)

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

(b)

Grade and number of original appointments.

(c)

Issuance of commissions.

(d)

Date of appointment; credit for service.

(e)

Reappointment; credit for service.

(f)

Special consultants.

(g)

Designation for fellowships; duties; pay.

(h)

Aliens.

(i)

Civil service appointments by Secretary.

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Omitted or Repealed.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

        

(a)

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

(b)

Purchase of supplies.

(c)

Members of national advisory or review councils or committees.

(d)

Field employees.

(e)

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

(f)

Allowances included in fellowships.

(g)

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

210–1.
Annual and sick leave.

        

(a)

Regulations.

(b),

(c) Repealed.

(d)

Definitions.

210a.
Repealed.
210b.
Professional categories.

        

(a)

Division of corps; basis of categories.

(b)

Assignment of officers.

(c)

Maximum number of officers in each category.

(d)

Vacancies in grade for purposes of promotion.

(e)

Absence of vacancy in grade as affecting promotion.

(f)

Vacancy in grade as affecting maximum number for each category.

211.
Promotion of commissioned officers.

        

(a)

Permanent or temporary promotions; examination.

(b)

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

(c)

Examinations.

(d)

Permanent promotions to qualified officers on length of service.

(e)

Promotion of professional category officers to fill certain vacancies.

(f)

Reexamination upon failure of promotion; effective date of promotion.

(g)

Separation from service upon failure of promotion.

(h)

Separation from service upon refusal to stand examination.

(i)

Review of record; separation from service.

(j)

Determination of order of seniority.

(k)

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

(l)

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

(m)

Acceptance of promotion; oath and affidavit.

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

        

(a)

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

(b)

Basic pay of highest temporary grade.

(c)

Recall to active duty.

(d)

"Active service" defined.

(e)

Crediting of part of year.

(f)

Retirement or separation for physical disability.

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

        

(a)

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

(b)

Award of decorations.

(c)

Authority of Surgeon General.

(d)

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

(e)

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

(f)

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

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

        

(a)

Presentation of flag.

(b)

Multiple presentations not authorized.

(c)

No cost to recipient.

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

        

(a)

Other Government departments.

(b)

State health or mental health authorities.

(c)

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

(d)

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

216.
Regulations.

        

(a)

Prescription by President: appointments, retirement, etc.

(b)

Promulgation by Surgeon General; administration of Service.

(c)

Preference to school of medicine.

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

        

(a)

Appointment; purpose.

(b)

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

(c)

Delegation of functions.

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

        

(a)

Appointment; duties.

(b)

Membership.

(c)

Terms of office.

(d)

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

218a.
Training of officers.

        

(a)

In general.

(b)

Voluntary separation within period subsequent to attendance.

(c)

Training in leave without pay status.

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

        

(a)

Exclusiveness of remedy.

(b)

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

(c)

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

(d)

Compromise or settlement of claim by Attorney General.

(e)

Assault or battery.

(f)

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

(g)

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

(h)

Qualifications for designation as Public Health Service employee.

(i)

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

(j)

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

(k)

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

(l)

Timely response to filing of action or proceeding.

(m)

Application of coverage to managed care plans.

(n)

Report on risk exposure of covered entities.

(o)

Volunteer services provided by health professionals at free clinics.

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

        

(a)

Establishment; composition; chairman.

(b)

Function.

(c)

Duties with respect to drugs for rare diseases or conditions.

(d)

Consultation.

(e)

Annual report; contents.

237.
Silvio O. Conte Senior Biomedical Research Service.

        

(a)

Creation; number of members.

(b)

Appointments; qualifications; provisions inapplicable to members.

(c)

Performance appraisal system.

(d)

Pay of members.

(e)

Contribution to retirement system of institutions of higher education.

(f)

Career and noncareer appointment of certain individuals.

(g)

Rules and regulations.

Part B-Miscellaneous Provisions

238.
Gifts for benefit of Service.

        

(a)

Acceptance by Secretary.

(b)

Depository of funds; availability for expenditure.

(c)

Evidences of unconditional gifts of intangible property.

(d)

Real property or tangible personal property.

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

        

(a)

In general.

(b)

Report on evaluations.

238k.
Contract authority.
238l.
Recovery.

        

(a)

Right of United States to recover base amount plus interest.

(b)

Notice of sale, transfer, or change.

(c)

Base amount; interest.

(d)

Waiver of recovery rights.

(e)

Pre-judgment lien.

238m.
Use of fiscal agents.

        

(a)

Contracting authority.

(b)

Contracting prerequisites.

(c)

Advances under contracts.

(d)

Applicable statutory provisions.

(e)

"Fiscal agent" defined.

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

        

(a)

In general.

(b)

Accreditation of postgraduate physician training programs.

(c)

Definitions.

238o.
Restriction on use of funds for assisted suicide, euthanasia, and mercy killing.

        

SUBCHAPTER II-GENERAL POWERS AND DUTIES

Part A-Research and Investigations

241.
Research and investigations generally.

        

(a)

Authority of Secretary.

(b)

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

(c)

Diseases not significantly occurring in United States.

(d)

Protection of privacy of individuals who are research subjects.

242.
Studies and investigations on use and misuse of narcotic drugs and other drugs; annual report to Attorney General; cooperation with States.
242a.
Mental health.

        

(a)

Clinical training and instruction and clinical traineeships; stipends and allowances; research projects.

(b)

Effect of treaties and other international agreements on confidentiality.

(c)

Grants to public and other nonprofit institutions.

(d)

Obligatory service for traineeships.

242b.
General authority respecting research, evaluations, and demonstrations in health statistics, health services, and health care technology.

        

(a)

Scope of activities.

(b)

Additional authority; scope of activities.

(c)

Coordination of activities through units of Department.

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

        

(a)

Establishment; appointment of Director; statistical and epidemiological activities.

(b)

Duties.

(c)

Statistical and epidemiological compilations and surveys.

(d)

Technical aid to States and localities.

(e)

Cooperative Health Statistics System.

(f)

Federal-State cooperation.

(g)

Collection of health data; data collection forms.

(h)

Registration area records.

(i)

Technical assistance in effective use of statistics.

(j)

Coordination of health statistical and epidemiological activities.

(k)

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

(l)

Data specific to particular ethnic and racial populations.

(m)

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

(n)

Authorization of appropriations.

242l.
International cooperation.

        

(a)

Cooperative endeavors; statement of purpose.

(b)

Authority of Secretary; building construction prohibition.

(c)

Benefits for overseas assignees.

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

        

(a)

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

(b)

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

(c)

Development and dissemination of statistics.

(d)

Information; publication restrictions.

(e)

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

(f)

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

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

        

(a)

Establishment.

(b)

Duties.

(c)

Provision of information to public.

242q–1.
Membership.

        

(a)

Composition.

(b)

Chair.

(c)

Quorum.

(d)

Meetings.

(e)

Compensation and expenses.

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

        

(a)

In general.

(b)

Availability to public.

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

        

Part B-Federal-State Cooperation

243.
General grant of authority for cooperation.

        

(a)

Enforcement of quarantine regulations; prevention of communicable diseases.

(b)

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

(c)

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

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

        

(a)

Comprehensive health planning and services.

(b)

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

(c)

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

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

        

(a)

Establishment; priorities.

(b)

National network to coordinate groups.

247b.
Project grants for preventive health services.

        

(a)

Grant authority.

(b)

Application.

(c)

Approval; annual project review.

(d)

Amount of grant; payment.

(e)

Reduction.

(f)

Recordkeeping; audit authority.

(g)

Use of grant funds; mandatory treatment prohibited.

(h)

Reports.

(i)

Technical assistance.

(j)

Authorization of appropriations.

(k)

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

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

        

(a)

Authority for grants.

(b)

Status as medicaid provider.

(c)

Priority in making grants.

(d)

Grant application.

(e)

Relationship to services and activities under other programs.

(f)

Method and amount of payment.

(g)

Supplies, equipment, and employee detail.

(h)

Records.

(i)

Audit and examination of records.

(j)

Annual report.

(k)

Indian tribes.

(l)

Funding.

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

        

(a)

Prevention.

(b)

Technology assessment and epidemiology.

247b–4.
Programs regarding birth defects.

        

(a)

In general.

(b)

Additional provisions regarding collection of data.

(c)

Grants and contracts.

(d)

Biennial report.

(e)

Applicability of privacy laws.

(f)

Authorization of appropriations.

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

        

(a)

Definitions.

(b)

Purposes.

(c)

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

(d)

Technical assistance, data management, and applied research.

(e)

Coordination and collaboration.

(f)

Rule of construction.

(g)

Authorization of appropriations.

247b–5.
Preventive health measures with respect to prostate cancer.

        

(a)

In general.

(b)

Requirement of matching funds.

(c)

Education on significance of early detection.

(d)

Requirement of provision of all services by date certain.

(e)

Additional required agreements.

(f)

Reports to Secretary.

(g)

Description of intended uses of grant.

(h)

Requirement of submission of application.

(i)

Method and amount of payment.

(j)

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

(k)

"Units of local government" defined.

(l)

Authorization of appropriations.

247b–6.
Preventive health services regarding tuberculosis.

        

(a)

In general.

(b)

Research, demonstration projects, education, and training.

(c)

Cooperation with providers of primary health services.

(d)

Application for grant.

(e)

Supplies and services in lieu of grant funds.

(f)

Advisory Council.

(g)

Funding.

247b–7.
Loan repayment program.

        

(a)

In general.

(b)

Applicability of certain provisions.

(c)

Authorization of appropriations.

(d)

Availability of appropriations.

247b–8.
Fellowship and training programs.
247c.
Sexually transmitted diseases; prevention and control projects and programs.

        

(a)

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

(b)

Research, demonstration, and public information and education projects.

(c)

Project grants to States.

(d)

Grants for innovative, interdisciplinary approaches.

(e)

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

(f)

Consent of individuals.

247c–1.
Infertility and sexually transmitted diseases.

        

(a)

In general.

(b)

Authority regarding individual diseases.

(c)

Authorized activities.

(d)

Requirement of availability of all services through each grantee.

(e)

Required providers regarding certain services.

(f)

Quality assurance regarding screening for diseases.

(g)

Confidentiality.

(h)

Limitation on imposition of fees for services.

(i)

Limitations on certain expenditures.

(j)

Reports to Secretary.

(k)

Maintenance of effort.

(l)

Requirement of application.

(m)

Duration of grant.

(n)

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

(o)

Evaluations and reports by Secretary.

(p)

Coordination of Federal programs.

(q)

Authorization of appropriations.

(r)

Separate grants for research on delivery of services.

247d.
Public health emergencies.

        

(a)

Determination of existence of emergency; authorization to act.

(b)

Public Health Emergency Fund; authorization of appropriations; annual report to Congress.

Part C-Hospitals, Medical Examinations, and Medical Care

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

        

(a)

Care and treatment.

(b)

Additional sites authorized.

(c)

Agency designated by Secretary.

(d)

Payments to Board of Health of Hawaii.

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

        

(a)

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

(b)

Proposals for transfer or financial self-sufficiency.

(c)

Evaluation of proposals.

(d)

Rejection or approval of proposal.

(e)

Establishment of identifiable administrative unit.

(f)

Finding of financial self-sufficiency.

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

        

(a)

Persons entitled to treatment.

(b)

Temporary treatment in emergency cases.

(c)

Authorization for outside treatment.

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

        

(a)

Persons entitled to medical services.

(b)

Health care for involuntarily separated officers and dependents.

(c)

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

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

        

(a)

Eligibility.

(b)

Treatment of dependents of personnel.

(c)

Identification.

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

        

(a)

Definitions.

(b)

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

Part D-Primary Health Care

subpart i-health centers

254b.
Health centers.

        

(a)

"Health center" defined.

(b)

Definitions.

(c)

Planning grants.

(d)

Managed care loan guarantee program.

(e)

Operating grants.

(f)

Infant mortality grants.

(g)

Migratory and seasonal agricultural workers.

(h)

Homeless population.

(i)

Residents of public housing.

(j)

Applications.

(k)

Technical and other assistance.

(l)

Authorization of appropriations.

(m)

Memorandum of agreement.

(n)

Records.

(o)

Delegation of authority.

(p)

Special consideration.

(q)

Audits.

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

        

(a)

Administration.

(b)

Grants.

(c)

Eligible networks.

(d)

Preference.

(e)

Use of funds.

(f)

Term of grants.

(g)

Authorization of appropriations.

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

        

(a)

Grants.

(b)

Use of grants or contracts.

(c)

Advisory Council.

(d)

Advisory Council functions.

(e)

Report.

(f)

Authorization of appropriation.

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

        

(a)

In general.

(b)

Funding.

254c–3.
Special diabetes programs for Indians.

        

(a)

In general.

(b)

Services through Indian health facilities.

(c)

Funding.

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

        

(a)

In general.

(b)

Research and training.

(c)

Priority regarding infants and children.

(d)

Authorization of appropriations.

subpart ii-national health service corps program

254d.
National Health Service Corps.

        

(a)

Establishment; composition; purpose; definitions.

(b)

Recruitment and fellowship programs.

(c)

Travel expenses; persons entitled; reimbursement; limitation.

(d)

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

(e)

Employment ceiling of Department not affected by Corps members.

(f)

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

(g)

Conversion from Corps member to commissioned officer; retirement credits.

(h)

Effective administration of program.

(i)

Definitions.

254e.
Health professional shortage areas.

        

(a)

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

(b)

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

(c)

Considerations in determination of designation.

(d)

Designation; publication of descriptive lists.

(e)

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

(f)

Notice of designation.

(g)

Recommendations to Secretary.

(h)

Public information programs in designated areas.

254f.
Corps personnel.

        

(a)

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

(b)

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

(c)

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

(d)

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

(e)

Practice within State by Corps member.

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

        

(a)

In general.

(b)

Exclusive factors for determining greatest shortages.

(c)

Establishment of criteria for determining priorities.

(d)

Notifications regarding priorities.

(e)

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

(f)

Applicable period regarding priorities.

254g.
Cost sharing.

        

(a)

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

(b)

Waiver of payment; use of funds.

(c)

Excess funds.

(d)

Charge for services; reduced rate; no charge.

(e)

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

(f)

Small health centers.

254h.
Provision of health services by Corps members.

        

(a)

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

(b)

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

(c)

Loan; purposes; limitations.

(d)

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

(e)

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

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

        

(a)

Consideration of individual characteristics of members in making assignments.

(b)

Counseling on service in Corps.

(c)

Grants regarding preparation of students for practice.

(d)

Assistance in establishing local professional relationships.

(e)

Temporary relief from Corps duties.

(f)

Determinations regarding effective service.

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

        

(a)

Establishment; appointment of members.

(b)

Term of members; compensation; expenses.

(c)

Termination.

254k.
Authorization of appropriations.

        

subpart iii-scholarship program and loan repayment program

254l.
National Health Service Corps Scholarship Program.

        

(a)

Establishment.

(b)

Eligibility; application; written contract.

(c)

Review and evaluation of information and forms by prospective applicant.

(d)

Factors considered in providing contracts; priorities.

(e)

Commencement of participation in Scholarship Program; notice.

(f)

Written contract; contents.

(g)

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

(h)

Employment ceiling of Department unaffected.

(i)

Annual report to Congress; contents.

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

        

(a)

Establishment.

(b)

Eligibility.

(c)

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

(d)

Factors considered in providing contracts; priorities.

(e)

Approval required for participation.

(f)

Contents of contracts.

(g)

Payments.

(h)

Employment ceiling.

(i)

Reports.

254m.
Obligated service under contract.

        

(a)

Service in full-time clinical practice.

(b)

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

(c)

Obligated service period; commencement.

(d)

Assignment of personnel.

(e)

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

254n.
Private practice.

        

(a)

Application for release of obligations; conditions.

(b)

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

(c)

Breach of service contract.

(d)

Travel expenses.

(e)

Sale of equipment and supplies.

(f)

Malpractice insurance.

(g)

Technical assistance.

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

        

(a)

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

(b)

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

(c)

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

(d)

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

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

        

(a)

Establishment of Fund.

(b)

Authorization of appropriations to Fund.

(c)

Use of Fund.

(d)

Investment.

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

        

(a)

Persons entitled; conditions.

(b)

Amount of loan; maximum interest rate.

(c)

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

(d)

Breach of agreement; notice; determination of liability.

254q.
Report and authorization of appropriations.

        

(a)

Report.

(b)

Funding.

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

        

(a)

In general.

(b)

Requirement of matching funds.

(c)

Coordination with Federal program.

(d)

Restrictions on use of funds.

(e)

Reports.

(f)

Requirement of application.

(g)

Noncompliance.

(h)

"State" defined.

(i)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Requirement of matching funds.

(c)

Certain required activities.

(d)

Requirement regarding annual budget for office.

(e)

Certain uses of funds.

(f)

Reports.

(g)

Requirement of application.

(h)

Noncompliance.

(i)

"State" defined.

(j)

Authorization of appropriations.

(k)

Termination of program.

254s.
Native Hawaiian Health Scholarships.

        

(a)

Eligibility.

(b)

Terms and conditions.

(c)

"Native Hawaiian" defined.

(d)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Certain requirements for States.

(c)

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

(d)

Requirement of State and local matching funds.

(e)

Specifications regarding scholarship contract.

(f)

Reports to Secretary.

(g)

Estimates regarding allocations between urban and rural areas.

(h)

Requirement of application.

(i)

Noncompliance.

(j)

Reports to Congress.

(k)

Definitions.

(l)

Funding.

subpart iv-home health services

255.
Home health services.

        

(a)

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

(b)

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

(c)

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

(d)

"Home health services" defined.

subpart v-health services for the homeless

256.
Repealed.

        

subpart vi-health services for residents of public housing

256a.
Repealed.

        

subpart vii-drug pricing agreements

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

        

(a)

Requirements for agreement with Secretary.

(b)

Other definitions.

(c)

References to Social Security Act.

(d)

Compliance with requirements.

subpart viii-bulk purchases of vaccines for certain programs

256c.
Bulk purchases of vaccines for certain programs.

        

(a)

Agreements for purchases.

(b)

Negotiation of prices.

(c)

Authority of Secretary.

(d)

Rule of construction.

256d.
Breast and cervical cancer information.

        

(a)

In general.

(b)

Certain authorities.

(c)

Relevant entities.

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

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

        

(a)

Payments.

(b)

Amount of payments.

(c)

Amount of payment for direct graduate medical education.

(d)

Amount of payment for indirect medical education.

(e)

Making of payments.

(f)

Authorization of appropriations.

(g)

Definitions.

Part E-Narcotic Addicts and Other Drug Abusers

257.
Care and treatment of narcotic addicts.

        

(a)

Surgeon General authorized to provide programs.

(b)

Furnishing of information relating to persons voluntarily undergoing care to Mayor of District of Columbia.

(c)

Agreements with other departments and agencies.

257a.
Medical treatment of narcotics addiction; report to Congress.
258.
Employment; establishment of industries, plants, etc.; sale of commodities; disposition of proceeds.
258a.
Transfer of balances in working capital fund, narcotic hospitals, to surplus fund.
259.
Convict addicts or other persons with drug abuse or drug dependence problems.

        

(a)

Transfers to and from hospitals; duty of prosecuting officers to report convicted persons believed to be addicts.

(b)

Repealed.

(c)

Discharge; further treatment.

(d)

Gratuities and transportation furnished upon discharge or release on parole or supervised release.

(e)

Admission of probationers to hospitals for treatment.

260.
Addicts and persons with drug abuse or drug dependence problems.

        

(a)

Application for admission.

(b)

Determination of addiction; conditions of admission; payment of subsistence, care, and treatment.

(c)

Period of confinement.

(d)

Other rights unaffected.

260a.
Admission of addicts committed from District of Columbia.

        

(a)

Conditions.

(b)

Discharge from hospitals; notice; delivery to court.

(c)

Authority of Surgeon General and other officers.

(d)

Payment of costs; determination; disposition of moneys; availability of appropriations.

261.
Penalties for introducing prohibited articles and substances into hospitals; escaping from, or aiding and abetting escape from hospitals.
261a.
Release of patients; determination by Surgeon General.

        

Part F-Licensing of Biological Products and Clinical Laboratories

subpart 1-biological products

262.
Regulation of biological products.

        

(a)

Biologics license.

(b)

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

(c)

Inspection of establishment for propagation and preparation.

(d)

Recall of product presenting imminent hazard; violations.

(e)

Interference with officers.

(f)

Penalties for offenses.

(g)

Construction with other laws.

(h)

Exportation of partially processed biological products.

(i)

"Biological product" defined.

(j)

Application of Federal Food, Drug, and Cosmetic Act.

263.
Preparation of biological products by Service.

        

subpart 2-clinical laboratories

263a.
Certification of laboratories.

        

(a)

"Laboratory" or "clinical laboratory" defined.

(b)

Certificate requirement.

(c)

Issuance and renewal of certificates.

(d)

Requirements for certificates.

(e)

Accreditation.

(f)

Standards.

(g)

Inspections.

(h)

Intermediate sanctions.

(i)

Suspension, revocation, and limitation.

(j)

Injunctions.

(k)

Judicial review.

(l)

Sanctions.

(m)

Fees.

(n)

Information.

(o)

Delegation.

(p)

State laws.

(q)

Consultations.

263a–1.
Assisted reproductive technology programs.

        

(a)

In general.

(b)

Pregnancy success rates.

(c)

Consultation.

263a–2.
Certification of embryo laboratories.

        

(a)

In general.

(b)

Distribution.

(c)

Requirements.

(d)

Standards.

(e)

Certification under State programs.

(f)

Use of accreditation organizations.

(g)

Inspections.

(h)

Validation inspections.

(i)

Limitation.

(j)

Term.

263a–3.
Accreditation organizations.

        

(a)

Approval of accreditation organizations.

(b)

Criteria and procedures.

(c)

Evaluations.

(d)

Transition.

263a–4.
Certification revocation and suspension.

        

(a)

In general.

(b)

Effect.

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

        

subpart 3-mammography facilities

263b.
Certification of mammography facilities.

        

(a)

Definitions.

(b)

Certificate requirement.

(c)

Issuance and renewal of certificates.

(d)

Application for certificate.

(e)

Accreditation.

(f)

Quality standards.

(g)

Inspections.

(h)

Sanctions.

(i)

Suspension and revocation.

(j)

Injunctions.

(k)

Judicial review.

(l)

Information.

(m)

State laws.

(n)

National Advisory Committee.

(o)

Consultations.

(p)

Breast cancer screening surveillance research grants.

(q)

State program.

(r)

Funding.

Part G-Quarantine and Inspection

264.
Regulations to control communicable diseases.

        

(a)

Promulgation and enforcement by Surgeon General.

(b)

Apprehension, detention, or conditional release of individuals.

(c)

Application of regulations to persons entering from foreign countries.

(d)

Apprehension and examination of persons reasonably believed to be infected.

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

        

(a)

Control and management.

(b)

Hours of inspection.

(c)

Overtime pay for employees of Service.

(d)

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

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

        

(a)

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

(b)

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

(c)

Regulations to secure sanitary conditions of vessels.

(d)

Vessels from ports near frontier.

(e)

Compliance with regulations.

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

        

(a)

Penalties for persons violating quarantine laws.

(b)

Penalties for vessels violating quarantine laws.

(c)

Remittance or mitigation of forfeitures.

272.
Administration of oaths by quarantine officers.

        

Part H-Organ Transplants

273.
Organ procurement organizations.

        

(a)

Grant authority of Secretary.

(b)

Qualified organizations.

274.
Organ procurement and transplantation network.

        

(a)

Contract authority of Secretary; limitation; available appropriations.

(b)

Functions.

(c)

Consideration of critical comments.

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

        

(a)

Application requirement.

(b)

Special considerations and priority; planning and establishment grants.

(c)

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

(d)

"Transplant center" and "organ" defined.

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

        

(a)

Prohibition.

(b)

Penalties.

(c)

Definitions.

274f.
Study by General Accounting Office.

        

(a)

In general.

(b)

Report.

274g.
Authorization of appropriations.

        

Part I-National Bone Marrow Donor Registry

274k.
National Registry.

        

(a)

Establishment.

(b)

Functions.

(c)

Recruitment; priorities; information and education.

(d)

Patient advocacy; case management.

(e)

Criteria, standards, and procedures.

(f)

Comment procedures.

(g)

Consultation.

(h)

Application.

(i)

Eligibility.

(j)

Records.

(k)

Penalties for disclosure.

(l)

Annual report regarding pretransplant costs.

274l.
Bone marrow scientific registry.

        

(a)

Establishment of recipient registry.

(b)

Information.

(c)

Annual report on patient outcomes.

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

        

Part J-Prevention and Control of Injuries

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

        

(a)

In general.

(b)

Certain activities.

(c)

Coordination of activities.

(d)

"Traumatic brain injury" defined.

280b–2.
General provisions.

        

(a)

Advisory committee.

(b)

Technical assistance.

(c)

Biennial report.

280b–3.
Authorization of appropriations.

        

Part K-Health Care Services in the Home

subpart i-grants for demonstration projects

280c.
Establishment of program.

        

(a)

In general.

(b)

Requirement with respect to age of recipients of services.

(c)

Relationship to items and services under other programs.

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

        

(a)

Limitation on duration of grant.

(b)

Requirement of matching funds.

(c)

Determination of amount of non-Federal contribution.

280c–2.
General provisions.

        

(a)

Limitation on administrative expenses.

(b)

Description of intended use of grant.

(c)

Requirement of application.

(d)

Evaluations and report by Secretary.

(e)

Authorizations of appropriations.

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

280c–3.
Establishment of program.

        

(a)

In general.

(b)

Requirement with respect to certain expenditures.

(c)

Relationship to items and services under other programs.

280c–4.
Requirement of matching funds.

        

(a)

Requirement of matching funds.

(b)

Determination of amount of non-Federal contribution.

280c–5.
General provisions.

        

(a)

Limitation on administrative expenses.

(b)

Description of intended use of grant.

(c)

Requirement of application.

(d)

Evaluations and report by Secretary.

(e)

Authorizations of appropriations.

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

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

        

(a)

In general.

(b)

Home visiting services for eligible families.

(c)

Considerations in making grants.

(d)

Federal share.

(e)

Rule of construction regarding at-risk births.

(f)

Delivery of services and case management.

(g)

Outreach.

(h)

Confidentiality.

(i)

Certain assurances.

(j)

Submission to Secretary of certain information.

(k)

Limitation regarding administrative expenses.

(l)

Restrictions on use of grant.

(m)

Reports to Secretary.

(n)

Requirement of application.

(o)

Peer review.

(p)

Evaluations.

(q)

Definitions.

(r)

Authorization of appropriations.

Part L-Services for Children of Substance Abusers

280d.
Grants for services for children of substance abusers.

        

(a)

Establishment.

(b)

Services for children of substance abusers.

(c)

Services for affected families.

(d)

Considerations in making grants.

(e)

Federal share.

(f)

Coordination with other providers.

(g)

Restrictions on use of grant.

(h)

Submission to Secretary of certain information.

(i)

Reports to Secretary.

(j)

Requirement of application.

(k)

Peer review.

(l)

Evaluations.

(m)

Report to Congress.

(n)

Data collection.

(o)

Definitions.

(p)

Funding.

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

280d–11.
Establishment and duties of Foundation.

        

(a)

In general.

(b)

Purpose of Foundation.

(c)

Endowment fund.

(d)

Certain activities of Foundation.

(e)

General structure of Foundation; nonprofit status.

(f)

Board of directors.

(g)

Certain responsibilities of executive director.

(h)

General provisions.

(i)

Federal funding.

(j)

Committee for establishment of Foundation.

Part M-National Program of Cancer Registries

280e.
National program of cancer registries.

        

(a)

In general.

(b)

Matching funds.

(c)

Eligibility for grants.

(d)

Relationship to certain programs.

(e)

Requirement regarding certain study on breast cancer.

280e–1.
Planning grants regarding registries.

        

(a)

In general.

(b)

Application.

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

        

(a)

In general.

(b)

Relevant States.

(c)

Cooperation of State.

(d)

Planning, commencement, and duration.

(e)

Report.

280e–4.
Authorization of appropriations.

        

(a)

Registries.

(b)

Breast cancer study.

Part O-Fetal Alcohol Syndrome Prevention and Services Program

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

        

(a)

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

(b)

Grants and technical assistance.

(c)

Dissemination of criteria.

(d)

National Task Force.

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

        

(a)

In general.

(b)

Task Force.

280f–3.
Sunset provision.

        

SUBCHAPTER III-NATIONAL RESEARCH INSTITUTES

Part A-National Institutes of Health

281.
Organization of National Institutes of Health.

        

(a)

Agency of Public Health Service.

(b)

Agencies within.

(c)

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

(d)

"National research institute" defined.

282.
Director of National Institutes of Health.

        

(a)

Appointment.

(b)

Duties and authority.

(c)

Availability of substances and organisms for research.

(d)

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

(e)

Dissemination of research information.

(f)

Associate Director for Prevention; functions.

(g)

Enhancing competitiveness of certain entities in obtaining research funds.

(h)

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

(i)

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

(j)

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

(k)

Day care for children of employees.

(l)

Interagency research on trauma.

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

        

(a)

In general.

(b)

Education programs.

(c)

Longitudinal studies.

(d)

Exposure to DES in utero.

(e)

Authorization of appropriations.

283b.
Office of Research on Minority Health.

        

(a)

Establishment.

(b)

Purpose.

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

        

(a)

Development of new vaccines.

(b)

Report.

(c)

Authorization of appropriations.

283e.
Plan for use of animals in research.

        

(a)

Preparation.

(b)

Submission to Congressional committees.

(c)

Periodic review and revision.

(d)

Dissemination of information.

(e)

Interagency Coordinating Committee on the Use of Animals in Research.

283f.
Requirements regarding surveys of sexual behavior.
283g.
Repealed.

        

Part B-General Provisions Respecting National Research Institutes

284.
Directors of national research institutes.

        

(a)

Appointment.

(b)

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

(c)

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

284a.
Advisory councils.

        

(a)

Establishment; acceptance of conditional gifts; functions.

(b)

Membership; compensation.

(c)

Term of office; reappointment; vacancy.

(d)

Chairman; term of office.

(e)

Meetings.

(f)

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

(g)

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

(h)

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

284b.
Biennial report.
284c.
Certain uses of funds.
284d.
"Health services research" defined.
284e.
Research on osteoporosis, Paget's disease, and related bone disorders.

        

(a)

Establishment.

(b)

Coordination.

(c)

Information clearinghouse.

(d)

Authorization of appropriations.

284f.
Parkinson's disease.

        

(a)

In general.

(b)

Inter-institute coordination.

(c)

Morris K. Udall research centers.

(d)

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

(e)

Authorization of appropriations.

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.

        

(a)

Cooperative agreements and grants for establishing and supporting.

(b)

Uses for Federal payments under cooperative agreements or grants.

(c)

Period of support; additional periods.

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

        

(a)

Expansion and coordination of activities.

(b)

Coordination with other institutes.

(c)

Programs for breast cancer.

(d)

Other cancers.

(e)

Report.

285a–7.
Prostate cancer.

        

(a)

Expansion and coordination of activities.

(b)

Coordination with other institutes.

(c)

Programs.

285a–8.
Authorization of appropriations.

        

(a)

Activities generally.

(b)

Breast cancer and gynecological cancers.

(c)

Prostate cancer.

(d)

Allocation regarding cancer control.

subpart 2-national heart, lung, and blood institute

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

        

(a)

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

(b)

Sickle cell anemia.

(c)

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

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

        

(a)

Establishment.

(b)

Purpose.

(c)

Sleep Disorders Research Advisory Board.

(d)

Development of comprehensive research plan; revision.

(e)

Collection and dissemination of information.

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

        

(a)

In general.

(b)

Coordination with other institutes.

(c)

Certain programs.

(d)

Authorization of appropriations.

285b–8.
Authorization of appropriations.

        

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

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

        

(a)

National Diabetes Data System and National Diabetes Clearinghouse.

(b)

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

(c)

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

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

        

(a)

Establishment and purpose.

(b)

Membership; chairman; meetings.

(c)

Annual report.

285c–4.
Advisory boards.

        

(a)

Establishment.

(b)

Membership; ex officio members.

(c)

Compensation.

(d)

Term of office; vacancy.

(e)

Chairman.

(f)

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

(g)

Meetings.

(h)

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

(i)

Subcommittees; establishment and membership.

(j)

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

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

        

(a)

Diabetes mellitus and related endocrine and metabolic diseases.

(b)

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

(c)

Kidney and urologic diseases.

(d)

Nutritional disorders.

(e)

Geographic distribution; period of support, additional periods.

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

        

(a)

Establishment.

(b)

Support of activities.

(c)

Dissemination of information.

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

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

        

(a)

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

(b)

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

(c)

Program to be carried out in accordance with plan.

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

        

(a)

Establishment and purpose.

(b)

Membership; chairman; meetings.

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

        

(a)

Grants for establishment and support.

(b)

Programs included.

(c)

Standardization of patient data and recordkeeping.

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

        

(a)

Development, modernization, and operation.

(b)

Duties and functions.

(c)

Optional programs.

(d)

Geographical distribution.

(e)

Period of support; additional periods.

(f)

Treatment and rehabilitation of children.

285d–7.
Advisory Board.

        

(a)

Establishment.

(b)

Membership; ex officio members.

(c)

Compensation.

(d)

Term of office; vacancy.

(e)

Chairman.

(f)

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

(g)

Meetings.

(h)

Duties and functions.

(i)

Subcommittees; establishment and membership.

(j)

Annual report.

(k)

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

subpart 5-national institute on aging

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

        

(a)

Education and training of adequate numbers of personnel.

(b)

Scientific studies.

(c)

Public information and education programs.

(d)

Grants for research relating to Alzheimer's Disease.

285e–2.
Alzheimer's Disease centers.

        

(a)

Cooperative agreements and grants for establishing and supporting.

(b)

Use of Federal payments under cooperative agreement or grant.

(c)

Support period; additional periods.

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

        

(a)

Development and expansion of centers.

(b)

Functions of centers.

(c)

Geographic distribution of centers.

(d)

"Independence" defined.

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

        

(a)

Senior researchers in biomedical research.

(b)

Eligible centers.

(c)

Required recommendation.

(d)

Selection procedures.

(e)

Term of award; renewal.

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

        

(a)

Grants for research.

(b)

Preparation of plan; contents; revision.

(c)

Consultation for preparation and revision of plan.

(d)

Grants for promoting independence and preventing secondary disabilities.

(e)

"Council on Alzheimer's Disease" defined.

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

        

(a)

Establishment; purpose; duties; publication of summary.

(b)

Fee for information.

(c)

Summaries of research findings from other agencies.

285e–8.
Dissemination project.

        

(a)

Grant or contract for establishment.

(b)

Project activities.

(c)

Fees for information; exception.

(d)

Application for grant or contract; contents.

285e–9.
Alzheimer's disease registry.

        

(a)

In general.

(b)

Qualifications.

285e–10.
Aging processes regarding women.
285e–11.
Authorization of appropriations.

        

subpart 6-national institute of allergy and infectious diseases

285f.
Purpose of Institute.
285f–1.
Research centers regarding chronic fatigue syndrome.
285f–2.
Research and research training regarding tuberculosis.

        

subpart 7-national institute of child health and human development

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

        

(a)

Establishment of Center.

(b)

Purpose.

(c)

Authority of Director.

(d)

Research Plan.

(e)

Medical Rehabilitation Coordinating Committee.

(f)

National Advisory Board on Medical Rehabilitation Research.

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

        

(a)

Grants and contracts.

(b)

Number of centers.

(c)

Duties.

(d)

Coordination of information.

(e)

Facilities.

(f)

Period of support.

(g)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Design of study.

(c)

Coordination with Women's Health Initiative.

subpart 8-national institute of dental research

285h.
Purpose of Institute.

        

subpart 9-national eye institute

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

        

(a)

Program of grants.

(b)

Use of funds.

(c)

Authorized expenditures.

subpart 10-national institute of neurological disorders and stroke

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

        

subpart 11-national institute of general medical sciences

285k.
Purpose of Institute.

        

subpart 12-national institute of environmental health sciences

285l.
Purpose of Institute.
285l–1.
Applied Toxicological Research and Testing Program.

        

subpart 13-national institute on deafness and other communication disorders

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

        

(a)

Development, modernization and operation; "modernization" defined.

(b)

Use of facilities; qualifications.

(c)

Requisite programs.

(d)

Stipends.

(e)

Discretionary programs.

(f)

Equitable geographical distribution; needs of elderly and children.

(g)

Period of support; recommended extensions of peer review group.

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

        

(a)

Establishment.

(b)

Composition; qualifications; appointed and ex officio members.

(c)

Compensation.

(d)

Term of office; vacancies.

(e)

Chairman.

(f)

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

(g)

Meetings.

(h)

Functions.

(i)

Subcommittee activities; workshops and conferences; collection of data.

(j)

Annual report.

(k)

Commencement of existence.

285m–5.
Interagency Coordinating Committee.

        

(a)

Establishment.

(b)

Functions.

(c)

Composition.

(d)

Chairman; meetings.

(e)

Annual report; recipients of report.

285m–6.
Limitation on administrative expenses.

        

subpart 14-national institute on alcohol abuse and alcoholism

285n.
Purpose of Institute.

        

(a)

In general.

(b)

Research program.

(c)

Collaboration.

(d)

Funding.

285n–1.
Associate Director for Prevention.

        

(a)

In general.

(b)

Biennial report.

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

        

(a)

Designation; procedures applicable for approval of applications.

(b)

Annual grants; amount; limitation on uses.

subpart 15-national institute on drug abuse

285o.
Purpose of Institute.

        

(a)

In general.

(b)

Research program.

(c)

Collaboration.

(d)

Funding.

285o–1.
Associate Director for Prevention.

        

(a)

In general.

(b)

Report.

285o–2.
Drug Abuse Research Centers.

        

(a)

Authority.

(b)

Grants.

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

        

(a)

Establishment.

(b)

Duties.

(c)

Report.

(d)

"Pharmacotherapeutics" defined.

(e)

Authorization of appropriations.

subpart 16-national institute of mental health

285p.
Purpose of Institute.

        

(a)

In general.

(b)

Research program.

(c)

Collaboration.

(d)

Information with respect to suicide.

(e)

Associate Director for Special Populations.

(f)

Funding.

285p–1.
Associate Director for Prevention.

        

(a)

In general.

(b)

Report.

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

        

(a)

In general.

(b)

Coordination of activities.

(c)

Research, demonstrations, evaluations, and dissemination.

(d)

Authority regarding grants and contracts.

(e)

Report to Congress.

285p–3.
Office on AIDS.

        

subpart 17-national institute of nursing research

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

        

(a)

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

(b)

Membership; ex officio members; compensation.

(c)

Term of office; vacancy; reappointment.

(d)

Chairman; selection; term of office.

(e)

Meetings.

(f)

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

(g)

Material for inclusion in biennial report; additional reports.

285q–3.
Biennial report.

        

Part D-National Library of Medicine

subpart 1-general provisions

286.
National Library of Medicine.

        

(a)

Purpose and establishment.

(b)

Functions.

(c)

Exchange, destruction, or disposal of materials not needed.

(d)

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

(e)

Regional medical libraries; establishment.

(f)

Acceptance and administration of gifts; memorials.

(g)

"Medicine" and "medical" defined.

286a.
Board of Regents.

        

(a)

Membership; ex officio members.

(b)

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

(c)

Term of office; vacancy; reappointment.

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

        

subpart 2-financial assistance

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

        

(a)

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

(b)

Functions.

(c)

Use of services of members by Secretary.

(d)

Compensation.

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

        

(a)

Compilation of existing and original writings on health.

(b)

Medical library science and related activities.

(c)

Development of education technologies.

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

        

(a)

Existing public or private nonprofit medical libraries.

(b)

Uses for grants and contracts.

(c)

Conditions.

(d)

Basic resources materials; limitation on grant or contract.

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

        

subpart 3-national center for biotechnology information

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

        

(a)

Establishment.

(b)

Functions.

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

286d.
National Information Center.

        

(a)

Establishment.

(b)

Purpose.

(c)

Electronic, convenient format; criteria for inclusion.

(d)

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

Part E-Other Agencies of NIH

subpart 1-national center for research resources

287.
General purpose.
287a.
Advisory council.

        

(a)

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

(b)

Membership; ex officio members; compensation.

(c)

Term of office; vacancy; reappointment.

(d)

Chairman; selection; term of office.

(e)

Meetings.

(f)

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

(g)

Material for inclusion in biennial report; additional reports.

(h)

Advisory council in existence on November 20, 1985.

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

        

(a)

Modernization and construction of facilities.

(b)

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

(c)

Requirements for grants.

(d)

Requirement of application.

(e)

Amount of grant; payments.

(f)

Recapture of payments.

(g)

Guidelines.

(h)

Authorization of appropriations.

287a–3.
Construction of regional centers for research on primates.

        

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

287b.
General purpose.

        

subpart 3-national center for human genome research

287c.
Purpose of Center.

        

(a)

General purpose.

(b)

Research training.

(c)

Amount available for ethical and legal issues.

subpart 4-office of dietary supplements

287c–11.
Dietary supplements.

        

(a)

Establishment.

(b)

Purpose.

(c)

Duties.

(d)

"Dietary supplement" defined.

(e)

Authorization of appropriations.

subpart 5-national center for complementary and alternative medicine

287c–21.
Purpose of Center.

        

(a)

In general.

(b)

Advisory council.

(c)

Complement to conventional medicine.

(d)

Appropriate scientific expertise and coordination with institutes and Federal agencies.

(e)

Evaluation of various disciplines and systems.

(f)

Ensuring high quality, rigorous scientific review.

(g)

Data system; information clearinghouse.

(h)

Research centers.

(i)

Availability of resources.

(j)

Availability of appropriations.

Part F-Research on Women's Health

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

        

(a)

Establishment.

(b)

Purpose.

(c)

Coordinating Committee.

(d)

Advisory Committee.

(e)

Representation of women among researchers.

(f)

Definitions.

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

        

(a)

Data system.

(b)

Clearinghouse.

287d–2.
Biennial report.

        

(a)

In general.

(b)

Inclusion in biennial report of Director of NIH.

Part G-Awards and Training

288.
National Research Service Awards.

        

(a)

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

(b)

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

(c)

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

(d)

Authorization of appropriations; apportionment.

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

        

(a)

In general.

(b)

Applicability of certain provisions.

(c)

Authorization of appropriations.

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

        

(a)

Establishment.

(b)

Contracts, obligated service, breach of contract.

(c)

Availability of funds.

288–3.
Loan repayment program for research generally.

        

(a)

In general.

(b)

Applicability of certain provisions.

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

        

(a)

Establishment of program.

(b)

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

(c)

Period of obligated service.

(d)

Provisions regarding scholarship.

(e)

Penalties for breach of scholarship contract.

(f)

Requirement of application.

(g)

Availability of authorization of appropriations.

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

        

(a)

Implementation of program.

(b)

Availability of authorization of appropriations.

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

        

(a)

Scope of undertaking.

(b)

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

(c)

Report to Congressional committees.

Part H-General Provisions

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

        

(a)

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

(b)

Periodic review of research at National Institutes of Health.

(c)

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

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

        

(a)

Review as precondition to research.

(b)

Ethical review of research.

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

        

(a)

Requirement of inclusion.

(b)

Inapplicability of requirement.

(c)

Design of clinical trials.

(d)

Guidelines.

(e)

Date certain for guidelines; applicability.

(f)

Reports by advisory councils.

(g)

Definitions.

289b.
Office of Research Integrity.

        

(a)

In general.

(b)

Existence of administrative processes as condition of funding for research.

(c)

Process for response of Director.

(d)

Monitoring by Director.

(e)

Protection of whistleblowers.

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

        

(a)

Issuance of regulations.

(b)

Relevant projects.

(c)

Identifying and reporting to Secretary.

(d)

Monitoring of process.

(e)

Response.

(f)

Definitions.

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

        

(a)

Establishment of guidelines.

(b)

Animal care committees; establishment; membership; functions.

(c)

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

(d)

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

(e)

Disclosure of trade secrets or privileged or confidential information.

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

        

(a)

Conduct or support by Secretary; restrictions.

(b)

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

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

        

(a)

Establishment of program.

(b)

Informed consent of donor.

(c)

Informed consent of researcher and donee.

(d)

Availability of statements for audit.

(e)

Applicability of State and local law.

(f)

Report.

(g)

"Human fetal tissue" defined.

289g–2.
Prohibitions regarding human fetal tissue.

        

(a)

Purchase of tissue.

(b)

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

(c)

Criminal penalties for violations.

(d)

Definitions.

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

        

(a)

Research on burns, burn injuries, and rehabilitation.

(b)

Authorization of appropriations.

Part I-Foundation for the National Institutes of Health

290b.
Establishment and duties of Foundation.

        

(a)

In general.

(b)

Purpose of Foundation.

(c)

Certain activities of Foundation.

(d)

Board of Directors.

(e)

Redesignated (g).

(f)

Incorporation.

(g)

Nonprofit status.

(h)

Executive Director.

(i)

Powers.

(j)

Administrative control.

(k)

General provisions.

(l)

Duties of Director.

(m)

Funding.

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

Part A-Organization and General Authorities

290aa.
Substance Abuse and Mental Health Services Administration.

        

(a)

Establishment.

(b)

Agencies.

(c)

Administrator and Deputy Administrator.

(d)

Authorities.

(e)

Associate Administrator for Alcohol Prevention and Treatment Policy.

(f)

Associate Administrator for Women's Services.

(g)

Services of experts.

(h)

Peer review groups.

(i)

Voluntary services.

(j)

Administration.

(k)

Report concerning activities and progress.

(l)

Applications for grants and contracts.

(m)

Authorization of appropriations.

290aa–1.
Advisory councils.

        

(a)

Appointment.

(b)

Membership.

(c)

Terms of office.

(d)

Chair.

(e)

Meetings.

(f)

Executive Secretary and staff.

290aa–2.
Reports: health consequences, current research, recommendations.

        

(a)

Alcoholism and alcohol abuse.

(b)

Drug abuse.

290aa–3.
Peer review.

        

(a)

In general.

(b)

Members.

(c)

Requirements.

(d)

Recommendations.

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

        

(a)

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

(b)

Requisite areas of data collection on mental health.

(c)

Requisite areas of data collection on substance abuse.

(d)

Development of uniform criteria for data collection.

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

        

(a)

Grants for benefit of homeless individuals.

(b)

Preference.

(c)

Services for certain individuals.

(d)

Term of grant.

(e)

Authorization of appropriations.

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

        

Part B-Centers and Programs

subpart 1-center for substance abuse treatment

290bb.
Center for Substance Abuse Treatment.

        

(a)

Establishment.

(b)

Duties.

(c)

Grants and contracts.

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

        

(a)

In general.

(b)

Availability of services for each participant.

(c)

Individualized plan of services.

(d)

Required supplemental services.

(e)

Minimum qualifications for receipt of award.

(f)

Requirement of matching funds.

(g)

Outreach.

(h)

Accessibility of program; cultural context of services.

(i)

Continuing education.

(j)

Imposition of charges.

(k)

Reports to Director.

(l)

Requirement of application.

(m)

Equitable allocation of awards.

(n)

Duration of award.

(o)

Evaluations; dissemination of findings.

(p)

Reports to Congress.

(q)

Definitions.

(r)

Authorization of appropriations.

290bb–1a.
Transferred.
290bb–2.
Outpatient treatment programs for pregnant and postpartum women.

        

(a)

Grants.

(b)

Prevention.

(c)

Evaluation.

290bb–3.
Demonstration projects of national significance.

        

(a)

Grants for treatment improvement.

(b)

Nature of projects.

(c)

Preferences in making grants.

(d)

Duration of grants.

(e)

Authorization of appropriations.

290bb–4.
Grants for substance abuse treatment in State and local criminal justice systems.

        

(a)

In general.

(b)

Eligibility.

(c)

Priority.

(d)

Authorization of appropriations.

290bb–5.
Training in provision of treatment services.

        

(a)

In general.

(b)

Priority.

(c)

Health professions education.

(d)

Authorization of appropriations.

290bb–6.
Action by Center for Substance Abuse Treatment and States concerning military facilities.

        

(a)

Center for Substance Abuse Treatment.

(b)

States.

(c)

Reservation of space.

subpart 2-center for substance abuse prevention

290bb–21.
Office for Substance Abuse Prevention.

        

(a)

Establishment; Director.

(b)

Duties of Director.

(c)

Grants, contracts and cooperative agreements.

(d)

National data base.

290bb–22.
Community programs.

        

(a)

In general.

(b)

Strategies for reducing use.

(c)

Authorization of appropriations.

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

        

(a)

Grants to public and nonprofit private entities.

(b)

Priority of projects.

(c)

Strategies for reducing use.

(d)

Regionally equal distribution of grants.

(e)

Application for grants.

(f)

Evaluation of projects.

(g)

"High risk youth" defined.

(h)

Authorization of appropriations.

290bb–24.
Employee assistance programs.

        

(a)

In general.

(b)

Certain requirements.

(c)

Special consideration for certain small businesses.

(d)

Consultation and technical assistance.

(e)

Authorization of appropriations.

subpart 3-center for mental health services

290bb–31.
Center for Mental Health Services.

        

(a)

Establishment.

(b)

Duties.

(c)

Grants and contracts.

290bb–32.
Establishment of grant programs for demonstration projects.

        

(a)

Seriously mentally ill individuals, and children and adolescents with serious emotional and mental disturbances.

(b)

Individuals at risk of mental illness.

(c)

Limitation on duration of grant.

(d)

Limitation on administrative expenses.

(e)

Authorizations of appropriations.

290bb–33.
Demonstration projects for individuals with positive test results.

        

(a)

In general.

(b)

Preferences in making grants.

(c)

Requirement of provision of information on prevention.

(d)

Authority for training.

(e)

Requirement of identification of needs and objectives.

(f)

Requirement of application.

(g)

Requirement of minimum number of grants for fiscal year 1989.

(h)

Technical assistance and administrative support.

(i)

"Mental health treatment" defined.

(j)

Authorization of appropriations.

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

        

Part C-Projects for Assistance in Transition From Homelessness

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

        

(a)

In general.

(b)

Specification of services.

(c)

Coordination.

(d)

Special consideration regarding veterans.

(e)

Special rules.

(f)

Administrative expenses.

(g)

Maintenance of effort.

(h)

Restrictions on use of funds.

290cc–23.
Requirement of matching funds.

        

(a)

In general.

(b)

Determination of amount.

(c)

Limitation regarding grants by States.

290cc–24.
Determination of amount of allotment.

        

(a)

Minimum allotment.

(b)

Determination under formula.

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

        

(a)

In general.

(b)

Specification of funds.

(c)

Requirement of provision of services in State involved.

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

        

(a)

In general.

(b)

Opportunity for public comment.

(c)

Relationship to State comprehensive mental health services plan.

290cc–28.
Requirement of reports by States.

        

(a)

In general.

(b)

Availability to public of reports.

(c)

Evaluations.

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

        

(a)

Repayment of payments.

(b)

Withholding of payments.

(c)

Opportunity for hearing.

(d)

Rule of construction.

290cc–32.
Prohibition against certain false statements.

        

(a)

In general.

(b)

Criminal penalty for violation of prohibition.

290cc–33.
Nondiscrimination.

        

(a)

In general.

(b)

Enforcement.

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

        

(a)

Authorization of appropriations.

(b)

Effect of insufficient appropriations for minimum allotments.

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

290dd.
Substance abuse among government and other employees.

        

(a)

Programs and services.

(b)

Deprivation of employment.

(c)

Construction.

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

        

(a)

Nondiscrimination.

(b)

Regulations.

290dd–2.
Confidentiality of records.

        

(a)

Requirement.

(b)

Permitted disclosure.

(c)

Use of records in criminal proceedings.

(d)

Application.

(e)

Nonapplicability.

(f)

Penalties.

(g)

Regulations.

(h)

Application to Department of Veterans Affairs.

290dd–3 to 290ee–3. Omitted.

        

Part E-Children With Serious Emotional Disturbances

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

        

(a)

Grants to certain public entities.

(b)

Considerations in making grants.

(c)

Matching funds.

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

        

(a)

Systems of comprehensive care.

(b)

Limitation on age of children provided access to system.

(c)

Required mental health services of system.

(d)

Required arrangements regarding other appropriate services.

(e)

General provisions regarding services of system.

(f)

Restrictions on use of grant.

290ff–2.
Individualized plan for services.

        

(a)

In general.

(b)

Multidisciplinary team.

(c)

Coordination with services under Individuals with Disabilities Education Act.

(d)

Contents of plan.

290ff–3.
Additional provisions.

        

(a)

Optional services.

(b)

Comprehensive plan.

(c)

Limitation on imposition of fees for services.

(d)

Relationship to items and services under other programs.

(e)

Limitation on administrative expenses.

(f)

Reports to Secretary.

(g)

Description of intended uses of grant.

(h)

Requirement of application.

290ff–4.
General provisions.

        

(a)

Duration of support.

(b)

Technical assistance.

(c)

Evaluations and reports by Secretary.

(d)

Definitions.

(e)

Rule of construction.

(f)

Funding.

Part F-Model Comprehensive Program for Treatment of Substance Abuse

290gg.
Demonstration program in national capital area.

        

(a)

In general.

(b)

Purposes.

(c)

Certain requirements.

(d)

Requirement of non-Federal contributions.

(e)

Evaluations.

(f)

Reports.

(g)

"National capital area" defined.

(h)

Obligation of funds.

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

291.
Congressional declaration of purpose.

        

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

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

        

(a)

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

(b)

Minimum allotments.

(c)

Allotment percentages; definitions; determination.

(d)

Availability of allotments in subsequent years.

(e)

Transfer of allotments.

(f)

Request by State to transfer portion of allotment.

291c.
General regulations.

        

(a)

Priority of projects; determination.

(b)

Standards of construction and equipment.

(c)

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

(d)

Criteria for determining need for modernization.

(e)

State plan requirements; assurances necessary for approval of application.

291d.
State plans.

        

(a)

Submission; requirements.

(b)

Approval by Surgeon General; hearing after disapproval.

291e.
Projects for construction or modernization.

        

(a)

Application; contents.

(b)

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

(c)

Opportunity for hearing required prior to disapproval.

(d)

Amendments subject to same approval as original applications.

(e)

Outpatient facilities; requirements of applicants.

291f.
Payments for construction or modernization.

        

(a)

Certification of work by Surgeon General; conditions affecting payments.

(b)

Additional payments in cases of amended applications.

(c)

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

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

        

(a)

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

(b)

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

(c)

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

291i.
Recovery of expenditures under certain conditions.

        

(a)

Persons liable.

(b)

Notice to Secretary.

(c)

Amount of recovery; interest; interest period.

(d)

Waiver.

(e)

Lien.

291j.
Loans.

        

(a)

Authorization; conditions.

(b)

Approval; payments to applicants.

(c)

Terms.

(d)

Funds; miscellaneous receipts.

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

291j–1.
Loan guarantees and loans.

        

(a)

Authority of Secretary.

(b)

Cost limitations.

(c)

Administrative assistance.

291j–2.
Allocation among States.

        

(a)

Allotment regulations.

(b)

Reallotment.

(c)

Time of availability of amounts for subsequent allotment.

(d)

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

291j–3.
Applications and conditions.

        

(a)

Contents of applications.

(b)

Conditions for approval.

(c)

Hearing.

(d)

Amendment of approved applications.

(e)

Recovery rights; terms and conditions.

(f)

Incontestable guarantee.

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

        

(a)

Interest rates; security; equitable geographical distribution.

(b)

Sale.

(c)

Agreements.

(d)

Right of recovery; waiver.

(e)

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

(f)

Sales proceeds; deposit and use.

(g)

Authorization of appropriations.

Part C-Construction or Modernization of Emergency Rooms

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

        

Part D-General Provisions

291k.
Federal Hospital Council.

        

(a)

Membership; qualifications.

(b)

Term of membership.

(c)

Meetings; annual or by call of Surgeon General.

(d)

Advisory or technical committees.

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

        

(a)

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

(b)

Application; form; information.

(c)

Interest; repayment period.

(d)

Authorization of appropriation.

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

        

SUBCHAPTER V-HEALTH PROFESSIONS EDUCATION

Part A-Student Loans

subpart i–insured health education assistance loans to graduate students

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

        

(a)

In general.

(b)

Certain limitations and priorities.

(c)

Authority of Student Loan Marketing Association.

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

        

(a)

In general.

(b)

Extent of insurance liability.

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

        

(a)

In general.

(b)

Limitation on rate of interest.

(c)

Minimum annual payment by borrower.

(d)

Applicability of certain laws on rate or amount of interest.

(e)

Determination regarding forbearance.

(f)

Loan repayment schedule.

(g)

Rule of construction regarding determination of need of students.

(h)

Definitions.

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

        

(a)

In general.

(b)

Authority regarding comprehensive insurance coverage.

(c)

Assignment of insurance rights.

(d)

Effect of refinancing or consolidation of obligations.

(e)

Rule of construction regarding consolidation of debts and refinancing.

292f.
Default of borrower.

        

(a)

Conditions for payment to beneficiary.

(b)

Subrogation.

(c)

Forbearance.

(d)

Reasonable care and diligence regarding loans.

(e)

Definitions.

(f)

Reductions in Federal reimbursements or payments for defaulting borrowers.

(g)

Conditions for discharge of debt in bankruptcy.

(h)

Requirement regarding actions for default.

(i)

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

(j)

School collection assistance.

292g.
Risk-based premiums.

        

(a)

Authority.

(b)

Assessment of premium.

(c)

Reduction of risk-based premium.

(d)

Administrative waivers.

(e)

Payoff to reduce risk category.

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

        

(a)

Establishment.

(b)

Purpose and functions.

(c)

Additional duties.

(d)

Allocation of funds for Office.

292i.
Insurance account.

        

(a)

In general.

(b)

Contingent authority for issuance of notes or other obligations.

292j.
Powers and responsibilities of Secretary.

        

(a)

In general.

(b)

Annual budget; accounts.

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

        

(a)

In general.

(b)

Recording by institution of information on students.

(c)

Workshop for student borrowers.

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

        

(a)

In general.

(b)

Availability of sums.

subpart ii-federally-supported student loan funds

292q.
Agreements for operation of school loan funds.

        

(a)

Fund agreements.

(b)

Requirements.

(c)

Failure of school to collect loans.

292r.
Loan provisions.

        

(a)

Amount of loan.

(b)

Terms and conditions.

(c)

Repayment; exclusions from repayment period.

(d)

Cancellation of liability.

(e)

Rate of interest.

(f)

Security or endorsement.

(g)

Transferring and assigning loans.

(h)

Charge with respect to insurance for certain cancellations.

(i)

Charge with respect to late payments.

(j)

Authority of schools regarding rate of payment.

(k)

Authority regarding repayments by Secretary.

(l)

Collection efforts by Secretary.

(m)

Elimination of statute of limitation for loan collections.

292s.
Medical schools and primary health care.

        

(a)

Requirements for students.

(b)

Requirements for schools.

(c)

Definitions.

292t.
Individuals from disadvantaged backgrounds.

        

(a)

Fund agreements regarding certain amounts.

(b)

Minimum qualifications for schools.

(c)

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

(d)

Availability of other amounts.

(e)

"Disadvantaged" defined.

(f)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Statement regarding loan.

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

        

(a)

Distribution after termination of fund.

(b)

Payment of proportionate share to Secretary.

292y.
General provisions.

        

(a)

Date certain for applications.

(b)

Contingent reduction in allotments.

(c)

Allotment of excess funds.

(d)

Payment of installments to schools.

(e)

Disposition of funds returned to Secretary.

(f)

Funding for certain medical schools.

Part B-Health Professions Training for Diversity

293.
Centers of excellence.

        

(a)

In general.

(b)

Required use of funds.

(c)

Centers of excellence.

(d)

Designation as center of excellence.

(e)

Authority regarding Native American centers of excellence.

(f)

Duration of grant.

(g)

Definitions.

(h)

Funding.

293a.
Scholarships for disadvantaged students.

        

(a)

In general.

(b)

Preference in providing scholarships.

(c)

Amount of award.

(d)

Definitions.

293b.
Loan repayments and fellowships regarding faculty positions.

        

(a)

Loan repayments.

(b)

Fellowships.

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

        

(a)

In general.

(b)

Requirements for awards.

(c)

Equitable allocation of financial assistance.

(d)

Matching requirements.

293d.
Authorization of appropriation.

        

(a)

Scholarships.

(b)

Loan repayments and fellowships.

(c)

Educational assistance in health professions regarding individuals from disadvantaged backgrounds.

(d)

Report.

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

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

        

(a)

Training generally.

(b)

Academic administrative units.

(c)

Priority.

(d)

Duration of award.

(e)

Funding.

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

        

(a)

Establishment.

(b)

Composition.

(c)

Terms.

(d)

Duties.

(e)

Meetings and documents.

(f)

Compensation and expenses.

(g)

FACA.

293m to 293p.
Repealed.

        

Part D-Interdisciplinary, Community-Based Linkages

294.
General provisions.

        

(a)

Collaboration.

(b)

Activities.

294a.
Area health education centers.

        

(a)

Authority for provision of financial assistance.

(b)

Requirements for centers.

(c)

Certain provisions regarding funding.

294b.
Health education and training centers.

        

(a)

In general.

(b)

Allocation of funds.

294c.
Education and training relating to geriatrics.

        

(a)

Geriatric education centers.

(b)

Geriatric training regarding physicians and dentists.

(c)

Geriatric faculty fellowships.

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

        

(a)

Grants.

(b)

Use of amounts.

(c)

Applications.

(d)

Definitions.

294e.
Allied health and other disciplines.

        

(a)

In general.

(b)

Activities.

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

        

(a)

Establishment.

(b)

Composition.

(c)

Terms.

(d)

Duties.

(e)

Meetings and documents.

(f)

Compensation and expenses.

(g)

FACA.

294g.
Authorization of appropriations.

        

(a)

In general.

(b)

Allocation.

(c)

Obligation of certain amounts.

Part E-Health Professions and Public Health Workforce

subpart 1-health professions workforce information and analysis

294n.
Health professions workforce information and analysis.

        

(a)

Purpose.

(b)

Grants or contracts.

(c)

Authorization of appropriations.

294o.
Advisory Council on Graduate Medical Education.

        

(a)

Establishment; duties.

(b)

Composition.

(c)

Terms of appointed members.

(d)

Chair.

(e)

Quorum.

(f)

Vacancies.

(g)

Compensation.

(h)

Certain authorities and duties.

(i)

Requirement regarding reports.

(j)

Final report.

(k)

Termination.

(l)

Funding.

subpart 2-public health workforce

295.
General provisions.

        

(a)

In general.

(b)

Eligibility.

(c)

Preference.

(d)

Activities.

(e)

Traineeships.

295a.
Public health training centers.

        

(a)

In general.

(b)

Eligible entities.

(c)

Certain requirements.

295b.
Public health traineeships.

        

(a)

In general.

(b)

Certain requirements.

295c.
Preventive medicine; dental public health.

        

(a)

In general.

(b)

Administration.

295d.
Health administration traineeships and special projects.

        

(a)

In general.

(b)

Relevant programs.

(c)

Preference in making grants.

(d)

Certain provisions regarding traineeships.

295e.
Authorization of appropriations.

        

(a)

In general.

(b)

Limitation regarding certain program.

Part F-General Provisions

295j.
Preferences and required information in certain programs.

        

(a)

Preferences in making awards.

(b)

"Graduate" defined.

(c)

Exceptions for new programs.

295k.
Health professions data.

        

(a)

In general.

(b)

Certain authorities and requirements.

(d)

Reports to Congress.

(e)

Requirements regarding personal data.

(g)

Technical assistance.

(h)

Grants and contracts regarding nonprofit entities.

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

        

(a)

In general.

(b)

Plan.

(c)

Performance outcome standards.

(d)

Linkages.

295n–2.
Use of funds.

        

(a)

In general.

(b)

Maintenance of effort.

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

        

(a)

Awarding of grants and contracts.

(b)

Eligible entities.

(c)

Information requirements.

(d)

Training programs.

(e)

Duration of assistance.

(f)

Peer review regarding certain programs.

(g)

Preference or priority considerations.

(h)

Analytic activities.

(i)

Osteopathic schools.

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

        

SUBCHAPTER VI-NURSING WORKFORCE DEVELOPMENT

Part A-General Provisions

296.
Definitions.
296a.
Application.

        

(a)

In general.

(b)

Plan.

(c)

Performance outcome standards.

(d)

Linkages.

296b.
Use of funds.

        

(a)

In general.

(b)

Maintenance of effort.

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

        

(a)

Awarding of grants and contracts.

(b)

Information requirements.

(c)

Training programs.

(d)

Duration of assistance.

(e)

Peer review regarding certain programs.

(f)

Analytic activities.

(g)

State and regional priorities.

(h)

Filing of applications.

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

        

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

296j.
Advanced education nursing grants.

        

(a)

In general.

(b)

Definition of advanced education nurses.

(c)

Authorized nurse practitioner and nurse midwifery programs.

(d)

Authorized nurse anesthesia programs.

(e)

Other authorized educational programs.

(f)

Traineeships.

Part C-Increasing Nursing Workforce Diversity

296m.
Workforce diversity grants.

        

(a)

In general.

(b)

Guidance.

(c)

Required information and conditions for award recipients.

Part D-Strengthening Capacity for Basic Nurse Education and Practice

296p.
Basic nurse education and practice grants.

        

(a)

In general.

(b)

Priority areas.

Part E-Student Loans

297a.
Student loan fund.

        

(a)

Agreements to establish and operate fund authorized.

(b)

Provisions of agreements.

(c)

Regulatory standards applicable to collection of loans.

297b.
Loan provisions.

        

(a)

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

(b)

Terms and conditions.

(c)

Cancellation.

(d)

Installments.

(e)

Availability to eligible students in need.

(f)

Penalty for late payment.

(g)

Minimum monthly repayment.

(h)

Loan cancellation.

(i)

Loan repayment.

(j)

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

(k)

Redesignated (j).

(l)

Elimination of statute of limitation for loan collections.

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

        

(a)

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

(b)

Installment payment of allotments.

(c)

Manner of payment.

297e.
Distribution of assets from loan funds.

        

(a)

Capital distribution of balance of loan fund.

(b)

Payment of principal or interest on loans.

(c)

Payment of balance of loan fund.

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

        

(a)

In general.

(b)

Manner of payments.

(c)

Payment by due date.

(d)

Breach of agreement.

(e)

Preferences regarding participants.

(f)

Definitions.

(g)

Authorization of appropriations.

(h)

Breach of agreement.

Part F-Funding

297q.
Funding.

        

(a)

Authorization of appropriations.

(b)

Allocations for fiscal years 1998 through 2002.

(c)

Allocations after fiscal year 2002.

(d)

Use of methodology before fiscal year 2003.

(e)

Authority for use of additional factors in methodology.

Part G-National Advisory Council on Nurse Education and Practice

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

        

(a)

Establishment.

(b)

Composition.

(c)

Vacancies.

(d)

Duties.

(e)

Meetings and documents.

(f)

Compensation and expenses.

(g)

Funding.

(h)

FACA.

SUBCHAPTER VII-AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part A-Establishment and General Duties

299.
Mission and duties.

        

(a)

In general.

(b)

Mission.

(c)

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

299a.
General authorities.

        

(a)

In general.

(b)

Health services training grants.

(c)

Multidisciplinary centers.

(d)

Relation to certain authorities regarding social security.

(e)

Disclaimer.

(f)

Rule of construction.

(g)

Annual report.

Part B-Health Care Improvement Research

299b.
Health care outcome improvement research.

        

(a)

Evidence rating systems.

(b)

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

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

        

(a)

Support for efforts to develop information on quality.

(b)

Centers for education and research on therapeutics.

(c)

Reducing errors in medicine.

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

        

(a)

In general.

(b)

Quality and outcomes information.

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

        

(a)

In general.

(b)

Demonstration.

(c)

Facilitating public access to information.

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

        

(a)

Preventive Services Task Force.

(b)

Primary care research.

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

        

(a)

In general.

(b)

Specification of process.

(c)

Specific assessments.

(d)

Medical examination of certain victims.

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

        

(a)

Requirement.

(b)

Study by the Institute of Medicine.

Part C-General Provisions

299c.
Advisory Council for Healthcare Research and Quality.

        

(a)

Establishment.

(b)

Duties.

(c)

Membership.

(d)

Terms.

(e)

Vacancies.

(f)

Chair.

(g)

Meetings.

(h)

Compensation and reimbursement of expenses.

(i)

Staff.

(j)

Duration.

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

        

(a)

Requirement of review.

(b)

Approval as precondition of awards.

(c)

Establishment of peer review groups.

(d)

Authority for procedural adjustments in certain cases.

(e)

Regulations.

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

        

(a)

Standards with respect to utility of data.

(b)

Statistics and analyses.

(c)

Authority regarding certain requests.

299c–3.
Dissemination of information.

        

(a)

In general.

(b)

Prohibition against restrictions.

(c)

Limitation on use of certain information.

(d)

Penalty.

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

        

(a)

Financial conflicts of interest.

(b)

Requirement of application.

(c)

Provision of supplies and services in lieu of funds.

(d)

Applicability of certain provisions with respect to contracts.

299c–5.
Certain administrative authorities.

        

(a)

Deputy director and other officers and employees.

(b)

Facilities.

(c)

Provision of financial assistance.

(d)

Utilization of certain personnel and resources.

(e)

Consultants.

(f)

Experts.

(g)

Voluntary and uncompensated services.

299c–6.
Funding.

        

(a)

Intent.

(b)

Authorization of appropriations.

(c)

Evaluations.

299c–7.
Definitions.

        

SUBCHAPTER VIII-POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING PROGRAMS

300.
Project grants and contracts for family planning services.

        

(a)

Authority of Secretary.

(b)

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

(c)

Reduction of grant amount.

(d)

Authorization of appropriations.

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

        

(a)

Authority of Secretary; prerequisites.

(b)

Factors determining amount of State allotments.

(c)

"State" defined.

(d)

Authorization of appropriations.

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

        

(a)

Promulgation of regulations governing execution; amount of grants.

(b)

Payment of grants.

(c)

Prerequisites; "low-income family" defined.

(d)

Suitability of informational or educational materials.

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

        

(a)

Omitted.

(b)

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

(c)

Discrimination prohibition.

(d)

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

(e)

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

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

        

SUBCHAPTER VIII–A-ADOLESCENT PREGNANCIES

Part A-Grant Program

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

        

Part B-Improving Coordination of Federal and State Programs

300a–41.
Repealed.

        

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

Part A-Genetic Diseases

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

        

(a)

Manner of submission; contents.

(b)

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

300b–4.
Public Health Service facilities.
300b–5.
Repealed.
300b–6.
Applied technology.
300c to 300c–4.
Omitted.

        

Part B-Sudden Infant Death Syndrome

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

        

(a)

Adequate amounts for identification and prevention progress.

(b)

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

(c)

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

Part C-Hemophilia Programs

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

        

(a)

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

(b)

Grants for alleviation of insufficient supplies of blood fractions.

(c)

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

(d)

Nonapplicability of statutory provisions to contracts.

(e)

Authorization of appropriations.

SUBCHAPTER X-TRAUMA CARE

Part A-General Authority and Duties of Secretary

300d.
Establishment.

        

(a)

In general.

(b)

Grants, cooperative agreements, and contracts.

(c)

Administration.

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

        

(a)

Establishment.

(b)

Duties.

(c)

Fees and assessments.

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

        

(a)

In general.

(b)

Special consideration for certain rural areas.

(c)

Requirement of application.

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

300d–11.
Establishment of program.

        

(a)

Requirement of allotments for States.

(b)

Purpose.

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

        

(a)

Non-Federal contributions.

(b)

Determination of amount of non-Federal contribution.

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

        

(a)

Trauma care modifications to State plan for emergency medical services.

(b)

Certain standards with respect to trauma care centers and systems.

(c)

Model trauma care plan.

(d)

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

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

        

(a)

Trauma plan.

(b)

Information received by State reporting and analysis system.

(c)

Availability of emergency medical services in rural areas.

300d–15.
Restrictions on use of payments.

        

(a)

In general.

(b)

Exception.

300d–16.
Requirement of reports by States.

        

(a)

In general.

(b)

Availability to public of reports.

(c)

Evaluations by Comptroller General.

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

        

(a)

Minimum allotment.

(b)

Determination under formula.

(c)

Disposition of certain funds appropriated for allotments.

300d–19.
Failure to comply with agreements.

        

(a)

Repayment of payments.

(b)

Opportunity for hearing.

300d–20.
Prohibition against certain false statements.

        

(a)

In general.

(b)

Criminal penalty for violation of prohibition.

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

        

(a)

Technical assistance.

(b)

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

300d–22.
Report by Secretary.

        

Part C-General Provisions Regarding Parts A and B

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

        

(a)

Authorization of appropriations.

(b)

Allocation of funds by Secretary.

(c)

Effect of insufficient appropriations for minimum allotments.

300d–33.
Repealed.

        

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

300d–41.
Grants for certain trauma centers.

        

(a)

In general.

(b)

Minimum qualifications of centers.

300d–42.
Preferences in making grants.

        

(a)

In general.

(b)

Further preference for certain applications.

300d–43.
Certain agreements.

        

(a)

Commitment regarding continued participation in trauma care system.

(b)

Maintenance of financial support.

(c)

Trauma care registry.

300d–44.
General provisions.

        

(a)

Application.

(b)

Limitation on duration of support.

(c)

Limitation on amount of grant.

300d–45.
Authorization of appropriations.

        

Part E-Miscellaneous Programs

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

        

(a)

In general.

(b)

Identification and referral of domestic violence.

(c)

Authorization of appropriations.

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

        

(a)

In general.

(b)

State advisory board.

(c)

Matching funds.

(d)

Application for grant.

(e)

Coordination of activities.

(f)

Report.

(g)

"Traumatic brain injury" defined.

(h)

Authorization of appropriations.

Part F-Interagency Program for Trauma Research

300d–61.
Establishment of Program.

        

(a)

In general.

(b)

Plan for Program.

(c)

Participating agencies; coordination and collaboration.

(d)

Certain activities of Program.

(e)

Mechanisms of support.

(f)

Resources.

(g)

Coordinating Committee.

(h)

Definitions.

SUBCHAPTER XI-HEALTH MAINTENANCE ORGANIZATIONS

300e.
Requirements of health maintenance organizations.

        

(a)

"Health maintenance organization" defined.

(b)

Manner of supplying basic and supplemental health services to members.

(c)

Organizational requirements.

(d)

Application of rules by certain health maintenance organizations.

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

        

(a)

Authority.

(b)

Limitations.

(c)

Source of loan funds.

(d)

Time limit on loans and loan guarantees.

(e)

Repealed.

(f)

Medically underserved populations.

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

        

(a)

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

(b)

Application contents.

(c)

Regulations.

300e–6.
Administration of assistance programs.

        

(a)

Recordkeeping; audit and examination.

(b)

Report upon expiration of period.

(c)

Repealed.

(d)

Other entities considered health maintenance organizations.

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

        

(a)

Conditions.

(b)

Application requirements.

(c)

Sale of loans.

(d)

Loan guarantee fund.

(e)

Loan fund.

(f)

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

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

        

(a)

Regulations; membership option.

(b)

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

(c)

"Qualified health maintenance organization" defined.

(d)

Civil penalty; notice and presentation of views; review.

(e)

"Employer" defined.

(f)

Termination of payment for failure to comply.

300e–10.
Restrictive State laws and practices.

        

(a)

Entities operating as health maintenance organizations.

(b)

Advertising.

(c)

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

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

        

(a)

Determination of deficiency.

(b)

Action by Secretary upon determination.

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

        

(a)

National Health Maintenance Organization Intern Program.

(b)

Technical assistance.

(c)

Amounts provided in advance in appropriation acts.

300e–17.
Financial disclosure.

        

(a)

Financial information reported to Secretary.

(b)

"Party in interest" defined.

(c)

Information availability.

(d)

Evaluation of transactions.

(e)

Repealed.

(f)

Rates.

(g)

Annual financial statement.

(h)

Penalties.

SUBCHAPTER XII-SAFETY OF PUBLIC WATER SYSTEMS

Part A-Definitions

300f.
Definitions.

        

Part B-Public Water Systems

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

        

(a)

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

(b)

Standards.

(c)

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

(d)

Regulations; public hearings; administrative consultations.

(e)

Science Advisory Board comments.

300g–2.
State primary enforcement responsibility.

        

(a)

In general.

(b)

Regulations.

(c)

Interim primary enforcement authority.

300g–3.
Enforcement of drinking water regulations.

        

(a)

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

(b)

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

(c)

Notice to persons served.

(d)

Notice of noncompliance with secondary drinking water regulations.

(e)

State authority to adopt or enforce laws or regulations respecting drinking water regulations or public water systems unaffected.

(f)

Notice and public hearing; availability of recommendations transmitted to State and public water system.

(g)

Administrative order requiring compliance; notice and hearing; civil penalty; civil actions.

(h)

Consolidation incentive.

(i)

"Applicable requirement" defined.

300g–4.
Variances.

        

(a)

Characteristics of raw water sources; specific treatment technique; notice to Administrator, reasons for variance; compliance, enforcement; approval or revision of schedules and revocation of variances; review of variances and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting variances or failing to prescribe schedules; State corrective action; authority of Administrator in a State without primary enforcement responsibility; alternative treatment techniques.

(b)

Enforcement of schedule or other requirement.

(c)

Applications for variances; regulations: reasonable time for acting.

(d)

"Treatment technique requirement" defined.

(e)

Small system variances.

300g–5.
Exemptions.

        

(a)

Requisite findings.

(b)

Compliance schedule and implementation of control measures; notice and hearing; dates for compliance with schedule; compliance, enforcement; approval or revision of schedules and revocation of exemptions.

(c)

Notice to Administrator; reasons for exemption.

(d)

Review of exemptions and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting exemptions or failing to prescribe schedules; State corrective action.

(e)

"Treatment technique requirement" defined.

(f)

Authority of Administrator in a State without primary enforcement responsibility.

(g)

Applications for exemptions; regulations; reasonable time for acting.

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

        

(a)

In general.

(b)

State enforcement.

(c)

Penalties.

(d)

"Lead free" defined.

(e)

Plumbing fittings and fixtures.

300g–7.
Monitoring of contaminants.

        

(a)

Interim monitoring relief authority.

(b)

Permanent monitoring relief authority.

(c)

Treatment as NPDWR.

(d)

Other monitoring relief.

300g–8.
Operator certification.

        

(a)

Guidelines.

(b)

State programs.

(c)

Existing programs.

(d)

Expense reimbursement.

300g–9.
Capacity development.

        

(a)

State authority for new systems.

(b)

Systems in significant noncompliance.

(c)

Capacity development strategy.

(d)

Federal assistance.

(e)

Variances and exemptions.

(f)

Small public water systems technology assistance centers.

(g)

Environmental finance centers.

Part C-Protection of Underground Sources of Drinking Water

300h.
Regulations for State programs.

        

(a)

Publication of proposed regulations; promulgation; amendments; public hearings; administrative consultations.

(b)

Minimum requirements; restrictions.

(c)

Temporary permits; notice and hearing.

(d)

"Underground injection" defined; underground injection endangerment of drinking water sources.

300h–1.
State primary enforcement responsibility.

        

(a)

List of States in need of a control program; amendment of list.

(b)

State applications; notice to Administrator of compliance with revised or added requirements; approval or disapproval by Administrator; duration of State primary enforcement responsibility; public hearing.

(c)

Program by Administrator for State without primary enforcement responsibility; restrictions.

(d)

"Applicable underground injection control program" defined.

(e)

Primary enforcement responsibility by Indian Tribe.

300h–2.
Enforcement of program.

        

(a)

Notice to State and violator; issuance of administrative order; civil action.

(b)

Civil and criminal actions.

(c)

Administrative orders.

(d)

State authority to adopt or enforce laws or regulations respecting underground injection unaffected.

300h–3.
Interim regulation of underground injections.

        

(a)

Necessity for well operation permit; designation of one aquifer areas.

(b)

Well operation permits; publication in Federal Register; notice and hearing; issuance or denial; conditions for issuance.

(c)

Civil penalties; separate violations; penalties for willful violations; temporary restraining order or injunction.

(d)

"New underground injection well" defined.

(e)

Areas with one aquifer; publication in Federal Register; commitments for Federal financial assistance.

300h–4.
Optional demonstration by States relating to oil or natural gas.

        

(a)

Approval of State underground injection control program; alternative showing of effectiveness of program by State.

(b)

Revision or amendment of requirements of regulation; showing of effectiveness of program by State.

(c)

Primary enforcement responsibility of State; voiding by Administrator under duly promulgated rule.

300h–5.
Regulation of State programs.
300h–6.
Sole source aquifer demonstration program.

        

(a)

Purpose.

(b)

"Critical aquifer protection area" defined.

(c)

Application.

(d)

Criteria.

(e)

Contents of application.

(f)

Comprehensive plan.

(g)

Plans under section 208 of Clean Water Act.

(h)

Consultation and hearings.

(i)

Approval or disapproval.

(j)

Grants and reimbursement.

(k)

Activities funded under other law.

(l)

Savings provision.

(m)

Authorization of appropriations.

300h–7.
State programs to establish wellhead protection areas.

        

(a)

State programs.

(b)

Public participation.

(c)

Disapproval.

(d)

Federal assistance.

(e)

"Wellhead protection area" defined.

(f)

Prohibitions.

(g)

Implementation.

(h)

Federal agencies.

(i)

Additional requirement.

(j)

Coordination with other laws.

(k)

Authorization of appropriations.

300h–8.
State ground water protection grants.

        

(a)

In general.

(b)

Guidance.

(c)

Conditions of grants.

(d)

Amount of grants.

(e)

Evaluations and reports.

(f)

Authorization of appropriations.

Part D-Emergency Powers

300i.
Emergency powers.

        

(a)

Actions authorized against imminent and substantial endangerment to health.

(b)

Penalties for violations; separate offenses.

300i–1.
Tampering with public water systems.

        

(a)

Tampering.

(b)

Attempt or threat.

(c)

Civil penalty.

(d)

"Tamper" defined.

Part E-General Provisions

300j.
Assurances of availability of adequate supplies of chemicals necessary for treatment of water.

        

(a)

Certification of need application.

(b)

Application requirements; publication in Federal Register; waiver; certification, issuance or denial.

(c)

Certification of need; issuance; executive orders; implementation of orders; equitable apportionment of orders; factors considered.

(d)

Breach of contracts; defense.

(e)

Penalties for noncompliance with orders; temporary restraining orders and preliminary or permanent injunctions.

(f)

Termination date.

300j–1.
Research, technical assistance, information, training of personnel.

        

(a)

Specific powers and duties of Administrator.

(b)

Emergency situations.

(c)

Establishment of training programs and grants for training; training fees.

(d)

Authorization of appropriations.

(e)

Technical assistance.

300j–2.
Grants for State programs.

        

(a)

Public water systems supervision programs; applications for grants; allotment of sums; waiver of grant restrictions; notice of approval or disapproval of application; authorization of appropriations.

(b)

Underground water source protection programs; applications for grants; allotment of sums; authorization of appropriations.

(c)

Definitions.

(d)

New York City watershed protection program.

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

        

(a)

Special study and demonstration project grants.

(b)

Limitations.

(c)

Authorization of appropriations.

(d)

Loan guarantees to public water systems; conditions; indebtedness limitation; regulations.

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

        

(a)

Assistance for development and demonstration projects.

(b)

Limitations.

(c)

Authorization of appropriations.

300j–3b.
Contaminant standards or treatment technique guidelines.
300j–3c.
National assistance program for water infrastructure and watersheds.

        

(a)

Technical and financial assistance.

(b)

Limitation.

(c)

Condition.

(d)

Authorization of appropriations.

(e)

Acquisition of lands.

(f)

Federal share.

(g)

Definitions.

300j–4.
Records and inspections.

        

(a)

Provision of information to Administrator; monitoring program for unregulated contaminants.

(b)

Entry of establishments, facilities, or other property; inspections; conduct of certain tests; audit and examination of records; entry restrictions; prohibition against informing of a proposed entry.

(c)

Penalty.

(d)

Confidential information; trade secrets and secret processes; information disclosure; "information required under this section" defined.

(e)

"Grantee" and "person" defined.

(f)

Information regarding drinking water coolers.

(g)

Occurrence data base.

(h)

Availability of information on small system technologies.

(i)

Screening methods.

300j–5.
National Drinking Water Advisory Council.

        

(a)

Establishment; membership; representation of interests; term of office, vacancies; reappointment.

(b)

Functions.

(c)

Compensation and allowances; travel expenses.

(d)

Advisory committee termination provision inapplicable.

300j–6.
Federal agencies.

        

(a)

In general.

(b)

Administrative penalty orders.

(c)

Limitation on State use of funds collected from Federal Government.

(d)

Indian rights and sovereignty as unaffected; "Federal agency" defined.

(e)

Washington Aqueduct.

300j–7.
Judicial review.

        

(a)

Courts of appeals; petition for review: actions respecting regulations; filing period; grounds arising after expiration of filing period; exclusiveness of remedy.

(b)

District courts; petition for review: actions respecting variances or exemptions; filing period; grounds arising after expiration of filing period; exclusiveness of remedy.

(c)

Judicial order for additional evidence before Administrator; modified or new findings; recommendation for modification or setting aside of original determination.

300j–8.
Citizen's civil action.

        

(a)

Persons subject to civil action; jurisdiction of enforcement proceedings.

(b)

Conditions for commencement of civil action; notice.

(c)

Intervention of right.

(d)

Costs; attorney fees; expert witness fees; filing of bond.

(e)

Availability of other relief.

300j–9.
General provisions.

        

(a)

Regulations; delegation of functions.

(b)

Utilization of officers and employees of Federal agencies.

(c)

Assignment of Agency personnel to State or interstate agencies.

(d)

Payments of grants; adjustments; advances; reimbursement; installments; conditions; eligibility for grants; "nonprofit agency or institution" defined.

(e)

Labor standards.

(f)

Appearance and representation of Administrator through Attorney General or attorney appointees.

(g)

Authority of Administrator under other provisions unaffected.

(h)

Reports to Congressional committees; review by Office of Management and Budget: submittal of comments to Congressional committees.

(i)

Discrimination prohibition; filing of complaint; investigation; orders of Secretary; notice and hearing; settlements; attorneys' fees; judicial review; filing of petition; procedural requirements; stay of orders; exclusiveness of remedy; civil actions for enforcement of orders; appropriate relief; mandamus proceedings; prohibition inapplicable to undirected but deliberate violations.

300j–10.
Appointment of scientific, etc., personnel by Administrator of Environmental Protection Agency for implementation of responsibilities; compensation.
300j–11.
Indian Tribes.

        

(a)

In general.

(b)

EPA regulations.

300j–12.
State revolving loan funds.

        

(a)

General authority.

(b)

Intended use plans.

(c)

Fund management.

(d)

Assistance for disadvantaged communities.

(e)

State contribution.

(f)

Types of assistance.

(g)

Administration of State loan funds.

(h)

Needs survey.

(i)

Indian Tribes.

(j)

Other areas.

(k)

Other authorized activities.

(l)

Savings.

(m)

Authorization of appropriations.

(n)

Health effects studies.

(o)

Monitoring for unregulated contaminants.

(p)

Demonstration project for State of Virginia.

(q)

Small system technical assistance.

(r)

Evaluation.

300j–13.
Source water quality assessment.

        

(a)

Source water assessment.

(b)

Approval and disapproval.

300j–14.
Source water petition program.

        

(a)

Petition program.

(b)

Approval or disapproval of petitions.

(c)

Grants to support State programs.

(d)

Guidance.

(e)

Authorization of appropriations.

(f)

Statutory construction.

300j–15.
Water conservation plan.

        

(a)

Guidelines.

(b)

Loans or grants.

300j–16.
Assistance to colonias.

        

(a)

Definitions.

(b)

Grants to alleviate health risks.

(c)

Use of funds.

(d)

Cost sharing.

(e)

Authorization of appropriations.

300j–17.
Estrogenic substances screening program.
300j–18.
Drinking water studies.

        

(a)

Subpopulations at greater risk.

(b)

Biological mechanisms.

(c)

Studies on harmful substances in drinking water.

(d)

Waterborne disease occurrence study.

Part F-Additional Requirements To Regulate Safety of Drinking Water

300j–21.
Definitions.
300j–22.
Recall of drinking water coolers with lead-lined tanks.
300j–23.
Drinking water coolers containing lead.

        

(a)

Publication of lists.

(b)

Prohibition.

(c)

Criminal penalty.

(d)

Civil penalty.

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

        

(a)

Distribution of drinking water cooler list.

(b)

Guidance document and testing protocol.

(c)

Dissemination to schools, etc.

(d)

Remedial action program.

300j–25.
Federal assistance for State programs regarding lead contamination in school drinking water.

        

(a)

School drinking water programs.

(b)

Limits.

(c)

Authorization of appropriations.

300j–26.
Certification of testing laboratories.

        

SUBCHAPTER XIII-PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND CERVICAL CANCERS

300k.
Establishment of program of grants to States.

        

(a)

In general.

(b)

Grant and contract authority of States.

(c)

Special consideration for certain States.

(d)

Coordinating committee regarding year 2000 health objectives.

300l.
Requirement of matching funds.

        

(a)

In general.

(b)

Determination of amount of non-Federal contribution.

300l–1.
Requirement regarding medicaid.
300m.
Requirements with respect to type and quality of services.

        

(a)

Requirement of provision of all services by date certain.

(b)

Use of improved screening procedures.

(c)

Quality assurance regarding screening procedures.

300n.
Additional required agreements.

        

(a)

Priority for low-income women.

(b)

Limitation on imposition of fees for services.

(c)

Statewide provision of services.

(d)

Relationship to items and services under other programs.

(e)

Coordination with other breast and cervical cancer programs.

(f)

Limitation on administrative expenses.

(g)

Restrictions on use of grant.

(h)

Records and audits.

(i)

Reports to Secretary.

300n–1.
Description of intended uses of grant.
300n–2.
Requirement of submission of application.
300n–3.
Technical assistance and provision of supplies and services in lieu of grant funds.

        

(a)

Technical assistance.

(b)

Provision of supplies and services in lieu of grant funds.

300n–4.
Evaluations and reports.

        

(a)

Evaluations.

(b)

Report to Congress.

300n–4a.
Supplemental grants for additional preventive health services.

        

(a)

Demonstration projects.

(b)

Status as participant in program regarding breast and cervical cancer.

(c)

Applicability of provisions of general program.

(d)

Funding.

300n–5.
Funding for general program.

        

(a)

Authorization of appropriations.

(b)

Set-aside for technical assistance and provision of supplies and services.

SUBCHAPTER XIV-HEALTH RESOURCES DEVELOPMENT

300o to 300p–3.
Repealed.

        

Part A-Loans and Loan Guarantees

300q.
Loan and loan guarantee authority.

        

(a)

Covered projects: duration; payment of principal and interest on loans for covered projects: duration; payments for reduction of interest rate.

(b)

Amount of loans for medical facilities projects and such projects in urban or rural poverty areas.

(c)

Limitation on cumulative total of principal of outstanding loans.

(d)

Administrative assistance of Department of Housing and Urban Development.

300q–1.
Repealed.
300q–2.
General provisions.

        

(a)

Loan guarantees; criteria for approval; recovery of payments by United States; modification, etc., of terms and conditions; incontestability.

(b)

Loans; criteria for approval; terms and conditions; waiver of recovery of payments by United States.

(c)

Sale of loans; authority; amount; agreements with purchasers; deposit of proceeds.

(d)

Loan and loan guarantee fund; establishment; amounts authorized to be appropriated; issuance, purchase, and sale of notes, obligations, etc.; interest rates; public debt transactions.

(e)

Transfers to and additional capitalization of loan and loan guarantee fund.

(f)

Default prevention measures; terms and conditions; implementation of reforms; foreclosures; protection of Federal interest on default.

Part B-Project Grants

300r.
Grants for construction or modernization projects.

        

(a)

Authority; objectives; eligible grantees; maximum amounts; authorization of appropriations; availability of unobligated funds.

(b)

Projects for medically underserved populations; eligible grantees; maximum amounts; authorization of appropriations.

Part C-General Provisions

300s.
General regulations.
300s–1.
Medical facility project applications.

        

(a)

Submissions.

(b)

Form; required provisions; waiver; projects subject to requirements.

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

        

(a)

Persons liable.

(b)

Notice to Secretary.

(c)

Amount of recovery; interest; interest period.

(d)

Waiver.

(e)

Lien.

300s–2.
State supervision or control of operations of facilities receiving funds.
300s–3.
Definitions.
300s–4.
Reporting and audit requirements for recipients.

        

(a)

Filing of financial statement with appropriate State Agency; form and contents.

(b)

Maintenance of records; access to books, etc., for audit and examination.

(c)

Filing of financial statement with Secretary; form and contents.

300s–5.
Availability of technical and other nonfinancial assistance to eligible applicants.
300s–6.
Enforcement of assurances.

        

Part D-Area Health Services Development Funds

300t.
Development grants for health systems agencies.

        

(a)

Eligible recipients; purpose of grants.

(b)

Determination of amounts; maximum amounts.

(c)

Applications; submission and approval as prerequisite; form and contents.

(d)

Authorization of appropriations.

Part E-Program To Assist and Encourage Voluntary Discontinuance of Unneeded Hospital Services and Conversion of Unneeded Hospital Services to Other Health Services Needed by Community

300t–11.
Grants and assistance for establishment of program.
300t–12.
Grants for discontinuance and conversion.

        

(a)

Terms and conditions; determination of amount; authorized uses.

(b)

Application; submission and approval; form; required provisions; review by health systems agency; basis of State Agency's recommendations; urban or rural poverty population considerations; approval by Secretary: restrictions and special considerations.

(c)

Certification of protective arrangements for employment benefits and interests; guidelines; satisfactory arrangement determinations.

(d)

Records and audits requirements.

(e)

"Hospital" defined.

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

        

(a)

"Excess hospital capacity" defined; particular activities.

(b)

Terms and conditions.

300t–14.
Authorization of appropriations.

        

SUBCHAPTER XV-HEALTH INFORMATION AND HEALTH PROMOTION

300u.
General authority of Secretary.

        

(a)

Development, support, and implementation of programs, activities, etc.

(b)

Authorization of appropriations.

(c)

Application; submission and approval as prerequisite; form and content.

300u–1.
Grants and contracts for research programs; authority of Secretary; review of applications; additional functions; periodic public survey.
300u–2.
Grants and contracts for community health programs.

        

(a)

Authority of Secretary; particular activities.

(b)

Grants to States and other public and nonprofit private entities; costs of demonstrating and evaluating programs; development of models.

(c)

Private nonprofit entities; limitation on amount of grant or contract.

300u–3.
Grants and contracts for information programs; authority of Secretary; particular activities.
300u–4.
Status reports to President and Congress; study of health education and preventive health services with respect to insurance coverage.
300u–5.
Centers for research and demonstration of health promotion and disease prevention.

        

(a)

Establishment; grants; contracts; research and demonstration projects.

(b)

Location; types of research and projects.

(c)

Equitable geographic distribution of centers; procedures.

(d)

"Academic health center" defined.

(e)

Authorization of appropriations.

300u–6.
Office of Minority Health.

        

(a)

In general.

(b)

Duties.

(c)

Advisory Committee.

(d)

Certain requirements regarding duties.

(e)

Grants and contracts regarding duties.

(f)

Reports.

(g)

Definitions.

(h)

Funding.

300u–7.
Office of Adolescent Health.

        

(a)

In general.

(b)

Duties.

(c)

Certain demonstration projects.

(d)

Information clearinghouse.

(e)

National plan.

(f)

Adolescent health.

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

        

(a)

Biennial report.

(b)

Submission to Congress.

300u–9.
Education regarding DES.

        

(a)

In general.

(b)

Authorization of appropriations.

SUBCHAPTER XVI-PRESIDENT'S COMMISSION FOR THE STUDY OF ETHICAL PROBLEMS IN MEDICINE AND BIOMEDICAL AND BEHAVIOR RESEARCH

300v.
Commission.

        

(a)

Establishment; composition; appointment of members; vacancies.

(b)

Terms of members.

(c)

Chairman.

(d)

Meetings.

(e)

Compensation; travel expenses, etc.

300v–1.
Duties of Commission.

        

(a)

Studies and investigations; priority and order; report to President and Congress.

(b)

Recommendations to agencies; subsequent administrative requirements.

(c)

Report on protection of human subjects; scope; submission to President, etc.

(d)

Annual report; scope; submission to President, etc.

(e)

Publication and dissemination of reports.

(f)

Definitions.

300v–2.
Administrative provisions.

        

(a)

Hearings.

(b)

Appointment and compensation of staff personnel; procurement and compensation of temporary and intermittent services; detail of personnel from other Federal agencies.

(c)

Contracting authority.

(d)

Informational requirements and prohibitions.

(e)

Support services from Administrator of General Services.

300v–3.
Authorization of appropriations; termination of Commission.

        

SUBCHAPTER XVII-BLOCK GRANTS

Part A-Preventive Health and Health Services Block Grants

300w.
Authorization of appropriations.
300w–1.
Allotments.

        

(a)

Availability based upon prior year distributions.

(b)

Population.

(c)

Distribution of appropriated funds not allotted.

(d)

Distributions to Indian tribes.

(e)

Report on equitable distribution of available funds.

300w–2.
Payments under allotments to States.
300w–3.
Use of allotments.

        

(a)

Preventive health services, comprehensive public health services, emergency medical services, etc.

(b)

Prohibited uses.

(c)

Transfer of funds.

(d)

Limitation on administrative costs.

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

        

(a)

In general.

(b)

State plan.

(c)

State certification.

(d)

State Advisory Committee.

300w–5.
Reports, data, and audits.

        

(a)

Annual reports; contents; data collection; copies.

(b)

Fiscal control; accounting procedures; annual audits; repayments and offsets; public inspection; Comptroller General evaluations; report to Congress.

(c)

Inapplicability of title XVII of Omnibus Budget Reconciliation Act of 1981.

300w–6.
Withholding of funds.

        

(a)

Prerequisites.

(b)

Investigations.

(c)

Availability of books, documents, papers, and records.

(d)

Information not readily available.

300w–7.
Nondiscrimination provisions.

        

(a)

Programs and activities receiving Federal financial assistance.

(b)

Failure to comply.

(c)

Civil actions by Attorney General.

300w–8.
Criminal penalty for false statements.
300w–9.
Emergency medical services for children.

        

(a)

Grant authority.

(b)

Renewals.

(c)

Definitions.

(d)

Authorization of appropriations.

300w–10.
Use of allotments for rape prevention education.

        

(a)

Permitted use.

(b)

Targeting of education programs.

(c)

Authorization of appropriations.

(d)

Limitation.

(e)

"Rape prevention and education" defined.

(f)

Terms.

Part B-Block Grants Regarding Mental Health and Substance Abuse

subpart i-block grants for community mental health services

300x.
Formula grants to States.

        

(a)

In general.

(b)

Purpose of grants.

300x–1.
State plan for comprehensive community mental health services for certain individuals.

        

(a)

In general.

(b)

Criteria for plan.

(c)

Definitions regarding mental illness and emotional disturbance; methods for estimate of incidence and prevalence.

(d)

Requirement of implementation of plan.

300x–2.
Certain agreements.

        

(a)

Allocation for systems of integrated services for children.

(b)

Providers of services.

(c)

Criteria for mental health centers.

300x–3.
State mental health planning council.

        

(a)

In general.

(b)

Duties.

(c)

Membership.

(d)

"Council" defined.

300x–4.
Additional provisions.

        

(a)

Review of State plan by mental health planning council.

(b)

Maintenance of effort regarding State expenditures for mental health.

300x–5.
Restrictions on use of payments.

        

(a)

In general.

(b)

Limitation on administrative expenses.

300x–6.
Application for grant.

        

(a)

In general.

(b)

Waivers regarding certain territories.

300x–7.
Determination of amount of allotment.

        

(a)

States.

(b)

Minimum allotments for States.

(c)

Territories.

300x–8.
Definitions.
300x–9.
Funding.

        

(a)

Authorization of appropriations.

(b)

Allocations for technical assistance, data collection, and program evaluation.

subpart ii-block grants for prevention and treatment of substance abuse

300x–21.
Formula grants to States.

        

(a)

In general.

(b)

Authorized activities.

300x–22.
Certain allocations.

        

(a)

Allocations regarding alcohol and other drugs.

(b)

Allocation regarding primary prevention programs.

(c)

Allocations regarding women.

300x–23.
Intravenous substance abuse.

        

(a)

Capacity of treatment programs.

(b)

Outreach regarding intravenous substance abuse.

300x–24.
Requirements regarding tuberculosis and human immunodeficiency virus.

        

(a)

Tuberculosis.

(b)

Human immunodeficiency virus.

(c)

Expenditure of grant for compliance with agreements.

(d)

Maintenance of effort.

(e)

Applicability of certain provision.

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

        

(a)

State revolving funds for establishment of homes.

(b)

Issuance by Secretary of guidelines.

(c)

Applicability to territories.

300x–26.
State law regarding sale of tobacco products to individuals under age of 18.

        

(a)

Relevant law.

(b)

Enforcement.

(c)

Noncompliance of State.

(d)

"First applicable fiscal year" defined.

300x–27.
Treatment services for pregnant women.

        

(a)

In general.

(b)

Referrals regarding States.

300x–28.
Additional agreements.

        

(a)

Improvement of process for appropriate referrals for treatment.

(b)

Continuing education.

(c)

Coordination of various activities and services.

(d)

Waiver of requirement.

300x–29.
Submission to Secretary of statewide assessment of needs.
300x–30.
Maintenance of effort regarding State expenditures.

        

(a)

In general.

(b)

Waiver.

(c)

Noncompliance by State.

300x–31.
Restrictions on expenditure of grant.

        

(a)

In general.

(b)

Exception regarding inpatient hospital services.

(c)

Waiver regarding construction of facilities.

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

        

(a)

In general.

(b)

State plan.

(c)

Waivers regarding certain territories.

(d)

Issuance of regulations; precondition to making grants.

300x–33.
Determination of amount of allotment.

        

(a)

States.

(b)

Minimum allotments for States.

(c)

Territories.

(d)

Indian tribes and tribal organizations.

300x–34.
Definitions.
300x–35.
Funding.

        

(a)

Authorization of appropriations.

(b)

Allocations for technical assistance, national data base, data collection, and program evaluations.

subpart iii-general provisions

300x–51.
Opportunity for public comment on State plans.
300x–52.
Requirement of reports and audits by States.

        

(a)

Report.

(b)

Audits.

(c)

Availability to public.

300x–53.
Additional requirements.

        

(a)

In general.

(b)

Patient records.

300x–54.
Disposition of certain funds appropriated for allotments.

        

(a)

In general.

(b)

Specification of amounts.

300x–55.
Failure to comply with agreements.

        

(a)

Suspension or termination of payments.

(b)

Repayment of payments.

(c)

Withholding of payments.

(d)

Applicability of remedies to certain violations.

(e)

Opportunity for hearing.

(f)

Requirement of hearing in certain circumstances.

(g)

Certain investigations.

300x–56.
Prohibitions regarding receipt of funds.

        

(a)

Establishment.

(b)

Criminal penalty for violation of prohibition.

300x–57.
Nondiscrimination.

        

(a)

In general.

(b)

Enforcement.

300x–58.
Technical assistance and provision of supplies and services in lieu of grant funds.

        

(a)

Technical assistance.

(b)

Provision of supplies and services in lieu of grant funds.

300x–59.
Report by Secretary.
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.

        

(a)

In general.

(b)

Exception regarding noncompliance of subgrantees.

300x–63.
Continuation of certain programs.

        

(a)

In general.

(b)

Expenditure of amounts.

(c)

Definitions.

300x–64.
Definitions.

        

(a)

Definitions for this subpart.

(b)

Definitions for this part.

Part C-Certain Programs Regarding Substance Abuse

subpart i-expansion of capacity for providing treatment

300y.
Categorical grants to States.

        

(a)

Grants for States with insufficient capacity.

(b)

Priority in making grants.

(c)

Requirement of matching funds.

(d)

Limitation regarding direct treatment services.

(e)

Requirement of application.

(f)

Duration of grant.

(g)

Maintenance of effort.

(h)

Restrictions on use of grant.

(i)

Definitions.

(j)

Authorization of appropriations.

subpart ii-interim maintenance treatment of narcotics dependence

300y–11.
Interim maintenance treatment.

        

(a)

Requirement regarding Secretary.

(b)

Inapplicability of requirement in certain circumstances.

(c)

Conditions for obtaining authorization from Secretary.

(d)

Definitions.

SUBCHAPTER XVIII-ADOLESCENT FAMILY LIFE DEMONSTRATION PROJECTS

300z.
Findings and purposes.
300z–1.
Definitions; regulations applicable.
300z–2.
Demonstration projects; grant authorization, etc.
300z–3.
Uses of grants for demonstration projects for services.

        

(a)

Covered projects.

(b)

Family planning services; availability in community.

(c)

Fees for services: criteria.

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

        

(a)

Priorities.

(b)

Factors to be considered in making grants; special needs of rural areas.

(c)

Duration; Federal share.

300z–5.
Requirements for applications.

        

(a)

Form, content, and assurances.

(b)

Evaluations: amount, conduct, and technical assistance.

(c)

Reports.

(d)

Notification of parents; "adult" defined.

(e)

Submission of applications to Governor; comments by Governor.

(f)

Availability of core services.

300z–6.
Coordination of programs.
300z–7.
Research.

        

(a)

Grants and contracts; duration; renewal; amount.

(b)

Scope of permissible activities.

(c)

Applications.

(d)

Coordination with National Institutes of Health.

(e)

Review of applications for grants and contracts; establishment of review panel.

(f)

Reports.

300z–8.
Evaluation and administration.
300z–9.
Authorization of appropriations.
300z–10.
Restrictions.

        

SUBCHAPTER XIX-VACCINES

Part 1-National Vaccine Program

300aa–1.
Establishment.
300aa–2.
Program responsibilities.
300aa–3.
Plan.
300aa–4.
Repealed.
300aa–5.
National Vaccine Advisory Committee.
300aa–6.
Authorization of appropriations.

        

Part 2-National Vaccine Injury Compensation Program

subpart a-program requirements

300aa–10.
Establishment of program.

        

(a)

Program established.

(b)

Attorney's obligation.

(c)

Publicity.

300aa–11.
Petitions for compensation.

        

(a)

General rule.

(b)

Petitioners.

(c)

Petition content.

(d)

Additional information.

(e)

Schedule.

300aa–12.
Court jurisdiction.

        

(a)

General rule.

(b)

Parties.

(c)

United States Court of Federal Claims special masters.

(d)

Special masters.

(e)

Action by United States Court of Federal Claims.

(f)

Appeals.

(g)

Notice.

300aa–13.
Determination of eligibility and compensation.

        

(a)

General rule.

(b)

Matters to be considered.

(c)

"Record" defined.

300aa–14.
Vaccine Injury Table.

        

(a)

Initial table.

(b)

Qualifications and aids to interpretation.

(c)

Administrative revision of table.

(d)

Role of Commission.

(e)

Additional vaccines.

300aa–15.
Compensation.

        

(a)

General rule.

(b)

Vaccines administered before effective date.

(c)

Residential and custodial care and service.

(d)

Types of compensation prohibited.

(e)

Attorneys' fees.

(f)

Payment of compensation.

(g)

Program not primarily liable.

(h)

Liability of health insurance carriers, prepaid health plans, and benefit providers.

(i)

Source of compensation.

(j)

Authorization.

300aa–16.
Limitations of actions.

        

(a)

General rule.

(b)

Effect of revised table.

(c)

State limitations of actions.

300aa–17.
Subrogation.

        

(a)

General rule.

(b)

Disposition of amounts recovered.

300aa–18.
Repealed.
300aa–19.
Advisory Commission on Childhood Vaccines.

        

(a)

Establishment.

(b)

Term of office.

(c)

Meetings.

(d)

Compensation.

(e)

Staff.

(f)

Functions.

subpart b-additional remedies

300aa–21.
Authority to bring actions.

        

(a)

Election.

(b)

Continuance or withdrawal of petition.

(c)

Limitations of actions.

300aa–22.
Standards of responsibility.

        

(a)

General rule.

(b)

Unavoidable adverse side effects; warnings.

(c)

Direct warnings.

(d)

Construction.

(e)

Preemption.

300aa–23.
Trial.

        

(a)

General rule.

(b)

Liability.

(c)

General damages.

(d)

Punitive damages.

(e)

Evidence.

subpart c-assuring a safer childhood vaccination program in united states

300aa–25.
Recording and reporting of information.

        

(a)

General rule.

(b)

Reporting.

(c)

Release of information.

300aa–26.
Vaccine information.

        

(a)

General rule.

(b)

Development and revision of materials.

(c)

Information requirements.

(d)

Health care provider duties.

300aa–27.
Mandate for safer childhood vaccines.

        

(a)

General rule.

(b)

Task force.

(c)

Report.

300aa–28.
Manufacturer recordkeeping and reporting.

        

(a)

General rule.

(b)

Sanction.

subpart d-general provisions

300aa–31.
Citizen's actions.

        

(a)

General rule.

(b)

Notice.

(c)

Costs of litigation.

300aa–32.
Judicial review.
300aa–33.
Definitions.
300aa–34.
Termination of program.

        

(a)

Reviews.

(b)

Report.

SUBCHAPTER XX-REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR CERTAIN STATE AND LOCAL EMPLOYEES

300bb–1.
State and local governmental group health plans must provide continuation coverage to certain individuals.

        

(a)

In general.

(b)

Exception for certain plans.

300bb–2.
Continuation coverage.
300bb–3.
Qualifying event.
300bb–4.
Applicable premium.
300bb–5.
Election.
300bb–6.
Notice requirements.
300bb–7.
Enforcement.
300bb–8.
Definitions.

        

SUBCHAPTER XXI-RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A-Administration of Research Programs

300cc.
Requirement of annual comprehensive report on all expenditures by Secretary with respect to acquired immune deficiency syndrome.

        

(a)

In general.

(b)

Inclusion of certain information.

300cc–1.
Requirement of expediting awards of grants and contracts for research.

        

(a)

In general.

(b)

Time limitations with respect to certain applications.

(c)

Requirements with respect to adjustments in time limitations.

(d)

Annual reports to Congress.

(e)

Quarterly reports for fiscal year 1989.

300cc–2.
Requirements with respect to processing of requests for personnel and administrative support.

        

(a)

In general.

(b)

Notice to Secretary and to Assistant Secretary for Health.

(c)

"Priority request" defined.

300cc–3.
Establishment of Research Advisory Committee.

        

(a)

In general.

(b)

Composition.

(c)

Duties.

Part B-Research Authority

300cc–11.
Clinical evaluation units at National Institutes of Health.

        

(a)

In general.

(b)

Personnel and administrative support.

(c)

Authorization of appropriations.

300cc–12.
Use of investigational new drugs with respect to acquired immune deficiency syndrome.

        

(a)

Encouragement of applications with respect to clinical trials.

(b)

Encouragement of applications with respect to treatment use in circumstances other than clinical trials.

(c)

Technical assistance with respect to treatment use.

(d)

"New drug" defined.

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

        

(a)

In general.

(b)

Requirement of certain projects.

(c)

Participation of private industry, schools of medicine and primary providers.

(d)

Requirement of application.

(e)

Authorization of appropriations.

300cc–14.
Evaluation of certain treatments.

        

(a)

Establishment of program.

(b)

Authority with respect to grants and contracts.

(c)

Scientific and ethical guidelines.

(d)

Authorization of appropriations.

300cc–15.
Support of international efforts.

        

(a)

Grants and contracts for research.

(b)

Grants and contracts for additional purposes.

(c)

Special Programme of World Health Organization.

(d)

Preferences.

(e)

Requirement of application.

(f)

Authorization of appropriations.

300cc–16.
Research centers.

        

(a)

In general.

(b)

Use of financial assistance.

(c)

Duration of support.

(d)

Authorization of appropriations.

300cc–17.
Information services.

        

(a)

Establishment of program.

(b)

Toll-free telephone communications for health care entities.

(c)

Data bank on research information.

(d)

Data bank on clinical trials and treatments.

(e)

Requirements with respect to data bank on clinical trials and treatments.

300cc–18.
Development of model protocols for clinical care of infected individuals.

        

(a)

In general.

(b)

Requirement of provision of certain services.

(c)

Limitation on imposition of charges for services.

(d)

Evaluation and reports.

(e)

Authorization of appropriations.

300cc–19.
National blood resource education program.
300cc–20.
Additional authority with respect to research.

        

(a)

Data collection with respect to national prevalence.

(b)

Epidemiological and demographic data.

(c)

Long-term research.

(d)

Social sciences research.

(e)

Authorization of appropriations.

Part C-Research Training

300cc–31.
Fellowships and training.

        

(a)

In general.

(b)

Programs conducted by National Institute of Mental Health.

(c)

Relationship to limitation on number of employees.

(d)

Authorization of appropriations.

Part D-Office of AIDS Research

subpart i-interagency coordination of activities

300cc–40.
Establishment of Office.

        

(a)

In general.

(b)

Duties.

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

        

(a)

Advisory Council.

(b)

Individual coordinating committees regarding research disciplines.

300cc–40b.
Comprehensive plan for expenditure of appropriations.

        

(a)

In general.

(b)

Certain components of plan.

(c)

Budget estimates.

(d)

Funding.

300cc–41.
Additional authorities.

        

(a)

In general.

(b)

Report to Secretary.

(c)

Projects for cooperation among public and private health entities.

subpart ii-emergency discretionary fund

300cc–43.
Emergency Discretionary Fund.

        

(a)

In general.

(b)

Peer review.

(c)

Limitations on use of Fund.

(d)

Applicability of limitation regarding number of employees.

(e)

Report to Congress.

(f)

Definitions.

(g)

Funding.

subpart iii-general provisions

300cc–45.
General provisions regarding Office.

        

(a)

Administrative support for Office.

(b)

Evaluation and report.

(c)

Definitions.

Part E-General Provisions

300cc–51.
Definitions.

        

SUBCHAPTER XXII-HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A-Formula Grants to States for Home and Community-Based Health Services

300dd to 300dd–14. Repealed.

        

Part B-Subacute Care

300dd–21.
Demonstration projects.

        

(a)

Definitions.

(b)

Authorization to conduct three projects.

(c)

Services.

(d)

Time and place.

(e)

Evaluation and report.

(f)

Other research.

(g)

Authorization of appropriations.

(h)

Services to veterans.

Part C-Other Health Services

300dd–31.
Grants for anonymous testing.
300dd–32.
Requirement of provision of certain counseling services.

        

(a)

Counseling before testing.

(b)

Counseling of individuals with negative test results.

(c)

Counseling of individuals with positive test results.

(d)

Rule of construction with respect to counseling without testing.

(e)

Use of funds.

300dd–33.
Funding.
300dd–41.
Transferred.

        

SUBCHAPTER XXIII-PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

300ee.
Use of funds.

        

(a)

In general.

(b)

Contents of programs.

(c)

Limitation.

(d)

Construction.

300ee–1.
Establishment of office with respect to minority health and acquired immune deficiency syndrome.
300ee–2.
Information for health and public safety workers.

        

(a)

Development and dissemination of guidelines.

(b)

Use in occupational standards.

(c)

Development and dissemination of model curriculum for emergency response employees.

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

        

(a)

In general.

(b)

Limitation.

(c)

Requirement of matching funds.

(d)

Requirement of application.

(e)

Authorization of appropriations.

300ee–4.
Technical assistance.
300ee–5.
Use of funds to supply hypodermic needles or syringes for illegal drug use; prohibition.
300ee–6.
Transferred.

        

Part A-Formula Grants to States

300ee–11.
Establishment of program.

        

(a)

Allotments for States.

(b)

Purpose of grants.

300ee–12.
Provisions with respect to carrying out purpose of grants.
300ee–13.
Requirement of submission of application containing certain agreements and assurances.

        

(a)

In general.

(b)

Opportunity for public comment.

300ee–14.
Restrictions on use of grant.

        

(a)

In general.

(b)

Limitation on administrative expenses.

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

        

(a)

Reports.

(b)

Audits.

(c)

Availability to public.

(d)

Evaluations by Comptroller General.

300ee–16.
Additional required agreements.

        

(a)

In general.

(b)

"Significant percentage" defined.

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

        

(a)

Minimum allotment.

(b)

Determination of minimum allotment.

(c)

Determination under formula.

(d)

Disposition of certain funds appropriated for allotments.

300ee–18.
Failure to comply with agreements.

        

(a)

Repayment of payments.

(b)

Withholding of payments.

(c)

Opportunity for hearing.

(d)

Prompt response to serious allegations.

(e)

Investigations.

300ee–19.
Prohibition against certain false statements.

        

(a)

In general.

(b)

Criminal penalty for violation of prohibition.

300ee–20.
Technical assistance and provision by Secretary of supplies and services in lieu of grant funds.

        

(a)

Technical assistance.

(b)

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

300ee–21.
Evaluations.
300ee–22.
Report by Secretary.
300ee–23.
Definition.
300ee–24.
Funding.

        

(a)

Authorization of appropriations.

(b)

Availability to States.

Part B-National Information Programs

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

        

(a)

Comprehensive information plan.

(b)

Clearinghouse.

(c)

Toll-free telephone communications.

300ee–32.
Public information campaigns.

        

(a)

In general.

(b)

Requirement of application.

300ee–33.
Provision of information to underserved populations.

        

(a)

In general.

(b)

Preferences in making grants.

300ee–34.
Authorization of appropriations.

        

(a)

In general.

(b)

Allocations.

SUBCHAPTER XXIV-HIV HEALTH CARE SERVICES PROGRAM

300ff.
Purpose.
300ff–1.
Prohibition on use of funds.

        

Part A-Emergency Relief for Areas With Substantial Need for Services

300ff–11.
Establishment of program of grants.

        

(a)

Eligible areas.

(b)

Requirement regarding confirmation of cases.

(c)

Requirements regarding population.

(d)

Continued status as eligible area.

300ff–12.
Administration and planning council.

        

(a)

Administration.

(b)

HIV health services planning council.

(c)

Grievance procedures.

300ff–13.
Type and distribution of grants.

        

(a)

Grants based on relative need of area.

(b)

Supplemental grants.

(c)

Compliance with priorities of HIV planning council.

300ff–14.
Use of amounts.

        

(a)

Requirements.

(b)

Primary purposes.

(c)

Limited expenditures for personnel needs.

(d)

Requirement of status as medicaid provider.

(e)

Administration.

(f)

Construction.

300ff–15.
Application.

        

(a)

In general.

(b)

Application.

(c)

Single application and grant award.

(d)

Date certain for submission.

(e)

Requirements regarding imposition of charges for services.

300ff–16.
Technical assistance.
300ff–17.
Definitions.
300ff–18.
Repealed.

        

Part B-Care Grant Program

subpart i-general grant provisions

300ff–21.
Grants.

        

(a)

In general.

(b)

Priority for women, infants, and children.

300ff–22.
General use of grants.
300ff–23.
Grants to establish HIV care consortia.

        

(a)

Consortia.

(b)

Assurances.

(c)

Application.

(d)

"Family centered care" defined.

(e)

Priority.

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

        

(a)

Uses.

(b)

Priority.

(c)

"Home- and community-based health services" defined.

300ff–25.
Continuum of health insurance coverage.

        

(a)

In general.

(b)

Limitations.

300ff–26.
Provision of treatments.

        

(a)

In general.

(b)

Eligible individual.

(c)

State duties.

(d)

Duties of Secretary.

300ff–27.
State application.

        

(a)

In general.

(b)

Description of intended uses and agreements.

(c)

Requirements regarding imposition of charges for services.

(d)

Requirement of matching funds regarding State allotments.

300ff–27a.
Spousal notification.

        

(a)

In general.

(b)

Definitions.

300ff–28.
Distribution of funds.

        

(a)

Repealed.

(b)

Amount of grant to State.

(c)

Allocation of assistance by States.

(d)

Expedited distribution.

(e)

Reallocation.

300ff–29.
Technical assistance.
300ff–30.
Repealed.
300ff–31.
Coordination.

        

subpart ii-provisions concerning pregnancy and perinatal transmission of hiv

300ff–33.
CDC guidelines for pregnant women.

        

(a)

Requirement.

(b)

Noncompliance.

(c)

Additional funds regarding women and infants.

300ff–34.
Perinatal transmission of HIV disease; contingent requirement regarding State grants under this part.

        

(a)

Annual determination of reported cases.

(b)

Causes of perinatal transmission.

(c)

CDC reporting system.

(d)

Determination by Secretary.

(e)

Contingent applicability.

(f)

Limitation regarding availability of funds.

300ff–35.
Testing of pregnant women and newborn infants.
300ff–36.
Report by Institute of Medicine.

        

(a)

In general.

(b)

Report to Congress.

300ff–37.
State HIV testing programs established prior to or after May 20, 1996.

        

Part C-Early Intervention Services

subpart i-formula grants for states

300ff–41.
Establishment of program.

        

(a)

Allotments for States.

(b)

Purposes of grants.

300ff–42.
Provision of services through medicaid providers.

        

(a)

In general.

(b)

Waiver regarding certain secondary agreements.

300ff–43.
Requirement of matching funds.

        

(a)

In general.

(b)

Determination of amount of non-Federal contribution.

(c)

Applicability of matching requirement.

(d)

Diminished State contribution.

300ff–44.
Offering and encouraging early intervention services.

        

(a)

In general.

(b)

Sufficiency of amount of grant.

(c)

Criteria for offering and encouraging.

300ff–45.
Notification of certain individuals receiving blood transfusions.

        

(a)

In general.

(b)

Rule of construction.

300ff–46.
Reporting and partner notification.

        

(a)

Reporting.

(b)

Partner notification.

(c)

Rules of construction.

300ff–47.
Requirement of State law protection against intentional transmission.

        

(a)

In general.

(b)

Consent to risk of transmission.

(c)

State certification with respect to required laws.

(d)

Time limitations with respect to required laws.

300ff–48.
Testing and other early intervention services for State prisoners.

        

(a)

In general.

(b)

Requirement of matching funds.

(c)

Testing.

(d)

Determination of prisons subject to requirement.

(e)

Applicability of provisions regarding informed consent, counseling, and other matters.

(f)

Requirement of application.

(g)

Rule of construction.

(g)

Authorization of appropriations.

300ff–49.
Determination of amount of allotments.

        

(a)

Minimum allotment.

(b)

Determination under formula.

(c)

Certain allocations by Secretary.

(d)

Disposition of certain funds appropriated for allotments.

(e)

Transition rules.

300ff–49a.
Miscellaneous provisions.
300ff–50.
Authorization of appropriations.

        

subpart ii-categorical grants.

300ff–51.
Establishment of program.

        

(a)

In general.

(b)

Purposes of grants.

(c)

Participation in certain consortium.

300ff–52.
Minimum qualifications of grantees.

        

(a)

In general.

(b)

Status as medicaid provider.

300ff–53.
Preferences in making grants.

        

(a)

In general.

(b)

Specification of factors.

(c)

Equitable allocations.

300ff–54.
Miscellaneous provisions.

        

(a)

Services for individuals with hemophilia.

(b)

Technical assistance.

(c)

Planning and development grants.

300ff–55.
Authorization of appropriations.

        

subpart iii-general provisions

300ff–61.
Confidentiality and informed consent.

        

(a)

Confidentiality.

(b)

Informed consent.

300ff–62.
Provision of certain counseling services.

        

(a)

Counseling before testing.

(b)

Counseling of individuals with negative test results.

(c)

Counseling of individuals with positive test results.

(d)

Additional requirements regarding appropriate counseling.

(e)

Counseling of emergency response employees.

(f)

Rule of construction regarding counseling without testing.

300ff–63.
Applicability of requirements regarding confidentiality, informed consent, and counseling.
300ff–64.
Additional required agreements.

        

(a)

Reports to Secretary.

(b)

Provision of opportunities for anonymous counseling and testing.

(c)

Prohibition against requiring testing as condition of receiving other health services.

(d)

Maintenance of support.

(e)

Requirements regarding imposition of charges for services.

(f)

Relationship to items and services under other programs.

(g)

Administration of grant.

(h)

Construction.

300ff–65.
Requirement of submission of application containing certain agreements and assurances.
300ff–66.
Provision by Secretary of supplies and services in lieu of grant funds.

        

(a)

In general.

(b)

Limitation.

300ff–67.
Use of funds.

        

Part D-General Provisions

300ff–71.
Grants for coordinated services and access to research for women, infants, children, and youth.

        

(a)

In general.

(b)

Provisions regarding participation in research.

(c)

Provisions regarding conduct of research.

(d)

Additional services for patients and families.

(e)

Coordination with other entities.

(f)

Application.

(g)

Coordination with National Institutes of Health.

(h)

Annual review of programs; evaluations.

(i)

Training and technical assistance.

(j)

Authorization of appropriations.

300ff–72.
Provisions relating to blood banks.

        

(a)

Informational and training programs.

(b)

Updates.

(c)

Authorization of appropriations.

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

        

(a)

Establishment.

(b)

Report.

(c)

Authorization of appropriations.

300ff–74.
Evaluations and reports.

        

(a)

Evaluations.

(b)

Report to Congress.

(c)

Authorization of appropriations.

(d)

Allocation of funds.

300ff–75.
Coordination.

        

(a)

Requirement.

(b)

Integration by State.

(c)

Integration by local or private entities.

300ff–76.
Definitions.
300ff–77.
Authorization of appropriations.

        

(a)

In general.

(b)

Development of methodology.

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

        

Part E-Emergency Response Employees

subpart i-guidelines and model curriculum

300ff–80.
Grants for implementation.

        

(a)

In general.

(b)

Requirement of application.

(c)

Authorization of appropriations.

subpart ii-notifications of possible exposure to infectious diseases

300ff–81.
Infectious diseases and circumstances relevant to notification requirements.

        

(a)

In general.

(b)

Specification of airborne infectious diseases.

(c)

Dissemination.

300ff–82.
Routine notifications with respect to airborne infectious diseases in victims assisted.

        

(a)

Routine notification of designated officer.

(b)

Requirement of prompt notification.

300ff–83.
Request for notifications with respect to victims assisted.

        

(a)

Initiation of process by employee.

(b)

Initial determination by designated officer.

(c)

Submission of request to medical facility.

(d)

Evaluation and response regarding request to medical facility.

(e)

Time for making response.

(f)

Death of victim of emergency.

(g)

Assistance of public health officer.

300ff–84.
Procedures for notification of exposure.

        

(a)

Contents of notification to officer.

(b)

Manner of notification.

300ff–85.
Notification of employee.

        

(a)

In general.

(b)

Certain contents of notification to employee.

(c)

Responses other than notification of exposure.

300ff–86.
Selection of designated officers.

        

(a)

In general.

(b)

Preference in making designations.

300ff–87.
Limitations with respect to duties of medical facilities.
300ff–88.
Rules of construction.

        

(a)

Liability of medical facilities and designated officers.

(b)

Testing.

(c)

Confidentiality.

(d)

Failure to provide emergency services.

300ff–89.
Injunctions regarding violation of prohibition.

        

(a)

In general.

(b)

Facilitation of information on violations.

300ff–90.
Applicability of subpart.

        

Part F-Demonstration and Training

subpart i-special projects of national significance

300ff–101.
Special projects of national significance.

        

(a)

In general.

(b)

Grants.

(c)

Special projects.

(d)

Special populations.

(e)

Service development grants.

(f)

Coordination.

(g)

Replication.

subpart ii-aids education and training centers

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

        

(a)

Schools; centers.

(b)

Dental schools.

(c)

Authorization of appropriations.

SUBCHAPTER XXV-REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE

Part A-Group Market Reforms

subpart 1-portability, access, and renewability requirements

300gg.
Increased portability through limitation on preexisting condition exclusions.

        

(a)

Limitation on preexisting condition exclusion period; crediting for periods of previous coverage.

(b)

Definitions.

(c)

Rules relating to crediting previous coverage.

(d)

Exceptions.

(e)

Certifications and disclosure of coverage.

(f)

Special enrollment periods.

(g)

Use of affiliation period by HMOs as alternative to preexisting condition exclusion.

300gg–1.
Prohibiting discrimination against individual participants and beneficiaries based on health status.

        

(a)

In eligibility to enroll.

(b)

In premium contributions.

subpart 2-other requirements

300gg–4.
Standards relating to benefits for mothers and newborns.

        

(a)

Requirements for minimum hospital stay following birth.

(b)

Prohibitions.

(c)

Rules of construction.

(d)

Notice.

(e)

Level and type of reimbursements.

(f)

Preemption; exception for health insurance coverage in certain States.

300gg–5.
Parity in application of certain limits to mental health benefits.

        

(a)

In general.

(b)

Construction.

(c)

Exemptions.

(d)

Separate application to each option offered.

(e)

Definitions.

(f)

Sunset.

300gg–6.
Required coverage for reconstructive surgery following mastectomies.

        

subpart 3-provisions applicable only to health insurance issuers

300gg–11.
Guaranteed availability of coverage for employers in group market.

        

(a)

Issuance of coverage in small group market.

(b)

Assuring access in large group market.

(c)

Special rules for network plans.

(d)

Application of financial capacity limits.

(e)

Exception to requirement for failure to meet certain minimum participation or contribution rules.

(f)

Exception for coverage offered only to bona fide association members.

300gg–12.
Guaranteed renewability of coverage for employers in group market.

        

(a)

In general.

(b)

General exceptions.

(c)

Requirements for uniform termination of coverage.

(d)

Exception for uniform modification of coverage.

(e)

Application to coverage offered only through associations.

300gg–13.
Disclosure of information.

        

(a)

Disclosure of information by health plan issuers.

(b)

Information described.

subpart 4-exclusion of plans; enforcement; preemption

300gg–21.
Exclusion of certain plans.

        

(a)

Exception of certain small group health plans.

(b)

Limitation on application of provisions relating to group health plans.

(c)

Exception for certain benefits.

(d)

Exception for certain benefits if certain conditions met.

(e)

Treatment of partnerships.

300gg–22.
Enforcement.

        

(a)

State enforcement.

(b)

Secretarial enforcement authority.

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

        

(a)

Continued applicability of State law with respect to health insurance issuers.

(b)

Special rules in case of portability requirements.

(c)

Rules of construction.

(d)

Definitions.

Part B-Individual Market Rules

subpart 1-portability, access, and renewability requirements

300gg–41.
Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage.

        

(a)

Guaranteed availability.

(b)

"Eligible individual" defined.

(c)

Alternative coverage permitted where no State mechanism.

(d)

Special rules for network plans.

(e)

Application of financial capacity limits.

(e)

Market requirements.

(f)

Construction.

300gg–42.
Guaranteed renewability of individual health insurance coverage.

        

(a)

In general.

(b)

General exceptions.

(c)

Requirements for uniform termination of coverage.

(d)

Exception for uniform modification of coverage.

(e)

Application to coverage offered only through associations.

300gg–43.
Certification of coverage.
300gg–44.
State flexibility in individual market reforms.

        

(a)

Waiver of requirements where implementation of acceptable alternative mechanism.

(b)

Application of acceptable alternative mechanisms.

(c)

Provision related to risk.

subpart 2-other requirements

300gg–51.
Standards relating to benefits for mothers and newborns.

        

(a)

In general.

(b)

Notice requirement.

(c)

Preemption; exception for health insurance coverage in certain States.

300gg–52.
Required coverage for reconstructive surgery following mastectomies.

        

subpart 3-general provisions

300gg–61.
Enforcement.

        

(a)

State enforcement.

(b)

Secretarial enforcement authority.

300gg–62.
Preemption.

        

(a)

In general.

(b)

Rules of construction.

300gg–63.
General exceptions.

        

(a)

Exception for certain benefits.

(b)

Exception for certain benefits if certain conditions met.

Part C-Definitions; Miscellaneous Provisions

300gg–91.
Definitions.

        

(a)

Group health plan.

(b)

Definitions relating to health insurance.

(c)

Excepted benefits.

(d)

Other definitions.

(e)

Definitions relating to markets and small employers.

300gg–92.
Regulations.
300aaa to 300aaa–13. Transferred.

        

Chapter Referred to in Other Sections

This chapter is referred to in sections 217a–1, 247b–4a, 300a–7, 300a–29, 701, 1320a–1, 1320a–7b, 1396r–4, 1437d, 3013, 14402 of this title; title 7 section 136a–1; title 8 section 1255a; title 18 section 42; title 20 section 1092a; title 21 section 397; title 35 sections 156, 287; title 38 section 8126.