Title 42 -- The Public Health and Welfare


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    42 USC CHAPTER 6A - PUBLIC HEALTH SERVICE                    01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
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    CHAPTER 6A - PUBLIC HEALTH SERVICE
 
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         SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Sec.
    201.            Definitions.
                          PART A - ADMINISTRATION
    202.            Administration and supervision of Service.
    203.            Organization of Service.
    204.            Commissioned corps; composition; appointment of
                      Regular and Reserve officers; appointment and
                      status of warrant officers.
    205.            Appointment and tenure of office of Surgeon
                      General; reversion in rank.
    206.            Assignment of officers.
                        (a) Deputy Surgeon General.
                        (b) Assistant Surgeons General.
                        (c) Creation of temporary positions as
                              Assistant Surgeons General.
                        (d) Designation of Assistant Surgeon General
                              with respect to absence, disability, or
                              vacancy in offices of Surgeon General and
                              Deputy Surgeon General.
    207.            Grades, ranks, and titles of commissioned corps.
                        (a) Grades of commissioned officers.
                        (b) Titles of medical officers.
                        (c) Repealed.
                        (d) Maximum number in grade for each fiscal
                              year.
                        (e) Exception to grade limitations for officers
                              assigned to Department of Defense.
                        (f) Exception to maximum number limitations for
                              officers assigned to Department of
                              Defense.
    208.            Repealed.
    209.            Appointment of personnel.
                        (a) Original appointments to Regular and
                              Reserve Corps; limitation on appointment
                              and call to active duty.
                        (b) Grade and number of original appointments.
                        (c) Issuance of commissions.
                        (d) Date of appointment; credit for service.
                        (e) Reappointment; credit for service.
                        (f) Special consultants.
                        (g) Designation for fellowships; duties; pay.
                        (h) Aliens.
                        (i) Civil service appointments by Secretary.
    209a to 209c.   Omitted or Repealed.
    209d.           Appointment of osteopaths as commissioned officers.
    210.            Pay and allowances.
                        (a) Commissioned officers of Regular and
                              Reserve Corps; special pay for active
                              duty; incentive special pay for Public
                              Health Service nurses.
                        (b) Purchase of supplies.
                        (c) Members of national advisory or review
                              councils or committees.
                        (d) Field employees.
                        (e) Additional pay for service at Gillis W.
                              Long Hansen's Disease Center.
                        (f) Allowances included in fellowships.
                        (g) Positions in professional, scientific and
                              executive service; compensation;
                              appointment.
    210-1.          Annual and sick leave.
                        (a) Regulations.
                        (b), (c) Repealed.
                        (d) Definitions.
    210a.           Repealed.
    210b.           Professional categories.
                        (a) Division of corps; basis of categories.
                        (b) Assignment of officers.
                        (c) Maximum number of officers in each
                              category.
                        (d) Vacancies in grade for purposes of
                              promotion.
                        (e) Absence of vacancy in grade as affecting
                              promotion.
                        (f) Vacancy in grade as affecting maximum
                              number for each category.
    211.            Promotion of commissioned officers.
                        (a) Permanent or temporary promotions;
                              examination.
                        (b) Promotion to certain grades only to fill
                              vacancies; regulations; ''restricted
                              grade'' defined.
                        (c) Examinations.
                        (d) Permanent promotions to qualified officers
                              on length of service.
                        (e) Promotion of professional category officers
                              to fill certain vacancies.
                        (f) Reexamination upon failure of promotion;
                              effective date of promotion.
                        (g) Separation from service upon failure of
                              promotion.
                        (h) Separation from service upon refusal to
                              stand examination.
                        (i) Review of record; separation from service.
                        (j) Determination of order of seniority.
                        (k) Temporary promotions; fill vacancy in
                              higher grade; war or national emergency;
                              selection of officers; termination of
                              appointment.
                        (l) Determination of requirements of Service by
                              Secretary; assignment of Reserve Officers
                              to professional categories; temporary
                              promotions; termination of temporary
                              promotions.
                        (m) Acceptance of promotion; oath and
                              affidavit.
    211a, 211b.     Repealed.
    211c.           Promotion credit for medical officers in assistant
                      grade.
    212.            Retirement of commissioned officers.
                        (a) Age; voluntariness; length of service;
                              computation of retired pay.
                        (b) Basic pay of highest temporary grade.
                        (c) Recall to active duty.
                        (d) ''Active service'' defined.
                        (e) Crediting of part of year.
                        (f) Retirement or separation for physical
                              disability.
    212a, 212b.     Repealed.
    213.            Military benefits.
                        (a) Rights, privileges, immunities, and
                              benefits accorded to commissioned
                              officers or their survivors.
                        (b) Award of decorations.
                        (c) Authority of Surgeon General.
                        (d) Active service deemed active military
                              service with respect to laws administered
                              by Secretary of Veterans Affairs.
                        (e) Active service deemed active military
                              service with respect to Soldiers' and
                              Sailors' Civil Relief Act of 1940.
                        (f) Active service deemed active military
                              service with respect to
                              anti-discrimination laws.
    213a.           Rights, benefits, privileges, and immunities for
                      commissioned officers or beneficiaries; exercise
                      of authority by Secretary or designee.
    214, 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-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.
             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.
              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 Administrator for Health
                              Care Policy and Research.
                       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 HEALTH CARE POLICY AND RESEARCH
                 PART A - ESTABLISHMENT AND GENERAL DUTIES
    299.            Establishment.
                        (a) In general.
                        (b) Purpose.
                        (c) Appointment of Administrator.
    299a.           General authorities and duties.
                        (a) In general.
                        (b) Requirements with respect to rural areas
                              and underserved populations.
                        (c) Health services training grants.
                        (d) Multidisciplinary centers.
                        (e) Relation to certain authorities regarding
                              social security.
    299a-1.         Dissemination.
                        (a) In general.
                        (b) Prohibition against restrictions.
                        (c) Limitation on use of certain information.
                        (d) Certain interagency agreement.
                        (e) Required interagency agreement.
    299a-2.         Health care technology and technology assessment.
                        (a) In general.
                        (b) Specific assessments.
                        (c) Agenda and priorities.
                        (d) Conduct of assessments.
                        (e) Description of process.
                        (f) Program of innovative assessments.
    299a-3.         Demonstration program regarding centers for
                      education and research on therapeutics.
                        (a) In general.
                        (b) Required activities.
                        (c) Application for grant.
                        (d) Peer review.
                        (e) Authorization of appropriations.
        PART B - FORUM FOR QUALITY AND EFFECTIVENESS IN HEALTH CARE
    299b.           Establishment of office.
    299b-1.         Duties.
                        (a) Establishment of forum program.
                        (b) Certain requirements.
                        (c) Authority for contracts.
                        (d) Date certain for initial guidelines and
                              standards.
                        (e) Relationship with medicare program.
                        (f) Development of certain guidelines and
                              standards.
    299b-2.         Process for development of guidelines and
                      standards.
                        (a) Development through contracts and panels.
                        (b) Authority for additional panels.
                        (c) Selection of panel members.
    299b-3.         Additional requirements.
                        (a) Program agenda.
                        (b) Standards and criteria.
                        (c) Dissemination.
                        (d) Pilot testing.
                        (e) Evaluations.
                        (f) Recommendations to Administrator.
                        PART C - GENERAL PROVISIONS
    299c.           Advisory Council for Health Care Policy, Research,
                      and Evaluation.
                        (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) Categories of review.
                        (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.
                        (c) Authority regarding certain requests.
    299c-3.         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-4.         Certain administrative authorities.
                        (a) Deputy Administrator 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-5.         Funding.
                        (a) Authorization of appropriations.
                        (b) Evaluations.
                        (c) Information center.
                        (d) Health care technology assessment.
                        (e) Program of innovative assessments.
    299c-6.         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.
 
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS
      This chapter is referred to in sections 217a-1, 300a-7, 300a-29,
    701, 1320a-1, 1320a-7b, 1396r-4, 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.
 
-CITE-
    42 USC SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS
                  PROVISIONS                                     01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    .
 
-HEAD-
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
-SECREF-
                  SUBCHAPTER REFERRED TO IN OTHER SECTIONS
      This subchapter is referred to in title 5 section 5948.
 
-CITE-
    42 USC Sec. 201                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
-HEAD-
    Sec. 201. Definitions
 
-STATUTE-
      When used in this chapter -
      (a) The term ''Service'' means the Public Health Service;
      (b) The term ''Surgeon General'' means the Surgeon General of the
    Public Health Service;
      (c) Unless the context otherwise requires, the term ''Secretary''
    means the Secretary of Health and Human Services.
      (d) The term ''regulations'', except when otherwise specified,
    means rules and regulations made by the Surgeon General with the
    approval of the Secretary;
      (e) The term ''executive department'' means any executive
    department, agency, or independent establishment of the United
    States or any corporation wholly owned by the United States;
      (f) Except as provided in sections 246(g)(4)(B), (FOOTNOTE 1)
    247c(c)(1), (FOOTNOTE 1) 254d(h)(3), (FOOTNOTE 1) 263(5), 264(d),
    292a(9), (FOOTNOTE 1) 300a(c), 300f(13), and 300n(1) (FOOTNOTE 1)
    of this title, the term ''State'' includes, in addition to the
    several States, only the District of Columbia, Guam, the
    Commonwealth of Puerto Rico, the Northern Mariana Islands, the
    Virgin Islands, American Samoa, and the Trust Territory of the
    Pacific Islands.
       (FOOTNOTE 1) See References in Text note below.
      (g) The term ''possession'' includes, among other possessions,
    Puerto Rico and the Virgin Islands;
      (h) Repealed. Pub. L. 97-35, title IX, Sec. 986(a), Aug. 13,
    1981, 95 Stat. 603.
      (i) The term ''vessel'' includes every description of watercraft
    or other artificial contrivance used, or capable of being used, as
    a means of transportation on water, exclusive of aircraft and
    amphibious contrivances;
      (j) The term ''habit-forming narcotic drug'' or ''narcotic''
    means opium and coca leaves and the several alkaloids derived
    therefrom, the best known of these alkaloids being morphia, heroin,
    and codeine, obtained from opium, and cocaine derived from the coca
    plant; all compounds, salts, preparations, or other derivatives
    obtained either from the raw material or from the various
    alkaloids; Indian hemp and its various derivatives, compounds, and
    preparations, and peyote in its various forms; isonipecaine and its
    derivatives, compounds, salts, and preparations; opiates (as
    defined in section 4731(g) (FOOTNOTE 1) of title 26);
      (k) The term ''addict'' means any person who habitually uses any
    habit-forming narcotic drugs so as to endanger the public morals,
    health, safety, or welfare, or who is or has been so far addicted
    to the use of such habit-forming narcotic drugs as to have lost the
    power of self-control with reference to his addiction;
      (l) The term ''psychiatric disorders'' includes diseases of the
    nervous system which affect mental health;
      (m) The term ''State mental health authority'' means the State
    health authority, except that, in the case of any State in which
    there is a single State agency, other than the State health
    authority, charged with responsibility for administering the mental
    health program of the State, it means such other State agency;
      (n) The term ''heart diseases'' means diseases of the heart and
    circulation;
      (o) The term ''dental diseases and conditions'' means diseases
    and conditions affecting teeth and their supporting structures, and
    other related diseases of the mouth; and
      (p) The term ''uniformed service'' means the Army, Navy, Air
    Force, Marine Corps, Coast Guard, Public Health Service, or
    National Oceanic and Atmospheric Administration.
      (q) The term ''drug dependent person'' means a person who is
    using a controlled substance (as defined in section 802 of title
    21) and who is in a state of psychic or physical dependence, or
    both, arising from the use of that substance on a continuous
    basis.  Drug dependence is characterized by behavioral and other
    responses which include a strong compulsion to take the substance
    on a continuous basis in order to experience its psychic effects or
    to avoid the discomfort caused by its absence.
 
-SOURCE-
    (July 1, 1944, ch. 373, title I, Sec. 2, 58 Stat. 682; July 3,
    1946, ch. 538, Sec. 3, 60 Stat. 421; Feb. 28, 1948, ch. 83, Sec. 1,
    62 Stat. 38; June 16, 1948, ch. 481, Sec. 6(a), 62 Stat. 469; June
    24, 1948, ch. 621, Sec. 6(a), 62 Stat. 601; 1953 Reorg. Plan No. 1,
    Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.
    86-70, Sec. 31(a), June 25, 1959, 73 Stat. 148; Pub. L. 86-415,
    Sec. 5(a), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-624, Sec. 29(a),
    July 12, 1960, 74 Stat. 419; 1965 Reorg. Plan No. 2, eff.  July 13,
    1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 91-212, Sec. 11, Mar.
    13, 1970, 84 Stat. 67; 1970 Reorg. Plan No. 4, eff.  Oct. 3, 1970,
    35 F.R. 15627, 84 Stat. 2090; Pub. L. 91-513, title I, Sec. 2(b),
    Oct. 27, 1970, 84 Stat. 1240; Pub. L. 93-523, Sec. 2(b), Dec. 16,
    1974, 88 Stat. 1693; Pub. L. 94-317, title III, Sec. 301(a), June
    23, 1976, 90 Stat. 707; Pub. L. 94-484, title IX, Sec. 905(a), Oct.
    12, 1976, 90 Stat. 2325; Pub. L. 95-83, title I, Sec. 107, Aug. 1,
    1977, 91 Stat. 386; Pub. L. 96-79, title II, Sec. 203(e)(2), Oct.
    4, 1979, 93 Stat. 635; Pub. L. 97-35, title IX, Sec. 902(d)(5),
    986(a), Aug. 13, 1981, 95 Stat. 560, 603; Pub. L. 103-43, title XX,
    Sec. 2008(e), June 10, 1993, 107 Stat. 212.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 246(g) of this title, referred to in subsec. (f), was
    repealed by Pub. L. 96-398, title I, Sec. 107(d), Oct. 7, 1980, 94
    Stat. 1571.
      Section 247c(c)(1) of this title, referred to in subsec. (f), was
    repealed by Pub. L. 94-317, title II, Sec. 203(f)(1), June 23,
    1976, 90 Stat. 704.
      Section 254d(h)(3) of this title, referred to in subsec. (f), was
    redesignated section 254d(i)(4) of this title by Pub. L. 100-177,
    title II, Sec. 202(b)(5), title III, Sec. 301(1), Dec. 1, 1987, 101
    Stat. 996, 1003.
      Section 292a of this title, referred to in subsec. (f), contained
    definitions for purposes of subchapter V of this chapter prior to
    the general revision of subchapter V by Pub. L. 102-408, title I,
    Sec. 102, Oct. 13, 1992, 106 Stat. 1994. See sections 292o and 295p
    of this title.
      Section 300n of this title, referred to in subsec. (f), was
    repealed by Pub. L. 99-660, title VII, Sec. 701(a), Nov. 14, 1986,
    100 Stat. 3799.
      Section 4731(g) of title 26, referred to in subsec. (j), was
    repealed by Pub. L. 91-513, title III, Sec. 1101(b)(3)(A), Oct. 27,
    1970, 84 Stat. 1292. A definition of ''opiate'' is contained in
    section 102 of Pub. L. 91-513, which is classified to section 802
    of Title 21, Food and Drugs. Reference to section 4731(g) of title
    26 was substituted for ''section 3228(f) of title 26'' on authority
    of section 7852(b) of Title 26, Internal Revenue Code, which
    provides that a reference in other laws to the Internal Revenue
    Code of 1939 is deemed a reference to the corresponding provision
    of the Internal Revenue Code of 1986.
 
-MISC2-
                                 AMENDMENTS
      1993 - Subsec. (c). Pub. L. 103-43 substituted ''Health and Human
    Services'' for ''Health, Education, and Welfare''.
      1981 - Subsec. (f). Pub. L. 97-35, Sec. 902(d)(5), struck out
    reference to section 300d(2) of this title.
      Subsec. (h). Pub. L. 97-35, Sec. 986(a), struck out subsec. (h)
    which defined ''seamen''.
      1979 - Subsec. (f). Pub. L. 96-79 struck out from enumeration of
    excepted sections reference to section 300s-3(1) of this title.
      1977 - Subsec. (f). Pub. L. 95-83 expanded definition of
    ''State'' to include American Samoa and the Trust Territory of the
    Pacific Islands.
      1976 - Subsec. (f). Pub. L. 94-484 inserted in list of excepted
    sections reference to sections 247c(c)(1), 254d(h)(3), 263(5), and
    292a(9) of this title, struck out from enumeration reference to
    section 263c(5) of this title, and defined ''State'' to include the
    Northern Mariana Islands.
      Pub. L. 94-317 substituted provisions defining, with certain
    specific exceptions, ''State'' to include the several States, the
    District of Columbia, Guam, Puerto Rico and the Virgin Islands for
    provisions defining ''State'' to include a State or the District of
    Columbia, Puerto Rico, or the Virgin Islands, except in section
    264(d) of this title such term means a State or the District of
    Columbia, and in subchapter XII of this chapter such term includes
    Guam, American Samoa, and the Trust Territory of the Pacific
    Islands.
      1974 - Subsec. (f). Pub. L. 93-523 designated existing provisions
    as cl. (1) and added cl. (2).
      1970 - Subsec. (c). Pub. L. 91-212 amended subsec. (c)
    generally.  Prior to amendment, subsec. (c) read as follows: ''The
    term 'Administrator' means the Federal Security Administrator;''.
      Subsec. (q). Pub. L. 91-513 added subsec. (q).
      1960 - Subsec. (f). Pub. L. 86-624 struck out ''Hawaii,'' before
    ''Puerto Rico''.
      Subsec. (p). Pub. L. 86-415 added subsec. (p).
      1959 - Subsec. (f). Pub. L. 86-70 struck out ''Alaska,'' after
    ''Hawaii,'' and substituted ''or the District of Columbia'' for '',
    the District of Columbia, or Alaska''.
      1948 - Subsec. (j). Act Feb. 28, 1948, inserted ''isonipecaine
    and its derivatives, compounds, salts, and preparations; opiates
    (as defined in section 4731(g) of title 26)''.
      Subsec. (n). Act June 16, 1948, added subsec. (n).
      Subsec. (o). Act June 24, 1948, added subsec. (o).
      1946 - Subsecs. (l), (m). Act July 3, 1946, added subsecs. (l)
    and (m).
 
-CHANGE-
                               CHANGE OF NAME
      Coast and Geodetic Survey consolidated with Weather Bureau to
    form a new agency in Department of Commerce to be known as
    Environmental Science Services Administration, and commissioned
    officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of
    1965, eff.  July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in
    the Appendix to Title 5, Government Organization and Employees.
    Reorg. Plan No. 4 of 1970, eff.  Oct. 3, 1970, 35 F.R. 15627, 84
    Stat. 2090, abolished Environmental Science Services
    Administration, established National Oceanic and Atmospheric
    Administration, and redesignated Commissioned Officer Corps of ESSA
    as Commissioned Officer Corps of NOAA. For further details, see
    Transfer of Functions note set out under section 851 of Title 33,
    Navigation and Navigable Waters.
 
-MISC4-
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Section 2101 of Pub. L. 103-43 provided that: ''Subject to
    section 203(c) (enacting provisions set out as a note under section
    283c of this title), this Act (see Short Title of 1993 Amendment
    note below) and the amendments made by this Act take effect upon
    the date of the enactment of this Act (June 10, 1993).''
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by section 902(d)(5) of Pub. L. 97-35 effective Oct. 1,
    1981, see section 902(h) of Pub. L. 97-35, set out as a note under
    section 238l of this title.
      Amendment by section 986(a) of Pub. L. 97-35 effective Oct. 1,
    1981, see section 986(c) of Pub. L. 97-35, set out as a note under
    section 249 of this title.
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-79 effective Oct. 1, 1979, see section
    204 of Pub. L. 96-79, set out as a note under section 300q of this
    title.
                      EFFECTIVE DATE OF 1970 AMENDMENT
      Section 12(b) of Pub. L. 91-212 provided that: ''The amendments
    made by sections 10(d) and 11 (amending this section and sections
    276, 277, 278, 280, 280a-1, 280b-2 to 280b-9, and 280b-11 of this
    title) shall take effect on the date of enactment of this Act (Mar.
    13, 1970).''
                      EFFECTIVE DATE OF 1960 AMENDMENT
      Section 47(f) of Pub. L. 86-624 provided that: ''The amendments
    made by subsection (c), paragraphs (3) and (4) of subsection (b),
    and paragraph (4) of subsection (d) of section 14 (amending
    sections 15i, 15jj, 15ggg, 244, and 645 of Title 20, Education), by
    section 20(a) (amending section 41 of Title 29, Labor), by section
    23(b) (amending section 466j of Title 33, Navigation and Navigable
    Waters), by subsections (a), (b), and (c), and paragraph (4) of
    subsection (d), of section 29 (amending this section and sections
    255, 264, and 291i of this title), and by subsection (d), and
    paragraph (2) of subsection (c), of section 30 (amending sections
    410 and 1301 of this title) shall become effective on August 21,
    1959.''
                      EFFECTIVE DATE OF 1959 AMENDMENT
      Amendment by Pub. L. 86-70 effective Jan. 3, 1959, see section
    47(d) of Pub. L. 86-70.
                       SHORT TITLE OF 1998 AMENDMENTS
      Pub. L. 105-392, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3524,
    provided that: ''This Act (see Tables for classification) may be
    cited as the 'Health Professions Education Partnerships Act of
    1998'.''
      Pub. L. 105-392, title I, Sec. 121, Nov. 13, 1998, 112 Stat.
    3562, provided that: ''This subtitle (subtitle B (Sec. 121-124) of
    title I of Pub. L. 105-392, enacting sections 296, 296a to 296f,
    296j, 296m, 296p, 297q, and 297t of this title, transferring
    section 298b-2 of this title to section 296g of this title,
    repealing sections 296k to 296m, 296r, 297, 297-1, 297c, 298, 298a,
    298b, 298b-1, 298b-3 to 298b-5, and 298b-7 of this title, and
    enacting provisions set out as notes under section 296 of this
    title) may be cited as the 'Nursing Education and Practice
    Improvement Act of 1998'.''
      Pub. L. 105-392, title IV, Sec. 419(a), Nov. 13, 1998, 112 Stat.
    3591, provided that: ''This section (enacting sections 280f to
    280f-3 of this title and provisions set out as a note under section
    280f of this title) may be cited as the 'Fetal Alcohol Syndrome and
    Fetal Alcohol Effect Prevention and Services Act'.''
      Pub. L. 105-340, Sec. 1, Oct. 31, 1998, 112 Stat. 3191, provided
    that: ''This Act (enacting sections 285b-7a and 300u-9 of this
    title and amending sections 242k, 280e-4, 283a, 284e, 285a-8,
    285e-10, 287d, 300k, 300n-4a, 300n-5, and 300u-5 of this title) may
    be cited as the 'Women's Health Research and Prevention Amendments
    of 1998'.''
      Pub. L. 105-277, div.  A, Sec. 101(f) (title IX, Sec. 901), Oct.
    21, 1998, 112 Stat. 2681-337, 2681-436, provided that: ''This title
    (enacting sections 300gg-6 and 300gg-52 of this title and section
    1185b of Title 29, Labor, and provisions set out as notes under
    sections 300gg-6 and 300gg-52 of this title and section 1185b of
    Title 29) may be cited as the 'Women's Health and Cancer Rights Act
    of 1998'.''
      Pub. L. 105-248, Sec. 1, Oct. 9, 1998, 112 Stat. 1864, provided
    that: ''This Act (amending section 263b of this title) may be cited
    as the 'Mammography Quality Standards Reauthorization Act of
    1998'.''
      Pub. L. 105-196, Sec. 1, July 16, 1998, 112 Stat. 631, provided
    that: ''This Act (enacting sections 274l and 274m of this title,
    amending sections 274g and 274k of this title, repealing former
    section 274l of this title, and enacting provisions set out as
    notes under section 274k of this title) may be cited as the
    'National Bone Marrow Registry Reauthorization Act of 1998'.''
      Pub. L. 105-168, Sec. 1(a), Apr. 21, 1998, 112 Stat. 43, provided
    that: ''This Act (amending section 247b-4 of this title and
    enacting provisions set out as a note under section 247b-4 of this
    title) may be cited as the 'Birth Defects Prevention Act of
    1998'.''
                       SHORT TITLE OF 1997 AMENDMENT
      Pub. L. 105-78, title VI, Sec. 603(a), Nov. 13, 1997, 111 Stat.
    1519, provided that: ''This section (enacting section 284f of this
    title and provisions set out as a note under section 284f of this
    title) may be cited as the 'Morris K. Udall Parkinson's Disease
    Research Act of 1997'.''
                       SHORT TITLE OF 1996 AMENDMENTS
      Pub. L. 104-299, Sec. 1, Oct. 11, 1996, 110 Stat. 3626, provided
    that: ''This Act (enacting sections 254b and 254c of this title,
    amending sections 233, 256c, 1395x, and 1396d of this title,
    repealing sections 256 and 256a of this title, and enacting
    provisions set out as notes under sections 233 and 254b of this
    title) may be cited as the 'Health Centers Consolidation Act of
    1996'.''
      Pub. L. 104-204, title VI, Sec. 601, Sept. 26, 1996, 110 Stat.
    2935, provided that: ''This title (enacting sections 300gg-4 and
    300gg-51 of this title and section 1185 of Title 29, Labor,
    amending sections 300gg-21, 300gg-23, 300gg-44, 300gg-61, and
    300gg-62 of this title and sections 1003, 1021, 1022, 1024, 1132,
    1136, 1144, 1181, 1191, and 1191a of Title 29, and enacting
    provisions set out as notes under section 300gg-4 and 300gg-44 of
    this title and section 1003 of Title 29) may be cited as the
    'Newborns' and Mothers' Health Protection Act of 1996'.''
      Pub. L. 104-204, title VII, Sec. 701, Sept. 26, 1996, 110 Stat.
    2944, provided that: ''This title (enacting section 300gg-5 of this
    title and section 1185a of Title 29, Labor, and enacting provisions
    set out as notes under section 300gg-5 of this title and section
    1185a of Title 29) may be cited as the 'Mental Health Parity Act of
    1996'.''
      Pub. L. 104-191, Sec. 1(a), Aug. 21, 1996, 110 Stat. 1936,
    provided that: ''This Act (see Tables for classification) may be
    cited as the 'Health Insurance Portability and Accountability Act
    of 1996'.''
      Pub. L. 104-182, Sec. 1(a), Aug. 6, 1996, 110 Stat. 1613,
    provided that: ''This Act (enacting sections 300g-7 to 300g-9,
    300h-8, 300j-3c, and 300j-12 to 300j-18 of this title and section
    1263a of Title 33, Navigation and Navigable Waters, amending
    sections 300f, 300g-1 to 300g-6, 300h, 300h-5 to 300h-7, 300i,
    300i-1, 300j to 300j-2, 300j-4 to 300j-8, 300j-11, and 300j-21 to
    300j-25 of this title, sections 4701 and 4721 of Title 16,
    Conservation, and section 349 of Title 21, Food and Drugs,
    repealing section 13551 of this title, enacting provisions set out
    as notes under this section, sections 300f, 300g-1, 300j-1, and
    300j-12 of this title, section 1281 of Title 33, and section 45 of
    Title 40, Public Buildings, Property, and Works, and amending
    provisions set out as a note under this section) may be cited as
    the 'Safe Drinking Water Act Amendments of 1996'.''
      Pub. L. 104-146, Sec. 1, May 20, 1996, 110 Stat. 1346, provided
    that: ''This Act (enacting sections 300ff-27a, 300ff-31, 300ff-33
    to 300ff-37, 300ff-77, 300ff-78, 300ff-101, and 300ff-111 of this
    title, amending sections 294n, 300d, 300ff-11 to 300ff-17, 300ff-21
    to 300ff-23, 300ff-26 to 300ff-29, 300ff-47 to 300ff-49, 300ff-51,
    300ff-52, 300ff-54, 300ff-55, 300ff-64, 300ff-71, 300ff-74,
    300ff-76, and 300ff-84 of this title, transferring section 294n of
    this title to section 300ff-111 of this title, repealing sections
    300ff-18 and 300ff-30 of this title, and enacting provisions set
    out as notes under sections 300cc, 300ff-11, and 300ff-33 of this
    title and section 4103 of Title 5, Government Organization and
    Employees) may be cited as the 'Ryan White CARE Act Amendments of
    1996'.''
                       SHORT TITLE OF 1995 AMENDMENT
      Pub. L. 104-73, Sec. 1(a), Dec. 26, 1995, 109 Stat. 777, provided
    that: ''This Act (amending section 233 of this title and enacting
    provisions set out as a note under section 233 of this title) may
    be cited as the 'Federally Supported Health Centers Assistance Act
    of 1995'.''
                       SHORT TITLE OF 1993 AMENDMENTS
      Pub. L. 103-183, Sec. 1(a), Dec. 14, 1993, 107 Stat. 2226,
    provided that: ''This Act (enacting sections 247b-6, 247b-7, 256d,
    280b-1a, 285f-2, 300n-4a, and 300u-8 of this title, amending
    sections 233, 238j, 242b, 242k, 242l, 242m, 247b, 247b-1, 247b-5,
    247c, 247c-1, 254j, 280b, 280b-1, 280b-2, 280b-3, 280e-4, 300d,
    300d-2, 300d-3, 300d-12, 300d-13, 300d-16, 300d-22, 300d-31,
    300d-32, 300k, 300m, 300n, 300n-1, 300n-4, 300n-5, 300u-5, 300w,
    and 300aa-26 of this title, repealing sections 300d-1 and 300d-33
    of this title, and enacting provisions set out as notes under
    sections 238j, 263b, 285f-2, and 300m of this title) may be cited
    as the 'Preventive Health Amendments of 1993'.''
      Section 1(a) of Pub. L. 103-43 provided that: ''This Act (see
    Tables for classification) may be cited as the 'National Institutes
    of Health Revitalization Act of 1993'.''
                       SHORT TITLE OF 1992 AMENDMENTS
      Pub. L. 102-539, Sec. 1, Oct. 27, 1992, 106 Stat. 3547, provided
    that: ''This Act (enacting section 263b of this title and
    provisions set out as a note under section 263b of this title) may
    be cited as the 'Mammography Quality Standards Act of 1992'.''
      Pub. L. 102-531, Sec. 1(a), Oct. 27, 1992, 106 Stat. 3469,
    provided that: ''This Act (enacting sections 247b-3 to 247b-5,
    247c-1, 256c, 280d-11, 300l-1, and 300u-7 of this title, amending
    sections 236, 242l, 247b-1, 247d, 254b, 254c, 256, 256a, 280b to
    280b-2, 285c-4, 285d-7, 285m-4, 289c, 290aa-9, 290bb-1, 292y, 293j,
    293l, 294n, 295j, 295l, 295n, 295o, 296k, 298b-7, 300u, 300u-1,
    300u-5, 300w, 300w-3 to 300w-5, 300aa-2, 300aa-15, 300aa-19,
    300aa-26, 300cc, 300cc-2, 300cc-15, 300cc-17, 300cc-20, 300cc-31,
    300ee-1, 300ee-2, 300ee-31, 300ee-32, 300ee-34, 300ff-11 to
    300ff-13, 300ff-17, 300ff-27, 300ff-28, 300ff-41, 300ff-43,
    300ff-49, 300ff-75, 4841, and 9604 of this title, section 1341 of
    Title 15, Trade and Commerce, and section 2001 of Title 25,
    Indians, repealing section 297j of this title, enacting provisions
    set out as notes under sections 236, 292y, 300e, and 300w-4 of this
    title, amending provisions set out as notes under sections 241,
    281, and 295k of this title and section 303 of Title 38, Veterans'
    Benefits, and repealing provisions set out as notes under section
    246 and 300e of this title) may be cited as the 'Preventive Health
    Amendments of 1992'.''
      Pub. L. 102-515, Sec. 1, Oct. 24, 1992, 106 Stat. 3372, provided
    that: ''This Act (enacting sections 280e to 280e-4 of this title
    and provisions set out as a note under section 280e of this title)
    may be cited as the 'Cancer Registries Amendment Act'.''
      Pub. L. 102-501, Sec. 1, Oct. 24, 1992, 106 Stat. 3268, provided
    that: ''This Act (amending section 233 of this title and enacting
    provisions set out as notes under section 233 of this title) may be
    cited as the 'Federally Supported Health Centers Assistance Act of
    1992'.''
      Pub. L. 102-493, Sec. 1, Oct. 24, 1992, 106 Stat. 3146, provided
    that: ''This Act (enacting sections 263a-1 to 263a-7 of this title
    and provisions set out as a note under section 263a-1 of this
    title) may be cited as the 'Fertility Clinic Success Rate and
    Certification Act of 1992'.''
      Pub. L. 102-410, Sec. 1(a), Oct. 13, 1992, 106 Stat. 2094,
    provided that: ''This Act (amending sections 299 to 299a-2, 299b to
    299b-3, 299c to 299c-3, 299c-5, and 300w-9 of this title and
    enacting provisions set out as notes under sections 299a-2, 299b-1,
    and 299b-2 of this title) may be cited as the 'Agency for Health
    Care Policy and Research Reauthorization Act of 1992'.''
      Pub. L. 102-409, Sec. 1, Oct. 13, 1992, 106 Stat. 2092, provided
    that: ''This Act (enacting section 283a of this title) may be cited
    as the 'DES Education and Research Amendments of 1992'.''
      Pub. L. 102-408, Sec. 1(a), Oct. 13, 1992, 106 Stat. 1992,
    provided that: ''This Act (enacting subchapter V of this chapter
    and sections 297n, 298b-7, and 300d-51 of this title, amending
    sections 242a, 296k to 296m, 296r, 297, 297-1, 297b, 297d, 297e,
    298, 298b, and 298b-6 of this title and section 1078-3 of Title 20,
    Education, repealing sections 295g-10a, 297c-1, and 297n of this
    title, enacting provisions set out as notes under this section,
    sections 292, 295j, 295k, 296k, and 297b of this title, section
    1078-3 of Title 20, and section 343-1 of Title 21, Food and Drugs,
    and amending provisions set out as a note under section 300x of
    this title) may be cited as the 'Health Professions Education
    Extension Amendments of 1992'.''
      Pub. L. 102-408, title II, Sec. 201, Oct. 13, 1992, 106 Stat.
    2069, provided that: ''This title (enacting sections 297n and
    298b-7 of this title, amending sections 296k to 296m, 296r, 297,
    297-1, 297b, 297d, 297e, 298, 298b, and 298b-6 of this title,
    repealing sections 297c-1 and 297n of this title, and enacting
    provisions set out as notes under sections 296k and 297b of this
    title) may be referred to as the Nurse Education and Practice
    Improvement Amendments of 1992.''
      Pub. L. 102-352, Sec. 1, Aug. 26, 1992, 106 Stat. 938, provided
    that: ''This Act (amending sections 285n, 285n-2, 285o, 285o-2,
    285p, 290aa-1, 290aa-3, 290cc-21, 290cc-28, 290cc-30, 300x-7,
    300x-27, 300x-33, 300x-53, and 300y of this title, enacting
    provisions set out as a note under section 285n of this title, and
    amending provisions set out as notes under sections 290aa and 300x
    of this title) may be cited as the 'Public Health Service Act
    Technical Amendments Act'.''
      Pub. L. 102-321, Sec. 1(a), July 10, 1992, 106 Stat. 323,
    provided that: ''This Act (see Tables for classification) may be
    cited as the 'ADAMHA Reorganization Act'.''
                       SHORT TITLE OF 1991 AMENDMENTS
      Pub. L. 102-168, Sec. 1, Nov. 26, 1991, 105 Stat. 1102, provided
    that: ''This Act (amending sections 300u, 300u-5, 300aa-11,
    300aa-12, 300aa-15, 300aa-16, 300aa-19, and 300aa-21 of this title,
    enacting provisions set out as a note under section 300aa-11 of
    this title, and amending provisions set out as a note under section
    300aa-1 of this title) may be cited as the 'Health Information,
    Health Promotion, and Vaccine Injury Compensation Amendments of
    1991'.''
      Pub. L. 102-96, Sec. 1, Aug. 14, 1991, 105 Stat. 481, provided
    that: ''This Act (amending section 300cc-13 of this title and
    enacting provisions set out as a note under section 300cc-13 of
    this title) may be cited as the 'Terry Beirn Community Based AIDS
    Research Initiative Act of 1991'.''
                       SHORT TITLE OF 1990 AMENDMENTS
      Pub. L. 101-639, Sec. 1, Nov. 28, 1990, 104 Stat. 4600, provided
    that: ''This Act (amending sections 290cc-13, 299a, 300x-3, and
    300x-10 to 300x-12 of this title) may be cited as the 'Mental
    Health Amendments of 1990'.''
      Pub. L. 101-616, Sec. 1, Nov. 16, 1990, 104 Stat. 3279, provided
    that: ''This Act (enacting sections 274f, 274g, 274k, and 274l of
    this title, amending sections 273 to 274d of this title, enacting
    provisions set out as notes under sections 273, 274, and 274k of
    this title, and repealing provisions set out as a note under
    section 273 of this title) may be cited as the 'Transplant
    Amendments Act of 1990'.''
      Pub. L. 101-613, Sec. 1, Nov. 16, 1990, 104 Stat. 3224, provided
    that: ''This Act (enacting sections 285g-4 and 290b of this title
    and provisions set out as a note under section 285g-4 of this
    title) may be cited as the 'National Institutes of Health
    Amendments of 1990'.''
      Pub. L. 101-597, Sec. 1, Nov. 16, 1990, 104 Stat. 3013, provided
    that: ''This Act (enacting sections 254f-1, 254o-1, and 254r of
    this title, amending sections 242a, 254d to 254i, 254k, 254l to
    254q-1, 254s, 294h, 294n, 294aa, 295g-1, 296m, 1320c-5, 1395l,
    1395u, 1395x, 3505d, and 9840 of this title and section 2123 of
    Title 10, Armed Forces, and enacting provisions set out as notes
    under sections 242a, 254l-1, and 254o of this title) may be cited
    as the 'National Health Service Corps Revitalization Amendments of
    1990'.''
      Pub. L. 101-590, Sec. 1, Nov. 16, 1990, 104 Stat. 2915, provided
    that: ''This Act (enacting subchapter X of this chapter, amending
    sections 300w-4 and 300w-9 of this title, and enacting provisions
    set out as a note under section 300d of this title) may be cited as
    the 'Trauma Care Systems Planning and Development Act of 1990'.''
      Pub. L. 101-558, Sec. 1, Nov. 15, 1990, 104 Stat. 2772, provided
    that: ''This Act (amending sections 280b to 280b-3 of this title)
    may be cited as the 'Injury Control Act of 1990'.''
      Pub. L. 101-557, Sec. 1, Nov. 15, 1990, 104 Stat. 2766, provided
    that: ''This Act (enacting sections 242q to 242q-5 of this title,
    amending sections 280c, 280c-2, 280c-3, 280c-5, 285e-2, 285e-3,
    300u-6, 300ff-17, 300ff-51, and 300ff-52 of this title and section
    4512 of Title 20, Education, and enacting provisions set out as a
    note under section 300u-6 of this title) may be cited as the 'Home
    Health Care and Alzheimer's Disease Amendments of 1990'.''
      Pub. L. 101-527, Sec. 1(a), Nov. 6, 1990, 104 Stat. 2311,
    provided that: ''This Act (enacting sections 254c-1, 254t, 256a,
    294bb, 294cc, and 300u-6 of this title, amending sections 242k,
    242m, 254b, 254c, 294m, 294o, and 295g-2 of this title, enacting
    provisions set out as notes under sections 242k and 300u-6 of this
    title, and repealing provisions set out as a note under section
    292h of this title) may be cited as the 'Disadvantaged Minority
    Health Improvement Act of 1990'.''
      Pub. L. 101-502, Sec. 1, Nov. 3, 1990, 104 Stat. 1285, provided
    that: ''This Act (amending sections 207, 247b, 300aa-6, 300aa-11 to
    300aa-13, 300aa-15, 300aa-16, 300aa-21, 300ff-13, 300ff-47, and
    300ff-49 of this title, section 331 of Title 21, Food and Drugs,
    and section 201 of Title 37, Pay and Allowances of the Uniformed
    Services, enacting provisions set out as notes under sections
    300aa-2, 300aa-11, and 300aa-12 of this title and section 201 of
    Title 37, and amending provisions set out as a note under section
    300aa-1 of this title) may be cited as the 'Vaccine and
    Immunization Amendments of 1990'.''
      Pub. L. 101-381, Sec. 1, Aug. 18, 1990, 104 Stat. 576, provided
    that: ''This Act (enacting subchapter XXIV of this chapter,
    transferring section 300ee-6 of this title to section 300ff-48 of
    this title, amending sections 284a, 286, 287a, 287c-2, 289f,
    290aa-3a, 299c-5, 300ff-48, and 300aaa to 300aaa-13 of this title,
    and enacting provisions set out as notes under sections 300x-4,
    300ff-11, 300ff-46, and 300ff-80 of this title) may be cited as the
    'Ryan White Comprehensive AIDS Resources Emergency Act of 1990'.''
      Pub. L. 101-374, Sec. 1, Aug. 15, 1990, 104 Stat. 456, provided
    that: ''This Act (amending sections 290aa-12, 290cc-2, and 300x-4
    of this title, enacting provisions set out as notes under sections
    289e, 290aa-12, 290cc-2, and 300x-4 of this title, and amending
    provisions set out as a note under section 289e of this title) may
    be cited as the 'Drug Abuse Treatment Waiting Period Reduction
    Amendments of 1990'.''
      Pub. L. 101-368, Sec. 1, Aug. 15, 1990, 104 Stat. 446, provided
    that: ''This Act (amending section 247b of this title) may be cited
    as the 'Tuberculosis Prevention Amendments of 1990'.''
      Pub. L. 101-354, Sec. 1, Aug. 10, 1990, 104 Stat. 409, provided
    that: ''This Act (enacting subchapter XIII of this chapter) may be
    cited as the 'Breast and Cervical Cancer Mortality Prevention Act
    of 1990'.''
                       SHORT TITLE OF 1989 AMENDMENT
      Pub. L. 101-93, Sec. 1, Aug. 16, 1989, 103 Stat. 603, provided
    that: ''This Act (see Tables for classification) may be cited as
    the 'Drug Abuse Treatment Technical Corrections Act of 1989'.''
                       SHORT TITLE OF 1988 AMENDMENTS
      Pub. L. 100-690, Sec. 2011, Nov. 18, 1988, 102 Stat. 4193,
    provided that: ''This subtitle (subtitle A (Sec. 2011-2081) of
    title II of Pub. L. 100-690, enacting sections 290aa-11 to
    290aa-14, 290cc-11 to 290cc-13, 290ff, 300x-1a, 300x-4a, 300x-9a,
    and 300x-9b of this title, amending sections 242a, 290aa, 290aa-3,
    290aa-6, 290aa-8, 290bb-2, 290cc to 290cc-2, 300x, 300x-1a to
    300x-4, 300x-5, 300x-9, and 300x-10 to 300x-12 of this title and
    section 484 of Title 40, Public Buildings, Property, and Works,
    repealing sections 300y to 300y-2 of this title, enacting
    provisions set out as notes under this section and sections 290aa,
    290cc-11, 300x-9a, and 300x-11 of this title, and amending
    provisions set out as a note under section 801 of Title 21, Food
    and Drugs) may be cited as the 'Comprehensive Alcohol Abuse, Drug
    Abuse, and Mental Health Amendments Act of 1988'.''
      Pub. L. 100-607, Sec. 1(a), Nov. 4, 1988, 102 Stat. 3048,
    provided that: ''This Act (see Tables for classification) may be
    cited as the 'Health Omnibus Programs Extension of 1988'.''
      Pub. L. 100-607, title I, Sec. 100(a), Nov. 4, 1988, 102 Stat.
    3048, provided that: ''This title (see Tables for classification)
    may be cited as the 'National Institute on Deafness and Other
    Communication Disorders and Health Research Extension Act of
    1988'.''
      Pub. L. 100-607, title II, Sec. 200, Nov. 4, 1988, 102 Stat.
    3062, provided that: ''This title (see Tables for classification)
    may be cited as the 'AIDS Amendments of 1988'.''
      Pub. L. 100-607, title IV, Sec. 401(a), Nov. 4, 1988, 102 Stat.
    3114, provided that: ''This title (enacting sections 300y-21 to
    300y-27 of this title, amending sections 273 to 274e of this title,
    and enacting provisions set out as notes under sections 273 and
    300y-21 of this title) may be cited as the 'Organ Transplant
    Amendments Act of 1988'.''
      Pub. L. 100-607, title VI, Sec. 601(a), Nov. 4, 1988, 102 Stat.
    3122, as amended by Pub. L. 100-690, title II, Sec. 2603(a)(1),
    Nov. 18, 1988, 102 Stat. 4234, provided that: ''This title (see
    Tables for classification) may be cited as the 'Health Professions
    Reauthorization Act of 1988'.''
      Pub. L. 100-607, title VII, Sec. 700(a), Nov. 4, 1988, 102 Stat.
    3153, provided that: ''This title (enacting sections 296r, 297c-1,
    297j, 297n, and 298b-6 of this title, amending sections 210, 294a,
    296k, 296l, 296m, 297, 297-1, 297a, 297b, 297d, 297e, 298, and
    298b-3 of this title, and enacting provisions set out as a note
    under section 297d of this title) may be cited as the 'Nursing
    Shortage Reduction and Education Extension Act of 1988'.''
      Pub. L. 100-578, Sec. 1, Oct. 31, 1988, 102 Stat. 2903, provided
    that: ''This Act (amending section 263a of this title and enacting
    provisions set out as notes under section 263a of this title) may
    be cited as the 'Clinical Laboratory Improvement Amendments of
    1988'.''
      Pub. L. 100-572, Sec. 1, Oct. 31, 1988, 102 Stat. 2884, provided
    that: ''This Act (enacting sections 247b-1 and 300j-21 to 300j-26
    of this title, and amending section 300j-4 of this title) may be
    cited as the 'Lead Contamination Control Act of 1988'.''
      Pub. L. 100-553, Sec. 1, Oct. 28, 1988, 102 Stat. 2769, provided
    that: ''This Act (enacting sections 285m to 285m-6 of this title,
    amending sections 281 and 285j of this title, and enacting
    provisions set out as a note under section 285m of this title)
    shall be cited as the 'National Deafness and Other Communication
    Disorders Act of 1988'.''
      Pub. L. 100-517, Sec. 1(a), Oct. 24, 1988, 102 Stat. 2578,
    provided that: ''This Act (amending sections 300e, 300e-1, 300e-9,
    and 300e-10 of this title, enacting provisions set out as notes
    under sections 300e, 300e-9, and 1302 of this title, and repealing
    provisions set out as notes under section 300e-1 of this title) may
    be cited as the 'Health Maintenance Organization Amendments of
    1988'.''
      Pub. L. 100-386, Sec. 1(a), Aug. 10, 1988, 102 Stat. 919,
    provided that: ''This Act (amending sections 254b and 254c of this
    title and enacting provisions set out as a note under section 254b
    of this title) may be cited as the 'Community and Migrant Health
    Centers Amendments of 1988'.''
                       SHORT TITLE OF 1987 AMENDMENTS
      Pub. L. 100-203, title IV, Sec. 4301(a), Dec. 22, 1987, 101 Stat.
    1330-221, provided that: ''This subtitle (subtitle D (Sec.
    4301-4307) of title IV of Pub. L. 100-203, enacting section
    300aa-34 of this title, amending sections 300aa-11 to 300aa-13,
    300aa-15 to 300aa-17, 300aa-19, 300aa-21 to 300aa-23, 300aa-25 to
    300aa-28, and 300aa-31 of this title, repealing section 300aa-18 of
    this title, and amending provisions set out as a note under section
    300aa-1 of this title) may be cited as the 'Vaccine Compensation
    Amendments of 1987'.''
      Pub. L. 100-177, Sec. 1(a), Dec. 1, 1987, 101 Stat. 986, provided
    that: ''This Act (enacting sections 254l-1, 254q, and 254q-1 of
    this title, amending sections 242a, 242c, 242k, 242m, 242n, 242p,
    247b, 254d to 254g, 254h-1, 254k, 254m to 254q, 254r, 295g-8, and
    11137 of this title, repealing former section 254q of this title,
    and enacting provisions set out as notes under sections 242c, 242k,
    242m, 254l-1, 254o, 300aa-2, and 11137 of this title) may be cited
    as the 'Public Health Service Amendments of 1987'.''
      Pub. L. 100-175, title VI, Sec. 601, Nov. 29, 1987, 101 Stat.
    979, provided that: ''This title (enacting part K (Sec. 280c et
    seq.) of subchapter II of this chapter) may be cited as the 'Health
    Care Services in the Home Act of 1987'.''
      Pub. L. 100-97, Sec. 1, Aug. 18, 1987, 101 Stat. 713, provided:
    ''That this Act (enacting section 295g-8a of this title and
    provisions set out as a note under section 295g-8a of this title)
    may be cited as the 'Excellence in Minority Health Education and
    Care Act'.''
                       SHORT TITLE OF 1986 AMENDMENTS
      Pub. L. 99-660, title III, Sec. 301, Nov. 14, 1986, 100 Stat.
    3755, provided that: ''This title (enacting sections 300aa-1 to
    300aa-33 of this title, amending sections 218, 242c, 262, 286, and
    289f of this title, redesignating former sections 300aa to 300aa-15
    of this title as sections 300cc to 300cc-15 of this title, and
    enacting provisions set out as notes under sections 300aa-1 and
    300aa-4 of this title) may be cited as the 'National Childhood
    Vaccine Injury Act of 1986'.''
      Pub. L. 99-660, title V, Sec. 501, Nov. 14, 1986, 100 Stat. 3794,
    provided that: ''This title (enacting sections 300x-10 to 300x-13
    of this title and amending sections 290aa-3 and 300x-4 of this
    title) may be cited as the 'State Comprehensive Mental Health
    Services Plan Act of 1986'.''
      Pub. L. 99-660, title VIII, Sec. 801, Nov. 14, 1986, 100 Stat.
    3799, provided that: ''This title (amending sections 300e-1,
    300e-4, 300e-5 to 300e-10, 300e-16, and 300e-17 of this title,
    repealing sections 300e-2, 300e-3, and 300e-4a of this title, and
    enacting provisions set out as notes under sections 300e, 300e-1,
    300e-4, and 300e-5 of this title) may be cited as the 'Health
    Maintenance Organization Amendments of 1986'.''
      Pub. L. 99-649, Sec. 1, Nov. 10, 1986, 100 Stat. 3633, provided:
    ''That this Act (enacting sections 280b to 280b-3 of this title and
    provisions set out as a note under section 280b of this title) may
    be cited as the 'Injury Prevention Act of 1986'.''
      Pub. L. 99-570, title IV, Sec. 4001(a), Oct. 27, 1986, 100 Stat.
    3207-103, provided that: ''This subtitle (subtitle A (Sec.
    4001-4022) of title IV of Pub. L. 99-570, enacting sections
    290aa-3a, 290aa-6 to 290aa-10, and 300y to 300y-2 of this title,
    amending sections 218, 241, 290aa to 290aa-3, 290aa-4, 290aa-5,
    290bb-1, 290bb-2, 290cc, and 290cc-2 of this title and sections 331
    and 350a of Title 21, Food and Drugs, and enacting provisions set
    out as notes under sections 290aa-3, 290aa-3a, and 290bb of this
    title) may be cited as the 'Alcohol and Drug Abuse Amendments of
    1986'.''
      Pub. L. 99-339, Sec. 1, June 19, 1986, 100 Stat. 642, provided
    that: ''This Act (enacting sections 300g-6, 300h-5 to 300h-7,
    300i-1, and 300j-11 of this title, amending sections 300f, 300g-1
    to 300g-5, 300h to 300h-2, 300h-4, 300h-6, 300h-7, 300i, 300j to
    300j-4, 300j-7, and 6979a of this title and sections 1261 and 1263
    of Title 15, Commerce and Trade, transferring section 6939b to
    6979a of this title, and enacting provisions set out as notes under
    sections 300g-6 and 300j-1 of this title and section 1261 of Title
    15) may be cited as the 'Safe Drinking Water Act Amendments of
    1986'.''
      Pub. L. 99-280, Sec. 1(a), Apr. 24, 1986, 100 Stat. 399, provided
    that: ''This Act (amending sections 254b and 254c of this title and
    repealing sections 300y to 300y-11 of this title) may be cited as
    the 'Health Services Amendments Act of 1986'.''
                       SHORT TITLE OF 1985 AMENDMENTS
      Pub. L. 99-158, Sec. 1(a), Nov. 20, 1985, 99 Stat. 820, provided
    that: ''This Act (enacting sections 275, 281 to 283, 284 to 284c,
    285 to 285a-5, 285b to 285b-6, 285c to 285c-7, 285d to 285d-7,
    285ed to 285e-2, 285f, 285g to 285g-3, 285h, 285i, 285j to 285j-2,
    285k, 285l, 286 to 286a-1, 286b to 286b-8, 287 to 287a-1, 287b,
    287c to 287c-3, 288 to 288b, and 289 to 289h of this title,
    amending sections 217a, 218, 241, 290aa-5, and 300c-12 of this
    title, repealing sections 275 to 280a-1, 280b to 280b-2, 280b-4,
    280b-5, and 280b-7 to 280b-11 of this title, omitting sections 286c
    to 286e, 287d to 287i, 288c, 289, 289c-1 to 289c-3, 289c-4 to
    289c-7, 289i to 289k, 289k-2 to 289k-5, and 289l to 289l-8 of this
    title, enacting provisions set out as notes under sections 218,
    281, 285c, 285e, 285e-2, 285j-1 and 289d of this title, and
    repealing provisions set out as a note under section 287i of this
    title) may be cited as the 'Health Research Extension Act of
    1985'.''
      Pub. L. 99-129, Sec. 1, Oct. 22, 1985, 99 Stat. 523, provided:
    ''That this Act (enacting sections 294q-1 to 294q-3 of this title,
    amending sections 254l, 292a, 292b, 292h, 292j, 293c, 294a, 294b,
    294d, 294e, 294g, 294j, 294m to 294p, 294z, 295f to 295f-2, 295g,
    295g-1, 295g-3, 295g-4, 295g-6 to 295g-8, 295g-8b, 295h, 295h-1a to
    295h-1c, 296k, 296l, 296m, 297a, 298b-5, and 300aa-14 of this
    title, repealing sections 292c, 295 to 295e-5, 295g-2, 295g-5,
    295g-8a, and 295g-9 of this title, enacting provisions set out as
    notes under sections 254l, 292h, 293c, 294d, 294n, and 300aa-14 of
    this title and section 462 of the Appendix to Title 50, War and
    National Defense, and amending provisions set out as a note under
    section 298b-5 of this title) may be cited as the 'Health
    Professions Training Assistance Act of 1985'.''
      Pub. L. 99-117, Sec. 1(a), Oct. 7, 1985, 99 Stat. 491, provided
    that: ''this Act (amending sections 207, 210, 213a, 242c, 242n,
    243, 246, 247b, 247e, 253, 290aa-3, 300x-4, 300x-5, and 300x-9 of
    this title and section 1333 of Title 15, Commerce and Trade,
    repealing sections 247, 254a-1, 299 to 299j, 300d-4, 300d-6, and
    300aa-4 of this title, and enacting provisions set out as notes
    under sections 210, 241, and 242n of this title) may be cited as
    the 'Health Services Amendments of 1985'.''
      Pub. L. 99-92, Sec. 1, Aug. 16, 1985, 99 Stat. 393, provided:
    ''That this Act (enacting section 297i of this title, transferring
    section 296c to section 298b-5 of this title, amending sections
    296k to 296m, 297, 297-1, 297a, 297b, 297d, 297e, 298, 298b, and
    298b-5 of this title, sections 1332, 1333, 1336, and 1341 of Title
    15, Commerce and Trade, and section 6103 of Title 26, Internal
    Revenue Code, repealing sections 296 to 296b, 296d to 296f, 296j,
    297h, and 297j of this title, and enacting provisions set out as
    notes under sections 296k and 298b-5 of this title and section 1333
    of Title 15) may be cited as the 'Nurse Education Amendments of
    1985'.''
                       SHORT TITLE OF 1984 AMENDMENTS
      Pub. L. 98-555, Sec. 1(a), Oct. 30, 1984, 98 Stat. 2854, provided
    that: ''this Act (enacting sections 300w-9 and 300w-10 of this
    title and amending sections 247b, 247c, 255, 300, 300w, 300w-4, and
    300w-5 of this title) may be cited as the 'Preventive Health
    Amendments of 1984'.''
      Pub. L. 98-551, Sec. 1, Oct. 30, 1984, 98 Stat. 2815, provided:
    ''That this Act (enacting section 300u-5 of this title, amending
    sections 242b, 242c, 242m, 242n, 254r, 300u, and 300u-3 of this
    title and sections 360bb and 360ee of Title 21, Food and Drugs, and
    repealing sections 300u-5 to 300u-9 of this title) may be cited as
    the 'Health Promotion and Disease Prevention Amendments of 1984'.''
      Pub. L. 98-509, Sec. 1(a), Oct. 19, 1984, 98 Stat. 2353, provided
    that: ''this Act (enacting sections 290bb-1a, 290cc-1, 290cc-2, and
    300x-1a of this title, amending sections 218, 290aa, 290aa-1 to
    290aa-3, 290bb, 290bb-2, 290cc, 290dd, 290dd-1, 300x, 300x-1, and
    300x-2 to 300x-9 of this title and section 802 of Title 21, Food
    and Drugs, repealing sections 1161 to 1165 of Title 21, and
    enacting provisions set out as notes under sections 300x and
    300x-1a of this title and section 802 of Title 21) may be cited as
    the 'Alcohol Abuse, Drug Abuse, and Mental Health Amendments of
    1984'.''
      Pub. L. 98-507, Sec. 1, Oct. 19, 1984, 98 Stat. 2339, provided:
    ''That this Act (enacting sections 273 to 274e of this title and
    provisions set out as notes under section 273 of this title) may be
    cited as the 'National Organ Transplant Act'.''
                       SHORT TITLE OF 1983 AMENDMENTS
      Pub. L. 98-194, Sec. 1, Dec. 1, 1983, 97 Stat. 1345, provided:
    ''That this Act (amending section 254g of this title and enacting
    provisions set out as notes under section 254g of this title) may
    be cited as the 'Rural Health Clinics Act of 1983'.''
      Pub. L. 98-24, Sec. 1(a), Apr. 26, 1983, 97 Stat. 175, provided
    that: ''This Act (enacting sections 290aa-4 and 290aa-5 of this
    title, transferring sections 219 to 224, 225a to 227, 228 to 229d,
    289k-1, 3511, 4551, 4585, 4587, 4588, 4571, 4561, 4581, and 4582 of
    this title to sections 300aa to 300aa-5, 300aa-6 to 300aa-8,
    300aa-9 to 300aa-14, 290aa-3, 290aa, 290aa-1, 290bb, 290bb-1,
    290bb-2, 290dd, 290dd-1, 290dd-2, and 290dd-3 of this title,
    respectively, and sections 1173(a), 1174, 1175, 1180, 1191, 1192,
    and 1193 of Title 21, Food and Drugs, to sections 290aa-2(e),
    290ee-2, 290ee-3, 290ee-1, 290aa-2, 290ee, and 290cc of this title,
    respectively, amending sections 218, 278, 289l-4, 290aa to 290aa-2,
    290bb to 290bb-2, 290cc, 290dd to 290dd-2, 290ee to 290ee-3, and
    4577 of this title and sections 1165, 1173, and 1177 of Title 21,
    repealing sections 4552, 4553, and 4586 of this title and sections
    1117, 1172, and 1194 of Title 21, enacting provisions set out as a
    note under section 290aa of this title, amending provisions set out
    as a note under section 4541 of this title, and repealing
    provisions set out as a note under section 242 of this title) may
    be cited as the 'Alcohol and Drug Abuse Amendments of 1983'.''
                       SHORT TITLE OF 1981 AMENDMENT
      Section 940(a) of Pub. L. 97-35 provided that: ''This subtitle
    (subtitle F (Sec. 940-949) of title IX of Pub. L. 97-35, amending
    sections 300e to 300e-4a, 300e-6 to 300e-9, 300e-11, 300e-17, and
    300m-6 of this title, repealing sections 300e-13 and 300e-15 of
    this title, and enacting provisions set out as notes under sections
    300e-9 and 300m-6 of this title) may be cited as the 'Health
    Maintenance Organization Amendments of 1981'.''
                       SHORT TITLE OF 1980 AMENDMENT
      Pub. L. 96-538, Sec. 1(a), Dec. 17, 1980, 94 Stat. 3183, provided
    that: ''this Act (enacting sections 289c-3, 289c-4, 289c-7 of this
    title, amending sections 286e, 287c, 287i, 289a, 289c-1, 289c-2,
    289c-5, 289c-6, 294a, 294d, 294v, 300k-1, 300l-5, 300m, 300m-3,
    300m-6, 300n, and 300n-1 of this title and section 1182 of Title 8,
    Aliens and Nationality, repealing sections 289c-3a and 289c-8 and
    former sections 289c-3, 289c-4, and 289c-7 of this title, and
    enacting provisions set out as notes under sections 289, 300l-5,
    and 300m-6 of this title) may be cited as the 'Health Programs
    Extension Act of 1980'.''
                       SHORT TITLE OF 1979 AMENDMENTS
      Pub. L. 96-142, title I, Sec. 101, Dec. 12, 1979, 93 Stat. 1067,
    provided that: ''This title (amending sections 295g-9, 300d-1,
    300d-3, 300d-5, 300d-6, 300d-8, and 300d-21 of this title and
    enacting provisions set out as a note under section 295g-9 of this
    title) may be cited as the 'Emergency Medical Services Systems
    Amendments of 1979'.''
      Pub. L. 96-142, title II, Sec. 201, Dec. 12, 1979, 93 Stat. 1070,
    provided that: ''This title (enacting section 300c-12 and amending
    section 300c-11 of this title) may be cited as the 'Sudden Infant
    Death Syndrome Amendments of 1979'.''
      Section 1(a) of Pub. L. 96-79 provided that: ''This Act (enacting
    sections 300m-6, 300s, 300s-1, 300s-6, and 300t-11 to 300t-14 of
    this title, amending this section and sections 246, 300k-1 to
    300k-3, 300l to 300l-5, 300m to 300m-5, 300n, 300n-1, 300n-3,
    300n-5, 300q, 300q-2, 300r, 300s-3, 300s-5, 300t, 1396b, 2689t, and
    4573 of this title and section 1176 of Title 21, Food and Drugs,
    repealing sections 300o to 300o-3, 300p to 300p-3, 300q-1, and
    former section 300s of this title, redesignating former section
    300s-1 as 300s-1a of this title, and enacting provisions set out as
    notes under sections 300k-1, 300l, 300l-1, 300l-4, 300l-5, 300m,
    300m-6, 300n, 300q, and 300t-11 of this title) may be cited as the
    'Health Planning and Resources Development Amendments of 1979'.''
      Pub. L. 96-76, title I, Sec. 101(a), Sept. 29, 1979, 93 Stat.
    579, provided that: ''This title (enacting section 297-1 of this
    title, amending sections 296, 296d, 296e, 296k to 296m, 297 to
    297c, 297e, and 297j of this title, and enacting provisions set out
    as notes under sections 296 and 297j of this title) may be cited as
    the 'Nurse Training Amendments of 1979'.''
      Pub. L. 96-76, title III, Sec. 301, Sept. 29, 1979, 93 Stat. 584,
    provided that: ''This title (amending sections 204, 206, 207, 209,
    210-1, 210b, 211, 212, 213a, 215, and 218a of this title and
    sections 201, 415, and 1006 of Title 37, Pay and Allowances of the
    Uniformed Services, and enacting provisions set out as a note under
    section 206 of this title) may be cited as the 'Public Health
    Service Administrative Amendments of 1979'.''
                       SHORT TITLE OF 1978 AMENDMENTS
      Pub. L. 95-626, Sec. 1(a), Nov. 10, 1978, 92 Stat. 3551, provided
    that: ''This Act (enacting sections 242p, 247, 247a, 247b-1,
    254a-1, 255, 256, 256a, 300a-21 to 300a-29, 300a-41, 300b-6, and
    300u-6 to 300u-9 of this title, amending sections 218, 246, 247b,
    247c, 247e, 254a, 254b, 254c, 254k, 294t, 294u, 295h-1, 300b,
    300b-3, 300c-21, 300c-22, 300d-2, 300d-3, 300d-5, 300d-6, 300e-12,
    300e-14a, 300u-5, 1396b, and 4846 of this title, repealing sections
    256, 4801, 4811, 4844, and 4845 of this title, enacting provisions
    set out as notes under this section and sections 246, 247a, 247c,
    254a-1, 254b to 254d, 256, 256a, 289b, 289d, 300a-21, 300d-2, and
    300d-3 of this title, and amending provisions set out as notes
    under sections 300b and 1395x of this title) may be cited as the
    'Health Services and Centers Amendments of 1978'.''
      Pub. L. 95-626, title I, Sec. 101, Nov. 10, 1978, 92 Stat. 3551,
    provided that: ''This part (part A (Sec. 101-107) of title I of
    Pub. L. 95-626, enacting section 256a of this title, amending
    sections 218, 247e, 254b, 254c, 255, 300e-12, 300e-14a, and 1396b
    of this title, repealing section 256 of this title, and enacting
    provisions set out as notes under sections 254b, 254c, and 256a of
    this title) may be cited as the 'Migrant and Community Health
    Centers Amendments of 1978'.''
      Pub. L. 95-626, title I, Sec. 111, Nov. 10, 1978, 92 Stat. 3562,
    provided that: ''This part (part B (Sec. 111-116) of title I of
    Pub. L. 95-626, enacting sections 254a-1 and 256 of this title,
    amending sections 294t and 294u of this title, and enacting
    provisions set out as notes under sections 254a-1, 254d, and 256 of
    this title) may be cited as the 'Primary Health Care Act of
    1978'.''
      Pub. L. 95-626, title II, Sec. 200, Nov. 10, 1978, 92 Stat. 3570,
    provided that: ''This title (enacting sections 247, 247a, 255, and
    300b-6 of this title, amending sections 246, 247b, 247c, 300b,
    300b-3, 300c-21, 300c-22, 300d-2, 300d-3, 300d-5, 300d-6, and 4846
    of this title, repealing sections 4801, 4811, 4844, and 4845 of
    this title, enacting provisions set out as notes under sections
    246, 247a, 247c, 289d, 300d-2, and 300d-3 of this title, and
    amending provisions set out as notes under sections 300b and 1395x
    of this title) may be cited as the 'Health Services Extension Act
    of 1978'.''
      Pub. L. 95-623, Sec. 1(a), Nov. 9, 1978, 92 Stat. 3443, provided
    that: ''This Act (enacting sections 229c, 242n, and 4362a of this
    title, amending sections 210, 242b, 242c, 242k, 242m, 242o, 289k,
    289l-1, 292e, 292h, 292i, 294t, 295f-1, 295f-2, 295g-2, 295g-8,
    295h-2, 7411, 7412, 7417, and 7617 of this title, repealing section
    280c of this title, enacting provisions set out as a note under
    section 242m of this title, and amending provisions set out as
    notes under sections 292h, 295h-4, and 296 of this title) may be
    cited as the 'Health Services Research, Health Statistics, and
    Health Care Technology Act of 1978'.''
      Pub. L. 95-622, title II, Sec. 201(a), Nov. 9, 1978, 92 Stat.
    3420, provided that: ''This title (enacting sections 289l-6 to
    289l-8 of this title, amending sections, 241, 248, 277, 280b, 281
    to 286g, 287a to 287d, 287g, 287i, 289c-6, 289l to 289l-2, 289l-4,
    4541, 4573, and 4585 of this title, and enacting provisions set out
    as notes under sections 241, 286b, 286f, 289a, and 289l-1 of this
    title) may be cited as the 'Biomedical Research and Research
    Training Amendments of 1978'.''
      Pub. L. 95-559, Sec. 1(a), Nov. 1, 1978, 92 Stat. 2131, provided
    that: ''This Act (enacting sections 300e-4a, 300e-16, and 300e-17
    of this title, amending sections 300e, 300e-1, 300e-3, 300e-4,
    300e-5, 300e-7, 300e-8, 300e-9, 300e-11 to 300e-13, 1320a-1, 1396a,
    and 1396b of this title, and enacting provisions set out as notes
    under sections 300e-3, 300e-4, 300e-16, and 1396a of this title)
    may be cited as the ''Health Maintenance Organization Amendments of
    1978'.''
                       SHORT TITLE OF 1977 AMENDMENTS
      Pub. L. 95-190, Sec. 1, Nov. 16, 1977, 91 Stat. 1393, provided
    that: ''This Act (enacting sections 300j-10 and 7625a of this
    title, amending sections 300f, 300g-1, 300g-3, 300g-5, 300h,
    300h-1, 300j to 300j-2, 300j-4, 300j-6, 300j-8, 7410, 7411, 7413,
    7414, 7416, 7419, 7420, 7426, 7472 to 7475, 7478, 7479, 7502, 7503,
    7506, 7521, 7522, 7525, 7541, 7545, 7549, 7602, 7604, 7607, 7623,
    and 7626 of this title, enacting provisions set out as notes under
    section 300f of this title, and section 5108 of Title 5, Government
    Organization and Employees, and amending provisions set out as
    notes under sections 300f, 7401, and 7502 of this title) may be
    cited as the 'Safe Drinking Water Amendments of 1977'.''
      Section 101 of title I of Pub. L. 95-83 provided that: ''This
    title (amending this section and sections 242m, 300e-8, 300k-3,
    300l to 300l-5, 300m, 300m-2, 300m-4, 300m-5, 300n-3, 300n-5,
    300o-1 to 300o-3, 300p, 300p-3, 300q, 300q-2, 300r, 300s-3, 300t,
    and 1396b of this title, and enacting provisions set out as a note
    under section 1396b of this title) may be cited as the 'Health
    Planning and Health Services Research and Statistics Extension Act
    of 1977'.''
      Section 201 of title II of Pub. L. 95-83 provided that: ''This
    title (amending sections 280b, 286b, 286c, 286d, 286f, 286g, 287c,
    287d, 287f, 287h, 287i, and 289l-1 of this title) may be cited as
    the 'Biomedical Research Extension Act of 1977'.''
      Section 301 of title III of Pub. L. 95-83 provided that: ''This
    title (enacting section 294y-1 of this title, amending sections
    210, 246, 247d, 254c, 292g, 292h, 293a, 294d, 294e, 294h, 294i,
    294j, 294n, 294r, 294s, 294w, 294z, 295f-1, 295g-1, 295g-9, 295h-5,
    295h-5c, 296e, 296m, 297, 300, 300a-1, 300a-2, 300a-3, 300c-11,
    300c-21, 300c-22, 701, 2689a to 2689e, 2689h, 2689p, 2689q, 4572,
    4573, and 4577 of this title, sections 1101 and 1182 of Title 8,
    Aliens and Nationality, sections 1112 and 1176 of Title 21, Food
    and Drugs, and section 1614 of Title 25, Indians, enacting
    provisions set out as notes under sections 242b, 242l, 294d, 294i,
    294n, 294r, 294t, 294y-1, 294z, 295f-1, 295g-1, 295h-5, and 296m of
    this title and sections 1101 and 1182 of Title 8, and amending
    provisions set out as notes under sections 289k-2, 1395x, and 1396b
    of this title) may be cited as the 'Health Services Extension Act
    of 1977'.''
                       SHORT TITLE OF 1976 AMENDMENTS
      Pub. L. 94-573, Sec. 1(a), Oct. 21, 1976, 90 Stat. 2710, provided
    that: ''This Act (enacting section 300d-21 of this title, amending
    sections 295f-6 and 300d to 300d-9 of this title, enacting
    provisions set out as notes under sections 242b, 300d, 300d-7, and
    300d-9 of this title, and amending provisions set out as notes
    under sections 218, 289c-1, and 289l-1 of this title) may be cited
    as the 'Emergency Medical Services Amendments of 1976'.''
      Pub. L. 94-562, Sec. 1(a), Oct. 19, 1976, 90 Stat. 2645, provided
    that: ''This Act (enacting sections 289c-3a, 289c-7, and 289c-8 of
    this title, amending sections 289c-2, 289c-5, and 289c-6 of this
    title, and enacting provisions set out as notes under sections
    289a, 289c-3a, and 289c-7 of this title) may be cited as the
    'Arthritis, Diabetes, and Digestive Disease Amendments of 1976'.''
      Section 1(a) of Pub. L. 94-484 provided that: ''This Act
    (enacting sections 254 to 254k, 292, 292e to 292k, 294 to 294l,
    294r to 294z, 294aa, 295f-1, 295g to 295g-8, 295g-10, 295h to
    295h-2, and 295h-4 to 295h-7 of this title; renumbering sections
    293d as 292a, 293e as 292b, 295h-8 as 292c, 295h-9 as 292d, 293g to
    293i as 293d to 293f, 294 to 294c as 294m to 294p, 294e as 294q,
    295f-5 as 295f-2, and 295f-6 as 295g-9 of this title; amending this
    section and sections 234, 244-1, 245a, 246, 247c, 254b, 263c, 292a
    to 292c, 293 to 293d, 293f, 294g, 294m to 294p, 295e-1 to 295e-4,
    295f to 295f-4, 295g, 295g-11, 295g-23, 295h-1 to 295h-3, 297,
    300a, 300d, 300d-7, 300f, 300l-1, 300n, and 300s-3 of this title
    and sections 1101 and 1182 of Title 8, Aliens and Nationality;
    repealing sections 234, 244-1, 245a, 254b, 292 to 292j, 293f, 294d,
    294f, 294g, 295f-1, to 295f-4, 295g, 295g-1, 295g-11, and 295g-21
    to 295g-23 of this title; omitting sections 295h to 295h-2, 295h-3a
    to 295h-3d, 295h-4, 295h-5, and 295h-7 of this title; and enacting
    provisions set out as notes under sections 254d, 292, 292b, 292h,
    293, 293f, 294, 294n, 294o, 294q, 294r, 294t, 294z, 295g, 295g-1,
    295g-9, 295g-10, 295h, 295h-4, and 300l-1 of this title and section
    1182 of Title 8) may be cited as the 'Health Professions
    Educational Assistance Act of 1976'.''
      Pub. L. 94-460, Sec. 1(a), Oct. 8, 1976, 90 Stat. 1945, provided
    that: ''This Act (enacting section 300e-15 of this title, amending
    sections 242c, 289k-2, 300e, 300e-1 to 300e-11, 300e-13, 300n-1,
    1395x note, 1395mm, and 1396b of this title, section 8902 of Title
    5, Government Organization and Employees, and section 360d of Title
    21, Food and Drugs, and enacting provisions set out as notes under
    sections 300e and 1396b of this title) may be cited as the 'Health
    Maintenance Organization Amendments of 1976'.''
      Pub. L. 94-380, Sec. 1, Aug. 12, 1976, 90 Stat. 1113, provided:
    ''That this Act (amending section 247b of this title and enacting
    provisions set out as a note under section 247b of this title) may
    be cited as the 'National Swine Flu Immunization Program of
    1976'.''
      Section 101 of title I of Pub. L. 94-317 provided that: ''This
    title (enacting subchapter XV of this chapter) may be cited as the
    'National Consumer Health Information and Health Promotion Act of
    1976'.''
      Section 201 of title II of Pub. L. 94-317 provided that: ''This
    title (amending sections 243, 247b, 247c, 4801, 4831, and 4841 to
    4843 of this title and enacting provisions set out as notes under
    sections 247b and 247c of this title) may be cited as the 'Disease
    Control Amendments of 1976'.''
      Pub. L. 94-278, Sec. 1(a), Apr. 22, 1976, 90 Stat. 401, provided
    that: ''This Act (enacting sections 217a-1, 289l-5, 300b, 300b-1 to
    300b-5 of this title and sections 350 and 378 of Title 21, Food and
    Drugs, and amending sections 213e, 225a, 234, 241, 247d, 254c, 287,
    287a to 287d, 287f to 287i, 289a, 289c-1, 289c-5, 289c-6, 289l-1,
    289l-2, 294b, 295g-23, 300c-11, 300l, 300p-3, 300s-1, 6062 and 6064
    of this title and sections 321, 333, 334 and 343 of Title 21, and
    enacting provisions set out as notes under sections 218, 287,
    289c-1, 289c-2, 289l-1, 300b and 6001 of this title and sections
    334 and 350 of Title 21) may be cited as the 'Health Research and
    Health Services Amendment of 1976'.''
      Pub. L. 94-278, title IV, Sec. 401, Apr. 22, 1976, 90 Stat. 407,
    provided that: ''This title (enacting part A of subchapter IX of
    this chapter, omitting former Part B of of subchapter IX of this
    chapter relating to Cooley's Anemia Programs, redesignating former
    Parts C and D of subchapter IX of this chapter as Parts B and C of
    subchapter IX of this chapter, respectively, and amending section
    300c-11 of this title) may be cited as the 'National Sickle Cell
    Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act'.''
      Pub. L. 94-278, title VI, Sec. 601, Apr. 22, 1976, 90 Stat. 413,
    provided that: ''This title (amending sections 289a, 289c-1,
    289c-5, and 289c-6 of this title and amending provisions set out as
    notes under section 289c-1 of this title) may be cited as the
    'National Arthritis Act Technical Amendments of 1976'.''
                       SHORT TITLE OF 1975 AMENDMENTS
      Pub. L. 94-63, title I, Sec. 101, July 29, 1975, 89 Stat. 304,
    provided that: ''This title (amending section 246 of this title and
    enacting provisions set out as a note under section 246 of this
    title) may be cited as the 'Special Health Revenue Sharing Act of
    1975'.''
      Pub. L. 94-63, title II, Sec. 201, July 29, 1975, 89 Stat. 306,
    provided that: ''This title (enacting sections 300a-6a and 300a-8
    of this title, amending sections 300, 300a-1 to 300a-4 of this
    title, and repealing section 3505c of this title) may be cited as
    the 'Family Planning and Population Research Act of 1975'.''
      Pub. L. 94-63, title IX, Sec. 901(a), July 29, 1975, 89 Stat.
    354, provided that: ''This title (enacting sections 296j to 296m
    and 298b-3 of this title, amending sections 296 to 296i, 297 to
    297e, 297g to 297h, 298 to 298b-2, 298c, 298c-1 and 298c-7 of this
    title, repealing sections 296g, 296i, 297f, 298c-7, and 298c-8 of
    this title, and enacting provisions set out as notes under sections
    296, 296a, 296d, 296e, 296m, 297, and 297b of this title and former
    section 297f of this title) may be cited as the 'Nurse Training Act
    of 1975'.''
      Pub. L. 93-641, Sec. 1, Jan. 4, 1975, 88 Stat. 2225, provided
    that: ''This Act (enacting subchapter XIII of this chapter amending
    section 300e-4 of this title, repealing section 247a of this title,
    and enacting provisions set out as notes under sections 217a, 229,
    291b, 300l-4, and 300m of this title) may be cited as the 'National
    Health Planning and Resources Development Act of 1974'.''
                       SHORT TITLE OF 1974 AMENDMENTS
      Pub. L. 93-640, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided
    that: ''This Act (enacting sections 289c-4, 289c-5, and 289c-6 of
    this title, amending sections 289a and 289c-1 of this title, and
    enacting provisions set out as notes under section 289c-1 of this
    title) may be cited as the 'National Arthritis Act of 1974'.''
      Pub. L. 93-523, Sec. 1, Dec. 16, 1974, 88 Stat. 1660, as amended
    by Pub. L. 104-182, title V, Sec. 501(e), Aug. 6, 1996, 110 Stat.
    1691, provided that: ''This Act (enacting subchapter XII of this
    chapter and section 349 of Title 21, Food and Drugs, amending this
    section, and enacting provisions set out as a note under section
    300f of this title) may be cited as the 'Safe Drinking Water Act of
    1974'.''
      Pub. L. 93-354, Sec. 1, July 23, 1974, 88 Stat. 373, provided
    that: ''This Act (enacting sections 289c-1a, 289c-2, and 289c-3 of
    this title, amending sections 247b and 289c-1 of this title, and
    enacting provisions set out as notes under section 289c-2 of this
    title) may be cited as the 'National Diabetes Mellitus Research and
    Education Act'.''
      Pub. L. 93-353, Sec. 1(a), July 23, 1974, 88 Stat. 362, provided
    that: ''This Act (enacting sections 242k, 242m to 242o, and 253b of
    this title, renumbering former sections 242i, 242j, 242f, 242d,
    242g, and 242h as sections 235, 236, 242l, 244-1, 245a, and 247d of
    this title, amending sections 236, 242b, 242c, 242l, 244-1, 245a,
    280b, 280b-1, 280b-2, 280b-4, 280b-5, and 280b-7 to 280b-9, and
    repealing sections 242e, 244, 244a, 245, 247, 280b-3, and 280b-12
    of this title, and enacting provisions set out as notes under
    sections 242m, 253b, and 280b of this title) may be cited as the
    'Health Services Research, Health Statistics, and Medical Libraries
    Act of 1974'.''
      Pub. L. 93-353, title I, Sec. 101, July 23, 1974, 88 Stat. 362,
    provided that: ''This title (enacting sections 242k, 242m to 242o,
    and 253b, renumbering former sections 242i, 242j, 242f, 242d, 242g,
    and 242h as sections 235, 236, 242l, 244-1, 245a, and 247d of this
    title, amending sections 236, 242b, 242c, 242l, 244-1, and 245a,
    repealing sections 242e, 244, 244a, 245, and 247 of this title, and
    enacting provisions set out as notes under sections 242m and 253b
    of this title) may be cited as the 'Health Services Research and
    Evaluation and Health Statistics Act of 1974'.''
      Pub. L. 93-352, title I, Sec. 101, July 23, 1974, 88 Stat. 358,
    provided that: ''This title (enacting section 289l-4 of this title,
    amending sections 241, 282, 286a, 286b, 286c, 286d, 286g, and 289l
    of this title, enacting provisions set out as notes under sections
    289l and 289l-1 of this title, and amending provisions set out as a
    note under this section) may be cited as the 'National Cancer Act
    Amendments of 1974'.''
      Pub. L. 93-348, title I, Sec. 1, July 12, 1974, 88 Stat. 342,
    provided that: ''This Act (enacting sections 289l-1 to 289l-3 of
    this title, amending sections 218, 241, 242a, 282, 286a, 286b,
    287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k, and 300a-7 of
    this title, and enacting provisions set out as notes under sections
    218, 241, 289l-1, and 289l-3 of this title) may be cited as the
    'National Research Act'.''
      Pub. L. 93-348, title I, Sec. 101, July 12, 1974, 88 Stat. 342,
    provided that: ''This title (enacting sections 289l-1 and 289l-2
    and amending sections 241, 242a, 282, 286a, 286b, 287a, 287b, 287d,
    288a, 289c, 289c-1, 289g, 289k, 295f-3, and 295h-9 of this title)
    may be cited as the 'National Research Service Award Act of
    1974'.''
      Pub. L. 93-296, Sec. 1, May 31, 1974, 88 Stat. 184, provided
    that: ''This Act (enacting Part H of subchapter III of this chapter
    and provisions set out as notes under section 289k-2 of this title)
    may be cited as the 'Research on Aging Act of 1974'.''
      Pub. L. 93-270, Sec. 1, Apr. 22, 1974, 88 Stat. 90, provided
    that: ''This Act (enacting part B of subchapter IX of this chapter,
    amending sections 289d and 289g of this title, and enacting
    provisions set out as a note under section 289g of this title) may
    be cited as the 'Sudden Infant Death Syndrome Act of 1974'.''
                       SHORT TITLE OF 1973 AMENDMENTS
      Pub. L. 93-222, Sec. 1, Dec. 29, 1973, 87 Stat. 914, provided in
    part that Pub. L. 93-222 (enacting subchapter XI of this chapter
    and section 280c of this title, amending section 2001 of this title
    and section 172 of Title 12, Bank and Banking, repealing section
    763c of Title 33, Navigation and Navigable Waters, enacting
    provisions set out as notes under sections 300e and 300e-1 of this
    title, amending provisions set out as notes under this section, and
    repealing provisions set out as notes under this section and
    sections 211a, 212a, and 222 of this title) shall be cited as the
    ''Health Maintenance Organization Act of 1973.''
      Pub. L. 93-154, Sec. 1, Nov. 16, 1973, 87 Stat. 594, provided
    that: ''This Act (enacting subchapter X of this chapter and section
    295f-6 of this title, amending sections 295f-2 and 295f-4 of this
    title, and enacting provisions set out as a note under this
    section) may be cited as the 'Emergency Medical Services Systems
    Act of 1973'.''
      Pub. L. 93-45, Sec. 1, June 18, 1973, 87 Stat. 91, provided that:
    ''This Act (enacting section 300a-7 of this title, amending
    sections 242b, 242c, 244-1, 245a, 246, 280b-4, 280b-5 280b-7,
    280b-8, 280b-9, 291a, 291j-1, 291j-5, 295h-1, 295h-2, 295h-3a,
    299a, 300, 300a-1, 300a-2, 300a-3, 2661, 2671, 2677, 2681, 2687,
    2688a, 2688d, 2688j-1, 2688j-2, 2688l, 2688l-1, 2688n-1, 2688o, and
    2688u of this title, and enacting provisions set out as amendment
    to note provisions under this section) may be cited as the 'Health
    Programs Extension Act of 1973'.''
                       SHORT TITLE OF 1972 AMENDMENTS
      Pub. L. 92-585, Sec. 1, Oct. 27, 1972, 86 Stat. 1290, provided
    that: ''This Act (enacting section 234 of this title, amending
    sections 254b and 294a of this title, and enacting provisions set
    out as a note under section 246 of this title) may be cited as the
    'Emergency Health Personnel Act Amendments of 1972'.''
      Pub. L. 92-449, Sec. 1, Sept. 30, 1972, 86 Stat. 748, provided
    that: ''This Act (enacting section 247c of this title, amending
    sections 247b and 300 of this title, and enacting provisions set
    out as notes under section 247c of this title) may be cited as the
    'Communicable Disease Control Amendments Act of 1972'.''
      Pub. L. 92-449, title II, Sec. 201, Sept. 30, 1972, 86 Stat. 750,
    provided that: ''This title (enacting section 247c of this title
    and provisions set out as notes under section 247c of this title)
    may be cited as the 'National Venereal Disease Prevention and
    Control Act'.''
      Pub. L. 92-423, Sec. 1, Sept. 19, 1972, 86 Stat. 679, provided
    that: ''This Act (enacting sections 287b to 287f and 287i of this
    title, amending sections 218, 241, 287, 287a, 287g, and 287h of
    this title, and enacting provisions set out as notes under section
    287 of this title) may be cited as the 'National Heart, Blood
    Vessel, Lung, and Blood Act of 1972'.''
                       SHORT TITLE OF 1971 AMENDMENTS
      Pub. L. 92-218, Sec. 1, Dec. 23, 1971, 85 Stat. 778, provided
    that: ''This Act (enacting sections 286a to 286g and 289l of this
    title, amending sections 218, 241, 282, 283, and 284 of this title,
    and enacting provisions set out as notes under sections 281, 286,
    and 289l of this title) may be cited as 'The National Cancer Act of
    1971'.''
      Pub. L. 92-158, Sec. 1(a), Nov. 18, 1971, 85 Stat. 465, provided
    that: ''This Act (enacting sections 296h, 296i, 297i, 298b-1, and
    298b-2 of this title, amending sections 296, 296a, 296b, 296c,
    296d, 296e, 296f, 296g, 297, 297a, 297b, 297c, 297e, 297f, 298,
    298b, 298c, and 298c-7 of this title and enacting provisions set
    out as notes under sections 296, 296a, 296d, 296e, 297b, and 298c
    of this title) may be cited as the 'Nurse Training Act of 1971'.''
      Pub. L. 92-157, title I, Sec. 101(a), Nov. 18, 1971, 85 Stat.
    431, provided that: ''This title (enacting sections 293i, 294g,
    295e-1 to 295e-5, 295f-5, 295g-11, 295g-21 to 295g-23, and 3505d of
    this title, amending sections 210 to 218, 242i, 254, 276, 277, 280,
    280a-1, 292b, 292d to 292f, 292h to 292j, 293 to 293e, 293g, 293h,
    294 to 294f, 295f to 295f-4, 295g, 295g-1, 295h-3d, 295h-4, 295h-8,
    295h-9, 1857c-6, 1857c-8, 1857f-6c, 1857h-5, and 2676 of this title
    and section 346a of Title 21, Food and Drugs, and enacting
    provisions set out as notes under section 295h-8 of this title) may
    be cited as the 'Comprehensive Health Manpower Training Act of
    1971'.''
                       SHORT TITLE OF 1970 AMENDMENTS
      Pub. L. 91-623, Sec. 1, Dec. 31, 1970, 84 Stat. 1868, provided:
    ''That this Act (enacting sections 233 and 254b of this title) may
    be cited as the 'Emergency Health Personnel Act of 1970'.''
      Pub. L. 91-572, Sec. 1, Dec. 24. 1970, 84 Stat. 1504, provided
    that: ''This Act (enacting sections 300 to 300a-6 and 3505a to
    3505c of this title, amending sections 211a, 212a of this title and
    section 763c of Title 33, Navigation and Navigable Waters, and
    enacting provisions set out as notes under sections 201, 222, and
    300 of this title) may be cited as the 'Family Planning Services
    and Population Research Act of 1970'.''
      Pub. L. 91-519, Sec. 1, Nov. 2, 1970, 84 Stat. 1342, provided
    that: ''This Act (enacting sections 295h-3a to 295h-3d, 295h-8, and
    296h-9 of this title, amending sections 295f-1, 295f-2, 295h to
    295h-2, 295h-4, and 295h-7 of this title, repealing section 295h-3
    of this title, and enacting provisions set out as notes under
    sections 295f-1, 295-f2, and 295h-4 of this title) may be cited as
    the 'Health Training Improvement Act of 1970'.''
      Pub. L. 91-515, title I, Sec. 101, Oct. 30, 1970, 84 Stat. 1297,
    provided that: ''This title (amending sections 299 to 299g, 299i,
    and 299j of this title) may be cited as the 'Heart Disease, Cancer,
    Stroke, and Kidney Disease Amendments of 1970'.''
      Pub. L. 91-464, Sec. 1, Oct. 16, 1970, 91 Stat. 988, provided:
    ''That this Act (amending section 247b of this title) may be cited
    as the 'Communicable Disease Control Amendments of 1970'.''
      Pub. L. 91-296, Sec. 1(a), June 30, 1970, 84 Stat. 336, provided
    that: ''This Act (enacting sections 229b, 291j-1 to 291j-10, and
    291o-1 of this title, amending sections 291a, 242b, 245a, 246, 291
    note, 291b, 291c, 291d, 291e, 291f, 291i, 291k to 291m-1, 291o, and
    299a of this title and section 1717 of Title 12, Banks and Banking,
    enacting provisions set out as notes under this section and
    sections 242, 245a, 246, 291a, 291b, 291c, 291e, 291f, 291o,
    295h-6, and 2688p of this title, and repealing sections 295h-6 and
    2688p of this title) may be cited as the 'Medical Facilities
    Construction and Modernization Amendments of 1970'.''
      Section 1 of Pub. L. 91-212 provided that: ''This Act (enacting
    section 280b-12 of this title and amending this section and
    sections 276 to 278, 280, 280a-1, 280b, 280b-2 to 280b-9, and
    280b-11 of this title) may be cited as the 'Medical Library
    Assistance Extension Act of 1970'.''
                       SHORT TITLE OF 1968 AMENDMENTS
      Pub. L. 90-574, title IV, Sec. 401, Oct. 15, 1968, 82 Stat. 1011,
    provided that: ''This title (amending sections 291a and 291b of
    this title) may be cited as the 'Hospital and Medical Facilities
    Construction and Modernization Assistance Amendments of 1968'.''
      Pub. L. 90-490, Sec. 1, Aug. 16, 1968, 82 Stat. 773, provided:
    ''That this Act (enacting sections 294f, 295g-1, 295h-6, 295h-7,
    296f, 296g, and 297h of this title, amending sections 242d, 242g,
    292b to 292e, 293 to 293d, 294 to 294d, 295f to 295f-4, 295g, 295h
    to 295h-3, 296 to 296b, 296d, 296e, 297 to 297f, 298b, 298c, and
    298c-1 of this title, omitting sections 298c-2 to 298c-6 of this
    title, and enacting provisions set out as notes under sections
    292b, 292e, 293 to 293c, 294f, 295f, 295f-2, 295g, 296, 296d, 296f,
    and 297a of this title) may be cited as the 'Health Manpower Act of
    1968'.''
                       SHORT TITLE OF 1967 AMENDMENTS
      Pub. L. 90-174, Sec. 1, Dec. 5, 1967, 81 Stat. 533, provided:
    ''That this Act (enacting sections 217b, 254a, 263a, and 291m-1 of
    this title, amending sections 241, 242, 242b, 243, 244, 246, 249,
    251, 293e, 295h-4, and 296e of this title, repealing section 291n
    of this title, and enacting provisions set out as notes under this
    section and sections 242b, 242c, 246, 263a, and 296e of this title)
    may be cited as the 'Partnership for Health Amendments of 1967'.''
      Pub. L. 90-174, Sec. 5(c), Dec. 5, 1967, 81 Stat. 539, provided
    that: ''This section (enacting section 263a of this title and
    provisions set out as notes under section 263a of this title) may
    be cited as the 'Clinical Laboratories Improvement Act of 1967'.''
      Pub. L. 90-31, Sec. 1, June 24, 1967, 81 Stat. 79, provided:
    ''That this Act (enacting section 225a of this title and amending
    sections 2681, 2684, 2687, 2688a, 2688d, and 2691 of this title)
    may be cited as the 'Mental Health Amendments of 1967'.''
                       SHORT TITLE OF 1966 AMENDMENTS
      Pub. L. 89-751, Sec. 1, Nov. 3, 1966, 80 Stat. 1222, provided:
    ''That this Act (enacting sections 295h to 295h-5 and 298c to
    298c-8 of this title, amending sections 292b, 294d, 294n to 294p,
    296, 297c to 297f, and 298 of this title and section 1717 of Title
    12, Banks and Banking, and enacting provisions set out as notes
    under sections 294, 294d, 297c, and 297f of this title) may be
    cited as the 'Allied Health Professions Personnel Training Act of
    1966'.''
      Pub. L. 89-749, Sec. 1, Nov. 3, 1966, 80 Stat. 1180, provided:
    ''That this Act (amending 243, 245a, and 246 of this title,
    repealing sections 247a and 247c of this title, and enacting
    provisions set out as notes under this section and sections 243 and
    245a of this title) may be cited as the 'Comprehensive Health
    Planning and Public Health Services Amendments of 1966'.''
      Pub. L. 89-709, Sec. 1, Nov. 2, 1966, 80 Stat. 1103, provided:
    ''That this Act (amending sections 293, 293a, 293d, 293e, 294,
    294a, and 294b of this title) may be cited as the 'Veterinary
    Medical Education Act of 1966'.''
                       SHORT TITLE OF 1965 AMENDMENTS
      Section 1 of Pub. L. 89-291, Oct. 22, 1965, 79 Stat. 1059,
    provided that: ''This Act (enacting section 280a-1 of this title
    and Part J of subchapter II of this chapter and amending section
    277 of this title) may be cited as the 'Medical Library Assistance
    Act of 1965'.''
      Pub. L. 89-290, Sec. 1, Oct. 22, 1965, 79 Stat. 1052, provided
    that: ''This Act (enacting sections 295f to 295f-4 and 295g of this
    title and amending sections 293, 293a, 293d, 294 to 294d, 297b, and
    298b of this title) may be cited as the 'Health Professions
    Educational Assistance Amendments of 1965'.''
      Pub. L. 89-239, Sec. 1, Oct. 6, 1965, 79 Stat. 926, provided:
    ''That this Act (enacting sections 299 to 299i of this title,
    amending sections 211a and 212a of this title, sections 757, 790,
    800 of former Title 5, Executive Departments and Government
    Officers and Employees, and section 763c of Title 33, Navigation
    and Navigable Waters, and enacting provisions set out as notes
    under sections 201, 214, 222, and 249 of this title) may be cited
    as the 'Heart Disease, Cancer, and Stroke Amendments of 1965'.''
      Pub. L. 89-115, Sec. 1, Aug. 9, 1965, 79 Stat. 448, provided:
    ''That this Act (amending sections 241, 292c, and 292d of this
    title and section 2211 of former Title 5, Executive Departments and
    Government Officers and Employees, and enacting section 623h of
    former Title 5 and provisions set out as a note thereunder) may be
    cited as the 'Health Research Facilities Amendments of 1965'.''
      Pub. L. 89-109, Sec. 1, Aug. 5, 1965, 79 Stat. 435, provided:
    ''That this Act (amending sections 246, 247a, 247b, and 247d of
    this title) may be cited as the 'Community Health Services
    Extension Amendments of 1965'.''
                       SHORT TITLE OF 1964 AMENDMENTS
      Pub. L. 88-581, Sec. 1, Sept. 4, 1964, 78 Stat. 908, provided:
    ''That this Act (enacting subchapter VI of this chapter, amending
    sections 291c, 291o, 293, 293a, 293e, and 293h of this title, and
    enacting provisions set out as notes under sections 201, 211a,
    212a, 222, 291c, 293, 293e, and 293h of this title, sections 757,
    790, and 800 of former Title 5, Executive Departments and
    Government Officers and Employees, and section 763c of Title 33,
    Navigation and Navigable Waters) may be cited as the 'Nurse
    Training Act of 1964'.''
      Pub. L. 88-497, Sec. 1, Aug. 27, 1964, 78 Stat. 613, provided
    that: ''This Act (amending sections 244-1 and 245a of this title)
    may be cited as the 'Graduate Public Health Training Amendments of
    1964'.''
      Pub. L. 88-443, Sec. 1, Aug. 18, 1964, 78 Stat. 447, provided
    that: ''This Act (enacting sections 247c, 291 to 291j, 291k to
    291m, 291n, and 291o of this title and enacting provisions set out
    as notes under section 291 of this title) may be cited as the
    'Hospital and Medical Facilities Amendments of 1964'.''
                       SHORT TITLE OF 1963 AMENDMENT
      Pub. L. 88-129, Sec. 1, Sept. 24, 1963, 77 Stat. 164, provided:
    ''That this Act (enacting sections 292j, 293 to 293h, and 294 to
    294e and amending sections 292 to 292b and 292d to 292i of this
    title) may be cited as the 'Health Professions Educational
    Assistance Act of 1963'.''
                       SHORT TITLE OF 1962 AMENDMENT
      Pub. L. 87-868, Sec. 1, Oct. 23, 1962, 76 Stat. 1155, provided
    that this Act (enacting section 247b of this title) may be cited as
    the ''Vaccination Assistance Act of 1962.''
                       SHORT TITLE OF 1961 AMENDMENT
      Pub. L. 87-395, Sec. 1, Oct. 5, 1961, 75 Stat. 824, provided:
    ''That this Act (enacting section 247a of this title, amending
    sections 246, 289c, 291i, 291n, 291s, 291t, 291w, and 292c to 292g
    of this title, and enacting provisions set out as a note under
    section 291s of this title) may be cited as the 'Community Health
    Services and Facilities Act of 1961'.''
                       SHORT TITLE OF 1960 AMENDMENT
      Section 1 of Pub. L. 86-415, Apr. 8, 1960, 74 Stat. 32, provided:
    ''That this Act (amending this section and sections 209, 210, 211,
    212, 253, and 415 of this title and section 2251 of former Title 5,
    Executive Departments and Government Officers and Employees, and
    enacting provisions set out as notes under sections 209 and 212 of
    this title and section 2253 of former Title 5) may be cited as the
    'Public Health Service Commissioned Corps Personnel Act of 1960'.''
                       SHORT TITLE OF 1956 AMENDMENTS
      Section 2 of act Aug. 3, 1956, ch. 907, 70 Stat. 962, provided
    that: ''This Act (enacting part I of subchapter II of this chapter)
    may be cited as the 'National Library of Medicine Act'.''
      Act July 3, 1956, ch. 510, Sec. 1, 70 Stat. 490, provided that:
    ''This Act (enacting section 246 of this title, amended section 241
    of this title, and enacting provisions set out as a note under
    section 246 of this title) may be cited as the 'National Health
    Survey Act'.''
                       SHORT TITLE OF 1955 AMENDMENT
      Joint Res. July 28, 1955, ch. 417, Sec. 1, 69 Stat. 382, provided
    that: ''This joint resolution (enacting section 242b of this title
    and provisions set out as a note under section 242b of this title)
    may be cited as the 'Mental Health Study Act of 1955'.''
                       SHORT TITLE OF 1948 AMENDMENTS
      Section 1 of act June 24, 1948, provided that: ''This Act
    (enacting part C of subchapter III of this chapter and amending
    this section and sections 210, 218, and 241 of this title) may be
    cited as the 'National Dental Research Act'.''
      Section 1 of act June 16, 1948, provided that: ''This Act
    (enacting sections 287 to 287c of this title and amending this
    section and sections 203, 206, 210, 218, 219, 241, 246, 281, 283,
    and 286 of this title) may be cited as the 'National Heart Act'.''
                       SHORT TITLE OF 1946 AMENDMENT
      Section 1 of act July 3, 1946, provided: ''That this Act
    (enacting sections 232 and 242a of this title, amending this
    section and sections 209, 210, 215, 218, 219, 241, 244, and 246 of
    this title, and enacting provisions set out as a note under this
    section) may be cited as the 'National Mental Health Act'.''
                                SHORT TITLE
      Section 1 of act July 1, 1944, as amended by acts Aug. 13, 1946,
    ch. 958, Sec. 4, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(a),
    70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(a), 78 Stat.
    919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(a), 79 Stat. 930; Dec.
    24, 1970, Pub. L. 91-572, Sec. 6(a), 84 Stat. 1506; May 16, 1972,
    Pub. L. 92-294, Sec. 3(a), 86 Stat. 137; Nov. 16, 1973, Pub. L.
    93-154, Sec. 2(b)(1), 87 Stat. 604; Dec. 29, 1973, Pub. L. 93-222,
    Sec. 7(a), 87 Stat. 936, provided that: ''This Act (enacting this
    chapter) may be cited as the 'Public Health Service Act'.''
      Section 329 of act July 1, 1944, formerly Sec. 310, as added by
    Pub. L. 87-692, Sept. 25, 1962, 76 Stat. 592, amended and
    renumbered, formerly classified to section 254b of this title, was
    popularly known as the ''Migrant Health Act''.
      Section 1400 of title XIV of act July 1, 1944, as added Aug. 6,
    1996, Pub. L. 104-182, title V, Sec. 501(e), 110 Stat. 1691,
    provided that: ''This title (enacting subchapter XII of this
    chapter) may be cited as the 'Safe Drinking Water Act'.''
                  RENUMBERING AND REPEAL OF REPEALING ACT
      Section 1313, formerly Sec. 611, of act July 1, 1944, renumbered
    Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec.
    713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813
    by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by
    Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013
    by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113
    by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506, Sec.
    1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec.
    1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604,
    repealed and amended sections in this title and in Title 8, Aliens
    and Nationality, Title 14, Coast Guard, Title 21, Food and Drugs,
    Title 24, Hospitals and Asylums, former Title 31, Money and
    Finance, Title 33, Navigation and Navigable Waters, former Title
    34, Navy, Title 44, Public Printing and Documents, former Title 46,
    Shipping, Title 48, Territories and Insular Possessions, and former
    Title 49, Transportation, and was itself repealed by Pub. L.
    93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936.
                             SAVINGS PROVISION
      Section 1314, formerly Sec. 612, of act July 1, 1944, as
    renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049;
    Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; July 30, 1956, ch.
    779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec.
    4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79
    Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506;
    May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16,
    1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, provided that the
    repeal of statutes and parts of statutes by sections 1313, formerly
    Sec. 611, of act July 1, 1944, not affect any act done, right
    accruing or accrued, or suit or proceeding had or commenced in any
    civil cause before such repeal, and was repealed by Pub. L. 93-222,
    Sec. 7(b), Dec. 29, 1973, 87 Stat. 936.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3, of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-MISC5-
       CONGRESSIONAL DECLARATION OF PURPOSE FOR COMPREHENSIVE ALCOHOL
        ABUSE, DRUG ABUSE, AND MENTAL HEALTH AMENDMENTS ACT OF 1988
      Pub. L. 100-690, title II, Sec. 2012, Nov. 18, 1988, 102 Stat.
    4193, provided that: ''The purposes of this subtitle (subtitle A
    (Sec. 2011-2081) of title II of Pub. L. 100-690, see Tables for
    classification) with respect to substance abuse are -
        ''(1) to prevent the transmission of the etiologic agent for
      acquired immune deficiency syndrome by ensuring that treatment
      services for intravenous drug abuse are available to intravenous
      drug abusers;
        ''(2) to continue the Federal Government's partnership with the
      States in the development, maintenance, and improvement of
      community-based alcohol and drug abuse programs;
        ''(3) to provide financial and technical assistance to the
      States and communities in their efforts to develop and maintain a
      core of prevention services for the purpose of reducing the
      incidence of substance abuse and the demand for alcohol and drug
      abuse treatment;
        ''(4) to assist and encourage States in the initiation and
      expansion of prevention and treatment services to underserved
      populations;
        ''(5) to increase, to the greatest extent possible, the
      availability and quality of treatment services so that treatment
      on request may be provided to all individuals desiring to rid
      themselves of their substance abuse problem; and
        ''(6) to increase understanding about the extent of alcohol
      abuse and other forms of drug abuse by expanding data collection
      activities and supporting research on the comparative cost and
      efficacy of substance abuse prevention and treatment services.''
                        PURPOSE OF ACT JULY 3, 1946
      Section 2 of act July 3, 1946, provided: ''The purpose of this
    Act (see Short Title of 1946 Amendment note above) is the
    improvement of the mental health of the people of the United States
    through the conducting of researches, investigations, experiments,
    and demonstrations relating to the cause, diagnosis, and treatment
    of psychiatric disorders; assisting and fostering such research
    activities by public and private agencies, and promoting the
    coordination of all such researches and activities and the useful
    application of their results; training personnel in matters
    relating to mental health; and developing, and assisting States in
    the use of, the most effective methods of prevention, diagnosis,
    and treatment of psychiatric disorders.''
    EXISTING POSITIONS, PROCEDURES, REGULATIONS, FUNDS, APPROPRIATIONS,
                                AND PROPERTY
      Sections 1301 to 1303, formerly Sec. 601 to 603, of act July 1,
    1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60
    Stat. 1049; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept.
    3, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965,
    Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L.
    91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294,
    Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec.
    2(b)(2), 87 Stat. 604, related to the effect of this chapter on
    existing positions, procedures, regulations, funds, appropriations,
    and property, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec.
    29, 1973, 87 Stat. 936.
       APPROPRIATIONS FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES
      Section 1304, formerly Sec. 604, of act July 1, 1944, as
    renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049;
    July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964,
    Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L.
    89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572,
    Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b),
    86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat.
    604, authorized annual appropriations during World War II and
    during period of demobilization to conduct health and sanitation
    activities in military, naval, or industrial areas, and was
    repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936.
    Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided
    that in the interpretation of section 1004 of act July 1, 1944, the
    date July 25, 1947, shall be deemed to be the date of termination
    of any state of war theretofore declared by Congress and of the
    national emergencies proclaimed by the President on September 8,
    1939, and May 27, 1941.
                       AVAILABILITY OF APPROPRIATIONS
      Pub. L. 91-296, title VI, Sec. 601, June 30, 1970, 84 Stat. 353,
    as amended Pub. L. 93-45, title IV, Sec. 401(a), June 18, 1973, 87
    Stat. 95; Pub. L. 93-352, title I, Sec. 113, July 23, 1974, 88
    Stat. 360, provided that: ''Notwithstanding any other provision of
    law, unless enacted after the enactment of this Act (June 30, 1970)
    expressly in limitation of the provisions of this section, funds
    appropriated for any fiscal year to carry out any program for which
    appropriations are authorized by the Public Health Service Act
    (Public Law 410, Seventy-eighth Congress, as amended) (this
    chapter) or the Mental Retardation Facilities and Community Mental
    Health Centers Construction Act of 1963 (Public Law 88-164, as
    amended) (sections 2689 et seq. and 6001 et seq. of this title)
    shall remain available for obligation and expenditure until the end
    of such fiscal year.''
                           FEDERAL ACCOUNTABILITY
      Pub. L. 102-321, title II, Sec. 203(b), July 10, 1992, 106 Stat.
    410, provided that: ''Any rule or regulation of the Department of
    Health and Human Services that is inconsistent with the amendments
    made by this Act (see Tables for classification) shall not have any
    legal effect, including section 50(e) of part 96 of title 45, Code
    of Federal Regulations (45 CFR 96.50(e)).''
                            HAZARDOUS SUBSTANCES
      Federal Hazardous Substances Act as not modifying this chapter,
    see Pub. L. 86-613, Sec. 18, July 12, 1960, 74 Stat. 380, set out
    as a note under section 1261 of Title 15, Commerce and Trade.
 
-CROSS-
                        DEFINITION OF ''SECRETARY''
      Pub. L. 90-574, title V, Sec. 507, Oct. 15, 1968, 82 Stat. 1013,
    as amended by Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695,
    provided that: ''As used in the amendments made by this Act
    (enacting sections 229a, 299j, 2688e to 2688q, and 2697a of this
    title, amending sections 210g, 242h, 291a, 291b, 299a to 299e,
    2693, and 3259 of this title, repealing section 3442 of this title,
    and enacting provisions set out as notes under sections 291a,
    2688e, 3442 of this title, section 278 of Title 22, Foreign
    Relations and Intercourse, and section 3681 of Title 38, Veterans'
    Benefits), the term 'Secretary' means the Secretary of Health and
    Human Services.''
      Pub. L. 90-174, Sec. 15, Dec. 5, 1967, 81 Stat. 542, as amended
    by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
    695, provided that: ''As used in the amendments made by this Act
    (enacting sections 217b, 243(c), 251(b), 254a, 263a, and 291m-1 and
    amending sections 242b, 242g(c), 246(d)(1), (e), and 296e(c)(1) of
    this title) the term 'Secretary' means the Secretary of Health and
    Human Services.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 18 section 3672.
 
-CITE-
    42 USC Part A - Administration                               01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
    .
 
-HEAD-
    Part A - Administration
 
-CITE-
    42 USC Sec. 202                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 202. Administration and supervision of Service
 
-STATUTE-
      The Public Health Service in the Department of Health and Human
    Services shall be administered by the Assistant Secretary for
    Health under the supervision and direction of the Secretary.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 201, 58 Stat. 683; 1953
    Reorg. Plan No. 1, Sec. 5, 8 eff.  Apr. 11, 1953, 18 F.R. 2053, 67
    Stat. 631; Pub. L. 103-43, title XX, Sec. 2008(f), June 10, 1993,
    107 Stat. 212.)
 
-MISC1-
                                 AMENDMENTS
      1993 - Pub. L. 103-43 substituted ''Health and Human Services''
    for ''Health, Education, and Welfare'' and ''Assistant Secretary
    for Health'' for ''Surgeon General''.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20, Education.
 
-MISC5-
                    INTERNATIONAL HEALTH ADMINISTRATION
      Ex. Ord. No. 10399, Sept. 27, 1952, 17 F.R. 8648, designated
    Surgeon General to perform certain duties under International
    Sanitary Regulations of World Health Organization.
                     REORGANIZATION PLAN NO. 3 OF 1966
              EFF. JUNE 25, 1966, 31 F.R. 8855, 80 STAT. 1610
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 25, 1966,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended (see 5 U.S.C. 901 et seq.).
                           PUBLIC HEALTH SERVICE
                      SECTION 1. TRANSFER OF FUNCTIONS
      (a) Except as otherwise provided in subsection (b) of this
    section, there are hereby transferred to the Secretary of Health,
    Education, and Welfare (hereinafter referred to as the Secretary)
    all functions of the Public Health Service, of the Surgeon General
    of the Public Health Service, and of all other officers and
    employees of the Public Health Service, and all functions of all
    agencies of or in the Public Health Service.
      (b) This section shall not apply to the functions vested by law
    in any advisory council, board, or committee of or in the Public
    Health Service which is established by law or is required by law to
    be established.
                SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS
      The Secretary may from time to time make such provisions as he
    shall deem appropriate authorizing the performance of any of the
    functions transferred to him by the provisions of this
    reorganization plan by any officer, employee, or agency of the
    Public Health Service or of the Department of Health, Education,
    and Welfare.
                             SEC. 3. ABOLITIONS
      (a) The following agencies of the Public Health Service are
    hereby abolished:
      (1) The Bureau of Medical Services, including the office of Chief
    of the Bureau of Medical Services.
      (2) The Bureau of State Services, including the office of Chief
    of the Bureau of State Services.
      (3) The agency designated as the National Institutes of Health
    (42 U.S.C. 203), including the office of Director of the National
    Institutes of Health (42 U.S.C. 206(b)) but excluding the several
    research Institutes in the agency designated as the National
    Institutes of Health.
      (4) The agency designated as the Office of the Surgeon General
    (42 U.S.C. 203(1)), together with the office held by the Deputy
    Surgeon General (42 U.S.C. 206(a)).
      (b) The Secretary shall make such provisions as he shall deem
    necessary respecting the winding up of any outstanding affairs of
    the agencies abolished by the provisions of this section.
                        SEC. 4. INCIDENTAL TRANSFERS
      As he may deem necessary in order to carry out the provisions of
    this reorganization plan, the Secretary may from time to time
    effect transfers within the Department of Health, Education, and
    Welfare of any of the records, property, personnel and unexpended
    balances (available or to be made available) of appropriations,
    allocations, and other funds of the Department which relate to
    functions affected by this reorganization plan.
      (The Secretary and Department of Health, Education, and Welfare
    were redesignated the Secretary and Department of Health and Human
    Services, respectively, by 20 U.S.C. 3508.)
                          MESSAGE OF THE PRESIDENT
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1966, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for reorganization of health functions of the Department
    of Health, Education, and Welfare.
                                     I
      Today we face new challenges and unparalleled opportunities in
    the field of health.  Building on the progress of the past several
    years, we have truly begun to match the achievements of our
    medicine to the needs of our people.
      The task ahead is immense.  As a nation, we will unceasingly
    pursue our research and learning, our training and building, our
    testing and treatment.  But now our concern must also turn to the
    organization of our Federal health programs.
      As citizens we are entitled to the very best health services our
    resources can provide.
      As taxpayers, we demand the most efficient and economic health
    organizations that can be devised.
      I ask the Congress to approve a reorganization plan to bring new
    strength to the administration of Federal health programs.
      I propose a series of changes in the organization of the Public
    Health Service that will bring to all Americans a structure modern
    in design, more efficient in operation and better prepared to meet
    the great and growing needs of the future.  Through such
    improvements we can achieve the full promise of the landmark health
    legislation enacted by the 89th Congress.
      I do not propose these changes lightly.  They follow a period of
    careful deliberation.  For many months the Secretary of Health,
    Education, and Welfare, and the Surgeon General have consulted
    leading experts in the Nation - physicians, administrators,
    scientists, and public health specialists.  They have confirmed my
    belief that modernization and reorganization of the Public Health
    Service are urgently required and long overdue.
                                     II
      The Public Health Service is an operating agency of the
    Department of Health, Education, and Welfare. It is the principal
    arm of the Federal Government in the field of health.  Its programs
    are among those most vital to our well-being.
      Since 1953 more than 50 new programs have been placed in the
    Public Health Service. Its budget over the past 12 years has
    increased tenfold - from $250 million to $2.4 billion.
      Today the organization of the Public Health Service is clearly
    obsolete.  The requirement that new and expanding programs be
    administered through an organizational structure established by law
    more than two decades ago stands as a major obstacle to the
    fulfillment of our Nation's health goals.
      As presently constituted, the Public Health Service is composed
    of four major components:
        National Institutes of Health.
        Bureau of State Services.
        Bureau of Medical Services.
        Office of the Surgeon General.
    Under present law, Public Health Service functions must be assigned
    only to these four components.
      This structure was designed to provide separate administrative
    arrangements for health research, programs of State and local aid,
    health services, and executive staff resources.  At a time when
    these functions could be neatly compartmentalized, the structure
    was adequate.  But today the situation is different.
      Under recent legislation many new programs provide for an
    integrated attack on specific disease problems or health hazards in
    the environment by combining health services, State and local aid,
    and research.  Each new program of this type necessarily is
    assigned to one of the three operating components of the Public
    Health Service. Yet none of these components is intended to
    administer programs involving such a variety of approaches.
      Our health problems are difficult enough without having them
    complicated by outmoded organizational arrangements.
      But if we merely take the step of integrating the four agencies
    within the Public Health Service we will not go far enough.  More
    is required.
                                    III
      The Department of Health, Education, and Welfare performs major
    health or health-related functions which are not carried out
    through the Public Health Service, although they are closely
    related to its functions.  Among these are:
        Health insurance for the aged, administered through the Social
      Security Administration;
        Medical assistance for the needy, administered through the
      Welfare Administration;
        Regulation of the manufacture, labeling, and distribution of
      drugs, carried out through the Food and Drug Administration; and
        Grants-in-aid to States for vocational rehabilitation of the
      handicapped, administered by the Vocational Rehabilitation
      Administration.
      Expenditures for health and health-related programs of the
    Department administered outside the Public Health Service have
    increased from $44 million in 1953 to an estimated $5.4 billion in
    1967.
      As the head of the Department, the Secretary of Health,
    Education, and Welfare is responsible for the Administration and
    coordination of all the Department's health functions.  He has
    clear authority over the programs I have just mentioned.
      But today he lacks this essential authority over the Public
    Health Service. The functions of that agency are vested in the
    Surgeon General and not in the Secretary.
      This diffusion of responsibility is unsound and unwise.
      To secure the highest possible level of health services for the
    American people the Secretary of Health, Education, and Welfare
    must be given the authority to establish - and modify as necessary
    - the organizational structure for Public Health Service programs.
      He must also have the authority to coordinate health functions
    throughout the Department. The reorganization plan I propose will
    accomplish these purposes.  It will provide the Secretary with the
    flexibility to create new and responsive organizational
    arrangements to keep pace with the changing and dynamic nature of
    our health programs.
      My views in this respect follow a basic principle of good
    government set by the Hoover Commission in 1949 when it recommended
    that ''the Department head should be given authority to determine
    the organization within his Department.''
                                     IV
      In summary, the reorganization plan would:
        Transfer to the Secretary of Health, Education, and Welfare the
      functions now vested in the Surgeon General of the Public Health
      Service and in its various subordinate units (this transfer will
      not affect certain statutory advisory bodies such as the National
      Advisory Cancer and Heart Councils);
        Abolish the four principal statutory components of the Public
      Health Service, including the offices held by their heads (the
      Bureau of Medical Services, the Bureau of State Services, the
      National Institutes of Health exclusive of its several research
      institutes such as the National Cancer and Heart Institutes, and
      the Office of the Surgeon General); and
        Authorize the Secretary to assign the functions transferred to
      him by the plan to officials and entities of the Public Health
      Service and to other agencies of the Department as he deems
      appropriate.
    Thus, the Secretary would be -
        Enabled to assure that all health functions of the Department
      are carried out as effectively and economically as possible;
        Given authority commensurate with his responsibility; and
        Made responsible in fact for matters for which he is now, in
      any case, held accountable by the President, the Congress, and
      the people.
                                     V
      I have found, after investigation, that each reorganization
    included in the accompanying reorganization plan is necessary to
    accomplish one or more of the purposes set forth in section 2(a) of
    the Reorganization Act of 1949, as amended.
      Should the reorganizations in the accompanying reorganization
    plan take effect, they will make possible more effective and
    efficient administration of the affected health programs.  It is,
    however, not practicable at this time to itemize the reductions in
    expenditures which may result.
      I strongly recommend that the Congress allow the reorganization
    plan to become effective.                         Lyndon B. Johnson.
      The White House, April 25, 1966.
 
-EXEC-
                         EXECUTIVE ORDER NO. 10506
      Ex. Ord. No. 10506, Dec. 10, 1953, 18 F.R. 8219, which delegated
    certain functions of the President relating to the Public Health
    Service, was superseded by Ex. Ord. No. 11140, Jan. 30, 1964, 29
    F.R. 1637, set out below.
                EX. ORD. NO. 11140. DELEGATION OF FUNCTIONS
      Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended by
    Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
      By virtue of the authority vested in me by Section 301 of Title 3
    of the United States Code, and as President of the United States,
    it is ordered as follows:
      Section 1. The Secretary of Health and Human Services is hereby
    authorized and empowered, without the approval, ratification, or
    other action of the President, to perform the following-described
    functions vested in the President under the Public Health Service
    Act (58 Stat. 682), as amended (this chapter):
      (a) The authority under Section 203 (42 U.S.C. 204): to appoint
    commissioned officers of the Reserve Corps.
      (b) The authority under Section 206(b) (42 U.S.C. 207(b)) to
    prescribe titles, appropriate to the several grades, for
    commissioned officers of the Public Health Service other than
    medical officers.
      (c) The authority under Section 207(a)(2) (42 U.S.C. 209(a)(2))
    to terminate commissions of officers of the Reserve Corps without
    the consent of the officers concerned.
      (d) The authority under Section 210(a), (k), and (l) (42 U.S.C.
    211(a), (k), and (l)) to make or terminate temporary promotions of
    commissioned officers of the Regular Corps and Reserve Corps.
      (e) The authority under Section 211(a)(5) (42 U.S.C. 212(a)(5))
    to approve voluntary retirements under that section.
      (f) The authority to prescribe regulations under the
    following-designated Sections: 207(a), 207(b), 208(e), 210(a),
    210(b), 210(d)(1), 210(h), 210(i), 210(j)(1), 210(k), 215(a),
    218(a), 219(a), and 510 (42 U.S.C. 209(a), 209(b), 210(e), 211(a),
    211(b), 211(d)(1), 211(h), 211(i), 211(j)(1), 211(k), 216(a),
    218a(a), 210-1(a), and 228).
      (g) The authority under Sections 321(a) and 364(a) (42 U.S.C.
    248(a) and 267(a)) to approve the selection of suitable sites for
    and the establishment of additional institutions, hospitals,
    stations, grounds, and anchorages; subject, however, to the
    approval of the Director of the Office of Management and Budget,
    except as he may otherwise provide.
      Sec. 2. The Surgeon General is hereby authorized and empowered,
    without the approval, ratification, or other action of the
    President, to perform the function vested in the President by
    Sections 203 and 207(a)(2) of the Public Health Service Act (58
    Stat. 683, 685), as amended (42 U.S.C. 204 and 209(a)(2)), or
    otherwise, of accepting voluntary resignations of commissioned
    officers of the Regular Corps or the Reserve Corps.
      Sec. 3. The Secretary of Health and Human Services is hereby
    authorized and empowered, without the approval, ratification, or
    other action of the President, to exercise the authority vested in
    the President by Section 704 of Title 37 of the United States Code
    to prescribe regulations.
      Sec. 4. The Secretary of Health and Human Services is hereby
    authorized to redelegate all or any part of the functions set forth
    under (a), (b), (c), and (d) of Section 1 hereof to the Surgeon
    General of the Public Health Service or other official of that
    Service who is required to be appointed by and with the advice and
    consent of the Senate.
      Sec. 5. All actions heretofore taken by appropriate authority
    with respect to the matters affected by this order and in force at
    the time of the issuance of this order, including any regulations
    prescribed or approved with respect to such matters, shall, except
    as they may be inconsistent with the provisions of this order,
    remain in effect until amended, modified, or revoked pursuant to
    the authority conferred by this order.
      Sec. 6. As used in this order, the term ''functions'' embraces
    duties, powers, responsibilities, authority, or discretion, and the
    term ''perform'' may be construed to mean ''exercise''.
      Sec. 7. (a) Executive Order No. 10506 of December 10, 1953,
    entitled ''Delegating Certain Functions of the President under the
    Public Health Service Act,'' is hereby superseded.
      (b) Executive Orders Nos. 9993 of August 31, 1948, 10031 of
    January 26, 1949, 10280 of August 16, 1951, 10354 of May 26, 1952,
    and 10497 of October 27, 1953, which prescribed regulations
    relating to commissioned officers and employees of the Public
    Health Service, are hereby revoked.  Nothing in this subsection
    shall be deemed to alter or otherwise affect the regulations
    prescribed by the Surgeon General (42 CFR Parts 21 and 22) to
    replace the regulations prescribed by the orders described in the
    preceding sentence.
 
-CITE-
    42 USC Sec. 203                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 203. Organization of Service
 
-STATUTE-
      The Service shall consist of (1) the Office of the Surgeon
    General, (2) the National Institutes of Health, (3) the Bureau of
    Medical Services, and (FOOTNOTE 1) (4) the Bureau of State
    Services, and (FOOTNOTE 2) the Agency for Health Care Policy and
    Research. The Secretary is authorized and directed to assign to the
    Office of the Surgeon General, (FOOTNOTE 3) to the National
    Institutes of Health, to the Bureau of Medical Services, and to the
    Bureau of State Services, respectively, the several functions of
    the Service, and to establish within them such divisions, sections,
    and other units as he may find necessary; and from time to time
    abolish, transfer, and consolidate divisions, sections, and other
    units and assign their functions and personnel in such manner as he
    may find necessary for efficient operation of the Service. No
    division shall be established, abolished, or transferred, and no
    divisions shall be consolidated, except with the approval of the
    Secretary. The National Institutes of Health shall be administered
    as a part of the field service.  The Secretary may delegate to any
    officer or employee of the Service such of his powers and duties
    under this chapter, except the making of regulations, as he may
    deem necessary or expedient.
       (FOOTNOTE 1) So in original.  The ''and'' probably should not
    appear.
       (FOOTNOTE 2) So in original.  Probably should be followed by
    ''(5)''.
       (FOOTNOTE 3) See 1993 Amendment note below.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 202, 58 Stat. 683; June 16,
    1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1,
    Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.
    103-43, title XX, Sec. 2008(g), June 10, 1993, 107 Stat. 212.)
 
-MISC1-
                                 AMENDMENTS
      1993 - Pub. L. 103-43, Sec. 2008(g)(2), inserted '', and the
    Agency for Health Care Policy and Research'' in first sentence.
      Pub. L. 103-43, Sec. 2008(g)(1), which directed the amendment of
    this section by striking ''Surgeon General'' the second and
    subsequent times that such term appears and inserting
    ''Secretary'', was executed by making the substitution before ''is
    authorized and directed'' and before ''may delegate to any
    officer'' and by leaving unchanged ''Surgeon General'' in the
    phrase ''assign to the Office of the Surgeon General'' in second
    sentence, to reflect the probable intent of Congress.
      1948 - Act June 16, 1948, substituted ''National Institutes of
    Health'' for ''National Institute of Health'' in cl. (2).
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Bureau of Medical Services, Bureau of State Services, National
    Institutes of Health, excluding several research Institutes in
    agency, and Office of Surgeon General abolished by section 3 of
    Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80
    Stat. 1610, and all functions thereof transferred to Secretary of
    Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of
    1966, set out as a note under section 202 of this title.  Secretary
    of Health, Education, and Welfare redesignated Secretary of Health
    and Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare, and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 238e of this title.
 
-CITE-
    42 USC Sec. 204                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 204. Commissioned corps; composition; appointment of Regular
        and Reserve officers; appointment and status of warrant
        officers
 
-STATUTE-
      There shall be in the Service a commissioned Regular Corps and,
    for the purpose of securing a reserve for duty in the Service in
    time of national emergency, a Reserve Corps. All commissioned
    officers shall be citizens and shall be appointed without regard to
    the civil-service laws and compensated without regard to chapter 51
    and subchapter III of chapter 53 of title 5. Commissioned officers
    of the Reserve Corps shall be appointed by the President and
    commissioned officers of the Regular Corps shall be appointed by
    him by and with the advice and consent of the Senate. Commissioned
    officers of the Reserve Corps shall at all times be subject to call
    to active duty by the Surgeon General, including active duty for
    the purpose of training and active duty for the purpose of
    determining their fitness for appointment in the Regular Corps.
    Warrant officers may be appointed to the Service for the purpose of
    providing support to the health and delivery systems maintained by
    the Service and any warrant officer appointed to the Service shall
    be considered for purposes of this chapter and title 37 to be a
    commissioned officer within the commissioned corps of the Service.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 203, 58 Stat. 683; Feb. 28,
    1948, ch. 83, Sec. 2, 62 Stat. 39; Oct. 28, 1949, ch. 782, title
    XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 96-76, title III, Sec.
    302(a), Sept. 29, 1979, 93 Stat. 584.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The civil-service laws, referred to in text, are set forth in
    Title 5, Government Organization and Employees. See, particularly,
    section 3301 et seq. of Title 5.
 
-COD-
                                CODIFICATION
      ''Chapter 51 and subchapter III of chapter 53 of title 5''
    substituted in text for ''the Classification Act of 1949, as
    amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees.
 
-MISC3-
                                 AMENDMENTS
      1979 - Pub. L. 96-76 inserted provisions relating to appointment
    and status of warrant officers.
      1949 - Act Oct. 28, 1949, substituted ''Classification Act of
    1949'' for ''Classification Act of 1923''.
      1948 - Act Feb. 28, 1948, struck out provision that all active
    service in Reserve Corps, as well as service in Regular Corps,
    shall be credited for purpose of promotion in Regular Corps.
                                  REPEALS
      Act Oct. 28, 1949, cited as a credit to this section, was
    repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
    1966, Sec. 8, 80 Stat. 632, 655.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88, which is classified to section 3508(b) of Title 20,
    Education.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30,
    1964, 29 F.R. 1637, as amended, set out as a note under section 202
    of this title.
 
-MISC5-
                       OSTEOPATHS AS RESERVE OFFICERS
      Section 709 of act July 1, 1944, formerly Sec. 609, renumbered
    Sec. 709 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049,
    which provided for appointment of osteopaths as reserve officers
    until six months after World War II, was repealed by Joint Res.
    July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449.
 
-CROSS-
                              CROSS REFERENCES
      Pay and allowances of commissioned officers, see section 210 of
    this title.
 
-CITE-
    42 USC Sec. 205                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 205. Appointment and tenure of office of Surgeon General;
        reversion in rank
 
-STATUTE-
      The Surgeon General shall be appointed from the Regular Corps for
    a four-year term by the President by and with the advice and
    consent of the Senate. The Surgeon General shall be appointed from
    individuals who (1) are members of the Regular Corps, and (2) have
    specialized training or significant experience in public health
    programs.  Upon the expiration of such term the Surgeon General,
    unless reappointed, shall revert to the grade and number in the
    Regular or Reserve Corps that he would have occupied had he not
    served as Surgeon General.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 204, 58 Stat. 684; Pub. L.
    97-25, title III, Sec. 303(a), July 27, 1981, 95 Stat. 145; Pub. L.
    97-35, title XXVII, Sec. 2765(b), Aug. 13, 1981, 95 Stat. 932.)
 
-MISC1-
                                 AMENDMENTS
      1981 - Pub. L. 97-35 inserted reference to Reserve Corps and
    substituted provisions relating to appointment of an individual
    from the Regular Corps and with specialized training and
    significant experience, for provisions relating to appointment of
    an individual sixty-four years of age or older.
      Pub. L. 97-25 inserted provision that the President may appoint
    to office of Surgeon General an individual who is sixty-four years
    of age or older.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General abolished by section 3 of Reorg. Plan
    No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610,
    and functions thereof transferred to Secretary of Health,
    Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966,
    set out as a note under section 202 of this title.  Secretary of
    Health, Education, and Welfare redesignated Secretary of Health and
    Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 209 of this title.
 
-CITE-
    42 USC Sec. 206                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 206. Assignment of officers
 
-STATUTE-
    (a) Deputy Surgeon General
      The Surgeon General shall assign one commissioned officer from
    the Regular Corps to administer the Office of the Surgeon General,
    to act as Surgeon General during the absence or disability of the
    Surgeon General or in the event of a vacancy in that office, and to
    perform such other duties as the Surgeon General may prescribe, and
    while so assigned he shall have the title of Deputy Surgeon
    General.
    (b) Assistant Surgeons General
      The Surgeon General shall assign eight commissioned officers from
    the Regular Corps to be, respectively, the Director of the National
    Institutes of Health, the Chief of the Bureau of State Services,
    the Chief of the Bureau of Medical Services, the Chief Medical
    Officer of the United States Coast Guard, the Chief Dental Officer
    of the Service, the Chief Nurse Officer of the Service, the Chief
    Pharmacist Officer of the Service, and the Chief Sanitary
    Engineering Officer of the Service, and while so serving they shall
    each have the title of Assistant Surgeon General.
    (c) Creation of temporary positions as Assistant Surgeons General
      (1) The Surgeon General, with the approval of the Secretary, is
    authorized to create special temporary positions in the grade of
    Assistant Surgeons General when necessary for the proper staffing
    of the Service. The Surgeon General may assign officers of either
    the Regular Corps or the Reserve Corps to any such temporary
    position, and while so serving they shall each have the title of
    Assistant Surgeon General.
      (2) Except as provided in this paragraph, the number of special
    temporary positions created by the Surgeon General under paragraph
    (1) shall not on any day exceed 1 per centum of the highest number,
    during the ninety days preceding such day, of officers of the
    Regular Corps on active duty and officers of the Reserve Corps on
    active duty for more than thirty days.  If on any day the number of
    such special temporary positions exceeds such 1 per centum
    limitation, for a period of not more than one year after such day,
    the number of such special temporary positions shall be reduced for
    purposes of complying with such 1 per centum limitation only by the
    resignation, retirement, death, or transfer to a position of a
    lower grade, of any officer holding any such temporary position.
    (d) Designation of Assistant Surgeon General with respect to
        absence, disability, or vacancy in offices of Surgeon General
        and Deputy Surgeon General
      The Surgeon General shall designate the Assistant Surgeon General
    who shall serve as Surgeon General in case of absence or
    disability, or vacancy in the offices, of both the Surgeon General
    and the Deputy Surgeon General.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 205, 58 Stat. 684; Feb. 28,
    1948, ch. 83, Sec. 3, 62 Stat. 39; June 16, 1948, ch. 481, Sec.
    6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr.
    11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III,
    Sec. 302(b), 303, Sept. 29, 1979, 93 Stat. 584.)
 
-MISC1-
                                 AMENDMENTS
      1979 - Subsec. (b). Pub. L. 96-76, Sec. 302(b), inserted
    provisions relating to assignment of Chief Nurse Officer and Chief
    Pharmacist Officer, and substituted ''eight'' for ''six''.
      Subsec. (c). Pub. L. 96-76, Sec. 303, designated existing
    provisions as par. (1), struck out provisions relating to maximum
    number of special temporary positions, and added par. (2).
      1948 - Subsec. (b). Act June 16, 1948, substituted ''National
    Institutes of Health'' for ''National Institute of Health''.
      Subsecs. (c), (d). Act Feb. 28, 1948, added subsec. (c) and
    redesignated former subsec. (c) as (d).
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Section 314 of Pub. L. 96-76 provided that: ''The amendments made
    by sections 303, 304, 305, 306, 307, and 313 (amending this
    section, sections 207, 209, 210b, and 211 of this title, and
    sections 201, 415, and 1006 of Title 37, Pay and Allowances of the
    Uniformed Services) shall take effect on October 1, 1979.''
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General, together with office held by Deputy
    Surgeon General, Bureau of Medical Services, including office of
    Chief of Bureau of Medical Services, Bureau of State Services,
    including office of Chief of Bureau of State Services, and National
    Institutes of Health, including office of Director of National
    Institutes of Health, abolished by section 3 of Reorg. Plan No. 3
    of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and
    functions thereof transferred to Secretary of Health, Education,
    and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a
    note under section 202 of this title.  Secretary of Health,
    Education, and Welfare redesignated Secretary of Health and Human
    Services by section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare, by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 207, 210b of this title.
 
-CITE-
    42 USC Sec. 207                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 207. Grades, ranks, and titles of commissioned corps
 
-STATUTE-
    (a) Grades of commissioned officers
      The Surgeon General, during the period of his appointment as
    such, shall be of the same grade as the Surgeon General of the
    Army; the Deputy Surgeon General and the Chief Medical Officer of
    the United States Coast Guard, while assigned as such, shall have
    the grade corresponding with the grade of major general; and the
    Chief Dental Officer, while assigned as such, shall have the grade
    as is prescribed by law for the officer of the Dental Corps
    selected and appointed as Assistant Surgeon General of the Army.
    During the period of appointment to the position of Assistant
    Secretary for Health, a commissioned officer of the Public Health
    Service shall have the grade corresponding to the grade of General
    of the Army. Assistant Surgeons General, while assigned as such,
    shall have the grade corresponding with either the grade of
    brigadier general or the grade of major general, as may be
    determined by the Secretary after considering the importance of the
    duties to be performed: Provided, That the number of Assistant
    Surgeons General having a grade higher than that corresponding to
    the grade of brigadier general shall at no time exceed one-half of
    the number of positions created by subsection (b) of section 206 of
    this title or pursuant to subsection (c) of section 206 of this
    title.  The grades of commissioned officers of the Service shall
    correspond with grades of officers of the Army as follows:
        (1) Officers of the director grade - colonel;
        (2) Officers of the senior grade - lieutenant colonel;
        (3) Officers of the full grade - major;
        (4) Officers of the senior assistant grade - captain;
        (5) Officers of the assistant grade - first lieutenant;
        (6) Officers of the junior assistant grade - second lieutenant;
        (7) Chief warrant officers of (W-4) grade - chief warrant
      officer (W-4);
        (8) Chief warrant officers of (W-3) grade - chief warrant
      officer (W-3);
        (9) Chief warrant officers of (W-2) grade - chief warrant
      officer (W-2); and
        (10) Warrant officers of (W-1) grade - warrant officer (W-1).
    (b) Titles of medical officers
      The titles of medical officers of the foregoing grades shall be
    respectively (1) medical director, (2) senior surgeon, (3) surgeon,
    (4) senior assistant surgeon, (5) assistant surgeon, and (6) junior
    assistant surgeon.  The President is authorized to prescribe
    titles, appropriate to the several grades, for commissioned
    officers of the Service other than medical officers.  All titles of
    the officers of the Reserve Corps shall have the suffix
    ''Reserve.''
    (c) Repealed. Pub. L. 96-76, title III, Sec. 304(b), Sept. 29,
        1979, 93 Stat. 584
    (d) Maximum number in grade for each fiscal year
      Within the total number of officers of the Regular Corps
    authorized by the appropriation Act or Acts for each fiscal year to
    be on active duty, the Secretary shall by regulation prescribe the
    maximum number of officers authorized to be in each of the grades
    from the warrant officer (W-1) grade to the director grade,
    inclusive.  Such numbers shall be determined after considering the
    anticipated needs of the Service during the fiscal year, the funds
    available, the number of officers in each grade at the beginning of
    the fiscal year, and the anticipated appointments, the anticipated
    promotions based on years of service, and the anticipated
    retirements during the fiscal year.  The number so determined for
    any grade for a fiscal year may not exceed the number limitation
    (if any) contained in the appropriation Act or Acts for such year.
    Such regulations for each fiscal year shall be prescribed as
    promptly as possible after the appropriation Act fixing the
    authorized strength of the corps for that year, and shall be
    subject to amendment only if such authorized strength or such
    number limitation is thereafter changed.  The maxima established by
    such regulations shall not require (apart from action pursuant to
    other provisions of this chapter) any officer to be separated from
    the Service or reduced in grade.
    (e) Exception to grade limitations for officers assigned to
        Department of Defense
      In computing the maximum number of commissioned officers of the
    Public Health Service authorized by law to hold a grade which
    corresponds to the grade of brigadier general or major general,
    there may be excluded from such computation not more than three
    officers who hold such a grade so long as such officers are
    assigned to duty and are serving in a policymaking position in the
    Department of Defense.
    (f) Exception to maximum number limitations for officers assigned
        to Department of Defense
      In computing the maximum number of commissioned officers of the
    Public Health Service authorized by law or administrative
    determination to serve on active duty, there may be excluded from
    such computation officers who are assigned to duty in the
    Department of Defense.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 206, 58 Stat. 684; Feb. 28,
    1948, ch. 83, Sec. 4, 62 Stat. 39; Oct. 31, 1951, ch. 653, 65 Stat.
    700; July 17, 1952, ch. 931, 66 Stat. 758; 1953 Reorg. Plan No. 1,
    Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.
    87-649, Sec. 11(1), Sept. 7, 1962, 76 Stat. 497; Pub. L. 95-215,
    Sec. 8(b), Dec. 19, 1977, 91 Stat. 1507; Pub. L. 96-76, title III,
    Sec. 304, Sept. 29, 1979, 93 Stat. 584; Pub. L. 99-117, Sec. 9,
    Oct. 7, 1985, 99 Stat. 494; Pub. L. 101-93, Sec. 5(p), Aug. 16,
    1989, 103 Stat. 614; Pub. L. 101-502, Sec. 5(k)(1), Nov. 3, 1990,
    104 Stat. 1289; Pub. L. 104-201, div.  A, title V, Sec. 582, Sept.
    23, 1996, 110 Stat. 2538.)
 
-MISC1-
                                 AMENDMENTS
      1996 - Subsec. (f). Pub. L. 104-201 added subsec. (f).
      1990 - Subsec. (a). Pub. L. 101-502 inserted after first sentence
    ''During the period of appointment to the position of Assistant
    Secretary for Health, a commissioned officer of the Public Health
    Service shall have the grade corresponding to the grade of General
    of the Army.''
      1989 - Subsec. (e). Pub. L. 101-93, which directed the
    substitution of ''the Department of Defense'' for ''the office of
    Assistant Secretary of Defense for Health Affairs'', was executed
    by making the substitution for ''the office of the Assistant
    Secretary of Defense for Health Affairs'' as the probable intent of
    Congress.
      1985 - Subsec. (e). Pub. L. 99-117 added subsec. (e).
      1979 - Subsec. (a). Pub. L. 96-76, Sec. 304(a), added pars. (7)
    to (10).
      Subsec. (c). Pub. L. 96-76, Sec. 304(b), struck out subsec. (c)
    setting forth the grade and pay and allowances as director for a
    commissioned officer below the grade of director assigned to serve
    as chief of a division.
      Subsec. (d). Pub. L. 96-76, Sec. 304(c), substituted ''warrant
    officer (W-1)'' for ''junior assistant''.
      1977 - Subsec. (b)(6). Pub. L. 95-215 substituted ''junior
    assistant'' for ''senior assistant''.
      1962 - Subsec. (a). Pub. L. 87-649 struck out provisions which
    related to pay and allowances.
      1952 - Subsec. (a). Act July 17, 1952, provided that the Chief
    Medical Officer of the Coast Guard should have the grade, pay, and
    allowances of a major general.
      1951 - Subsec. (a). Act Oct. 31, 1951, provided equality of
    grade, pay, and allowances between the Chief Dental Officer and the
    comparable officer in the Army.
      1948 - Subsec. (a). Act Feb. 28, 1948, increased grade of Deputy
    Surgeon General from brigadier general to major general and
    increased grade of certain Assistant Surgeons General from
    brigadier general to major general as the Federal Security
    Administrator might determine.
      Subsecs. (c), (d). Act Feb. 28, 1948, added subsecs. (c) and (d).
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-502 effective Dec. 1, 1990, see section
    5(k)(3) of Pub. L. 101-502, set out as a note under section 201 of
    Title 37, Pay and Allowances of the Uniformed Services.
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section
    314 of Pub. L. 96-76, set out as a note under section 206 of this
    title.
                      EFFECTIVE DATE OF 1962 AMENDMENT
      Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
    15 of Pub. L. 87-649, set out as an Effective Date note preceding
    section 101 of Title 37, Pay and Allowances of the Uniformed
    Services.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General, together with office held by Deputy
    Surgeon General, abolished by section 3 of Reorg. Plan No. 3 of
    1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and
    functions thereof transferred to Secretary of Health, Education,
    and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a
    note under section 202 of this title.  Secretary of Health,
    Education, and Welfare redesignated Secretary of Health and Human
    Services by section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as
    amended, set out as a note under section 202 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 210b of this title.
 
-CITE-
    42 USC Sec. 208                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 208. Repealed. Feb. 28, 1948, ch. 83, Sec. 5(a), 62 Stat. 40
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title II, Sec. 207, 58 Stat.
    685, related to establishment of special temporary provisions.  See
    sections 206(c) and 207(c) of this title.
 
-CITE-
    42 USC Sec. 209                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 209. Appointment of personnel
 
-STATUTE-
    (a) Original appointments to Regular and Reserve Corps; limitation
        on appointment and call to active duty
      (1) Except as provided in subsections (b) and (e) of this
    section, original appointments to the Regular Corps may be made
    only in the warrant officer (W-1), chief warrant officer (W-2),
    chief warrant officer (W-3), chief warrant officer (W-4), junior
    assistant, assistant, and senior assistant grades and original
    appointments to a grade above junior assistant shall be made only
    after passage of an examination, given in accordance with
    regulations of the President, in one or more of the several
    branches of medicine, dentistry, hygiene, sanitary engineering,
    pharmacy, psychology, nursing, or related scientific specialties in
    the field of public health.
      (2) Original appointments to the Reserve Corps may be made to any
    grade up to and including the director grade but only after passage
    of an examination given in accordance with regulations of the
    President. Reserve commissions shall be for an indefinite period
    and may be terminated at any time, as the President may direct.
      (3) No individual who has attained the age of forty-four shall be
    appointed to the Regular Corps, or called to active duty in the
    Reserve Corps for a period in excess of one year, unless (A) he has
    had a number of years of active service (as defined in section
    212(d) of this title) equal to the number of years by which his age
    exceeds forty-four, or (B) the Surgeon General determines that he
    possesses exceptional qualifications, not readily available
    elsewhere in the Commissioned Corps of the Public Health Service,
    for the performance of special duties with the Service, or (C) in
    the case of an officer of the Reserve Corps, the Commissioned Corps
    of the Service has been declared by the President to be a military
    service.
    (b) Grade and number of original appointments
      (1) Not more than 10 per centum of the original appointments to
    the Regular Corps authorized to be made during any fiscal year may
    be made to grades above that of senior assistant, but no such
    appointment (other than an appointment under section 205 of this
    title) may be made to a grade above that of director.  For the
    purpose of this subsection the number of original appointments
    authorized to be made during a fiscal year shall be (1) the excess
    of the number of officers of the Regular Corps authorized by the
    appropriation Act or Acts for such year over the number of officers
    on active duty in the Regular Corps on the first day of such year,
    plus (2) the number of such officers of the Regular Corps who,
    during such fiscal year, have been or will be retired upon
    attainment of age sixty-four or have for any other reason ceased to
    be on active duty.  In determining the number of appointments
    authorized by this subsection an appointment shall be deemed to be
    made in the fiscal year in which the nomination is transmitted by
    the President to the Senate.
      (2) In addition to the number of original appointments to the
    Regular Corps authorized by paragraph (1) to be made to grades
    above that of senior assistant, original appointments authorized to
    be made to the Regular Corps in any year may be made to grades
    above that of senior assistant, but not above that of director, in
    the case of any individual who -
        (A)(i) was on active duty in the Reserve Corps on July 1, 1960,
      (ii) was on such active duty continuously for not less than one
      year immediately prior to such date, and (iii) applies for
      appointment to the Regular Corps prior to July 1, 1962; or
        (B) does not come within clause (A)(i) and (ii) but was on
      active duty in the Reserve Corps continuously for not less than
      one year immediately prior to his appointment to the Regular
      Corps and has not served on active duty continuously for a
      period, occurring after June 30, 1960, of more than three and
      one-half years prior to applying for such appointment.
      (3) No person shall be appointed pursuant to this subsection
    unless he meets standards established in accordance with
    regulations of the President.
    (c) Issuance of commissions
      Commissions evidencing the appointment by the President of
    officers of the Regular or Reserve Corps shall be issued by the
    Secretary under the seal of the Department of Health and Human
    Services.
    (d) Date of appointment; credit for service
      (1) For purposes of basic pay and for purposes of promotion, any
    person appointed under subsection (a) of this section to the grade
    of senior assistant in the Regular Corps, and any person appointed
    under subsection (b) of this section, shall, except as provided in
    paragraphs (2) and (3) of this subsection, be considered as having
    had on the date of appointment the following length of service:
    Three years if appointed to the senior assistant grade, ten years
    if appointed to the full grade, seventeen years if appointed to the
    senior grade, and eighteen years if appointed to the director
    grade.
      (2) For purposes of basic pay, any person appointed under
    subsection (a) of this section to the grade of senior assistant in
    the Regular Corps, and any person appointed under subsection (b) of
    this section, shall, in lieu of the credit provided in paragraph
    (1) of this subsection, be credited with the service for which he
    is entitled to credit under any other provision of law if such
    service exceeds that to which he would be entitled under such
    paragraph.
      (3) For purposes of promotion, any person originally appointed in
    the Regular Corps to the senior assistant grade or above who has
    had active service in the Reserve Corps shall be considered as
    having had on the date of appointment the length of service
    provided for in paragraph (1) of this subsection, plus whichever of
    the following is greater: (A) The excess of his total active
    service in the Reserve Corps (above the grade of junior assistant)
    over the length of service provided in such paragraph, to the
    extent that such excess is on account of service in the Reserve
    Corps in or above the grade to which he is appointed in the Regular
    Corps or (B) his active service in the same or any higher grade in
    the Reserve Corps after the first day on which, under regulations
    in effect on the date of his appointment to the Regular Corps, he
    would have had the training and experience necessary for such
    appointment.
      (4) For purposes of promotion, any person whose original
    appointment is to the assistant grade in the Regular Corps shall be
    considered as having had on the date of appointment service equal
    to his total active service in the Reserve Corps in and above the
    assistant grade.
    (e) Reappointment; credit for service
      (1) A former officer of the Regular Corps may, if application for
    appointment is made within two years after the date of the
    termination of his prior commission in the Regular Corps, be
    reappointed to the Regular Corps without examination, except as the
    Surgeon General may otherwise prescribe, and without regard to the
    numerical limitations of subsection (b) of this section.
      (2) Reappointments pursuant to this subsection may be made to the
    permanent grade held by the former officer at the time of the
    termination of his prior commission, or to the next higher grade if
    such officer meets the eligibility requirements prescribed by
    regulation for original appointment to such higher grade.  For
    purposes of pay, promotion, and seniority in grade, such
    reappointed officer shall receive the credits for service to which
    he would be entitled if such appointment were an original
    appointment, but in no event less than the credits he held at the
    time his prior commission was terminated, except that if such
    officer is reappointed to the next higher grade he shall receive no
    credit for seniority in grade.
      (3) No former officer shall be reappointed pursuant to this
    subsection unless he shall meet such standards as the Secretary may
    prescribe.
    (f) Special consultants
      In accordance with regulations, special consultants may be
    employed to assist and advise in the operations of the Service.
    Such consultants may be appointed without regard to the
    civil-service laws.
    (g) Designation for fellowships; duties; pay
      In accordance with regulations, individual scientists, other than
    commissioned officers of the Service, may be designated by the
    Surgeon General to receive fellowships, appointed for duty with the
    Service without regard to the civil-service laws, may hold their
    fellowships under conditions prescribed therein, and may be
    assigned for studies or investigations either in this country or
    abroad during the terms of their fellowships.
    (h) Aliens
      Persons who are not citizens may be employed as consultants
    pursuant to subsection (f) of this section and may be appointed to
    fellowships pursuant to subsection (g) of this section.  Unless
    otherwise specifically provided, any prohibition in any other Act
    against the employment of aliens, or against the payment of
    compensation to them, shall not be applicable in the case of
    persons employed or appointed pursuant to such subsections.
    (i) Civil service appointments by Secretary
      The appointment of any officer or employee of the Service made in
    accordance with the civil-service laws shall be made by the
    Secretary, and may be made effective as of the date on which such
    officer or employee enters upon duty.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 207, formerly Sec. 208, 58
    Stat. 685; July 3, 1946, ch. 538, Sec. 4, 60 Stat. 421; Aug. 13,
    1946, ch. 958, Sec. 3, 60 Stat. 1049; renumbered Sec. 207 and
    amended Feb. 28, 1948, ch. 83, Sec. 5(a)-(d), 62 Stat. 40; Oct. 12,
    1949, ch. 681, title V, Sec. 521(a), 63 Stat. 834; 1953 Reorg. Plan
    No. 1, Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
    Apr. 27, 1956, ch. 211, Sec. 3(a)-(c)(1), 70 Stat. 116; Pub. L.
    86-415, Sec. 2, 3, Apr. 8, 1960, 74 Stat. 32; Pub. L. 96-76, title
    III, Sec. 305, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-88, title
    V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-35, title
    XXVII, Sec. 2765(c), Aug. 13, 1981, 95 Stat. 933; Pub. L. 97-414,
    Sec. 8(a), Jan. 4, 1983, 96 Stat. 2060.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The civil-service laws, referred to in subsecs. (f), (g), and
    (i), are set out in Title 5, Government Organization and Employees.
    See, particularly, section 3301 et seq. of Title 5.
 
-COD-
                                CODIFICATION
      In subsec. (f), the words ''and their compensation may be fixed
    without regard to the Classification Act of 1923, as amended'', and
    in subsec. (g), the words ''and compensated without regard to the
    Classification Act of 1923, as amended'' were omitted as obsolete.
    Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat.
    972, 973, repealed the 1923 Act and all laws or parts of laws
    inconsistent with the 1949 Act. While section 1106(a) of the 1949
    Act provided that references in other laws to the 1923 Act should
    be held and considered to mean the 1949 Act, it did not have the
    effect of continuing the exceptions contained in subsecs. (f) and
    (g) because of section 1106(b) which provided that the application
    of the 1949 Act to any position, officer, or employee shall not be
    affected by section 1106(a). The Classification Act of 1949 was
    repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632
    (of which section 1 revised and enacted Title 5, Government
    Organization and Employees, into law).  Section 5102 of Title 5
    contains the applicability provisions of the 1949 Act, and section
    5103 of Title 5 authorizes the Office of Personnel Management to
    determine the applicability to specific positions and employees.
      In subsec. (h), the references to subsections (f) and (g) of this
    section were, in the original, references to subsections (e) and
    (f) and were changed to reflect the probable intent of Congress.
 
-MISC3-
                              PRIOR PROVISIONS
      A prior section 207 of act July 1, 1944, was classified to
    section 208 of this title, prior to repeal by act Feb. 28, 1948,
    ch. 83, Sec. 5(a), 62 Stat. 40.
                                 AMENDMENTS
      1983 - Subsec. (a)(1). Pub. L. 97-414 inserted ''psychology,''
    after ''pharmacy,''.
      1981 - Subsec. (b)(1). Pub. L. 97-35 inserted provisions relating
    to exception for an appointment under section 205 of this title.
      1979 - Subsec. (a)(1). Pub. L. 96-76 inserted applicability to
    warrant officers and chief warrant officers.
      1960 - Subsec. (a)(3). Pub. L. 86-415, Sec. 2, added par. (3).
      Subsec. (b). Pub. L. 86-415, Sec. 3, designated first, second and
    third sentences as par. (1), fourth sentence as par. (3), and added
    par. (2).
      1956 - Subsec. (a)(1). Act Apr. 27, 1956, Sec. 3(a), inserted
    reference to subsection (e) of this section.
      Subsec. (a)(2). Act Apr. 27, 1956, Sec. 3(c)(1), substituted ''an
    indefinite period'' for ''a period of not more than five years''.
      Subsecs. (e) to (i). Act Apr. 27, 1956, Sec. 3(b), added subsec.
    (e) and redesignated former subsecs. (e) to (h) as (f) to (i),
    respectively.
      1949 - Subsec. (d). Act Oct. 12, 1949, substituted ''base pay''
    for ''pay and pay period'' wherever appearing.
      1948 - Subsec. (a)(1). Act Feb. 28, 1948, struck out ''surgery''
    after ''several branches of medicine''.
      Subsec. (a)(2). Act Feb. 28, 1948, struck out ''any such
    commission'' before ''may be terminated'', and ''in his
    discretion'' after ''at any time''.
      Subsec. (b). Act Feb. 28, 1948, provided for grade and number of
    original appointments.
      Subsecs. (c) to (f). Act Feb. 28, 1948, added subsecs. (c) and
    (d) and redesignated former subsecs. (c) and (d) as (e) and (f),
    respectively.  Former subsecs. (e) and (f) redesignated (g) and
    (h).
      Subsec. (g). Act Feb. 28, 1948, redesignated former subsec. (e)
    as (g) and changed reference in text from ''subsection (c) of this
    section'' to ''subsection (e) of this section'', and ''subsection
    (d) of this section'' to ''subsection (g) of this section''.
      Subsec. (h). Act Feb. 28, 1948, redesignated former subsec. (f)
    as (h).
      1946 - Subsec. (b). Act July 3, 1946, authorized appointment of
    additional officers to grades above that of senior assistant but
    not above that of director, and limits the number so appointed to
    20.
      Subsec. (b)(2). Act Aug. 13, 1946, inserted ''(A)'' before ''to
    assist'', substituted ''clause'' for ''paragraphs'', and inserted
    cl. (B).
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section
    314 of Pub. L. 96-76, set out as a note under section 206 of this
    title.
                      EFFECTIVE DATE OF 1960 AMENDMENT
      Section 8(a) of Pub. L. 86-415 provided that: ''The amendments
    made by sections 2 and 5(b) (amending this section and section 210
    of this title) shall become effective July 1, 1960.''
                      EFFECTIVE DATE OF 1949 AMENDMENT
      Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see
    section 533(a) of act Oct. 12, 1949.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30,
    1964, 29 F.R. 1637, as amended, set out as a note under section 202
    of this title.
 
-MISC5-
          TERM OF RESERVE COMMISSIONS IN EFFECT ON APRIL 27, 1956
      Section 3(c)(2) of act Apr. 27, 1956, provided that: ''The
    enactment of paragraph (1) of this subsection (amending subsec.
    (a)(2) of this section) shall not affect the term of the commission
    of any officer in the Reserve Corps in effect on the date of such
    enactment (Apr. 27, 1956) unless such officer consents in writing
    to the extension of his commission for an indefinite period, in
    which event his commission shall be so extended without the
    necessity of a new appointment.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 210, 210b of this title;
    title 10 section 2130a.
 
-CITE-
    42 USC Sec. 209a, 209b                                       01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 209a, 209b. Omitted
 
-COD-
                                CODIFICATION
      Section 209a, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 856,
    which related to number of regular commissioned nurses to be
    appointed, their grades, and their length of service for purposes
    of pay and pay periods, was not repeated in subsequent
    appropriation acts.
      Section 209b, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 857,
    which authorized appointment of fifty additional regular
    commissioned officers of which twenty-four were to be in grades
    above that of senior assistant, was not repeated in subsequent
    appropriation acts.
 
-CITE-
    42 USC Sec. 209c                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 209c. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76
        Stat. 499
 
-MISC1-
      Section, act July 3, 1945, ch. 263, title II, 59 Stat. 370,
    provided that for purposes of pay and pay period officers appointed
    to grades above that of senior assistant pursuant to section 209b
    of this title shall be considered as having had on date of
    appointment service equal to that of junior officer of grade to
    which appointed.
 
-CITE-
    42 USC Sec. 209d                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 209d. Appointment of osteopaths as commissioned officers
 
-STATUTE-
      Graduates of colleges of osteopathy whose graduates are eligible
    for licensure to practice medicine or osteopathy in a majority of
    the States of the United States, or approved by a body or bodies
    acceptable to the Secretary, shall be eligible, subject to the
    other provisions of this Act, for appointment as commissioned
    medical officers in the Public Health Service.
 
-SOURCE-
    (Feb. 28, 1948, ch. 83, Sec. 5(b), 62 Stat. 40; 1953 Reorg. Plan
    No. 1, Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This Act, referred to in text, is act Feb. 28, 1948, ch. 83, 62
    Stat. 38. For complete classification of this Act to the Code, see
    Tables.
 
-COD-
                                CODIFICATION
      Section was not enacted as a part of the Public Health Service
    Act which comprises this chapter.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-CITE-
    42 USC Sec. 210                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 210. Pay and allowances
 
-STATUTE-
    (a) Commissioned officers of Regular and Reserve Corps; special pay
        for active duty; incentive special pay for Public Health
        Service nurses
      (1) Commissioned officers of the Regular and Reserve Corps shall
    be entitled to receive such pay and allowances as are now or may
    hereafter be authorized by law.
      (2)(A) Except as provided in subparagraph (B), commissioned
    medical and dental officers in the Regular and Reserve Corps shall
    while on active duty be paid special pay in the same amounts as,
    and under the same terms and conditions which apply to, the special
    pay now or hereafter paid to commissioned medical and dental
    officers of the Armed Forces under chapter 5 of title 37.
      (B) A commissioned medical officer in the Regular or Reserve
    Corps (other than an officer serving in the Indian Health Service)
    may not receive additional special pay under section 302(a)(4) of
    title 37 for any period during which the officer is providing
    obligated service under (i) section 254m of this title, (ii)
    section 234(e) (FOOTNOTE 1) of this title (as such section was in
    effect prior to October 1, 1977), or (iii) section 294u (FOOTNOTE
    1) of this title (as such section was in effect between October 1,
    1977, and August 13, 1981).
       (FOOTNOTE 1) See References in Text note below.
      (3) Commissioned nurse officers in the Regular and Reserve Corps
    shall, while in active duty, be paid incentive special pay in the
    same amounts as, and under the same terms and conditions which
    apply to, the incentive special pay now or hereafter paid to
    commissioned nurse officers of the Armed Forces under chapter 5 of
    title 37.
    (b) Purchase of supplies
      Commissioned officers on active duty and retired officers
    entitled to retired pay pursuant to section 211(g)(3), 212, or
    213a(a) of this title, shall be permitted to purchase supplies from
    the Army, Navy, Air Force, and Marine Corps at the same price as is
    charged officers thereof.
    (c) Members of national advisory or review councils or committees
      Members of the National Advisory Health Council and members of
    other national advisory or review councils or committees
    established under this chapter, including members of the Technical
    Electronic Product Radiation Safety Standards Committee and the
    Board of Regents of the National Library of Medicine, but excluding
    ex officio members, while attending conferences or meetings of
    their respective councils or committees or while otherwise serving
    at the request of the Secretary, shall be entitled to receive
    compensation at rates to be fixed by the Secretary, but at rates
    not exceeding the daily equivalent of the rate specified at the
    time of such service for grade GS-18 of the General Schedule,
    including traveltime; and while away from their homes or regular
    places of business they may be allowed travel expenses, including
    per diem in lieu of subsistence, as authorized by section 5703 of
    title 5 for persons in the Government service employed
    intermittently.
    (d) Field employees
      Field employees of the Service, except those employed on a per
    diem or fee basis, who render part-time duty and are also subject
    to call at any time for services not contemplated in their regular
    part-time employment, may be paid annual compensation for such
    part-time duty and, in addition, such fees for such other services
    as the Surgeon General may determine; but in no case shall the
    total paid to any such employee for any fiscal year exceed the
    amount of the minimum annual salary rate of the classification
    grade of the employee.
    (e) Additional pay for service at Gillis W. Long Hansen's Disease
        Center
      Any civilian employee of the Service who is employed at the
    Gillis W. Long Hansen's Disease Center on April 7, 1986, shall be
    entitled to receive, in addition to any compensation to which the
    employee may otherwise be entitled and for so long as the employee
    remains employed at the Center, an amount equal to one-fourth of
    such compensation.
    (f) Allowances included in fellowships
      Individuals appointed under section 209(g) of this title shall
    have included in their fellowships such stipends or allowances,
    including travel and subsistence expenses, as the Surgeon General
    may deem necessary to procure qualified fellows.
    (g) Positions in professional, scientific and executive service;
        compensation; appointment
      The Secretary is authorized to establish and fix the compensation
    for, within the Public Health Service, not more than one hundred
    and seventy-nine positions, of which not less than one hundred and
    fifteen shall be for the National Institutes of Health, not less
    than five shall be for the National Institute on Alcohol Abuse and
    Alcoholism for individuals engaged in research on alcohol abuse and
    alcoholism, not less than ten shall be for the National Center for
    Health Services Research, not less than twelve shall be for the
    National Center for Health Statistics, and not less than seven
    shall be for the National Center for Health Care Technology, in the
    professional, scientific, and executive service, each position
    being established to effectuate those research and development
    activities of the Public Health Service which require the services
    of specially qualified scientific, professional and administrative
    personnel: Provided, That the rates of compensation for positions
    established pursuant to the provisions of this subsection shall not
    be less than the minimum rate of grade 16 of the General Schedule
    nor more than (1) the highest rate of grade 18 of the General
    Schedule, or (2) in the case of two such positions, the rate
    specified, at the time the service in the position is performed,
    for level II of the Executive Schedule (5 U.S.C. 5313); and such
    rates of compensation for all positions included in this proviso
    shall be subject to the approval of the Director of the Office of
    Personnel Management. Positions created pursuant to this subsection
    shall be included in the classified civil service of the United
    States, but appointments to such positions shall be made without
    competitive examination upon approval of the proposed appointee's
    qualifications by the Director of the Office of Personnel
    Management or such officers or agents as it may designate for this
    purpose.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 208, formerly Sec. 209, 58
    Stat. 686; July 3, 1946, ch. 538, Sec. 5(a), 60 Stat. 422;
    renumbered Sec. 208 and amended Feb. 28, 1948, ch. 83, Sec. 5(a),
    (g), (h), 62 Stat. 40; June 16, 1948, ch. 481, Sec. 4(d), 62 Stat.
    467; June 24, 1948, ch. 621, Sec. 4(d), 62 Stat. 601; Oct. 12,
    1949, ch. 681, title V, Sec. 521(b), 63 Stat. 834; Aug. 9, 1950,
    ch. 654, Sec. 1, 64 Stat. 426; Aug. 15, 1950, ch. 714, Sec. 3(e),
    4(b), 64 Stat. 447; 1953 Reorg. Plan No. 1, Sec. 5, 8 eff.  Apr.
    11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1955, ch. 437, title
    II, Sec. 201, 69 Stat. 407; June 29, 1956, ch. 477, title II, Sec.
    201, 70 Stat. 430; July 31, 1956, ch. 804, title I, Sec. 117(b), 70
    Stat. 741; Pub. L. 85-462, Sec. 12(e), June 20, 1958, 72 Stat. 214;
    Pub. L. 85-929, Sec. 9, Sept. 6, 1958, 72 Stat. 1789; Pub. L.
    86-415, Sec. 5(b), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-703, title
    II, Sec. 201, Sept. 2, 1960, 74 Stat. 764; Pub. L. 87-649, Sec.
    11(3), 14b, Sept. 7, 1962, 76 Stat. 497, 499; Pub. L. 87-793, Sec.
    1001(d), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426, title III,
    Sec. 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 90-574, title V,
    Sec. 501, Oct. 15, 1968, 82 Stat. 1012; Pub. L. 91-515, title VI,
    Sec. 601(b)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 92-157, title
    III, Sec. 301(a), Nov. 18, 1971, 85 Stat. 463; Pub. L. 95-83, title
    III, Sec. 312, Aug. 1, 1977, 91 Stat. 398; Pub. L. 95-623, Sec.
    11(a), Nov. 9, 1978, 92 Stat. 3455; 1978 Reorg. Plan No. 2, Sec.
    102, eff.  Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L.
    96-32, Sec. 7(g), July 10, 1979, 93 Stat. 84; Pub. L. 96-398, title
    VIII, Sec. 805, Oct. 7, 1980, 94 Stat. 1608; Pub. L. 99-117, Sec.
    3(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 99-272, title XVII, Sec.
    17002(a)(1), (b), Apr. 7, 1986, 100 Stat. 359; Pub. L. 100-607,
    title VII, Sec. 706, Nov. 4, 1988, 102 Stat. 3159.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 234 of this title, referred to in subsec. (a)(2)(B), was
    repealed by Pub. L. 94-484, title IV, Sec. 408(b)(1), Oct. 12,
    1976, 90 Stat. 2281, effective Oct. 1, 1977.
      Section 294u of this title, referred to in subsec. (a)(2)(B), was
    in the original a reference to section 752 of act July 1, 1944,
    which was renumbered section 338B by Pub. L. 97-35, title XXVII,
    Sec. 2709(a), Aug. 13, 1981, 95 Stat. 908, and transferred to
    section 254m of this title.  Section 338B of act July 1, 1944, was
    renumbered section 338C by Pub. L. 100-177, title II, Sec. 201(2),
    Dec. 1, 1987, 101 Stat. 992.
      Classified civil service, referred to in subsec. (g), as meaning
    ''competitive service'', see section 2102(c) of Title 5, Government
    Organization and Employees.
 
-MISC2-
                              PRIOR PROVISIONS
      A prior section 208 of act July 1, 1944, was renumbered section
    207 and is classified to section 209 of this title.
                                 AMENDMENTS
      1988 - Subsec. (a)(3). Pub. L. 100-607 added par. (3).
      1986 - Subsec. (a)(2)(B). Pub. L. 99-272, Sec. 17002(a)(1),
    inserted ''(other than an officer serving in the Indian Health
    Service)''.
      Subsec. (e). Pub. L. 99-272, Sec. 17002(b), amended subsec. (e)
    generally.  Prior to amendment, subsec. (e) read as follows:
    ''Whenever any noncommissioned officer or other employee of the
    Service is assigned for duty which the Surgeon General finds
    requires intimate contact with persons afflicted with leprosy, he
    may be entitled to receive, as provided by regulations of the
    President, in addition to any pay or compensation to which he may
    otherwise be entitled, not more than one-half of such pay or
    compensation.''
      1985 - Subsec. (a)(2). Pub. L. 99-117 substituted ''(A) Except as
    provided in subparagraph (B), commissioned'' for ''Commissioned'',
    and added subpar. (B).
      1980 - Subsec. (a). Pub. L. 96-398 redesignated existing
    provisions as par. (1) and added par. (2).
      1979 - Subsec. (c). Pub. L. 96-32 substituted ''section 5703 of
    title 5'' for ''section 5703(b) of title 5''.
      1978 - Subsec. (g). Pub. L. 95-623 increased limitation on
    establishment of positions to one hundred and seventy-nine from one
    hundred and fifty-five and required minimum number of positions for
    certain National Centers: ten, National Center for Health Services
    Research; twelve, National Center for Health Statistics; and seven,
    National Center for Health Care Technology.
      1977 - Subsec. (g). Pub. L. 95-83 increased limitation on
    establishment of positions to one hundred and fifty-five from one
    hundred and fifty and required not less than five for the National
    Institute on Alcohol Abuse and Alcoholism for individuals engaged
    in research on alcohol abuse and alcoholism.
      1971 - Subsec. (f). Pub. L. 92-157, which directed that
    ''subsection (g)'' be substituted for ''section 209(f)'', was
    executed by substituting ''section 209(g) of this title'' for
    ''section 209(f) of this title'', to reflect the probable intent of
    Congress.
      1970 - Subsec. (c). Pub. L. 91-515 extended coverage to encompass
    members of other national review councils or national advisory or
    review committees established under this chapter, including members
    of the Technical Electronic Product Radiation Safety Standards
    Committee and the Board of Regents of the National Library of
    Medicine, authorized service to be at the request of the Secretary
    in place of the Surgeon General, and revised rates of compensation
    and travel allowances.
      1968 - Subsec. (g). Pub. L. 90-574 inserted ''(1)'' after ''nor
    more than'' and added cl. (2).
      1962 - Subsec. (b). Pub. L. 87-649 struck out sentence which
    permitted commissioned officers on active duty to make allotments
    from their pay, and substituted ''Commissioned officers on active
    duty and retired officers'' for ''Such officers, and retired
    officers.'' See section 704 of Title 37, Pay and Allowances of the
    Uniformed Services.
      Subsec. (g). Pub. L. 87-793 substituted provisions requiring the
    rates of compensation to be not less than the minimum rate of grade
    16 nor more than the highest rate of grade 18 of the General
    Schedule, for provisions which prescribed annual rates of
    compensation of not less than $12,500 nor more than $19,000.
      1960 - Subsec. (b). Pub. L. 86-415 authorized retired officers
    entitled to retired pay pursuant to section 211(g)(3), 212, or
    213a(a) of this title, to purchase supplies, and included the
    purchase of supplies from the Air Force.
      Subsec. (g). Pub. L. 86-703 substituted ''one hundred and fifty''
    for ''eighty-five'' and ''one hundred and fifteen'' for
    ''seventy-three''.
      1958 - Subsec. (g). Pub. L. 85-929 substituted ''in the
    professional, scientific, and executive service'' for ''in the
    professional and scientific service'', and substituted ''of
    specially qualified scientific, professional, and administrative
    personnel'' for ''of specially qualified scientific or professional
    personnel''.
      Pub. L. 85-462, substituted ''eighty-five positions, of which not
    less than seventy-three shall be for the National Institutes of
    Health'' for ''sixty positions''.
      1956 - Subsec. (g). Act June 29, 1956, substituted ''$20,000''
    for ''$15,000''.
      1955 - Subsec. (g). Act Aug. 1, 1955, increased from thirty to
    sixty the number of positions which the Administrator may establish
    in the professional and scientific service.
      1950 - Subsec. (b). Act Aug. 9, 1950, struck out ''and may be
    granted leaves of absence without any deduction from their pay''
    after ''allotments from their pay'' in first sentence.
      Subsec. (c). Act Aug. 15, 1950, Sec. 3(e), made provisions
    applicable to members of all national advisory councils.
      Subsec. (g). Act Aug. 15, 1950, Sec. 4(b), added subsec. (g).
      1949 - Subsec. (a). Act Oct. 12, 1949, made section applicable to
    Reserve officers.
      Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b)
    and repealed former subsec. (b) relating to Reserve officers.
      Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (e) as (c).
    Former subsec. (c) redesignated (b).
      Subsec. (d). Act Oct. 12, 1949, redesignated subsec. (f) as (d)
    and repealed former subsec. (d) relating to female commissioned
    officers and defining ''dependent''.
      Subsec. (e). Act Oct. 12, 1949, redesignated subsec. (g) as (e)
    and struck out references to allowances.  Former subsec. (e)
    redesignated (c).
      Subsec. (f). Act Oct. 12, 1949, redesignated subsec. (h) as (f).
    Former subsec. (f) redesignated (d).
      Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsecs. (g)
    and (h) as (e) and (f), respectively.
      1948 - Subsec. (b). Act Feb. 28, 1948, inserted ''except as
    otherwise provided by law''.
      Subsec. (e). Acts June 16, 1948, Sec. 4(d), and June 24, 1948,
    Sec. 4(d), made section applicable to the National Advisory Heart
    Council and increased the per diem of all members from $25 to $50,
    and made section applicable to the National Advisory Dental
    Research Council, respectively.
      Subsec. (h). Act Feb. 28, 1948, substituted ''section 209(f) of
    this title'' for ''section 209(d) of this title''.
      1946 - Subsec. (e). Act July 3, 1946, inserted ''members of the
    National Advisory Mental Health Council''.
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Section 17002(a)(2) of Pub. L. 99-272 provided that: ''The
    amendment made by paragraph (1) (amending this section) shall take
    effect as of October 7, 1985.''
                      EFFECTIVE DATE OF 1985 AMENDMENT
      Section 3(b) of Pub. L. 99-117 provided that: ''The amendment
    made by subsection (a) (amending this section) shall not diminish
    any benefits under an agreement entered into before the date of
    enactment of this Act (Oct. 7, 1985) by a commissioned medical
    officer in the Regular Corps or the Reserve Corps of the Public
    Health Service.''
                     EFFECTIVE DATE OF 1962 AMENDMENTS
      Amendment by Pub. L. 87-793 effective first day of first pay
    period which begins on or after Oct. 11, 1962, see section 1008 of
    Pub. L. 87-793.
      Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
    15 of Pub. L. 87-649, set out as an Effective Date note preceding
    section 101 of Title 37, Pay and Allowances of the Uniformed
    Services.
                      EFFECTIVE DATE OF 1960 AMENDMENT
      Amendment by Pub. L. 86-415 effective July 1, 1960, see section
    8(a) of Pub. L. 86-415, set out as a note under section 209 of this
    title.
                     EFFECTIVE DATE OF 1958 AMENDMENTS
      Amendment by Pub. L. 85-929 effective Sept. 6, 1958, see section
    6(a) of Pub. L. 85-929, set out as a note under section 342 of
    Title 21, Food and Drugs.
      Amendment by Pub. L. 85-462 effective June 20, 1958, see section
    17(b) of Pub. L. 85-462.
                      EFFECTIVE DATE OF 1956 AMENDMENT
      Amendment by act July 31, 1956, effective at beginning of first
    pay period commencing after June 30, 1956, see section 120 of act
    July 31, 1956.
                      EFFECTIVE DATE OF 1950 AMENDMENT
      Section 3(a) of act Aug. 9, 1950, provided that: ''Sections 1 and
    2 of this Act (amending this section and enacting section 210-1 of
    this title) shall become effective on July 1, 1950.''
                      EFFECTIVE DATE OF 1949 AMENDMENT
      Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see
    section 533(a) of act Oct. 12, 1949.
                                  REPEALS
      Act July 31, 1956, ch. 804, title I, Sec. 117(b), 70 Stat. 741,
    cited as a credit to this section, which amended subsec. (g) of
    this section to increase the salary rates, was repealed by Pub. L.
    88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      ''Director of the Office of Personnel Management'' substituted
    for ''Civil Service Commission'' in subsec. (g) pursuant to Reorg.
    Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of Title 5, Government Organization and
    Employees, which transferred functions vested by statute in United
    States Civil Service Commission to Director of Office of Personnel
    Management (except as otherwise specified), effective Jan. 1, 1979,
    as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
    44 F.R. 1055, set out under section 1101 of Title 5.
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services, see Ex. Ord. No. 11140, eff.  Jan. 30, 1964, 29 F.R.
    1637, as amended, set out as a note under section 202 of this
    title.
 
-MISC5-
                     TERMINATION OF ADVISORY COMMITTEES
      Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a
    note under section 217a of this title, provided that an advisory
    committee established pursuant to the Public Health Service Act
    shall terminate at such time as may be specifically prescribed by
    an Act of Congress enacted after Jan. 4, 1975.
           REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.
            MAXIMUM PAY AND ALLOWANCES FOR SPECIFIC FISCAL YEARS
      Pub. L. 100-436, title II, Sec. 208, Sept. 20, 1988, 102 Stat.
    1699, provided in part that: ''No funds appropriated for the fiscal
    year ending September 30, 1989, by this or any other Act, may be
    used to pay basic pay, special pays, basic allowances for
    subsistence and basic allowances for quarters of the commissioned
    corps of the Public Health Service described in section 204 of
    title 42, United States Code, at a level that exceeds 110 percent
    of the Executive Level I (5 U.S.C. 5312) annual rate of basic
    pay''.
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 100-202, Sec. 101(h) (title II, Sec. 208), Dec. 22, 1987,
    101 Stat. 1329-256, 1329-274.
      Pub. L. 99-500, Sec. 101(i) (H.R. 5233, title II, Sec. 208), Oct.
    18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) (H.R.
    5233, title II, Sec. 208), Oct. 30, 1986, 100 Stat. 3341-287.
      Pub. L. 99-178, title II, Sec. 208, Dec. 12, 1985, 99 Stat. 1119.
      Pub. L. 98-619, title II, Sec. 208, Nov. 8, 1984, 98 Stat. 3321.
      Pub. L. 98-139, title II, Sec. 208, Oct. 31, 1983, 97 Stat. 888.
                   NURSES AND ALLIED HEALTH PROFESSIONALS
      Pub. L. 100-436, title II, Sec. 214, Sept. 20, 1988, 102 Stat.
    1700, provided that: ''Funds made available for fiscal year 1989
    and hereafter to the National Institutes of Health shall be
    available for payment of nurses and allied health professionals
    using pay, schedule options, benefits, and other authorities as
    provided for the nurses of the Veterans' Administration under 38
    U.S.C. chapter 73.''
 
-CROSS-
                              CROSS REFERENCES
      Allotments by commissioned officers of the Public Health Service,
    see section 704 of Title 37, Pay and Allowances of the Uniformed
    Services.
      National advisory councils, see section 218 of this title.
      Pay and allowances of officers of Public Health Service, see
    Title 37, Pay and Allowances of the Uniformed Services.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 217a, 242k, 286b-2, 289
    of this title; title 21 section 360kk.
 
-CITE-
    42 USC Sec. 210-1                                            01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 210-1. Annual and sick leave
 
-STATUTE-
    (a) Regulations
      In accordance with regulations of the President, commissioned
    officers of the Regular Corps and officers of the Reserve Corps on
    active duty may be granted annual leave and sick leave without any
    deductions from their pay and allowances: Provided, That such
    regulations shall not authorize annual leave to be accumulated in
    excess of sixty days.
    (b) Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499
    (c) Repealed. Pub. L. 96-76, title III, Sec. 311, Sept. 29, 1979,
        93 Stat. 586
    (d) Definitions
      For purposes of this section the term ''accumulated annual
    leave'' means unused accrued annual leave carried forward from one
    leave year into a succeeding leave year, and the term ''accrued
    annual leave'' means the annual leave accruing to an officer during
    one leave year.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 219, as added Aug. 9, 1950,
    ch. 654, Sec. 2, 64 Stat. 426; amended Pub. L. 87-649, Sec. 14b,
    Sept. 7, 1962, 76 Stat. 499; Pub. L. 96-76, title III, Sec. 311,
    Sept. 29, 1979, 93 Stat. 586.)
 
-STATAMEND-
                      PARTIAL REPEAL OF SUBSECTION (D)
        Subsection (d) of this section was repealed by Pub. L. 87-649,
      Sec. 14b, Sept. 7, 1962, 76 Stat. 499, insofar as it was
      applicable to the last sentence of subsection (c) of this section
      which authorized a lump-sum payment to an officer credited with
      unused accumulated and accrued annual leave.  See section 501 of
      Title 37, Pay and Allowances of the Uniformed Services.
 
-MISC1-
                                 AMENDMENTS
      1979 - Subsec. (c). Pub. L. 96-76, repealed subsec. (c) which set
    forth limitations on granting of annual leave under subsec. (a) of
    this section.
      1962 - Subsec. (b). Pub. L. 87-649 repealed subsec. (b) which
    required forfeiture of all pay and allowances of an officer absent
    without leave.  See section 503 of Title 37, Pay and Allowances of
    the Uniformed Services.
      Subsec. (c). Pub. L. 87-649 repealed last sentence which
    authorized a lump-sum payment for unused accumulated and accrued
    annual leave on date of separation, retirement, or release from
    active duty.  See section 501 of Title 37, Pay and Allowances of
    the Uniformed Services.
                      EFFECTIVE DATE OF 1962 AMENDMENT
      Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
    15 of Pub. L. 87-649, set out as an Effective Date note preceding
    section 101 of Title 37, Pay and Allowances of the Uniformed
    Services.
                               EFFECTIVE DATE
      Section effective July 1, 1950, see section 3(a) of act Aug. 9,
    1950, set out as an Effective Date of 1950 Amendment note under
    section 210 of this title.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, of Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as
    amended, set out as a note under section 202 of this title.
 
-MISC5-
     COMPENSATION FOR PRIOR ACCUMULATED AND ACCRUED LEAVE; LIMITATION;
      INAPPLICABLE TO OFFICERS ON TERMINAL LEAVE PRIOR TO JULY 1, 1950
      Section 3(b), (c) of act Aug. 9, 1950, provided that any officer
    credited with more than sixty days of accumulated and accrued leave
    on June 30, 1949, be compensated for so much of such leave as
    exceeds sixty days, that such compensation be due and payable on
    July 1, 1950, and that the provisions of this Act not apply to any
    officer on terminal leave preceding separation, retirement, or
    release from active duty.
                           AVAILABILITY OF FUNDS
      Section 4 of act Aug. 9, 1950, provided for the availability of
    funds for payment of compensation for prior accumulated and accrued
    leave for any officer under section 3 of this Act.
                             LEAVE REGULATIONS
      Section 5 of act Aug. 9, 1950, provided that: ''Except insofar as
    the provisions of this Act (enacting this section, amending section
    210 of this title, and enacting provisions set out as notes under
    this section and section 210 of this title) are inconsistent
    therewith, leave regulations adopted prior to the enactment of this
    Act (Aug. 9, 1950), pursuant to the Public Health Service Act (this
    chapter), shall remain in effect until repealed, amended, or
    superseded.''
 
-CITE-
    42 USC Sec. 210a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 210a. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76
        Stat. 499
 
-MISC1-
      Section, act Feb. 28, 1948, ch. 83, Sec. 5(e), (f), 62 Stat. 41,
    related to service credit for commissioned officers on active duty
    Feb. 28, 1948, and to service credit for pay and promotion purposes
    of certain appointees during period Feb. 28, 1948, to July 1, 1948.
 
-CITE-
    42 USC Sec. 210b                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 210b. Professional categories
 
-STATUTE-
    (a) Division of corps; basis of categories
      For the purpose of establishing eligibility of officers of the
    Regular Corps for promotions, the Surgeon General shall by
    regulation divide the corps into professional categories.  Each
    category shall, as far as practicable, be based upon one of the
    subjects of examination set forth in section 209(a)(1) of this
    title or upon a subdivision of such subject, and the categories
    shall be designed to group officers by fields of training in such
    manner that officers in any one grade in any one category will be
    available for similar duty in the discharge of the several
    functions of the Service.
    (b) Assignment of officers
      Each officer of the Regular Corps on active duty shall, on the
    basis of his training and experience, be assigned by the Surgeon
    General to one of the categories established by regulations under
    subsection (a) of this section.  Except upon amendment of such
    regulations, no assignment so made shall be changed unless the
    Surgeon General finds (1) that the original assignment was
    erroneous, or (2) that the officer is equally well qualified to
    serve in another category to which he has requested to be
    transferred, and that such transfer is in the interests of the
    Service.
    (c) Maximum number of officers in each category
      Within the limits fixed by the Secretary in regulations under
    section 207(d) of this title for any fiscal year, the Surgeon
    General shall determine for each category in the Regular Corps the
    maximum number of officers authorized to be in each of the grades
    from the warrant officer (W-1) grade to the director grade,
    inclusive.
    (d) Vacancies in grade for purposes of promotion
      The excess of the number so fixed for any grade in any category
    over the number of officers of the Regular Corps on active duty in
    such grade in such category (including in the case of the director
    grade, officers holding such grade in accordance with section
    207(c) of this title) shall for the purpose of promotions
    constitute vacancies in such grade in such category.  For purposes
    of this subsection, an officer who has been temporarily promoted or
    who is temporarily holding the grade of director in accordance with
    section 207(c) of this title shall be deemed to hold the grade to
    which so promoted or which he is temporarily holding; but while he
    holds such promotion or grade, and while any officer is temporarily
    assigned to a position pursuant to section 206(c) of this title,
    the number fixed under subsection (c) of this section for the grade
    of his permanent rank shall be reduced by one.
    (e) Absence of vacancy in grade as affecting promotion
      The absence of a vacancy in a grade in a category shall not
    prevent an appointment to such grade pursuant to section 209 of
    this title, a permanent length of service promotion, or the recall
    of a retired officer to active duty; but the making of such an
    appointment, promotion, or recall shall be deemed to fill a vacancy
    if one exists.
    (f) Vacancy in grade as affecting maximum number for each category
      Whenever a vacancy exists in any grade in a category the Surgeon
    General may increase by one the number fixed by him under
    subsection (c) of this section for the next lower grade in the same
    category, without regard to the numbers fixed in regulations under
    section 207(d) of this title; and in that event the vacancy in the
    higher grade shall not be filled except by a permanent promotion,
    and upon the making of such promotion the number for the next lower
    grade shall be reduced by one.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 209, as added Feb. 28, 1948,
    ch. 83, Sec. 5(i), 62 Stat. 41; amended 1953 Reorg. Plan No. 1,
    Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.
    96-76, title III, Sec. 306, Sept. 29, 1979, 93 Stat. 585.)
 
-MISC1-
                              PRIOR PROVISIONS
      A prior section 209 of act July 1, 1944, was renumbered section
    208 and is classified to section 210 of this title.
                                 AMENDMENTS
      1979 - Subsec. (c). Pub. L. 96-76 substituted ''warrant officer
    (W-1)'' for ''assistant''.
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section
    314 of Pub. L. 96-76, set out as a note under section 206 of this
    title.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General abolished by section 3 of Reorg. Plan
    No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610,
    and functions thereof transferred to Secretary of Health,
    Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966,
    set out as a note under section 202 of this title.  Secretary of
    Health, Education, and Welfare redesignated Secretary of Health and
    Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 211 of this title.
 
-CITE-
    42 USC Sec. 211                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 211. Promotion of commissioned officers
 
-STATUTE-
    (a) Permanent or temporary promotions; examination
      Promotions of officers of the Regular Corps to any grade up to
    and including the director grade shall be either permanent
    promotions based on length of service, other permanent promotions
    to fill vacancies, or temporary promotions.  Permanent promotions
    shall be made by the President, by and with the advice and consent
    of the Senate, and temporary promotions shall be made by the
    President. Each permanent promotion shall be to the next higher
    grade, and shall be made only after examination given in accordance
    with regulations of the President.
    (b) Promotion to certain grades only to fill vacancies;
        regulations; ''restricted grade'' defined
      The President may by regulation provide that in a specified
    professional category permanent promotions to the senior grade, or
    to both the full grade and the senior grade, shall be made only if
    there are vacancies in such grade.  A grade in any category with
    respect to which such regulations have been issued is referred to
    in this section as a ''restricted grade''.
    (c) Examinations
      Examinations to determine qualification for permanent promotions
    may be either noncompetitive or competitive, as the Surgeon General
    shall in each case determine; except that examinations for
    promotions to the assistant or senior assistant grade shall in all
    cases be noncompetitive.  The officers to be examined shall be
    selected by the Surgeon General from the professional category, and
    in the order of seniority in the grade, from which promotion is to
    be recommended.  In the case of a competitive examination the
    Surgeon General shall determine in advance of the examination the
    number (which may be one or more) of officers who, after passing
    the examination, will be recommended to the President for
    promotion; but if the examination is one for promotions based on
    length of service, or is one for promotions to fill vacancies other
    than vacancies in the director grade or in a restricted grade, such
    number shall not be less than 80 per centum of the number of
    officers to be examined.
    (d) Permanent promotions to qualified officers on length of service
      Officers of the Regular Corps, found pursuant to subsection (c)
    of this section to be qualified, shall be given permanent
    promotions based on length of service, as follows:
        (1) Officers in the warrant officer (W-1) grade, chief warrant
      officer (W-2) grade, chief warrant officer (W-3) grade, chief
      warrant officer (W-4) grade, and junior assistant grade shall be
      promoted at such times as may be prescribed in regulations of the
      President.
        (2) Officers with permanent rank in the assistant grade, the
      senior assistant grade, and the full grade shall (except as
      provided in regulations under subsection (b) of this section) be
      promoted after completion of three, ten, and seventeen years,
      respectively, of service in grades above the junior assistant
      grade; and such promotions, when made, shall be effective, for
      purposes of pay and seniority in grade, as of the day following
      the completion of such years of service.  An officer with
      permanent rank in the assistant, senior assistant, or full grade
      who has not completed such years of service shall be promoted at
      the same time, and his promotion shall be effective as of the
      same day, as any officer junior to him in the same grade in the
      same professional category who is promoted under this paragraph.
    (e) Promotion of professional category officers to fill certain
        vacancies
      Officers in a professional category of the Regular Corps, found
    pursuant to subsection (c) of this section to be qualified, may be
    given permanent promotions to fill any or all vacancies in such
    category in the senior assistant grade, the full grade, the senior
    grade, or the director grade; but no officer who has not had one
    year of service with permanent or temporary rank in the next lower
    grade shall be promoted to any restricted grade or to the director
    grade.
    (f) Reexamination upon failure of promotion; effective date of
        promotion
      If an officer who has completed the years of service required for
    promotion to a grade under paragraph (2) of subsection (d) of this
    section fails to receive such promotion, he shall (unless he has
    already been twice examined for promotion to such grade) be once
    reexamined for promotion to such grade.  If he is thereupon
    promoted (otherwise than under subsection (e) of this section), the
    effective date of such promotion shall be one year later than it
    would have been but for such failure.  Upon the effective date of
    any permanent promotion of such officer to such grade, he shall be
    considered as having had only the length of service required for
    such promotion which he previously failed to receive.
    (g) Separation from service upon failure of promotion
      If, for reasons other than physical disability, an officer of the
    Regular Corps in the warrant officer (W-1) grade or junior
    assistant grade is found pursuant to subsection (c) of this section
    not to be qualified for promotion he shall be separated from the
    Service. If, for reasons other than physical disability, an officer
    of the Regular Corps in the chief warrant officer (W-2), chief
    warrant officer (W-3), assistant, senior assistant, or full grade,
    after having been twice examined for promotion (other than
    promotion to a restricted grade), fails to be promoted -
        (1) if in the chief warrant officer (W-2) or assistant grade he
      shall be separated from the Service and paid six months' basic
      pay and allowances;
        (2) if in the chief warrant officer (W-3) or senior assistant
      grade he shall be separated from the Service and paid one year's
      basic pay and allowances;
        (3) if in the full grade he shall be considered as not in line
      for promotion and shall, at such time thereafter as the Surgeon
      General may determine, be retired from the Service with retired
      pay (unless he is entitled to a greater amount by reason of
      another provision of law) -
          (A) in the case of an officer who first became a member of a
        uniformed service before September 8, 1980, at the rate of 2
        1/2 percent of the retired pay base determined under section
        1406(h) of title 10 for each year, not in excess of 30, of his
        active commissioned service in the Service; or
          (B) in the case of an officer who first became a member of a
        uniformed service on or after September 8, 1980, at the rate
        determined by multiplying -
            (i) the retired pay base determined under section 1407 of
          title 10; by
            (ii) the retired pay multiplier determined under section
          1409 of such title for the number of years of his active
          commissioned service in the Service.
    (h) Separation from service upon refusal to stand examination
      If an officer of the Regular Corps, eligible to take an
    examination for promotion, refuses to take such examination, he may
    be separated from the Service in accordance with regulations of the
    President.
    (i) Review of record; separation from service
      At the end of his first three years of service, the record of
    each officer of the Regular Corps originally appointed to the
    senior assistant grade or above, shall be reviewed in accordance
    with regulations of the President and, if found not qualified for
    further service, he shall be separated from the Service and paid
    six months' pay and allowances.
    (j) Determination of order of seniority
      (1) The order of seniority of officers in a grade in the Regular
    Corps shall be determined, subject to the provisions of paragraph
    (2) of this subsection, by the relative length of time spent in
    active service after the effective date of each such officer's
    original appointment or permanent promotion to that grade.  When
    permanent promotions of two or more officers to the same grade are
    effective on the same day, their relative seniority shall be the
    same as it was in the grade from which promoted.  In all other
    cases of original appointments or permanent promotions (or both) to
    the same grade effective on the same day, relative seniority shall
    be determined in accordance with regulations of the President.
      (2) In the case of an officer originally appointed in the Regular
    Corps to the grade of assistant or above, his seniority in the
    grade to which appointed shall be determined after inclusion, as
    service in such grade, of any active service in such grade or in
    any higher grade in the Reserve Corps, but (if the appointment is
    to the grade of senior assistant or above) only to the extent of
    whichever of the following is greater: (A) His active service in
    such grade or any higher grade in the Reserve Corps after the first
    day on which, under regulations in effect on the date of his
    appointment to the Regular Corps, he had the training and
    experience necessary for such appointment, or (B) the excess of his
    total active service in the Reserve Corps (above the grade of
    junior assistant) over three years if his appointment in the
    Regular Corps is to the senior assistant grade, over ten years if
    the appointment is to the full grade, or over seventeen years if
    the appointment is to the senior grade.
    (k) Temporary promotions; fill vacancy in higher grade; war or
        national emergency; selection of officers; termination of
        appointment
      Any commissioned officer of the Regular Corps in any grade in any
    professional category may be recommended to the President for
    temporary promotion to fill a vacancy in any higher grade in such
    category, up to and including the director grade.  In time of war,
    or of national emergency proclaimed by the President, any
    commissioned officer of the Regular Corps in any grade in any
    professional category may be recommended to the President for
    promotion to any higher grade in such category, up to and including
    the director grade, whether or not a vacancy exists in such grade.
    The selection of officers to be recommended for temporary
    promotions shall be made in accordance with regulations of the
    President. Promotion of an officer recommended pursuant to this
    subsection may be made without regard to length of service, without
    examination, and without vacating his permanent appointment, and
    shall carry with it the pay and allowances of the grade to which
    promoted.  Such promotions may be terminated at any time, as may be
    directed by the President.
    (l) Determination of requirements of Service by Secretary;
        assignment of Reserve Officers to professional categories;
        temporary promotions; termination of temporary promotions
      Whenever the number of officers of the Regular Corps on active
    duty, plus the number of officers of the Reserve Corps who have
    been on active duty for thirty days or more, exceeds the authorized
    strength of the Regular Corps, the Secretary shall determine the
    requirements of the Service in each grade in each category, based
    upon the total number of officers so serving on active duty and the
    tasks being performed by the Service; and the Surgeon General shall
    thereupon assign each officer of the Reserve Corps on active duty
    to a professional category.  If the Secretary finds that the number
    of officers fixed under section 210b(c) of this title for any grade
    and category (or the number of officers, including officers of the
    Reserve Corps, on active duty in such grade in such category, if
    such number is greater than the number fixed under section 210b(c)
    of this title) is insufficient to meet such requirements of the
    Service, officers of either the Regular Corps or the Reserve Corps
    may be recommended for temporary promotion to such grade in such
    category.  Any such promotion may be terminated at any time, as may
    be directed by the President.
    (m) Acceptance of promotion; oath and affidavit
      Any officer of the Regular Corps, or any officer of the Reserve
    Corps on active duty, who is promoted to a higher grade shall,
    unless he expressly declines such promotion, be deemed for all
    purposes to have accepted such promotion; and shall not be required
    to renew his oath of office, or to execute a new affidavit as
    required by section 3332 of title 5.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 210, 58 Stat. 687; Feb. 28,
    1948, ch. 83, Sec. 6(a), 62 Stat. 42; Oct. 12, 1949, ch. 681, title
    V, Sec. 521(c), 63 Stat. 835; 1953 Reorg. Plan No. 1, Sec. 5, 8,
    eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch.
    211, Sec. 4(a), 70 Stat. 117; Pub. L. 86-415, Sec. 5(c), Apr. 8,
    1960, 74 Stat. 34; Pub. L. 87-649, Sec. 11(2), Sept. 7, 1962, 76
    Stat. 497; Pub. L. 96-76, title III, Sec. 307, Sept. 29, 1979, 93
    Stat. 585; Pub. L. 96-342, title VIII, Sec. 813(h)(1), Sept. 8,
    1980, 94 Stat. 1110; Pub. L. 99-348, title II, Sec. 207(a), July 1,
    1986, 100 Stat. 701.)
 
-COD-
                                CODIFICATION
      In subsec. (m), ''section 3332 of title 5'' substituted for ''the
    Act of December 11, 1926, as amended (5 U.S.C. 21a)'' on authority
    of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
    first section of which enacted Title 5, Government Organization and
    Employees.
 
-MISC3-
                                 AMENDMENTS
      1986 - Subsec. (g)(3). Pub. L. 99-348 added subpars. (A) and (B)
    and struck out former subpars. (A) and (B) which read as follows:
      ''(A) in the case of an officer who first became a member of a
    uniformed service before September 8, 1980, at the rate of 2 1/2
    per centum of basic pay of the permanent grade held by him at the
    time of retirement for each year, not in excess of thirty, of his
    active commissioned service in the Service; or
      ''(B) in the case of an officer who first became a member of a
    uniformed service on or after September 8, 1980, 2 1/2 per centum
    of the monthly retired pay base computed under section 1407(h) of
    title 10, for each year, not in excess of thirty, of his active
    commissioned service in the Service.''
      1980 - Subsec. (g)(3). Pub. L. 96-342 revised provisions into
    subpars. (A) and (B) and substituted provisions respecting
    computation of retired pay for officers who became members of the
    uniformed service before Sept. 8, 1980, and for officers who became
    members of the uniformed service on or after Sept. 8, 1980, for
    provisions respecting computation of retired pay for officers.
      1979 - Subsec. (d)(1). Pub. L. 96-76, Sec. 307(a), inserted
    applicability to warrant officers and chief warrant officers.
      Subsec. (g). Pub. L. 96-76, Sec. 307(b), in provision before par.
    (1), inserted applicability to separation from Service of warrant
    officers and chief warrant officers subsequent to one examination
    or two examinations, respectively, in par. (1), inserted
    applicability to a chief warrant officer (W-2), and in par. (2),
    inserted applicability to a chief warrant officer (W-3).
      1962 - Subsec. (g). Pub. L. 87-649 substituted ''basic pay'' for
    ''pay'' in cls. (1) and (2).
      1960 - Subsec. (g). Pub. L. 86-415 substituted ''of the basic pay
    of the permanent grade held by him at the time of retirement for
    each year'' for ''of his active duty pay at the time of retirement
    for each complete year'' in cl. (3).
      1956 - Subsec. (d)(2). Act Apr. 27, 1956, struck out ''pay period
    and for purposes of'' before ''seniority in grade''.
      1949 - Subsec. (g). Act Oct. 12, 1949, struck out ''incurred in
    line of duty'' wherever appearing.
      1948 - Act Feb. 28, 1948, amended subsecs. (a) to (c) generally
    and added subsecs. (d) to (m).
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section
    314 of Pub. L. 96-76, set out as a note under section 206 of this
    title.
                      EFFECTIVE DATE OF 1962 AMENDMENT
      Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
    15 of Pub. L. 87-649, set out as an Effective Date note preceding
    section 101 of Title 37, Pay and Allowances of the Uniformed
    Services.
                      EFFECTIVE DATE OF 1949 AMENDMENT
      Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see
    section 533(a) of act Oct. 12, 1949.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 this title.  Federal Security
    Agency and office of Administrator abolished by section 8 of Reorg.
    Plan No. 1 of 1953. Secretary and Department of Health, Education,
    and Welfare redesignated Secretary and Department of Health and
    Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as
    amended, set out as a note under section 202 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 210, 212 of this title;
    title 10 section 1406.
 
-CITE-
    42 USC Sec. 211a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 211a. Repealed. Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87
        Stat. 936
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title XIII, Sec. 1311,
    formerly title VII, Sec. 711, as added Feb. 28, 1948, ch. 83, Sec.
    9(b), 62 Stat. 47; renumbered title VIII, Sec. 811, July 30, 1956,
    ch. 779, Sec. 3(b), 70 Stat. 721; renumbered title IX, Sec. 911,
    Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; renumbered
    title X, Sec. 1011, Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79
    Stat. 931; renumbered title XI, Sec. 1111, Dec. 24, 1970, Pub. L.
    91-572, Sec. 6(b), 84 Stat. 1506; renumbered title XII, Sec. 1211,
    May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; renumbered
    title XIII, Sec. 1311, Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2),
    87 Stat. 604, provided for appointment to higher grades of Public
    Health Service officers for mental health and hospital construction
    activities.
 
-CITE-
    42 USC Sec. 211b                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 211b. Repealed. Pub. L. 94-412, title V, Sec. 501(f), Sept.
        14, 1976, 90 Stat. 1258
 
-MISC1-
      Section, act Feb. 28, 1948, ch. 83, Sec. 6(b)-(f), 62 Stat. 45,
    dealt with promotion of Public Health Service officers.
                             SAVINGS PROVISION
      Repeal not to affect any action taken or proceeding pending at
    the time of repeal, see section 501(h) of Pub. L. 94-412, set out
    as a note under section 1601 of Title 50, War and National Defense.
 
-CITE-
    42 USC Sec. 211c                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 211c. Promotion credit for medical officers in assistant grade
 
-STATUTE-
      Any medical officer of the Regular Corps of the Public Health
    Service who -
        (1)(A) was appointed to the assistant grade in the Regular
      Corps and whose service in such Corps has been continuous from
      the date of appointment or (B) may hereafter be appointed to the
      assistant grade in the Regular Corps, and
        (2) had or will have completed a medical internship on the date
      of such appointment,
    shall be credited with one year for purposes of promotion and
    seniority in grade, except that no such credit shall be authorized
    if the officer has received or will receive similar credit for his
    internship under other provisions of law.  In the case of an
    officer on active duty on the effective date of this section who is
    entitled to the credit authorized herein, the one year shall be
    added to the promotion and seniority-in-grade credits with which he
    is credited on such date.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 220, as added Apr. 30, 1956,
    ch. 223, Sec. 3, 70 Stat. 121.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      For ''the effective date of this section'', referred to in text,
    see section 7 of act Apr. 30, 1956, which provided in part that
    this section shall become effective the first day of the month
    following the day of enactment, Apr. 30, 1956.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
 
-CITE-
    42 USC Sec. 212                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 212. Retirement of commissioned officers
 
-STATUTE-
    (a) Age; voluntariness; length of service; computation of retired
        pay
      (1) A commissioned officer of the Service shall, if he applies
    for retirement, be retired on or after the first day of the month
    following the month in which he attains the age of sixty-four
    years.  This paragraph does not permit or require the involuntary
    retirement of any individual because of the age of the individual.
      (2) A commissioned officer of the Service may be retired by the
    Secretary, and shall be retired if he applies for retirement, on
    the first day of any month after completion of thirty years of
    active service.
      (3) Any commissioned officer of the Service who has had less than
    thirty years of active service may be retired by the Secretary,
    with or without application by the officer, on the first day of any
    month after completion of twenty or more years of active service of
    which not less than ten are years of active commissioned service in
    any of the uniformed services.
      (4) Except as provided in paragraph (6), a commissioned officer
    retired pursuant to paragraph (1), (2), or (3) who was (in the case
    of an officer in the Reserve Corps) on active duty with the Service
    on the day preceding such retirement shall be entitled to receive
    retired pay at the rate of 2 1/2 per centum of the basic pay of the
    highest grade held by him as such officer and in which, in the case
    of a temporary promotion to such grade, he has performed active
    duty for not less than six months, (A) for each year of active
    service, or (B) if it results in higher retired pay, for each of
    the following years:
        (i) his years of active service (determined without regard to
      subsection (d) of this section) as a member of a uniformed
      service; plus
        (ii) in the case of a medical or dental officer, four years
      and, in the case of a medical officer, who has completed one year
      of medical internship or the equivalent thereof, one additional
      year, the four years and the one year to be reduced by the period
      of active service performed during such officer's attendance at
      medical school or dental school or during his medical internship;
      plus
        (iii) the number of years of service with which he was entitled
      to be credited for purposes of basic pay on May 31, 1958, or (if
      higher) on any date prior thereto, reduced by any such year
      included under clause (i) and further reduced by any such year
      with which he was entitled to be credited under paragraphs (7)
      and (8) of section 205(a) of title 37 on any date before June 1,
      1958;
    except that (C) in the case of any officer whose retired pay, so
    computed, is less than 50 per centum of such basic pay, who retires
    pursuant to paragraph (1) of this subsection, who has not less than
    twelve whole years of active service (computed without the
    application of subsection (e) of this section), and who does not
    use, for purposes of a retirement annuity under subchapter III of
    chapter 83 of title 5, any service which is also creditable in
    computing his retired pay from the Service, it shall, instead, be
    50 per centum of such pay, and (D) the retired pay of an officer
    shall in no case be more than 75 per centum of such basic pay.
      (5) With the approval of the President, a commissioned officer
    whose service as Surgeon General, Deputy Surgeon General, or
    Assistant Surgeon General has totaled four years or more and who
    has had not less than twenty-five years of active service in the
    Service may retire voluntarily at any time; and except as provided
    in paragraph (6), his retired pay shall be at the rate of 75 per
    centum of the basic pay of the highest grade held by him as such
    officer.
      (6) The retired pay of a commissioned officer retired under this
    subsection who first became a member of a uniformed service after
    September 7, 1980, is determined by multiplying -
        (A) the retired pay base determined under section 1407 of title
      10; by
        (B) the retired pay multiplier determined under section 1409 of
      such title for the number of years of service credited to the
      officer under paragraph (4).
      (7) Retired pay computed under section 211(g)(3) of this title or
    under paragraph (4) or (5) of this subsection, if not a multiple of
    $1, shall be rounded to the next lower multiple of $1.
    (b) Basic pay of highest temporary grade
      For purposes of subsection (a) of this section, the basic pay of
    the highest grade to which a commissioned officer has received a
    temporary promotion means the basic pay to which he would be
    entitled if serving on active duty in such grade on the date of his
    retirement.
    (c) Recall to active duty
      A commissioned officer, retired for reasons other than for
    failure of promotion to the senior grade, may (1) if an officer of
    the Regular Corps or an officer of the Reserve Corps entitled to
    retired pay under subsection (a) of this section, be involuntarily
    recalled to active duty during such times as the Commissioned Corps
    constitutes a branch of the land or naval forces of the United
    States, and (2) if an officer of either the Regular or Reserve
    Corps, be recalled to active duty at any time with his consent.
    (d) ''Active service'' defined
      The term ''active service'', as used in subsection (a) of this
    section, includes:
        (1) all active service in any of the uniformed services;
        (2) active service with the Public Health Service, other than
      as a commissioned officer, which the Surgeon General determines
      is comparable to service performed by commissioned officers of
      the Service, except that, if there are more than five years of
      such service only the last five years thereof may be included;
        (3) all active service (other than service included under the
      preceding provisions of this subsection) which is creditable for
      retirement purposes under laws governing the retirement of
      members of any of the uniformed services; and
        (4) service performed as a member of the Senior Biomedical
      Research Service established by section 237 of this title, except
      that, if there are more than 5 years of such service, only the
      last 5 years thereof may be included.
    (e) Crediting of part of year
      For the purpose of determining the number of years by which a
    percentage of the basic pay of an officer is to be multiplied in
    computing the amount of his retired pay pursuant to section
    211(g)(3) of this title or paragraph (4) of subsection (a) of this
    section, each full month of service that is in addition to the
    number of full years of service credited to an officer is counted
    as one-twelfth of a year and any remaining fractional part of a
    month is disregarded.
    (f) Retirement or separation for physical disability
      For purposes of retirement or separation for physical disability
    under chapter 61 of title 10, a commissioned officer of the Service
    shall be credited, in addition to the service described in section
    1208(a)(2) of that title, with active service with the Public
    Health Service, other than as a commissioned officer, which the
    Surgeon General determines is comparable to service performed by
    commissioned officers of the Service, except that, if there are
    more than five years of such service, only the last five years
    thereof may be so credited.  For such purposes, such section
    1208(a)(2) shall be applicable to officers of the Regular or
    Reserve Corps of the Service.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 211, 58 Stat. 688; Feb. 28,
    1948, ch. 83, Sec. 7, 62 Stat. 46; Oct. 12, 1949, ch. 681, title V,
    Sec. 521(d), 63 Stat. 835; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.
    Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211,
    Sec. 5(a)-(c), 70 Stat. 117; Aug. 10, 1956, ch. 1041, Sec. 5, 70A
    Stat. 620; Pub. L. 86-415, Sec. 4, Apr. 8, 1960, 74 Stat. 33; Pub.
    L. 91-253, Sec. 1, May 14, 1970, 84 Stat. 216; Pub. L. 96-76, title
    III, Sec. 308, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-342, title
    VIII, Sec. 813(h)(2), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 97-25,
    title III, Sec. 303(b), July 27, 1981, 95 Stat. 145; Pub. L. 97-35,
    title XXVII, Sec. 2765(a), Aug. 13, 1981, 95 Stat. 932; Pub. L.
    98-94, title IX, Sec. 922(d), 923(f), Sept. 24, 1983, 97 Stat. 642,
    643; Pub. L. 99-348, title II, Sec. 207(b), July 1, 1986, 100 Stat.
    702; Pub. L. 101-509, title V, Sec. 529 (title III, Sec. 304(b)),
    Nov. 5, 1990, 104 Stat. 1427, 1464.)
 
-COD-
                                CODIFICATION
      In subsec. (a)(4), ''subchapter III of chapter 83 of title 5''
    substituted for ''the Civil Service Retirement Act'' on authority
    of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
    first section of which enacted Title 5, Government Organization and
    Employees.
 
-MISC3-
                                 AMENDMENTS
      1990 - Subsec. (d)(4). Pub. L. 101-509 added par. (4).
      1986 - Subsec. (a)(6). Pub. L. 99-348 amended par. (6)
    generally.  Prior to amendment, par. (6) read as follows: ''In
    computing retired pay under paragraph (4) or (5) in the case of any
    commissioned officer who first became a member of a uniformed
    service on or after September 8, 1980, the monthly retired pay base
    computed under section 1407(h) of title 10 shall be used in lieu of
    using the basic pay of the highest grade held by him as such
    officer.''
      1983 - Subsec. (a)(7). Pub. L. 98-94, Sec. 922(d), added par.
    (7).
      Subsec. (e). Pub. L. 98-94, Sec. 923(f), substituted ''each full
    month of service that is in addition to the number of full years of
    service credited to an officer is counted as one-twelfth of a year
    and any remaining fractional part of a month is disregarded'' for
    ''a part of a year that is six months or more is counted as a whole
    year, and a part of a year that is less than six months is
    disregarded''.
      1981 - Subsec. (a)(1). Pub. L. 97-35 substituted ''shall, if he
    applies for retirement, be retired on or after'' for ''shall be
    retired on'', and substituted provisions relating to involuntary
    retirement as a result of age, for provisions relating to
    inapplicability to the Surgeon General.
      Pub. L. 97-25 inserted provision that this paragraph does not
    apply to Surgeon General.
      1980 - Subsec. (a)(4). Pub. L. 96-342, Sec. 813(h)(2)(A),
    substituted ''Except as provided in paragraph (6), a'' for ''A''.
      Subsec. (a)(5). Pub. L. 96-342, Sec. 813(h)(2)(B), substituted
    ''except as provided in paragraph (6), his'' for ''his''.
      Subsec. (a)(6). Pub. L. 96-342, Sec. 813(h)(2)(C), added par.
    (6).
      1979 - Subsec. (e). Pub. L. 96-76 struck out requirement
    respecting active service for purposes of credit.
      1970 - Subsec. (a)(4). Pub. L. 91-253 inserted ''plus'' after the
    semicolon at end of cl. (ii) and added cl. (iii).
      1960 - Pub. L. 86-415 amended section generally, and among other
    changes, authorized retirement of commissioned officers who have
    had less than 30 years of active service any time after the
    completion of 20 years of active service, permitted persons who
    have served as Deputy Surgeons General or Assistant Surgeons
    General for four or more years and who have had at least 25 years
    of active service to retire voluntarily at any time, provided for
    the recall to active duty of officers of the Reserve Corps entitled
    to retired pay under subsection (a) of this section during such
    times as the Corps constitutes a branch of the land or naval forces
    of the United States, authorized credit, for retirement purposes,
    of active service in the uniformed services and limited to five
    years the crediting of active service with the Public Health
    Service other than as a commissioned officer, and established the
    methods for computation of retired pay for active duty officers
    retiring for age or length of service.
      1956 - Subsec. (a). Act Apr. 27, 1956, Sec. 5(a), authorized
    crediting of noncommissioned service for purposes of retirement.
      Subsec. (b)(1). Act Apr. 27, 1956, Sec. 5(b), authorized
    crediting of noncommissioned service in the Service for purposes of
    retirement.
      Subsec. (c). Act Apr. 27, 1956, Sec. 5(c), permitted recall of
    retired officers of the Regular Corps without their consent
    whenever the Regular Corps has military status, and authorized
    recall of retired officers of the Regular or Reserve Corps with
    their consent at any time.
      Subsec. (g). Act Aug. 10, 1956, provided for crediting of service
    for purposes of retirement or separation for physical disability
    under chapter 61 of title 10.
      1949 - Subsec. (a). Act Oct. 12, 1949, redesignated subsec. (b)
    as (a), substituted ''subsection (b)'' for ''subsection (c)'' and
    repealed former subsec. (a) relating to retirement for disability
    or disease.
      Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b)
    and struck out reference to retirement for disability or disease.
    Former subsec. (b) redesignated (a).
      Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (d) as (c)
    and struck out reference to recovery from a disability.  Former
    subsec. (c) redesignated (b).
      Subsecs. (d) to (f). Act Oct. 12, 1949, redesignated subsecs. (e)
    to (g) as (d) to (f), respectively.  Former subsec. (d)
    redesignated (c).
      Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsec. (h) as
    (g) and amended subsection generally to relate to retirement or
    separation for physical disability.  Former subsec. (g)
    redesignated (f).
      1948 - Subsec. (b). Act Feb. 28, 1948, inserted length of service
    for retirement purposes.
      Subsec. (c)(2). Act Feb. 28, 1948, made subdivision applicable to
    grade of Assistant Surgeon General.
      Subsec. (d). Act Feb. 28, 1948, substituted ''under the
    provisions of subsection (b) of this section'' for ''for age''.
      Subsecs. (g), (h). Act Feb. 28, 1948, added subsecs. (g) and (h).
 
-CHANGE-
                               CHANGE OF NAME
      Senior Biomedical Research Service changed to Silvio O. Conte
    Senior Biomedical Research Service by Pub. L. 103-43, title XX,
    Sec. 2001, June 10, 1993, 107 Stat. 208. See section 237 of this
    title.
 
-MISC4-
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Section 529 (title III, Sec. 304(c)) of Pub. L. 101-509 provided
    that: ''Except as otherwise provided, the provisions of this
    section (enacting section 237 of this title and amending this
    section) shall be effective on the 90th day following the date of
    the enactment of this Act (Nov. 5, 1990).''
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by section 922(d) of Pub. L. 98-94 effective Oct. 1,
    1983, see section 922(e) of Pub. L. 98-94, set out as a note under
    section 1401 of Title 10, Armed Forces.
      Amendment by section 923(f) of Pub. L. 98-94 applicable with
    respect to the computation of retired or retainer pay of any
    individual who becomes entitled to that pay after Sept. 30, 1983,
    see section 923(g) of Pub. L. 98-94, set out as a note under
    section 1174 of Title 10.
                      EFFECTIVE DATE OF 1970 AMENDMENT
      Section 2 of Pub. L. 91-253 provided that: ''The amendments made
    by this Act (amending this section) shall apply in the case of
    retired pay for any period after the month in which this Act is
    enacted (May 1970).''
                      EFFECTIVE DATE OF 1960 AMENDMENT
      Section 8(b) of Pub. L. 86-415 provided that: ''The amendment
    made by section 4 (amending this section) shall become effective on
    the date of enactment of this Act (Apr. 8, 1960) in the case of
    commissioned officers of the Regular Corps of the Public Health
    Service, and on July 1, 1960, in the case of commissioned officers
    of the Reserve Corps of the Public Health Service.''
                      EFFECTIVE DATE OF 1949 AMENDMENT
      Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see
    section 533(a) of act Oct. 12, 1949.
                             SAVINGS PROVISION
      Section 8(c), (d) of Pub. L. 86-415 provided that:
      ''(c) An officer in the Regular Corps on active duty on the date
    of enactment of this Act (Apr. 8, 1960) may be retired and have his
    retired pay computed under section 211 of the Public Health Service
    Act, as amended by this Act (this section), or, if he so elects,
    under such section as in effect prior to the date of enactment of
    this Act (Apr. 8, 1960).
      ''(d) The limitation under subsection (f) of section 211 of the
    Public Health Service Act, as amended by this Act (subsec. (f) of
    this section), on the amount of active service with the Public
    Health Service, other than as a commissioned officer, which may be
    counted for purposes of retirement or separation for physical
    disability, shall not apply in the case of any officer of the
    Reserve Corps of the Public Health Service on active duty on June
    30, 1960.''
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services, see Ex. Ord. No. 11140, eff.  Jan. 30, 1964, 29 F.R.
    1637, as amended, set out as a note under section 202 of this
    title.
 
-MISC5-
                COVERAGE UNDER CIVIL SERVICE RETIREMENT ACT
      Creditable service for purposes of the Civil Service Retirement
    Act for certain commissioned officers of the Regular or Reserve
    Corps of the Public Health Service, see section 6(a), (b) of Pub.
    L. 86-415, set out as a note under section 8332 of Title 5,
    Government Organization and Employees.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 209, 210 of this title;
    title 10 section 1406.
 
-CITE-
    42 USC Sec. 212a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 212a. Repealed. Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87
        Stat. 936
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title XIII, Sec. 1312,
    formerly title VII, Sec. 712, as added Feb. 28, 1948, ch. 83, Sec.
    9(b), 62 Stat. 47; renumbered title VIII, Sec. 812, July 30, 1956,
    ch. 779, Sec. 3(b), 70 Stat. 721; renumbered title IX, Sec. 912,
    Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; renumbered
    title X, Sec. 1012, Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79
    Stat. 931; renumbered title XI, Sec. 1112, Dec. 24, 1970, Pub. L.
    91-572, Sec. 6(b), 84 Stat. 1506; renumbered title XII, Sec. 1212,
    May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; renumbered
    title XIII, Sec. 1312, Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2),
    87 Stat. 604, provided for retirement of certain officers of
    Reserve Corps of the Public Health Service for disability.
 
-CITE-
    42 USC Sec. 212b                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 212b. Repealed. Apr. 27, 1956, ch. 211, Sec. 5(d), 70 Stat.
        117
 
-MISC1-
      Section, act July 31, 1953, ch. 296, title II, Sec. 201, 67 Stat.
    254, authorized recall of retired officers of the Service. See
    section 212(c) of this title.
 
-CITE-
    42 USC Sec. 213                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 213. Military benefits
 
-STATUTE-
    (a) Rights, privileges, immunities, and benefits accorded to
        commissioned officers or their survivors
      Except as provided in subsection (b) of this section,
    commissioned officers of the Service and their surviving
    beneficiaries shall, with respect to active service performed by
    such officers -
        (1) in time of war;
        (2) on detail for duty with the Army, Navy, Air Force, Marine
      Corps, or Coast Guard; or
        (3) while the Service is part of the military forces of the
      United States pursuant to Executive order of the President;
    be entitled to all rights, privileges, immunities, and benefits now
    or hereafter provided under any law of the United States in the
    case of commissioned officers of the Army or their surviving
    beneficiaries on account of active military service, except retired
    pay and uniform allowances.
    (b) Award of decorations
      The President may prescribe the conditions under which
    commissioned officers of the Service may be awarded military
    ribbons, medals, and decorations.
    (c) Authority of Surgeon General
      The authority vested by law in the Department of the Army, the
    Secretary of the Army, or other officers of the Department of the
    Army with respect to rights, privileges, immunities, and benefits
    referred to in subsection (a) of this section shall be exercised,
    with respect to commissioned officers of the Service, by the
    Surgeon General.
    (d) Active service deemed active military service with respect to
        laws administered by Secretary of Veterans Affairs
      Active service of commissioned officers of the Service shall be
    deemed to be active military service in the Armed Forces of the
    United States for the purposes of all laws administered by the
    Secretary of Veterans Affairs (except the Servicemen's Indemnity
    Act of 1951) and section 417 of this title.
    (e) Active service deemed active military service with respect to
        Soldiers' and Sailors' Civil Relief Act of 1940
      Active service of commissioned officers of the Service shall be
    deemed to be active military service in the Armed Forces of the
    United States for the purposes of all rights, privileges,
    immunities, and benefits now or hereafter provided under the
    Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. U.S.C. 501
    et seq.).
    (f) Active service deemed active military service with respect to
        anti-discrimination laws
      Active service of commissioned officers of the Service shall be
    deemed to be active military service in the Armed Forces of the
    United States for purposes of all laws related to discrimination on
    the basis of race, color, sex, ethnicity, age, religion, and
    disability.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 212, 58 Stat. 689; July 15,
    1954, ch. 507, Sec. 14(a), 68 Stat. 481; Aug. 1, 1956, ch. 837,
    title V, Sec. 501(b)(1), 70 Stat. 881; Pub. L. 94-278, title XI,
    Sec. 1101, Apr. 22, 1976, 90 Stat. 415; Pub. L. 102-54, Sec.
    13(q)(1)(C), June 13, 1991, 105 Stat. 278; Pub. L. 105-392, title
    IV, Sec. 402(a), Nov. 13, 1998, 112 Stat. 3587.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Servicemen's Indemnity Act of 1951, referred to in subsec.
    (d), is act Apr. 25, 1951, ch. 39, pt.  I, 65 Stat. 33, which was
    classified generally to subchapter II (Sec. 851 et seq.) of chapter
    13 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and
    was repealed by act Aug. 1, 1956, ch. 873, title V, Sec. 502(9), 70
    Stat. 886.
      The Soldiers' and Sailors' Civil Relief Act of 1940, referred to
    in subsec. (e), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as
    amended, which is classified to section 501 et seq. of Title 50,
    Appendix, War and National Defense. For complete classification of
    this Act to the Code, see section 501 of Title 50, Appendix, and
    Tables.
 
-MISC2-
                                 AMENDMENTS
      1998 - Subsec. (f). Pub. L. 105-392 added subsec. (f).
      1991 - Subsec. (d). Pub. L. 102-54 substituted ''Secretary of
    Veterans Affairs'' for ''Veterans' Administration''.
      1976 - Subsec. (e). Pub. L. 94-278 added subsec. (e).
      1956 - Act Aug. 1, 1956, amended section generally to extend all
    rights, privileges, immunities, and benefits provided for
    commissioned officers of the Army or their surviving beneficiaries
    to commissioned officers of the Service, with the exception of
    retired pay and uniform allowances, when performing duty under
    certain circumstances, and to provide that active service of
    commissioned officers shall be deemed to be active military service
    in the Armed Forces for the purposes of all laws administered by
    the Veterans' Administration (except the Servicemen's Indemnity Act
    of 1951) and section 417 of this title.
      1954 - Subsec. (a)(1). Act July 15, 1954, struck out ''burial
    payments in the event of death,'' after ''limited to,''.
              EFFECTIVE DATE OF 1956 AMENDMENT; APPLICABILITY
      Section 501(b)(2) of act Aug. 1, 1956, provided that: ''The
    amendment made by this subsection (amending this section) (A) shall
    apply only with respect to service performed on or after July 4,
    1952, (B) shall not be construed to affect the entitlement of any
    person to benefits under the Veterans' Readjustment Assistance Act
    of 1952 (act July 16, 1952, ch. 875, 66 Stat. 633), (C) shall not
    be construed to authorize any payment under section 202(i) of the
    Social Security Act (section 402(i) of this title), or under
    Veterans Regulation Numbered 9(a), for any death occurring prior to
    January 1, 1957, and (D) shall not be construed to authorize
    payment of any benefits for any period prior to January 1, 1957.''
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service and functions of all agencies of or in Public Health
    Service transferred to Secretary of Health, Education, and Welfare
    by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80
    Stat. 1610, set out as a note under section 202 of this title.
    Secretary of Health, Education, and Welfare redesignated Secretary
    of Health and Human Services by section 509(b) of Pub. L. 96-88
    which is classified to section 3508(b) of Title 20, Education.
 
-MISC5-
     RECOMPUTATION OF SOCIAL SECURITY BENEFITS FOR OFFICERS ENTITLED TO
        OLD-AGE INSURANCE BENEFITS PRIOR TO JANUARY 1, 1957, OR FOR
          SURVIVORS OF OFFICERS WHO DIED PRIOR TO JANUARY 1, 1957
      Section 501(b)(3) of act Aug. 1, 1956, provided that: ''In the
    case of any individual -
        ''(A) who performed active service (i) as a commissioned
      officer of the Public Health Service at any time during the
      period beginning July 4, 1952, and ending December 31, 1956, or
      (ii) as a commissioned officer of the Coast and Geodetic Survey
      at any time during the period beginning July 29, 1945, and ending
      December 31, 1956; and
        ''(B)(i) who became entitled to old-age insurance benefits
      under section 202(a) of the Social Security Act (section 402(a)
      of this title) prior to January 1, 1957, or
        ''(ii) who died prior to January 1, 1957, and whose widow,
      child, or parent is entitled for the month of January 1957, on
      the basis of his wages and self-employment income, to a monthly
      survivor's benefit under section 202 of such act (section 402 of
      this title); and
        ''(C) any part of whose service described in subparagraph (A)
      was not included in the computation of his primary insurance
      amount under section 215 of such act (section 415 of this title)
      but would have been included in such computation if the amendment
      made by paragraph (1) of this subsection or paragraph (1) of
      subsection (d) had been effective prior to the date of such
      computation,
    the Secretary of Health, Education, and Welfare (now Health and
    Human Services) shall, notwithstanding the provisions of section
    215(f)(1) of the Social Security Act (section 415(f)(1) of this
    title), recompute the primary insurance amount of such individual
    upon the filing of an application, after December 1956, by him or
    (if he dies without filing such an application) by any person
    entitled to monthly survivor's benefits under section 202 of such
    act (section 402 of this title) on the basis of his wages and
    self-employment income.  Such recomputation shall be made only in
    the manner, provided in title II of the Social Security Act
    (sections 401 to 425 of this title) as in effect at the time of the
    last previous computation or recomputation of such individual's
    primary insurance amount, and as though application therefor was
    filed in the month in which application for such last previous
    computation or recomputation was filed.  No recomputation made
    under this paragraph shall be regarded as a recomputation under
    section 215(f) of the Social Security Act (section 415(f) of this
    title).  Any such recomputation shall be effective for and after
    the twelfth month before the month in which the application was
    filed, but in no case for any month before January 1957.''
                DISPOSITION OF REMAINS OF DECEASED PERSONNEL
      Recovery, care, and disposition of the remains of deceased
    members of the uniformed services and other deceased personnel, see
    section 1481 et seq. of Title 10, Armed Forces.
                  BURIAL OF CERTAIN COMMISSIONED OFFICERS
      Act Apr. 30, 1956, ch. 227, 70 Stat. 124, provided: ''That burial
    in national cemeteries of the remains of commissioned officers of
    the United States Public Health Service who were detailed for duty
    with the Army or Navy during World War I pursuant to the act of
    July 1, 1902 (32 Stat. 712, 713), as amended, and Executive Order
    Numbered 2571 dated April 3, 1917, and of the wife, widow, minor
    child and, in the discretion of the Secretary of the Army,
    unmarried adult child of these officers is authorized: Provided,
    That the remains of the wife, widow, and children may, in the
    discretion of the Secretary of the Army, be removed from a national
    cemetery proper and interred in the post section of a national
    cemetery if, upon death, the related officer is not buried in the
    same or an adjoining gravesite.''
                          DELEGATION OF AUTHORITY
      Memorandum of President of the United States, Dec. 30, 1992, 58
    F.R. 3485, provided:
      Memorandum for the Secretary of Defense, the Secretary of Health
    and Human Services
      The authority of the President under section 212(b) of the Public
    Health Service Act (42 U.S.C. 213(b)) is hereby delegated to the
    Secretary of Defense. In the exercise of that authority, the
    Secretary of Defense shall ensure that no military ribbon, medal,
    or decoration is awarded to an officer of the Public Health Service
    without the approval of the Secretary of Health and Human Services.
      The Secretary of Defense shall ensure the publication of this
    memorandum in the Federal Register.                     George Bush.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 213a, 215, 218a of this
    title; title 26 section 139.
 
-CITE-
    42 USC Sec. 213a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 213a. Rights, benefits, privileges, and immunities for
        commissioned officers or beneficiaries; exercise of authority
        by Secretary or designee
 
-STATUTE-
      (a) Commissioned officers of the Service or their surviving
    beneficiaries are entitled to all the rights, benefits, privileges,
    and immunities now or hereafter provided for commissioned officers
    of the Army or their surviving beneficiaries under the following
    provisions of title 10:
        (1) Section 1036, Escorts for dependents of members:
      transportation and travel allowances.
        (2) Chapter 61, Retirement or Separation for Physical
      Disability, except that sections 1201, 1202, and 1203 do not
      apply to commissioned officers of the Public Health Service who
      have been ordered to active duty for training for a period of
      more than 30 days.
        (3) Chapter 69, Retired Grade, except sections 1370, 1374,
      (FOOTNOTE 1) 1375 and 1376(a).
       (FOOTNOTE 1) See References in Text note below.
        (4) Chapter 71, Computation of Retired Pay, except formula No.
      3 of section 1401.
        (5) Chapter 73, Retired Serviceman's Family Protection Plan;
      Survivor Benefit Plan.
        (6) Chapter 75, Death Benefits.
        (7) Section 2771, Final settlement of accounts: deceased
      members.
        (8) Chapter 163, Military Claims, but only when commissioned
      officers of the Service are entitled to military benefits under
      section 213 of this title.
        (9) Section 2603, Acceptance of fellowships, scholarships, or
      grants.
        (10) Section 2634, Motor vehicles: for members on permanent
      change of station.
        (11) Section 1035, Deposits of Savings.
        (12) Section 1552, Correction of military records: claims
      incident thereto.
        (13) Section 1553, Review of discharge or dismissal.
        (14) Section 1554, Review of retirement or separation without
      pay for physical disability.
        (15) Section 1124, Cash awards for suggestions, inventions, or
      scientific achievements.
        (16) Section 1052, Reimbursement for adoption expenses.
      (b) The authority vested by title 10 in the ''military
    departments'', ''the Secretary concerned'', or ''the Secretary of
    Defense'' with respect to the rights, privileges, immunities, and
    benefits referred to in subsection (a) of this section shall be
    exercised, with respect to commissioned officers of the Service, by
    the Secretary of Health and Human Services or his designee.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 221, as added Aug. 10, 1956,
    ch. 1041, Sec. 4, 70A Stat. 619; amended Pub. L. 85-861, Sec. 4,
    Sept. 2, 1958, 72 Stat. 1547; Pub. L. 86-160, Sec. 3, Aug. 14,
    1959, 73 Stat. 359; Pub. L. 87-555, Sec. 2, July 27, 1962, 76 Stat.
    244; Pub. L. 88-132, Sec. 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L.
    88-431, Sec. 1(d), Aug. 14, 1964, 78 Stat. 440; Pub. L. 89-538,
    Sec. 3(b), Aug. 14, 1966, 80 Stat. 348; Pub. L. 92-425, Sec. 5,
    Sept. 21, 1972, 86 Stat. 713; Pub. L. 96-76, title III, Sec. 312,
    Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-88, title V, Sec. 509(b),
    Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-513, title V, Sec.
    507(f)(2), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 99-117, Sec. 4,
    Oct. 7, 1985, 99 Stat. 492; Pub. L. 105-85, div.  A, title VI, Sec.
    653(a), Nov. 18, 1997, 111 Stat. 1804.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 1374 of title 10, referred to in subsec. (a)(3), was
    repealed by Pub. L. 103-337, div.  A, title XVI, Sec. 1662(k)(2),
    Oct. 5, 1994, 108 Stat. 3006. See sections 12771 to 12773 of Title
    10, Armed Forces.
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 316 of title 37 prior
    to the general revision and enactment of Title 37, Pay and
    Allowances of the Uniformed Services, by Pub. L. 87-649, Sec. 1,
    Sept. 7, 1962, 76 Stat. 451.
 
-MISC3-
                                 AMENDMENTS
      1997 - Subsec. (a)(16). Pub. L. 105-85 added cl. (16).
      1985 - Subsec. (a)(15). Pub. L. 99-117 added cl. (15).
      1980 - Subsec. (a)(3). Pub. L. 96-513 inserted reference to
    section 1370 of title 10.
      1979 - Subsec. (a)(12) to (14). Pub. L. 96-76 added cls. (12) to
    (14).
      1972 - Subsec. (a)(5). Pub. L. 92-425 substituted ''Retired
    Serviceman's Family Protection Plan; Survivor Benefit Plan'' for
    ''Annuities Based on Retired or Retainer Pay''.
      1966 - Subsec. (a)(11). Pub. L. 89-538 added cl. (11).
      1964 - Subsec. (a)(10). Pub. L. 88-431 added cl. (10).
      1963 - Subsec. (b). Pub. L. 88-132 inserted reference to
    Secretary of Defense.
      1962 - Subsec. (a). Pub. L. 87-555 added cl. (9). Notwithstanding
    directory language that section be amended by ''adding the
    following new clause at the end thereof'', the amendment was
    executed to subsec. (a) to reflect the probable intent of Congress
    since the ''new'' clause was numbered ''(9)'' and subsec. (a)
    contained cls. (1) to (8).
      1959 - Subsec. (a). Pub. L. 86-160 added cl. (1) and renumbered
    former cls. (1) to (7) as (2) to (8).
      1958 - Subsec. (a). Pub. L. 85-861 substituted ''provisions'' for
    ''chapters'' in opening clause, struck out former cl. (1) which
    related to chapter 55 of title 10, renumbered former cls. (2) to
    (6) as (1) to (5), amended cl. (1), as renumbered, to make sections
    1201 to 1203 of title 10, inapplicable to commissioned officers of
    the Public Health Service who have been ordered to active duty for
    training for a period of more than 30 days, inserted a reference to
    section 1374 of title 10 in cl. (2), as renumbered, struck out
    ''Care of the Dead'' after ''Benefits'' in cl. (5), as renumbered,
    and added cl. (6).
                      EFFECTIVE DATE OF 1997 AMENDMENT
      Amendment by Pub. L. 105-85 applicable only to adoptions
    completed on or after Nov. 18, 1997, see section 653(c) of Pub. L.
    105-85, set out as a note under section 857a of Title 33,
    Navigation and Navigable Waters.
                      EFFECTIVE DATE OF 1980 AMENDMENT
      Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
    701 of Pub. L. 96-513, set out as a note under section 101 of Title
    10, Armed Forces.
                      EFFECTIVE DATE OF 1963 AMENDMENT
      Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section
    14 of Pub. L. 88-132, set out as an Effective Date note under
    section 201 of Title 37, Pay and Allowances of the Uniformed
    Services.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
 
-MISC5-
              RULES AND REGULATIONS; SAVINGS DEPOSIT BENEFITS
      Regulations prescribed by the Secretary of Health, Education, and
    Welfare (now Health and Human Services) concerning savings deposit
    benefits for Public Health Service personnel to be prescribed
    jointly with regulations prescribed by the Secretaries concerned
    under section 1035 of Title 10, Armed Forces, see section 3(c) of
    Pub. L. 89-538, set out as a note under section 1035 of Title 10.
    BACK PAYMENTS: VALIDATION; APPLICATION; LIMITATIONS; ACCOUNTABILITY
                    OF DISBURSING OFFICERS; REGULATIONS
      Transportation and travel allowances to escorts for dependents of
    members, see sections 4 to 7 of Pub. L. 86-160, set out as a note
    under section 1036 of Title 10, Armed Forces.
           DESIGNATION OF BENEFICIARY MADE BEFORE JANUARY 1, 1956
      Designation of beneficiary made before Jan. 1, 1956, considered
    as the designation of a beneficiary for the purposes of section 4
    of Pub. L. 85-861, which amended this section, see section 31 of
    Pub. L. 85-861, set out as a note under section 2771 of Title 10,
    Armed Forces.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 210 of this title.
 
-CITE-
    42 USC Sec. 214                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 214. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76
        Stat. 499
 
-MISC1-
      Section, acts July 1, 1944, ch. 373, title II, Sec. 213, 58 Stat.
    689; Apr. 27, 1956, ch. 211, Sec. 2(a), 70 Stat. 116, authorized
    allowances for uniforms.  See section 415 of Title 37, Pay and
    Allowances of the Uniformed Services.
 
-CITE-
    42 USC Sec. 214a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 214a. Repealed. Sept. 1, 1954, ch. 1211, Sec. 5, 68 Stat. 1130
 
-MISC1-
      Section, act July 31, 1953, ch. 296, title II, Sec. 204, 67 Stat.
    257, related to allowances for use of taxicabs, etc., around duty
    posts.  See section 408 of Title 37, Pay and Allowances of the
    Uniformed Services.
 
-CITE-
    42 USC Sec. 215                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 215. Detail of Service personnel
 
-STATUTE-
    (a) Other Government departments
      The Secretary is authorized, upon the request of the head of an
    executive department, to detail officers or employees of the
    Service to such department for duty as agreed upon by the Secretary
    and the head of such department in order to cooperate in, or
    conduct work related to, the functions of such department or of the
    Service. When officers or employees are so detailed their salaries
    and allowances may be paid from working funds established as
    provided by law or may be paid by the Service from applicable
    appropriations and reimbursement may be made as agreed upon by the
    Secretary and the head of the executive department concerned.
    Officers detailed for duty with the Army, Air Force, Navy, or Coast
    Guard shall be subject to the laws for the government of the
    service to which detailed.
    (b) State health or mental health authorities
      Upon the request of any State health authority or, in the case of
    work relating to mental health, any State mental health authority,
    personnel of the Service may be detailed by the Surgeon General for
    the purpose of assisting such State or a political subdivision
    thereof in work related to the functions of the Service.
    (c) Congressional committees and nonprofit educational, research,
        or other institutions engaged in health activities for special
        studies and dissemination of information
      The Surgeon General may detail personnel of the Service to any
    appropriate committee of the Congress or to nonprofit educational,
    research (FOOTNOTE 1) or other institutions engaged in health
    activities for special studies of scientific problems and for the
    dissemination of information relating to public health.
       (FOOTNOTE 1) So in original.  Probably should be followed by a
    comma.
    (d) Availability of funds; reimbursement by State; detailed
        services deemed service for computation of pay, promotion, etc.
      Personnel detailed under subsections (b) and (c) of this section
    shall be paid from applicable appropriations of the Service, except
    that, in accordance with regulations such personnel may be placed
    on leave without pay and paid by the State, subdivision, or
    institution to which they are detailed.  In the case of detail of
    personnel under subsections (b) or (c) of this section to be paid
    from applicable Service appropriations, the Secretary may condition
    such detail on an agreement by the State, subdivision, or
    institution concerned that such State, subdivision, or institution
    concerned shall reimburse the United States for the amount of such
    payments made by the Service. The services of personnel while
    detailed pursuant to this section shall be considered as having
    been performed in the Service for purposes of the computation of
    basic pay, promotion, retirement, compensation for injury or death,
    and the benefits provided by section 213 of this title.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 214, 58 Stat. 690; July 3,
    1946, ch. 538, Sec. 6, 60 Stat. 423; Oct. 12, 1949, ch. 681, title
    V, Sec. 521(e), 63 Stat. 835; 1953 Reorg. Plan No. 1, Sec. 5, 8,
    eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76,
    title III, Sec. 309, Sept. 29, 1979, 93 Stat. 585.)
 
-COD-
                                CODIFICATION
      In subsec. (a), Air Force was inserted on the authority of
    section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61
    Stat. 502, which established a separate Department of the Air
    Force, and Secretary of Defense Transfer Order No. 40 (App. A(74)),
    July 22, 1949, which transferred certain functions, insofar as they
    pertain to the Air Force, which were not previously transferred to
    the Department of the Air Force and Secretary of the Air Force.
    Section 207(a), (f) of act July 26, 1947, was repealed by section
    53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act
    Aug. 10, 1956, enacted ''Title 10, Armed Forces'', which in
    sections 8010 to 8013 continued the Department of the Air Force
    under the administrative supervision of a Secretary of the Air
    Force.
 
-MISC3-
                                 AMENDMENTS
      1979 - Subsec. (c). Pub. L. 96-76, Sec. 309(a), inserted
    provisions authorizing detail of personnel to appropriate
    committees of Congress.
      Subsec. (d). Pub. L. 96-76, Sec. 309(b), inserted provisions
    relating to agreements by States, etc., for reimbursement upon
    detail of personnel.
      1949 - Subsec. (d). Act Oct. 12, 1949, substituted ''the
    computation of basic pay'' for ''longevity pay''.
      1946 - Subsec. (b). Act July 3, 1946, provided for detail of
    personnel on request from a State mental health authority.
                      EFFECTIVE DATE OF 1949 AMENDMENT
      Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see
    section 533(a) of act Oct. 12, 1949.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-MISC5-
     TRANSFERS OF PERSONNEL OCCASIONED BY CREATION OF THE ENVIRONMENTAL
                             PROTECTION AGENCY
      Pub. L. 91-604, Sec. 15(b)(1)-(8)(A), Dec. 31, 1970, 84 Stat.
    1710-1712, provided that:
      ''(1) Subject to such requirements as the Civil Service
    Commission may prescribe, any commissioned officer of the Public
    Health Service (other than an officer who retires under section 211
    of the Public Health Service Act (section 212 of this title) after
    his election but prior to his transfer pursuant to this paragraph
    and paragraph (2)) who, upon the day before the effective date of
    Reorganization Plan Numbered 3 of 1970 (hereinafter in this
    subsection referred to as the 'plan'), is serving as such officer
    (A) primarily in the performance of functions transferred by such
    plan to the Environmental Protection Agency or its Administrator
    (hereinafter in this subsection referred to as the 'Agency' and the
    'Administrator,' respectively), may, if such officer so elects,
    acquire competitive status and be transferred to a competitive
    position in the Agency; or (B) primarily in the performance of
    functions determined by the Secretary of Health, Education, and
    Welfare (hereinafter in this subsection referred to as the
    'Secretary') to be materially related to the functions so
    transferred, may, if authorized by agreement between the Secretary
    and the Administrator, and if such officer so elects, acquire such
    status and be so transferred.
      ''(2) An election pursuant to paragraph (1) shall be effective
    only if made in accordance with such procedures as may be
    prescribed by the Civil Service Commission (A) before the close of
    the 24th month after the effective date of the plan (Dec. 2, 1970),
    or (B) in the case of a commissioned officer who would be liable
    for training and service under the Military Selective Service Act
    of 1967 (section 451 et seq. of Title 50, App., War and National
    Defense) but for the operation of section 6(b)(3) thereof (50
    U.S.C. App. 456(b)(3)), before (if it occurs later than the close
    of such 24th month) the close of the 90th day after the day upon
    which he has completed his 24th month of service as such officer.
      ''(3)(A) Except as provided in subparagraph (B), any commissioned
    officer of the Public Health Service who, pursuant to paragraphs
    (1) and (2), elects to transfer to a position in the Agency which
    is subject to chapter 51 and subchapter III of chapter 53 of title
    5, United States Code (hereinafter in this subsection referred to
    as the 'transferring officer'), shall receive a pay rate of the
    General Schedule grade of such position which is not less than the
    sum of the following amounts computed as of the day preceding the
    date of such election:
        ''(i) the basic pay, the special pay, the continuation pay, and
      the subsistence and quarters allowances, to which he is annually
      entitled as a commissioned officer of the Public Health Service
      pursuant to title 37, United States Code;
        ''(ii) the amount of Federal income tax, as determined by
      estimate of the Secretary, which the transferring officer, had he
      remained a commissioned officer, would have been required to pay
      on his subsistence and quarters allowances for the taxable year
      then current if they had not been tax free;
        ''(iii) an amount equal to the biweekly average cost of the
      coverages designated 'high option, self and family' under the
      Government-wide Federal employee health benefits programs plans,
      multiplied by twenty-six; and
        ''(iv) an amount equal to 7 per centum of the sum of the
      amounts determined under clauses (i) through (iii), inclusive.
      ''(B) A transferring officer shall in no event receive, pursuant
    to subparagraph (A), a pay rate in excess of the maximum rate
    applicable under the General Schedule to the class of position, as
    established under chapter 51 of title 5, United States Code, to
    which such officer is transferred pursuant to paragraphs (1) and
    (2).
      ''(4)(A) A transferring officer shall be credited, on the day of
    his transfer pursuant to his election under paragraphs (1) and (2),
    with one hour of sick leave for each week of active service, as
    defined by section 211(d) of the Public Health Service Act (section
    212(d) of this title).
      ''(B) The annual leave to the credit of a transferring officer on
    the day before the day of his transfer, shall, on such day of
    transfer, be transferred to his credit in the Agency on an adjusted
    basis under regulations prescribed by the Civil Service Commission.
    The portion of such leave, if any, that is in excess of the sum of
    (i) 240 hours, and (ii) the number of hours that have accrued to
    the credit of the transferring officer during the calendar year
    then current and which remain unused, shall thereafter remain to
    his credit until used, and shall be reduced in the manner described
    by subsection (c) of section 6304 of title 5, United States Code.
      ''(5) A transferring officer who is required to change his
    official station as a result of his transfer under this subsection
    shall be paid such travel, transportation, and related expenses and
    allowances, as would be provided pursuant to subchapter II of
    chapter 57 of title 5, United States Code, in the case of a
    civilian employee so transferred in the interest of the Government.
    Such officer shall not (either at the time of such transfer or upon
    a subsequent separation from the competitive service) be deemed to
    have separated from, or changed permanent station within, a
    uniformed service for purposes of section 404 of title 37, United
    States Code.
      ''(6) Each transferring officer who prior to January 1, 1958, was
    insured pursuant to the Federal Employees' Group Life Insurance Act
    of 1954, and who subsequently waived such insurance, shall be
    entitled to become insured under chapter 87 of title 5, United
    States Code, upon his transfer to the Agency regardless of age and
    insurability.
      ''(7)(A) Effective as of the date a transferring officer acquires
    competitive status as an employee of the Agency, there shall be
    considered as the civilian service of such officer for all purposes
    of chapter 83, title 5, United States Code, (i) his active service
    as defined by section 211(d) of the Public Health Service Act
    (section 212(d) of this title), or (ii) any period for which he
    would have been entitled, upon his retirement as a commissioned
    officer of the Public Health Service, to receive retired pay
    pursuant to section 211(a)(4)(B) of such Act (section 212(a)(4)(B)
    of this title); however, no transferring officer may become
    entitled to benefits under both subchapter III of such chapter and
    title II of the Social Security Act (section 401 et seq. of this
    title) based on service as such a commissioned officer performed
    after 1956, but the individual (or his survivors) may irrevocably
    elect to waive benefit credit for the service under one such law to
    secure credit under the other.
      ''(B) A transferring officer on whose behalf a deposit is
    required to be made by subparagraph (C) and who, after transfer to
    a competitive position in the Agency under paragraphs (1) and (2),
    is separated from Federal service or transfers to a position not
    covered by subchapter III of chapter 83 of title 5, United States
    Code, shall not be entitled, nor shall his survivors be entitled,
    to a refund of any amount deposited on his behalf in accordance
    with this section.  In the event he transfers, after transfer under
    paragraphs (1) and (2), to a position covered by another Government
    staff requirement system under which credit is allowable for
    service with respect to which a deposit is required under
    subparagraph (C), no credit shall be allowed under such subchapter
    III with respect to such service.
      ''(C) The Secretary shall deposit in the Treasury of the United
    States to the credit of the Civil Service Retirement and Disability
    Fund, on behalf of and to the credit of such transferring officer,
    an amount equal to that which such individual would be required to
    deposit in such fund to cover the years of service credited to him
    for purposes of his retirement under subparagraph (A), had such
    service been service as an employee as defined in section 8331(1)
    of title 5, United States Code. The amount so required to be
    deposited with respect to any transferring officer shall be
    computed on the basis of the sum of each of the amounts described
    in paragraph (3)(A) which were received by, or accrued to the
    benefit of, such officer during the years so credited.  The
    deposits which the Secretary is required to make under this
    subparagraph with respect to any transferring officer shall be made
    within two years after the date of his transfer as provided in
    paragraphs (1) and (2), and the amounts due under this subparagraph
    shall include interest computed from the period of service credited
    to the date of payment in accordance with section 8334(e) of title
    5, United States Code.
      ''(8)(A) A commissioned officer of the Public Health Service,
    who, upon the day before the effective date of the plan, is on
    active service therewith primarily assigned to the performance of
    functions described in paragraph (1)(A), shall, while he remains in
    active service, as defined by section 211(d) of the Public Health
    Service Act (section 212(d) of this title), be assigned to the
    performance of duties with the Agency, except as the Secretary and
    the Administrator may jointly otherwise provide.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 254d, 2004b of this
    title; title 25 section 1616a.
 
-CITE-
    42 USC Sec. 216                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 216. Regulations
 
-STATUTE-
    (a) Prescription by President: appointments, retirement, etc.
      The President shall from time to time prescribe regulations with
    respect to the appointment, promotion, retirement, termination of
    commission, titles, pay, uniforms, allowances (including increased
    allowances for foreign service), and discipline of the commissioned
    corps of the Service.
    (b) Promulgation by Surgeon General; administration of Service
      The Surgeon General, with the approval of the Secretary, unless
    specifically otherwise provided, shall promulgate all other
    regulations necessary to the administration of the Service,
    including regulations with respect to uniforms for employees, and
    regulations with respect to the custody, use, and preservation of
    the records, papers, and property of the Service.
    (c) Preference to school of medicine
      No regulation relating to qualifications for appointment of
    medical officers or employees shall give preference to any school
    of medicine.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 215, 58 Stat. 690; Oct. 12,
    1949, ch. 681, title V, Sec. 521(f), 63 Stat. 835; 1953 Reorg. Plan
    No. 1, Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)
 
-MISC1-
                                 AMENDMENTS
      1949 - Subsec. (b). Act Oct. 12, 1949, struck out references to
    travel and transportation of household goods and effects.
                      EFFECTIVE DATE OF 1949 AMENDMENT
      Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see
    section 533(a) of act Oct. 12, 1949.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services, see Ex. Ord. No. 11140, January 30, 1964, 29 F.R. 1637,
    as amended, set out as a note under section 202 of this title.
 
-CITE-
    42 USC Sec. 217                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 217. Use of Service in time of war or emergency
 
-STATUTE-
      In time of war, or of emergency proclaimed by the President, he
    may utilize the Service to such extent and in such manner as shall
    in his judgment promote the public interest.  In time of war, or of
    emergency involving the national defense proclaimed by the
    President, he may by Executive order declare the commissioned corps
    of the Service to be a military service.  Upon such declaration,
    and during the period of such war or such emergency or such part
    thereof as the President shall prescribe, the commissioned corps
    (a) shall constitute a branch of the land and naval forces of the
    United States, (b) shall, to the extent prescribed by regulations
    of the President, be subject to the Uniform Code of Military
    Justice (10 U.S.C. 801 et seq.), and (c) shall continue to operate
    as part of the Service except to the extent that the President may
    direct as Commander in Chief.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 216, 58 Stat. 690; Apr. 27,
    1956, ch. 211, Sec. 1, 70 Stat. 116.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Uniform Code of Military Justice, referred to in text, is
    classified to chapter 47 (Sec. 801 et seq.) of Title 10, Armed
    Forces.
 
-MISC2-
                                 AMENDMENTS
      1956 - Act Apr. 27, 1956, empowered President to declare
    commissioned corps of the Service to be a military service in time
    of emergency involving national defense, and substituted ''the
    Uniform Code of Military Justice'' for ''the Articles of War and to
    the Articles for the Government of the Navy''.
                  REPEAL OF PRIOR ACTS CONTINUING SECTION
      Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334,
    repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended
    by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June
    14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526,
    66 Stat. 296, which continued provisions until July 3, 1952. This
    repeal shall take effect as of June 16, 1952, by section 7 of said
    Joint Res. July 3, 1952.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
 
-EXEC-
                          EXECUTIVE ORDER NO. 9575
      Ex. Ord. No. 9575, eff.  June 28, 1945, 10 F.R. 7895, which
    declared the Commissioned Corps of the Public Health Service to be
    a military service subject to the Articles for the Government of
    the Navy as therein prescribed, was superseded by Ex. Ord. No.
    10349, eff.  Apr. 28, 1952, 17 F.R. 3769.
                         EXECUTIVE ORDER NO. 10349
      Ex. Ord. No. 10349, eff.  Apr. 28, 1952, 17 F.R. 3769, superseded
    Ex. Ord. No. 9575, and subjected the Commissioned Corps of the
    Public Health Service to the provisions of the Uniform Code of
    Military Justice until June 1, 1952.
                         EXECUTIVE ORDER NO. 10356
      Ex. Ord. No. 10356, eff.  June 2, 1952, 17 F.R. 4967, amended Ex.
    Ord. No. 10349, and extended from June 1, 1952, to June 15, 1952,
    the period during which the Commissioned Corps of the Public Health
    Service was subject to the provisions of the Uniform Code of
    Military justice.
                         EXECUTIVE ORDER NO. 10362
      Ex. Ord. No. 10362, eff.  June 14, 1952, 17 F.R. 5413, amended
    Ex. Ord. No. 10356, and extended from June 15, 1952, to June 30,
    1952, the period during which the Commissioned Corps of the Public
    Health Service was subject to the Uniform Code of Military Justice.
                         EXECUTIVE ORDER NO. 10367
      Ex. Ord. No. 10367, eff.  June 30, 1952, 17 F.R. 5929, amended
    Ex. Ord. No. 10362, and extended from June 30, 1952, to July 3,
    1952, the period during which the Commissioned Corps of the Public
    Health Service was subject to the Uniform Code of Military Justice.
 
-CROSS-
                              CROSS REFERENCES
      Personnel of Public Health Service serving with armed forces as
    subject to Uniform Code of Military Justice, see section 802 of
    Title 10, Armed Forces.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 254d of this title.
 
-CITE-
    42 USC Sec. 217a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 217a. Advisory councils or committees
 
-STATUTE-
    (a) Appointment; purpose
      The Secretary may, without regard to the provisions of title 5
    governing appointments in the competitive service, and without
    regard to the provisions of chapter 51 and subchapter III of
    chapter 53 of such title relating to classification and General
    Schedule pay rates, from time to time, appoint such advisory
    councils or committees (in addition to those authorized to be
    established under other provisions of law), for such periods of
    time, as he deems desirable with such period commencing on a date
    specified by the Secretary for the purpose of advising him in
    connection with any of his functions.
    (b) Compensation and allowances of members not full-time employees
        of United States
      Members of any advisory council or committee appointed under this
    section who are not regular full-time employees of the United
    States shall, while attending meetings or conferences of such
    council or committee or otherwise engaged on business of such
    council or committee receive compensation and allowances as
    provided in section 210(c) of this title for members of national
    advisory councils established under this chapter.
    (c) Delegation of functions
      Upon appointment of any such council or committee, the Secretary
    may delegate to such council or committee such advisory functions
    relating to grants-in-aid for research or training projects or
    programs, in the areas or fields with which such council or
    committee is concerned, as the Secretary determines to be
    appropriate.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 222, as added Pub. L.
    87-838, Sec. 3, Oct. 17, 1962, 76 Stat. 1073; amended Pub. L.
    91-515, title VI, Sec. 601(a)(3), (c), Oct. 30, 1970, 84 Stat.
    1310, 1311; Pub. L. 99-158, Sec. 3(a)(4), Nov. 20, 1985, 99 Stat.
    879.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (a), are classified to
    section 3301 et seq. of Title 5, Government Organization and
    Employees.
      The General Schedule, referred to in subsec. (a), is set out
    under section 5332 of Title 5.
 
-MISC2-
                                 AMENDMENTS
      1985 - Subsec. (c). Pub. L. 99-158 amended subsec. (c)
    generally.  Prior to amendment, subsec. (c) read as follows: ''Upon
    appointment of any such council or committee, the Surgeon General,
    with the approval of the Secretary, may transfer such of the
    functions of the National Advisory Health Council relating to
    grants-in-aid for research or training projects or programs in the
    areas or fields with which such council or committee is concerned
    as he determines to be appropriate.''
      1970 - Subsec. (a). Pub. L. 91-515, Sec. 601(c)(1), substituted
    provisions authorizing the Secretary to appoint advisory councils
    or committees without regard to specified provisions governing
    appointments in the competitive service and relating to
    classification and General Schedule pay rates, for provisions
    authorizing the Surgeon General to appoint advisory committees
    without regard to the civil service laws and subject to the
    Secretary's approval in such cases as he prescribed.
      Subsec. (b). Pub. L. 91-515, Sec. 601(a)(3), inserted ''council
    or'' before ''committee'' wherever appearing.
      Subsec. (c). Pub. L. 91-515, Sec. 601(a)(3), (c)(2), inserted
    ''council or'' before ''committee'' wherever appearing, and ''or
    programs'' after ''projects''.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General abolished by section 3 of Reorg. Plan
    No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610,
    and functions thereof transferred to Secretary of Health,
    Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966,
    set out as a note under section 202 of this title.  Secretary of
    Health, Education, and Welfare redesignated Secretary of Health and
    Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.
 
-MISC5-
         TERMINATION OF ADVISORY COMMITTEES; REPORT BY SECRETARY TO
              CONGRESSIONAL COMMITTEES RELATING TO TERMINATION
      Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, provided
    that:
      ''(a) An advisory committee established by or pursuant to the
    Public Health Service Act (section 201 et seq. of this title), the
    Mental Retardation Facilities and Community Mental Health Centers
    Construction Act of 1963 (sections 2689 et seq. and 6001 et seq. of
    this title), or the Comprehensive Alcohol Abuse and Alcoholism
    Prevention, Treatment, and Rehabilitation Act of 1970 (section 4541
    et seq. of this title) shall terminate at such time as may be
    specifically prescribed by an Act of Congress enacted after the
    date of the enactment of this Act (Jan. 4, 1975).
      ''(b) The Secretary of Health, Education, and Welfare shall
    report, within one year after the date of the enactment of the Act
    (Jan. 4, 1975), to the Committee on Labor and Public Welfare of the
    Senate and the Committee on Interstate and Foreign Commerce of the
    House of Representatives (1) the purpose and use of each advisory
    committee established by or pursuant to the Public Health Service
    Act, the Mental Retardation Facilities and Community Mental Health
    Centers Construction Act of 1963, or the Comprehensive Alcohol
    Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act
    of 1970 and (2) his recommendations respecting the termination of
    each such advisory committee.''
 
-CITE-
    42 USC Sec. 217a-1                                           01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 217a-1. Advisory committees; prohibition of consideration of
        political affiliations
 
-STATUTE-
      All appointments to advisory committees established to assist in
    implementing the Public Health Service Act (42 U.S.C. 201 et seq.),
    the Mental Retardation Facilities and Community Mental Health
    Centers Construction Act of 1963 (42 U.S.C. 2689 et seq., 6000 et
    seq.), and the Comprehensive Alcohol Abuse and Alcoholism
    Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C.
    4541 et seq.), shall be made without regard to political
    affiliation.
 
-SOURCE-
    (Pub. L. 94-278, title X, Sec. 1001, Apr. 22, 1976, 90 Stat. 415.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Public Health Service Act, referred to in text, is act July
    1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified
    generally to this chapter (Sec. 201 et seq.).  For complete
    classification of this Act to the Code, see Short Title note set
    out under section 201 of this title and Tables.
      The Mental Retardation Facilities and Community Mental Health
    Centers Construction Act of 1963, referred to in text, is Pub. L.
    88-164, Oct. 31, 1963, 77 Stat. 284, as amended, which is
    classified principally to chapter 75 (Sec. 6000 et seq.) of this
    title.  Title II of that Act, which was also known as the Community
    Mental Health Centers Act and was classified principally to
    subchapter III (Sec. 2689 et seq.) of chapter 33 of this title, was
    repealed by Pub. L. 97-35, title IX, Sec. 902(e)(2)(B), Aug. 13,
    1981, 95 Stat. 560. For complete classification of this Act to the
    Code, see Short Title note set out under section 6000 of this title
    and Tables.
      The Comprehensive Alcohol Abuse and Alcoholism Prevention,
    Treatment, and Rehabilitation Act of 1970, referred to in text, is
    Pub. L. 91-616, Dec. 31, 1970, 84 Stat. 1848, as amended, which is
    classified principally to chapter 60 (Sec. 4541 et seq.) of this
    title.  For complete classification of this Act to the Code, see
    Short Title note set out under section 4541 of this title and
    Tables.
 
-COD-
                                CODIFICATION
      Section was not enacted as a part of the Public Health Service
    Act which comprises this chapter.
 
-CITE-
    42 USC Sec. 217b                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 217b. Volunteer services
 
-STATUTE-
      Subject to regulations, volunteer and uncompensated services may
    be accepted by the Secretary, or by any other officer or employee
    of the Department of Health and Human Services designated by him,
    for use in the operation of any health care facility or in the
    provision of health care.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 223, as added Pub. L.
    90-174, Sec. 6, Dec. 5, 1967, 81 Stat. 539; amended Pub. L. 103-43,
    title XX, Sec. 2008(h), June 10, 1993, 107 Stat. 212.)
 
-MISC1-
                                 AMENDMENTS
      1993 - Pub. L. 103-43 substituted ''Health and Human Services''
    for ''Health, Education, and Welfare''.
 
-CITE-
    42 USC Sec. 218                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 218. National Advisory Councils on Migrant Health
 
-STATUTE-
    (a) Appointment; duties
      Within 120 days of July 29, 1975, the Secretary shall appoint and
    organize a National Advisory Council on Migrant Health (hereinafter
    in this subsection referred to as the ''Council'') which shall
    advise, consult with, and make recommendations to, the Secretary on
    matters concerning the organization, operation, selection, and
    funding of migrant health centers and other entities under grants
    and contracts under section 254b (FOOTNOTE 1) of this title.
       (FOOTNOTE 1) See References in Text note below.
    (b) Membership
      The Council shall consist of fifteen members, at least twelve of
    whom shall be members of the governing boards of migrant health
    centers or other entities assisted under section 254b (FOOTNOTE 1)
    of this title.  Of such twelve members who are members of such
    governing boards, at least nine shall be chosen from among those
    members of such governing boards who are being served by such
    centers or grantees and who are familiar with the delivery of
    health care to migratory agricultural workers and seasonal
    agricultural workers.  The remaining three Council members shall be
    individuals qualified by training and experience in the medical
    sciences or in the administration of health programs.
    (c) Terms of office
      Each member of the Council shall hold office for a term of four
    years, except that (1) any member appointed to fill a vacancy
    occurring prior to the expiration of the term for which his
    predecessor was appointed shall be appointed for the remainder of
    such term; and (2) the terms of the members first taking office
    after July 29, 1975, shall expire as follows: four shall expire
    four years after such date, four shall expire three years after
    such date, four shall expire two years after such date, and three
    shall expire one year after such date, as designated by the
    Secretary at the time of appointment.
    (d) Applicability of section 14(a) of Federal Advisory Committee
        Act
      Section 14(a) of the Federal Advisory Committee Act shall not
    apply to the Council.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 217, 58 Stat. 691; July 3,
    1946, ch. 538, Sec. 5(b)-(d), 60 Stat. 422; June 16, 1948, ch. 481,
    Sec. 4(a)-(c), 6(b), 62 Stat. 467, 469; June 24, 1948, ch. 621,
    Sec. 4(a)-(c), 62 Stat. 600; Aug. 15, 1950, ch. 714, Sec. 3(a)-(d),
    64 Stat. 446; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr. 11,
    1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 91-515, title VI, Sec.
    601(a)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 91-616, title IV,
    Sec. 401, Dec. 31, 1970, 84 Stat. 1853; Pub. L. 92-157, title III,
    Sec. 301(b), Nov. 18, 1971, 85 Stat. 463; Pub. L. 92-218, Sec.
    6(a)(1), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-255, title V, Sec.
    502(a), Mar. 21, 1972, 86 Stat. 85; Pub. L. 92-423, Sec. 7(a),
    Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-348, title II, Sec.
    211(a), July 12, 1974, 88 Stat. 351; Pub. L. 94-63, title IV, Sec.
    401(b), July 29, 1975, 89 Stat. 341; Pub. L. 94-371, Sec. 9, July
    26, 1976, 90 Stat. 1040; Pub. L. 95-622, title III, Sec. 302(b),
    Nov. 9, 1978, 92 Stat. 3442; Pub. L. 95-626, title I, Sec.
    102(b)(1), Nov. 10, 1978, 92 Stat. 3551; Pub. L. 96-180, Sec. 13,
    Jan. 2, 1980, 93 Stat. 1304; Pub. L. 96-181, Sec. 14, Jan. 2, 1980,
    93 Stat. 1315; Pub. L. 98-24, Sec. 2(a)(2), Apr. 26, 1983, 97 Stat.
    176; Pub. L. 98-509, title III, Sec. 302, Oct. 19, 1984, 98 Stat.
    2364; Pub. L. 99-158, Sec. 3(a)(2), (3), Nov. 20, 1985, 99 Stat.
    878, 879; Pub. L. 99-570, title IV, Sec. 4004(c), Oct. 27, 1986,
    100 Stat. 3207-111; Pub. L. 99-660, title III, Sec. 311(b)(1), Nov.
    14, 1986, 100 Stat. 3779.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 254b of this title, referred to in subsecs. (a) and (b),
    was in the original a reference to section 329, meaning section 329
    of act July 1, 1944, which was omitted in the general amendment of
    subpart I (Sec. 254b et seq.) of part D of subchapter II of this
    chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626.
    Section 2 of Pub. L. 104-299 enacted a new section 330 of act July
    1, 1944, which is classified to section 254b of this title.
      Section 14(a) of the Federal Advisory Committee Act, referred to
    in subsec. (d), is section 14(a) of Pub. L. 92-463, as amended,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.
 
-MISC2-
                                 AMENDMENTS
      1986 - Pub. L. 99-570 redesignated former subsec. (e)(1) to (4)
    as subsecs. (a) to (d), respectively, in subsec. (c), further
    redesignated former cls. (A) and (B) as (1) and (2), respectively,
    and struck out former subsecs. (a) to (d), which related,
    respectively, to composition, qualifications, appointment and
    tenure of the National Advisory Mental Health Council and the
    National Advisory Council on Alcohol Abuse and Alcoholism; duties
    of the National Advisory Mental Health Council; duties of the
    National Advisory Council on Alcohol Abuse and Alcoholism; and the
    composition, qualifications, and duties of the National Advisory
    Council on Drug Abuse.
      Subsec. (c). Pub. L. 99-660 which directed that ''section 300cc
    of this title'' be substituted for ''section 300aa of this title''
    could not be executed because the reference in question appeared in
    former subsec. (c) which was repealed by Pub. L. 99-570.
      1985 - Subsec. (a). Pub. L. 99-158, Sec. 3(a)(2)(A), in first
    sentence substituted ''National Advisory Mental Health Council and
    the National Advisory Council on Alcohol Abuse and Alcoholism'' for
    ''National Advisory Health Council, the National Advisory Mental
    Health Council, the National Advisory Council on Alcohol Abuse and
    Alcoholism, and the National Advisory Dental Research Council'',
    and substituted ''by the Secretary'' for ''by the Surgeon General
    with the approval of the Secretary of Health, Education, and
    Welfare''.
      Pub. L. 99-158, Sec. 3(a)(2)(B)(i), in second sentence struck out
    ''in the case of the National Advisory Health Council, are skilled
    in the sciences related to health, and'' after ''scientific
    authorities who,''.
      Pub. L. 99-158, Sec. 3(a)(2)(B)(ii), which directed the
    substitution in second sentence of ''the National Advisory Mental
    Health Council and the National Advisory Council on Alcohol Abuse
    and Alcoholism'' for ''the National Advisory Mental Health Council,
    the National Advisory Council on Alcohol Abuse and Alcoholism, the
    National Advisory Heart Council, and the National Advisory Dental
    Research Council'' was executed by making the substitution for
    ''the National Advisory Mental Health Council, the National
    Advisory Council on Alcohol Abuse and Alcoholism, and the National
    Advisory Dental Research Council'' as the probable intent of
    Congress in view of the prior deletion of ''the National Advisory
    Heart Council,'' by Pub. L. 92-423. See 1972 Amendment note below.
      Pub. L. 99-158, Sec. 3(a)(2)(B)(iii), in second sentence
    substituted ''and alcohol abuse and alcoholism'' for '', alcohol
    abuse and alcoholism, and dental diseases and conditions''.
      Pub. L. 99-158, Sec. 3(a)(2)(C), struck out third sentence which
    provided that in the case of the National Advisory Dental Research
    Council, four of the six members selected from among the leading
    medical or scientific authorities be dentists.
      Subsec. (b). Pub. L. 99-158, Sec. 3(a)(3), redesignated subsec.
    (c) as (b) and struck out former subsec. (b) which related to the
    duties of the National Advisory Health Council.
      Subsecs. (c) to (e), (g). Pub. L. 99-158, Sec. 3(a)(3),
    redesignated subsecs. (d), (e), and (g) as (c), (d), and (e),
    respectively.
      1984 - Subsec. (a). Pub. L. 98-509 inserted provision requiring
    the Secretary to assure that the membership of the National
    Advisory Council on Alcohol Abuse and Alcoholism is broadly
    representative of experts in the fields of prevention, research,
    and treatment of alcohol abuse, alcoholism, and rehabilitation of
    alcohol abusers.
      1983 - Subsecs. (c), (d). Pub. L. 98-24 substituted ''section
    300aa of this title'' for ''section 219 of this title''.
      1980 - Subsec. (a). Pub. L. 96-180 authorized appointees to serve
    after the expiration of their terms until their successors have
    taken office.
      Subsec. (e)(1). Pub. L. 96-181, in provisions relating to the
    eligibility for selection of members, inserted officers or
    employees of State and local drug abuse agencies, and inserted
    provision that appointed members may serve after the expiration of
    their terms until their successors have taken office.
      1978 - Subsec. (f). Pub. L. 95-622 struck out subsec. (f) which
    related to the establishment of a National Advisory Council for the
    Protection of Subjects of Biomedical and Behavioral Research.
      Subsec. (g)(1), (2). Pub. L. 95-626 substituted ''section 254b''
    for ''section 247d''.
      1976 - Subsec. (d). Pub. L. 94-371 inserted provision that the
    Council advise the Secretary regarding policies and priorities with
    respect to grants and contracts in the field of alcohol abuse and
    alcoholism.
      1975 - Subsec. (g). Pub. L. 94-63 added subsec. (g).
      1974 - Subsec. (f). Pub. L. 93-348 added subsec. (f).
      1972 - Subsec. (a). Pub. L. 92-423, Sec. 7(a)(1), (2), struck out
    ''the National Advisory Heart Council,'' after ''the National
    Advisory Council on Alcohol Abuse and Alcoholism'' in two places
    and ''heart diseases,'' after ''alcohol abuse and alcoholism,'',
    respectively.
      Subsec. (b). Pub. L. 92-423, Sec. 7(a)(2), struck out ''heart,''
    after ''alcohol abuse and alcoholism,''.
      Subsec. (e). Pub. L. 92-255 added subsec. (e).
      1971 - Subsec. (a). Pub. L. 92-218, Sec. 6(a)(1)(A), (B), struck
    out reference to National Advisory Cancer Council before National
    Advisory Mental Health Council in two places and struck out
    ''cancer,'' before ''psychiatric disorders''.
      Pub. L. 92-157 substituted ''National Advisory Council on Alcohol
    Abuse and Alcoholism'' for ''National Advisory Council on Alcoholic
    Abuse and Alcoholism'' in second sentence.
      Subsec. (b). Pub. L. 92-218, Sec. 6(a)(1)(B), struck out
    ''cancer,'' before ''mental health'' in listing of various
    diseases.
      1970 - Subsec. (a). Pub. L. 91-616, Sec. 401(a), made subsection
    applicable to National Advisory Council on Alcohol Abuse and
    Alcoholism, and inserted alcohol abuse and alcoholism to
    enumeration of diseases concerning which members of such Council
    must be skilled, and prescribed manner in which terms of members of
    Council would expire.
      Subsec. (b). Pub. L. 91-616, Sec. 401(b), inserted reference to
    National Advisory Council on Alcohol Abuse and Alcoholism
    authorizing the Surgeon General to utilize the services of members
    of such Council for additional periods.
      Pub. L. 91-515 inserted ''or committees'' after ''councils''.
      Subsec. (d). Pub. L. 91-616, Sec. 401(c), added subsec. (d).
      1950 - Act Aug. 15, 1950, Sec. 3(d), amended section catchline to
    reflect addition of new advisory councils.
      Subsec. (a). Act Aug. 15, 1950, Sec. 3(a), applied provisions to
    all of the advisory councils with regard to composition,
    qualifications, and appointment and tenure of members.
      Subsec. (b). Act Aug. 15, 1950, Sec. 3(b), made subsection also
    applicable to new advisory councils.
      Subsec. (c). Act Aug. 15, 1950, Sec. 3(c), redesignated subsec.
    (e) as (c) and repealed former subsec. (c).
      Subsecs. (d), (f), (g). Act. Aug. 15, 1950, Sec. 3(c), repealed
    subsecs. (d), (f), and (g).
      1948 - Acts June 16, 1948, Sec. 4(c), and June 24, 1948, Sec.
    4(c), included in section catchline the National Advisory Heart and
    Dental Research Councils, respectively.
      Subsec. (a). Act June 16, 1948, Sec. 6(b), substituted ''National
    Institutes of Health'' for ''National Institute of Health'' in
    second sentence.
      Subsec. (b). Acts June 16, 1948, Sec. 4(b), and June 24, 1948,
    Sec. 4(b), made subsection applicable to the National Advisory
    Heart Council and the National Advisory Dental Research Council,
    respectively.
      Subsec. (f). Act June 16, 1948, Sec. 4(a), added subsec. (f)
    which established the National Advisory Heart Council.
      Subsec. (g). Act June 24, 1948, Sec. 4(a), added subsec. (g)
    which established the National Advisory Dental Research Council.
      1946 - Act July 3, 1946, inserted ''Mental Health'' in section
    catchline.
      Subsec. (b). Act July 3, 1946, inserted ''or of the National
    Advisory Mental Health Council''.
      Subsecs. (d), (e). Act July 3, 1946, added subsecs. (d) and (e).
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Section 302(b) of Pub. L. 95-622 provided that the amendment made
    by that section is effective Nov. 1, 1978.
                      EFFECTIVE DATE OF 1975 AMENDMENT
      Amendment by Pub. L. 94-63 effective July 1, 1975, see section
    608 of Pub. L. 94-63, set out as a note under section 247b of this
    title.
                      EFFECTIVE DATE OF 1974 AMENDMENT
      Section 211(b) of Pub. L. 93-348, as amended by Pub. L. 94-278,
    title III, Sec. 301(b), Apr. 22, 1976, 90 Stat. 407; Pub. L.
    94-573, Sec. 18(b), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95-203,
    Sec. 5(b), Nov. 23, 1977, 91 Stat. 1454, provided that: ''The
    amendment made by subsection (a) (amending this section) shall take
    effect November 1, 1978.''
                      EFFECTIVE DATE OF 1972 AMENDMENT
      Section 9 of Pub. L. 92-423 provided that: ''This Act and the
    amendments made by this Act (see Short Title of 1972 Amendment note
    under section 201 of this title) shall take effect sixty days after
    the date of enactment of this Act (Sept. 19, 1972) or on such prior
    date after the date of enactment of this Act as the President shall
    prescribe and publish in the Federal Register.''
                      EFFECTIVE DATE OF 1971 AMENDMENT
      Section 7 of Pub. L. 92-218 provided that:
      ''(a) This Act and the amendments made by this Act (enacting
    sections 286a to 286g and 289l of this title, amending this section
    and sections 241, 282, 283, and 284 of this title, and enacting
    provisions set out as notes under sections 281 and 286 of this
    title) shall take effect sixty days after the date of enactment of
    this Act (Dec. 23, 1971) or on such prior date after the date of
    enactment of this Act as the President shall prescribe and publish
    in the Federal Register.
      ''(b) The first sentence of section 454 of the Public Health
    Service Act (section 289l of this title) (added by section 5 of
    this Act) shall apply only with respect to appointments made after
    the effective date of this Act (as prescribed by subsection (a)).
      ''(c) Notwithstanding the provisions of subsection (a), members
    of the National Cancer Advisory Board (authorized under section
    410B of the Public Health Service Act, as added by this Act)
    (section 286f of this title) may be appointed, in the manner
    provided for in such section, at any time after the date of
    enactment of this Act (Dec. 23, 1971). Such officers shall be
    compensated from the date they first take office, at the rates
    provided for in such section 410B (section 286f of this title).''
                      EFFECTIVE DATE OF 1950 AMENDMENT
      Section 3(a), (c) of act Aug. 15, 1950, provided that the
    amendments and repeals made by that section are effective Oct. 1,
    1950.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
      For transfer of certain membership functions, insofar as they
    pertain to the Air Force, which functions were not previously
    transferred from Secretary of the Army to Secretary of the Air
    Force and from Department of the Army to Department of the Air
    Force, see Secretary of Defense Transfer Order No. 40 (App. C(7)),
    July 22, 1949.
 
-MISC5-
    REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH
                CENTER CONSIDERED REFERENCE TO HEALTH CENTER
      Reference to community health center, migrant health center,
    public housing health center, or homeless health center considered
    reference to health center, see section 4(c) of Pub. L. 104-299,
    set out as a note under section 254b of this title.
            EXPIRATION OF TERMS OF OFFICE ON SEPTEMBER 30, 1950
      Section 3(c) of act Aug. 15, 1950, provided in part that terms of
    office as members of national advisory councils pursuant to this
    section subsisting on Sept. 30, 1950, shall expire at the close of
    business on such day.
              TERMINATION OF NATIONAL ADVISORY HEALTH COUNCIL
      Section 3(a)(1) of Pub. L. 99-158 provided that: ''The National
    Advisory Health Council established under section 217 (this
    section) is terminated.''
                     TERMINATION OF ADVISORY COMMITTEES
      Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a
    note under section 217a of this title, provided that an advisory
    committee established pursuant to the Public Health Service Act
    shall terminate at such time as may be specifically prescribed by
    an Act of Congress enacted after Jan. 4, 1975.
 
-CITE-
    42 USC Sec. 218a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 218a. Training of officers
 
-STATUTE-
    (a) In general
      Appropriations available for the pay and allowances of
    commissioned officers of the Service shall also be available for
    the pay and allowances of any such officer on active duty while
    attending any Federal or non-Federal educational institution or
    training program and, subject to regulations of the President and
    to the limitation prescribed in such appropriations, for payment of
    his tuition, fees, and other necessary expenses incident to such
    attendance.
    (b) Voluntary separation within period subsequent to attendance
      Any officer whose tuition, fees, and other necessary expenses are
    paid pursuant to subsection (a) of this section while attending an
    educational institution or training program for a period in excess
    of thirty days shall be obligated to pay to the Service an amount
    equal to two times the total amount of such tuition, fees, and
    other necessary expenses received by such officer during such
    period, and two times the total amount of any compensation received
    by, and any allowance paid to, such officer during such period, if
    after return to active service such officer voluntarily leaves the
    Service within (1) six months, or (2) twice the period of such
    attendance, whichever is greater.  Such subsequent period of
    service shall commence upon the cessation of such attendance and of
    any further continuous period of training duty for which no tuition
    and fees are paid by the Service and which is part of the officer's
    prescribed formal training program, whether such further training
    is at a Service facility or otherwise.  The Surgeon General may
    waive, in whole or in part, any payment which may be required by
    this subsection upon a determination that such payment would be
    inequitable or would not be in the public interest.
    (c) Training in leave without pay status
      A commissioned officer may be placed in leave without pay status
    while attending an educational institution or training program
    whenever the Secretary determines that such status is in the best
    interest of the Service. For purposes of computation of basic pay,
    promotion, retirement, compensation for injury or death, and the
    benefits provided by sections 213 and 233 of this title, an officer
    in such status pursuant to the preceding sentence shall be
    considered as performing service in the Service and shall have an
    active service obligation as set forth in subsection (b) of this
    section.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 218, as added Feb. 28, 1948,
    ch. 83, Sec. 8, 62 Stat. 47; amended Apr. 27, 1956, ch. 211, Sec.
    6, 70 Stat. 117; Pub. L. 96-76, title III, Sec. 310, Sept. 29,
    1979, 93 Stat. 585; Pub. L. 105-392, title IV, Sec. 402(b), Nov.
    13, 1998, 112 Stat. 3588.)
 
-MISC1-
                                 AMENDMENTS
      1998 - Subsec. (c). Pub. L. 105-392 added subsec. (c).
      1979 - Subsec. (b). Pub. L. 96-76 substituted provisions relating
    to payment by an officer to the Service upon voluntary separation
    of two times the total amount of tuition, fees, and other necessary
    expenses received by such officer and two times the total amount of
    any compensation received by, and any allowance paid to, such
    officer, for provisions relating to reimbursement by the officer to
    the Service upon voluntary separation of tuition and fees and in
    last sentence substituted ''payment'' for ''reimbursement''
    wherever appearing.
      1956 - Subsec. (a). Act Apr. 27, 1956, Sec. 6(a), authorized
    training of all officers of the Service, and substituted ''any
    Federal or non-Federal educational institution or training
    program'' for ''any educational institution''.
      Subsec. (b). Act Apr. 27, 1956, Sec. 6(b), required reimbursement
    of tuition and fees by officers who receive training in excess of
    30 days and who voluntarily leave the Service within a period of
    time which is equal to twice the period of such training, with a
    minimum period of six months of service, and a maximum period of
    two years, and permitted the Surgeon General to waive any
    reimbursement.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as
    amended, set out as a note under section 202 of this title.
 
-CITE-
    42 USC Sec. 219 to 224                                       01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 219 to 224. Transferred
 
-COD-
                                CODIFICATION
      Section 219, acts July 1, 1944, ch. 373, title V, Sec. 501, 58
    Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425; June 16,
    1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1,
    Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct.
    15, 1968, Pub. L. 90-574, title V, Sec. 503(b), 82 Stat. 1012; Oct.
    17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, which
    related to gifts for the benefit of the Service, was successively
    renumbered by subsequent acts and transferred, see section 238 of
    this title.
      Section 220, act July 1, 1944, ch. 373, title V, Sec. 502, 58
    Stat. 710, which related to use of immigration station hospitals,
    was successively renumbered by subsequent acts and transferred, see
    section 238a of this title.
      Section 221, act July 1, 1944, ch. 373, title V, Sec. 503, 58
    Stat. 710, which related to disposition of money collected for care
    of patients, was successively renumbered by subsequent acts and
    transferred, see section 238b of this title.
      Section 222, acts July 1, 1944, ch. 373, title V, Sec. 504, 58
    Stat. 710, June 25, 1948, ch. 654, Sec. 6, 62 Stat. 1018; 1953
    Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67
    Stat. 631, which related to care of Service patients at Saint
    Elizabeths Hospital, was renumbered section 2104 of act July 1,
    1944, by Pub. L. 98-24 and transferred to section 300aa-3 of this
    title, renumbered section 2304 of act July 1, 1944, by Pub. L.
    99-660 and transferred to section 300cc-3 of this title, and was
    repealed by Pub. L. 98-621, Sec. 10(s), Nov. 8, 1984, 98 Stat.
    3381.
      Section 223, act July 1, 1944, ch. 373, title V, Sec. 505, 58
    Stat. 710; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr. 11, 1953,
    18 F.R. 2053, 67 Stat. 631, which related to settlement of claims,
    was renumbered section 2105 of act July 1, 1944, by Pub. L. 98-24
    and transferred to section 300aa-4 of this title, and was repealed
    by Pub. L. 99-117, Sec. 12(f), Oct. 7, 1985, 99 Stat. 495. See
    section 300cc-4 of this title.
      Section 224, acts July 1, 1944, ch. 373, title V, Sec. 506, 58
    Stat. 710; July 15, 1954, ch. 507, Sec. 14(b), 68 Stat. 481, which
    related to transportation of remains of officers, was successively
    renumbered by subsequent acts and transferred, see section 238c of
    this title.
      A new title V (Sec. 501 et seq.) of the Public Health Service Act
    was added by Pub. L. 98-24, Sec. 2(b), Apr. 26, 1983, 97 Stat. 177,
    and is classified to subchapter III-A (Sec. 290aa et seq. of this
    title).
 
-CITE-
    42 USC Sec. 225                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 225. Repealed. July 12, 1955, ch. 328, Sec. 5(4), 69 Stat. 296
 
-MISC1-
      Section, acts July 1, 1944, ch. 373, title V, Sec. 507, 58 Stat.
    711; Feb. 25, 1946, ch. 35, Sec. 2, 60 Stat. 30, provided for
    settlement of accounts of deceased officers.  See section 2771 of
    Title 10, Armed Forces, and section 714 of Title 32, National
    Guard.
                          EFFECTIVE DATE OF REPEAL
      Repeal effective as of effective date of payment provisions of
    sections 361 to 365 of former Title 37, Pay and Allowances, except
    with respect to the deaths of members, see section 5 of act July
    12, 1955.
 
-CITE-
    42 USC Sec. 225a to 227                                      01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 225a to 227. Transferred
 
-COD-
                                CODIFICATION
      Section 225a, act July 1, 1944, ch. 373, title V, Sec. 507, as
    added June 24, 1967, Pub. L. 90-31, Sec. 5, 81 Stat. 79; amended
    Oct. 27, 1970, Pub. L. 91-513, title I, Sec. 3(c), 84 Stat. 1241;
    Apr. 22, 1976, Pub. L. 94-278, title XI, Sec. 1102(b), 90 Stat.
    415; Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec. 804(b), 94
    Stat. 1603; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(2),
    95 Stat. 560, which related to availability of appropriations for
    grants to Federal institutions, was successively renumbered by
    subsequent acts and transferred, see section 238d of this title.
      A prior section 507 of act July 1, 1944, ch. 373, title V,
    providing for settlement of accounts of deceased officers, was
    classified to section 225 of this title and subsequently repealed.
      Section 226, act July 1, 1944, ch. 373, title V, Sec. 508, 58
    Stat. 711; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr. 11, 1953,
    18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, Sec. 102, eff.
    July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, which related to
    transfer of funds between appropriations, was successively
    renumbered by subsequent acts and transferred, see section 238e of
    this title.
      Section 227, acts July 1, 1944, ch. 373, title V, Sec. 509 58
    Stat. 711; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; June
    25, 1948, ch. 654, Sec. 7, 62 Stat. 1018; Reorg. Plan No. 1 of 1953
    Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which
    related to availability of appropriations for carrying out purposes
    of this chapter, was successively renumbered by subsequent acts and
    transferred, see section 238f of this title.
 
-CITE-
    42 USC Sec. 227a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 227a. Omitted
 
-COD-
                                CODIFICATION
      Section, Pub. L. 90-132, title II, Sec. 204, Nov. 8, 1967, 81
    Stat. 407, which provided that appropriations to the Public Health
    Service be available for research grants to hospitals of the
    Service, the Bureau of Prisons, Department of Justice, and to Saint
    Elizabeths Hospital, on the same terms and conditions as grants to
    non-Federal institutions, was enacted as part of the Department of
    Health, Education, and Welfare Appropriation Act, 1968, and not as
    part of the Public Health Service Act which comprises this chapter,
    and was not repeated in subsequent appropriation acts.  See section
    300cc-6 of this title.  Similar provisions were contained in the
    following prior appropriation acts:
      Pub. L. 89-787, title II, Sec. 204, Nov. 7, 1966, 80 Stat. 1400.
      Pub. L. 89-156, title II, Sec. 204, Aug. 31, 1965, 79 Stat. 609.
      Pub. L. 88-605, title II, Sec. 204, Sept. 19, 1964, 78 Stat. 979.
      Pub. L. 88-136, title II, Sec. 204, Oct. 11, 1963, 77 Stat. 244.
      Pub. L. 87-582, title II, Sec. 204, Aug. 14, 1962, 76 Stat. 379.
      Pub. L. 87-290, title II, Sec. 206, Sept. 22, 1961, 75 Stat. 608.
      Pub. L. 86-703, title II, Sec. 207, Sept. 2, 1960, 74 Stat. 773.
      Pub. L. 86-158, title II, Sec. 210, Aug. 14, 1959, 73 Stat. 355.
 
-CITE-
    42 USC Sec. 228 to 229d                                      01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 228 to 229d. Transferred
 
-COD-
                                CODIFICATION
      Section 228, acts July 1, 1944, ch. 373, title V, Sec. 510, 58
    Stat. 711; June 25, 1948, ch. 645, Sec. 5, 62 Stat. 859, which
    related to wearing of uniforms, was successively renumbered by
    subsequent acts and transferred, see section 238g of this title.
      Section 229, act July 1, 1944, ch. 373, title V, Sec. 511, 58
    Stat. 711; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr. 11, 1953,
    18 F.R. 2053, 67 Stat. 631, which related to an annual report by
    Surgeon General, was successively renumbered by subsequent acts and
    transferred, see section 238h of this title.
      Section 229a, act July 1, 1944, ch. 373, title V, Sec. 512, as
    added Oct. 15, 1968, Pub. L. 90-574, title V, Sec. 503(a), 82 Stat.
    1012, which related to memorials and other acknowledgments for
    contributions to health of the Nation, was successively renumbered
    by subsequent acts and transferred, see section 238i of this title.
      Section 229b, act July 1, 1944, ch. 373, title V, Sec. 513, as
    added June 30, 1970, Pub. L. 91-296, title IV, Sec. 401(a), 84
    Stat. 351; amended Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec.
    804(c), 94 Stat. 1608; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec.
    902(g)(3), 95 Stat. 560, which related to evaluation of programs,
    was successively renumbered by subsequent acts and transferred, see
    section 238j of this title.
      Section 229c, act July 1, 1944, ch. 373, title V, Sec. 514, as
    added Nov. 9, 1978, Pub. L. 95-623, Sec. 11(e), 92 Stat. 3456,
    which related to contract authority of Secretary, was successively
    renumbered by subsequent acts and transferred, see section 238k of
    this title.
      Section 229d, act July 1, 1944, ch. 373, title V, Sec. 515,
    formerly Pub. L. 88-164, title II, Sec. 225, as added Pub. L.
    94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 326; amended
    Pub. L. 95-622, title I, Sec. 110(c), Nov. 9, 1978, 92 Stat. 3420;
    renumbered and amended Pub. L. 97-35, title IX, Sec. 902(e)(2)(A),
    Aug. 13, 1981, 95 Stat. 560, which related to recovery of payments,
    was successively renumbered by subsequent acts and transferred, see
    section 238l of this title.
 
-CITE-
    42 USC Sec. 230                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 230. Repealed. Apr. 27, 1956, ch. 211, Sec. 5(e), 70 Stat. 117
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title VII, Sec. 706, formerly
    title VI, Sec. 606, 58 Stat. 713; renumbered title VII, Sec. 706,
    Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; amended Feb. 28,
    1948, ch. 83, Sec. 9(a), 62 Stat. 47; Oct. 12, 1949, ch. 681, title
    V, Sec. 521(g), 63 Stat. 835, provided for computation of retired
    pay.  See section 212 of this title.
 
-CITE-
    42 USC Sec. 231                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 231. Service and supply fund; uses; reimbursement
 
-STATUTE-
      A service and supply fund of $250,000 is established, without
    fiscal year limitation, for the payment of salaries, travel, and
    other expenses necessary to the maintenance and operation of (1) a
    supply service for the purchase, storage, handling, issuance,
    packing, or shipping of stationery, supplies, materials, equipment,
    and blank forms, for which stocks may be maintained to meet, in
    whole or in part, requirements of the Public Health Service and
    requisitions of other Government Offices, and (2) such other
    services as the Surgeon General, with the approval of the Secretary
    of Health and Human Services, determines may be performed more
    advantageously as central services; said fund to be reimbursed from
    applicable appropriations or funds available when services are
    performed or stock furnished, or in advance, on a basis of rates
    which shall include estimated or actual charges for personal
    services, materials, equipment (including maintenance, repairs, and
    depreciation), and other expenses.
 
-SOURCE-
    (July 3, 1945, ch. 263, title II, 59 Stat. 370; 1953 Reorg. Plan
    No. 1, Sec. 5, 8 eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 97-414, Sec. 9(i), Jan. 4, 1983, 96 Stat. 2064.)
 
-COD-
                                CODIFICATION
      Section is from the Federal Security Appropriation Act, 1946, act
    July 3, 1945, and was not enacted as part of the Public Health
    Service Act which comprises this chapter.
 
-MISC3-
                                 AMENDMENTS
      1983 - Pub. L. 97-414 inserted '', or in advance,'' after ''stock
    furnished''.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-CITE-
    42 USC Sec. 232                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 232. National Institute of Mental Health; authorization of
        appropriation; construction; location
 
-STATUTE-
      There is authorized to be appropriated a sum not to exceed
    $7,500,000 for the erection and equipment, for the use of the
    Public Health Service in carrying out the provisions of this Act,
    of suitable and adequate hospital buildings and facilities,
    including necessary living quarters for personnel, and of suitable
    and adequate laboratory buildings and facilities, and such
    buildings and facilities shall be known as the National Institute
    of Mental Health. The Administrator of General Services is
    authorized to acquire, by purchase, condemnation, donation, or
    otherwise, a suitable and adequate site or sites, selected on the
    advice of the Surgeon General of the Public Health Service, in or
    near the District of Columbia for such buildings and facilities,
    and to erect thereon, furnish, and equip such buildings and
    facilities.  The amount authorized to be appropriated in this
    section shall include the cost of preparation of drawings and
    specifications, supervision of construction, and other
    administrative expenses incident to the work: Provided, That the
    Administrator of General Services shall prepare the plans and
    specifications, make all necessary contracts, and supervise
    construction.
 
-SOURCE-
    (July 3, 1946, ch. 538, Sec. 11, 60 Stat. 425; June 30, 1949, ch.
    288, title I, Sec. 103(a), 63 Stat. 380.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This Act, referred to in text, is act July 3, 1946, ch. 538, 60
    Stat. 421, as amended, known as the National Mental Health Act,
    which enacted sections 232 and 242a of this title, amended sections
    201, 209, 210, 215, 218, 219, 241, 244, and 246 of this title, and
    enacted provisions set out as notes under section 201 of this
    title.  For complete classification of this Act to the Code, see
    Short Title of 1946 Amendment note set out under section 201 of
    this title and Tables.
 
-COD-
                                CODIFICATION
      Section was enacted as a part of the National Mental Health Act,
    and not as a part of the Public Health Service Act which comprises
    this chapter.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Works Agency and of all agencies thereof,
    together with functions of Federal Works Administrator transferred
    to Administrator of General Services by section 103(a) of act June
    30, 1949, which is classified to section 753(a) of Title 40, Public
    Buildings, Property, and Works. Both Federal Works Agency and
    office of Federal Works Administrator abolished by section 103(b)
    of that act.
                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605 of act June 30, 1949, set out as an Effective
    Date note under section 471 of Title 40, Public Buildings,
    Property, and Works.
 
-CITE-
    42 USC Sec. 233                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 233. Civil actions or proceedings against commissioned
        officers or employees
 
-STATUTE-
    (a) Exclusiveness of remedy
      The remedy against the United States provided by sections 1346(b)
    and 2672 of title 28, or by alternative benefits provided by the
    United States where the availability of such benefits precludes a
    remedy under section 1346(b) of title 28, for damage for personal
    injury, including death, resulting from the performance of medical,
    surgical, dental, or related functions, including the conduct of
    clinical studies or investigation, by any commissioned officer or
    employee of the Public Health Service while acting within the scope
    of his office or employment, shall be exclusive of any other civil
    action or proceeding by reason of the same subject-matter against
    the officer or employee (or his estate) whose act or omission gave
    rise to the claim.
    (b) Attorney General to defend action or proceeding; delivery of
        process to designated official; furnishing of copies of
        pleading and process to United States attorney, Attorney
        General, and Secretary
      The Attorney General shall defend any civil action or proceeding
    brought in any court against any person referred to in subsection
    (a) of this section (or his estate) for any such damage or injury.
    Any such person against whom such civil action or proceeding is
    brought shall deliver within such time after date of service or
    knowledge of service as determined by the Attorney General, all
    process served upon him or an attested true copy thereof to his
    immediate superior or to whomever was designated by the Secretary
    to receive such papers and such person shall promptly furnish
    copies of the pleading and process therein to the United States
    attorney for the district embracing the place wherein the
    proceeding is brought, to the Attorney General, and to the
    Secretary.
    (c) Removal to United States district court; procedure; proceeding
        upon removal deemed a tort action against United States;
        hearing on motion to remand to determine availability of remedy
        against United States; remand to State court or dismissal
      Upon a certification by the Attorney General that the defendant
    was acting in the scope of his employment at the time of the
    incident out of which the suit arose, any such civil action or
    proceeding commenced in a State court shall be removed without bond
    at any time before trial by the Attorney General to the district
    court of the United States of the district and division embracing
    the place wherein it is pending and the proceeding deemed a tort
    action brought against the United States under the provisions of
    title 28 and all references thereto.  Should a United States
    district court determine on a hearing on a motion to remand held
    before a trial on the merit that the case so removed is one in
    which a remedy by suit within the meaning of subsection (a) of this
    section is not available against the United States, the case shall
    be remanded to the State Court: Provided, That where such a remedy
    is precluded because of the availability of a remedy through
    proceedings for compensation or other benefits from the United
    States as provided by any other law, the case shall be dismissed,
    but in the event the running of any limitation of time for
    commencing, or filing an application or claim in, such proceedings
    for compensation or other benefits shall be deemed to have been
    suspended during the pendency of the civil action or proceeding
    under this section.
    (d) Compromise or settlement of claim by Attorney General
      The Attorney General may compromise or settle any claim asserted
    in such civil action or proceeding in the manner provided in
    section 2677 of title 28 and with the same effect.
    (e) Assault or battery
      For purposes of this section, the provisions of section 2680(h)
    of title 28 shall not apply to assault or battery arising out of
    negligence in the performance of medical, surgical, dental, or
    related functions, including the conduct of clinical studies or
    investigations.
    (f) Authority of Secretary or designee to hold harmless or provide
        liability insurance for assigned or detailed employees
      The Secretary or his designee may, to the extent that he deems
    appropriate, hold harmless or provide liability insurance for any
    officer or employee of the Public Health Service for damage for
    personal injury, including death, negligently caused by such
    officer or employee while acting within the scope of his office or
    employment and as a result of the performance of medical, surgical,
    dental, or related functions, including the conduct of clinical
    studies or investigations, if such employee is assigned to a
    foreign country or detailed to a State or political subdivision
    thereof or to a non-profit institution, and if the circumstances
    are such as are likely to preclude the remedies of third persons
    against the United States described in section 2679(b) of title 28,
    for such damage or injury.
    (g) Exclusivity of remedy against United States for entities deemed
        Public Health Service employees; coverage for services
        furnished to individuals other than center patients;
        application process; subrogation of medical malpractice claims;
        applicable period; entity and contractor defined
      (1)(A) For purposes of this section and subject to the approval
    by the Secretary of an application under subparagraph (D), an
    entity described in paragraph (4), and any officer, governing board
    member, or employee of such an entity, and any contractor of such
    an entity who is a physician or other licensed or certified health
    care practitioner (subject to paragraph (5)), shall be deemed to be
    an employee of the Public Health Service for a calendar year that
    begins during a fiscal year for which a transfer was made under
    subsection (k)(3) of this section (subject to paragraph (3)). The
    remedy against the United States for an entity described in
    paragraph (4) and any officer, governing board member, employee, or
    contractor (subject to paragraph (5)) of such an entity who is
    deemed to be an employee of the Public Health Service pursuant to
    this paragraph shall be exclusive of any other civil action or
    proceeding to the same extent as the remedy against the United
    States is exclusive pursuant to subsection (a) of this section.
      (B) The deeming of any entity or officer, governing board member,
    employee, or contractor of the entity to be an employee of the
    Public Health Service for purposes of this section shall apply with
    respect to services provided -
        (i) to all patients of the entity, and
        (ii) subject to subparagraph (C), to individuals who are not
      patients of the entity.
      (C) Subparagraph (B)(ii) applies to services provided to
    individuals who are not patients of an entity if the Secretary
    determines, after reviewing an application submitted under
    subparagraph (D), that the provision of the services to such
    individuals -
        (i) benefits patients of the entity and general populations
      that could be served by the entity through community-wide
      intervention efforts within the communities served by such
      entity;
        (ii) facilitates the provision of services to patients of the
      entity; or
        (iii) are otherwise required under an employment contract (or
      similar arrangement) between the entity and an officer, governing
      board member, employee, or contractor of the entity.
      (D) The Secretary may not under subparagraph (A) deem an entity
    or an officer, governing board member, employee, or contractor of
    the entity to be an employee of the Public Health Service for
    purposes of this section, and may not apply such deeming to
    services described in subparagraph (B)(ii), unless the entity has
    submitted an application for such deeming to the Secretary in such
    form and such manner as the Secretary shall prescribe.  The
    application shall contain detailed information, along with
    supporting documentation, to verify that the entity, and the
    officer, governing board member, employee, or contractor of the
    entity, as the case may be, meets the requirements of subparagraphs
    (B) and (C) of this paragraph and that the entity meets the
    requirements of paragraphs (1) through (4) of subsection (h) of
    this section.
      (E) The Secretary shall make a determination of whether an entity
    or an officer, governing board member, employee, or contractor of
    the entity is deemed to be an employee of the Public Health Service
    for purposes of this section within 30 days after the receipt of an
    application under subparagraph (D). The determination of the
    Secretary that an entity or an officer, governing board member,
    employee, or contractor of the entity is deemed to be an employee
    of the Public Health Service for purposes of this section shall
    apply for the period specified by the Secretary under subparagraph
    (A).
      (F) Once the Secretary makes a determination that an entity or an
    officer, governing board member, employee, or contractor of an
    entity is deemed to be an employee of the Public Health Service for
    purposes of this section, the determination shall be final and
    binding upon the Secretary and the Attorney General and other
    parties to any civil action or proceeding.  Except as provided in
    subsection (i) of this section, the Secretary and the Attorney
    General may not determine that the provision of services which are
    the subject of such a determination are not covered under this
    section.
      (G) In the case of an entity described in paragraph (4) that has
    not submitted an application under subparagraph (D):
        (i) The Secretary may not consider the entity in making
      estimates under subsection (k)(1) of this section.
        (ii) This section does not affect any authority of the entity
      to purchase medical malpractice liability insurance coverage with
      Federal funds provided to the entity under section 254b, 254c,
      256, or 256a of this title. (FOOTNOTE 1)
       (FOOTNOTE 1) See References in Text notes below.
      (H) In the case of an entity described in paragraph (4) for which
    an application under subparagraph (D) is in effect, the entity may,
    through notifying the Secretary in writing, elect to terminate the
    applicability of this subsection to the entity.  With respect to
    such election by the entity:
        (i) The election is effective upon the expiration of the 30-day
      period beginning on the date on which the entity submits such
      notification.
        (ii) Upon taking effect, the election terminates the
      applicability of this subsection to the entity and each officer,
      governing board member, employee, and contractor of the entity.
        (iii) Upon the effective date for the election, clauses (i) and
      (ii) of subparagraph (G) apply to the entity to the same extent
      and in the same manner as such clauses apply to an entity that
      has not submitted an application under subparagraph (D).
        (iv) If after making the election the entity submits an
      application under subparagraph (D), the election does not
      preclude the Secretary from approving the application ( (FOOTNOTE
      2) and thereby restoring the applicability of this subsection to
      the entity and each officer, governing board member, employee,
      and contractor of the entity, subject to the provisions of this
      subsection and the subsequent provisions of this section.
       (FOOTNOTE 2) So in original.  There is no closing parenthesis.
      (2) If, with respect to an entity or person deemed to be an
    employee for purposes of paragraph (1), a cause of action is
    instituted against the United States pursuant to this section, any
    claim of the entity or person for benefits under an insurance
    policy with respect to medical malpractice relating to such cause
    of action shall be subrogated to the United States.
      (3) This subsection shall apply with respect to a cause of action
    arising from an act or omission which occurs on or after January 1,
    1993.
      (4) An entity described in this paragraph is a public or
    non-profit private entity receiving Federal funds under section
    254b of this title.
      (5) For purposes of paragraph (1), an individual may be
    considered a contractor of an entity described in paragraph (4)
    only if -
        (A) the individual normally performs on average at least 32 1/2
      hours of service per week for the entity for the period of the
      contract; or
        (B) in the case of an individual who normally performs an
      average of less than 32 1/2 hours of services per week for the
      entity for the period of the contract, the individual is a
      licensed or certified provider of services in the fields of
      family practice, general internal medicine, general pediatrics,
      or obstetrics and gynecology.
    (h) Qualifications for designation as Public Health Service
        employee
      The Secretary may not approve an application under subsection
    (g)(1)(D) of this section unless the Secretary determines that the
    entity -
        (1) has implemented appropriate policies and procedures to
      reduce the risk of malpractice and the risk of lawsuits arising
      out of any health or health-related functions performed by the
      entity;
        (2) has reviewed and verified the professional credentials,
      references, claims history, fitness, professional review
      organization findings, and license status of its physicians and
      other licensed or certified health care practitioners, and, where
      necessary, has obtained the permission from these individuals to
      gain access to this information;
        (3) has no history of claims having been filed against the
      United States as a result of the application of this section to
      the entity or its officers, employees, or contractors as provided
      for under this section, or, if such a history exists, has fully
      cooperated with the Attorney General in defending against any
      such claims and either has taken, or will take, any necessary
      corrective steps to assure against such claims in the future; and
        (4) will fully cooperate with the Attorney General in providing
      information relating to an estimate described under subsection
      (k) of this section.
    (i) Authority of Attorney General to exclude health care
        professionals from coverage
      (1) Notwithstanding subsection (g)(1) of this section, the
    Attorney General, in consultation with the Secretary, may on the
    record determine, after notice and opportunity for a full and fair
    hearing, that an individual physician or other licensed or
    certified health care practitioner who is an officer, employee, or
    contractor of an entity described in subsection (g)(4) of this
    section shall not be deemed to be an employee of the Public Health
    Service for purposes of this section, if treating such individual
    as such an employee would expose the Government to an unreasonably
    high degree of risk of loss because such individual -
        (A) does not comply with the policies and procedures that the
      entity has implemented pursuant to subsection (h)(1) of this
      section;
        (B) has a history of claims filed against him or her as
      provided for under this section that is outside the norm for
      licensed or certified health care practitioners within the same
      specialty;
        (C) refused to reasonably cooperate with the Attorney General
      in defending against any such claim;
        (D) provided false information relevant to the individual's
      performance of his or her duties to the Secretary, the Attorney
      General, or an applicant for or recipient of funds under this
      chapter; or
        (E) was the subject of disciplinary action taken by a State
      medical licensing authority or a State or national professional
      society.
      (2) A final determination by the Attorney General under this
    subsection that an individual physician or other licensed or
    certified health care professional shall not be deemed to be an
    employee of the Public Health Service shall be effective upon
    receipt by the entity employing such individual of notice of such
    determination, and shall apply only to acts or omissions occurring
    after the date such notice is received.
    (j) Remedy for denial of hospital admitting privileges to certain
        health care providers
      In the case of a health care provider who is an officer,
    employee, or contractor of an entity described in subsection (g)(4)
    of this section, section 254h(e) of this title shall apply with
    respect to the provider to the same extent and in the same manner
    as such section applies to any member of the National Health
    Service Corps.
    (k) Estimate of annual claims by Attorney General; criteria;
        establishment of fund; transfer of funds to Treasury accounts
      (1)(A) For each fiscal year, the Attorney General, in
    consultation with the Secretary, shall estimate by the beginning of
    the year the amount of all claims which are expected to arise under
    this section (together with related fees and expenses of witnesses)
    for which payment is expected to be made in accordance with section
    1346 and chapter 171 of title 28 from the acts or omissions, during
    the calendar year that begins during that fiscal year, of entities
    described in subsection (g)(4) of this section and of officers,
    employees, or contractors (subject to subsection (g)(5) of this
    section) of such entities.
      (B) The estimate under subparagraph (A) shall take into account -
        (i) the value and frequency of all claims for damage for
      personal injury, including death, resulting from the performance
      of medical, surgical, dental, or related functions by entities
      described in subsection (g)(4) of this section or by officers,
      employees, or contractors (subject to subsection (g)(5) of this
      section) of such entities who are deemed to be employees of the
      Public Health Service under subsection (g)(1) of this section
      that, during the preceding 5-year period, are filed under this
      section or, with respect to years occurring before this
      subsection takes effect, are filed against persons other than the
      United States,
        (ii) the amounts paid during that 5-year period on all claims
      described in clause (i), regardless of when such claims were
      filed, adjusted to reflect payments which would not be permitted
      under section 1346 and chapter 171 of title 28, and
        (iii) amounts in the fund established under paragraph (2) but
      unspent from prior fiscal years.
      (2) Subject to appropriations, for each fiscal year, the
    Secretary shall establish a fund of an amount equal to the amount
    estimated under paragraph (1) that is attributable to entities
    receiving funds under each of the grant programs described in
    paragraph (4) of subsection (g) of this section, but not to exceed
    a total of $10,000,000 for each such fiscal year.  Appropriations
    for purposes of this paragraph shall be made separate from
    appropriations made for purposes of sections 254b, 254c, 256, and
    256a of this title. (FOOTNOTE 1)
      (3) In order for payments to be made for judgments against the
    United States (together with related fees and expenses of
    witnesses) pursuant to this section arising from the acts or
    omissions of entities described in subsection (g)(4) of this
    section and of officers, governing board member, (FOOTNOTE 3)
    employees, or contractors (subject to subsection (g)(5) of this
    section) of such entities, the total amount contained within the
    fund established by the Secretary under paragraph (2) for a fiscal
    year shall be transferred not later than the December 31 that
    occurs during the fiscal year to the appropriate accounts in the
    Treasury.
       (FOOTNOTE 3) So in original.  Probably should be ''members,''.
    (l) Timely response to filing of action or proceeding
      (1) If a civil action or proceeding is filed in a State court
    against any entity described in subsection (g)(4) of this section
    or any officer, governing board member, employee, or any contractor
    of such an entity for damages described in subsection (a) of this
    section, the Attorney General, within 15 days after being notified
    of such filing, shall make an appearance in such court and advise
    such court as to whether the Secretary has determined under
    subsections (g) and (h) of this section, that such entity, officer,
    governing board member, employee, or contractor of the entity is
    deemed to be an employee of the Public Health Service for purposes
    of this section with respect to the actions or omissions that are
    the subject of such civil action or proceeding.  Such advice shall
    be deemed to satisfy the provisions of subsection (c) of this
    section that the Attorney General certify that an entity, officer,
    governing board member, employee, or contractor of the entity was
    acting within the scope of their employment or responsibility.
      (2) If the Attorney General fails to appear in State court within
    the time period prescribed under paragraph (1), upon petition of
    any entity or officer, governing board member, employee, or
    contractor of the entity named, the civil action or proceeding
    shall be removed to the appropriate United States district court.
    The civil action or proceeding shall be stayed in such court until
    such court conducts a hearing, and makes a determination, as to the
    appropriate forum or procedure for the assertion of the claim for
    damages described in subsection (a) of this section and issues an
    order consistent with such determination.
    (m) Application of coverage to managed care plans
      (1) An entity or officer, governing board member, employee, or
    contractor of an entity described in subsection (g)(1) of this
    section shall, for purposes of this section, be deemed to be an
    employee of the Public Health Service with respect to services
    provided to individuals who are enrollees of a managed care plan if
    the entity contracts with such managed care plan for the provision
    of services.
      (2) Each managed care plan which enters into a contract with an
    entity described in subsection (g)(4) of this section shall deem
    the entity and any officer, governing board member, employee, or
    contractor of the entity as meeting whatever malpractice coverage
    requirements such plan may require of contracting providers for a
    calendar year if such entity or officer, governing board member,
    employee, or contractor of the entity has been deemed to be an
    employee of the Public Health Service for purposes of this section
    for such calendar year.  Any plan which is found by the Secretary
    on the record, after notice and an opportunity for a full and fair
    hearing, to have violated this subsection shall upon such finding
    cease, for a period to be determined by the Secretary, to receive
    and to be eligible to receive any Federal funds under titles XVIII
    or XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et
    seq.).
      (3) For purposes of this subsection, the term ''managed care
    plan'' shall mean health maintenance organizations and similar
    entities that contract at-risk with payors for the provision of
    health services or plan enrollees and which contract with providers
    (such as entities described in subsection (g)(4) of this section)
    for the delivery of such services to plan enrollees.
    (n) Report on risk exposure of covered entities
      (1) Not later than one year after December 26, 1995, the
    Comptroller General of the United States shall submit to the
    Congress a report on the following:
        (A) The medical malpractice liability claims experience of
      entities that have been deemed to be employees for purposes of
      this section.
        (B) The risk exposure of such entities.
        (C) The value of private sector risk-management services, and
      the value of risk-management services and procedures required as
      a condition of receiving a grant under section 254b, 254c, 256,
      or 256a of this title. (FOOTNOTE 4)
       (FOOTNOTE 4) See References in Text notes below.
        (D) A comparison of the costs and the benefits to taxpayers of
      maintaining medical malpractice liability coverage for such
      entities pursuant to this section, taking into account -
          (i) a comparison of the costs of premiums paid by such
        entities for private medical malpractice liability insurance
        with the cost of coverage pursuant to this section; and
          (ii) an analysis of whether the cost of premiums for private
        medical malpractice liability insurance coverage is consistent
        with the liability claims experience of such entities.
      (2) The report under paragraph (1) shall include the following:
        (A) A comparison of -
          (i) an estimate of the aggregate amounts that such entities
        (together with the officers, governing board members,
        employees, and contractors of such entities who have been
        deemed to be employees for purposes of this section) would have
        directly or indirectly paid in premiums to obtain medical
        malpractice liability insurance coverage if this section were
        not in effect; with
          (ii) the aggregate amounts by which the grants received by
        such entities under this chapter were reduced pursuant to
        subsection (k)(2) of this section.
        (B) A comparison of -
          (i) an estimate of the amount of privately offered such
        insurance that such entities (together with the officers,
        governing board members, employees, and contractors of such
        entities who have been deemed to be employees for purposes of
        this section) purchased during the three-year period beginning
        on January 1, 1993; with
          (ii) an estimate of the amount of such insurance that such
        entities (together with the officers, governing board members,
        employees, and contractors of such entities who have been
        deemed to be employees for purposes of this section) will
        purchase after December 26, 1995.
        (C) An estimate of the medical malpractice liability loss
      history of such entities for the 10-year period preceding October
      1, 1996, including but not limited to the following:
          (i) Claims that have been paid and that are estimated to be
        paid, and legal expenses to handle such claims that have been
        paid and that are estimated to be paid, by the Federal
        Government pursuant to deeming entities as employees for
        purposes of this section.
          (ii) Claims that have been paid and that are estimated to be
        paid, and legal expenses to handle such claims that have been
        paid and that are estimated to be paid, by private medical
        malpractice liability insurance.
        (D) An analysis of whether the cost of premiums for private
      medical malpractice liability insurance coverage is consistent
      with the liability claims experience of entities that have been
      deemed as employees for purposes of this section.
      (3) In preparing the report under paragraph (1), the Comptroller
    General of the United States shall consult with public and private
    entities with expertise on the matters with which the report is
    concerned.
    (o) Volunteer services provided by health professionals at free
        clinics
      (1) For purposes of this section, a free clinic health
    professional shall in providing a qualifying health service to an
    individual be deemed to be an employee of the Public Health Service
    for a calendar year that begins during a fiscal year for which a
    transfer was made under paragraph (6)(D). The preceding sentence is
    subject to the provisions of this subsection.
      (2) In providing a health service to an individual, a health care
    practitioner shall for purposes of this subsection be considered to
    be a free clinic health professional if the following conditions
    are met:
        (A) The service is provided to the individual at a free clinic,
      or through offsite programs or events carried out by the free
      clinic.
        (B) The free clinic is sponsoring the health care practitioner
      pursuant to paragraph (5)(C).
        (C) The service is a qualifying health service (as defined in
      paragraph (4)).
        (D) Neither the health care practitioner nor the free clinic
      receives any compensation for the service from the individual or
      from any third-party payor (including reimbursement under any
      insurance policy or health plan, or under any Federal or State
      health benefits program).  With respect to compliance with such
      condition:
          (i) The health care practitioner may receive repayment from
        the free clinic for reasonable expenses incurred by the health
        care practitioner in the provision of the service to the
        individual.
          (ii) The free clinic may accept voluntary donations for the
        provision of the service by the health care practitioner to the
        individual.
        (E) Before the service is provided, the health care
      practitioner or the free clinic provides written notice to the
      individual of the extent to which the legal liability of the
      health care practitioner is limited pursuant to this subsection
      (or in the case of an emergency, the written notice is provided
      to the individual as soon after the emergency as is
      practicable).  If the individual is a minor or is otherwise
      legally incompetent, the condition under this subparagraph is
      that the written notice be provided to a legal guardian or other
      person with legal responsibility for the care of the individual.
        (F) At the time the service is provided, the health care
      practitioner is licensed or certified in accordance with
      applicable law regarding the provision of the service.
      (3)(A) For purposes of this subsection, the term ''free clinic''
    means a health care facility operated by a nonprofit private entity
    meeting the following requirements:
        (i) The entity does not, in providing health services through
      the facility, accept reimbursement from any third-party payor
      (including reimbursement under any insurance policy or health
      plan, or under any Federal or State health benefits program).
        (ii) The entity, in providing health services through the
      facility, either does not impose charges on the individuals to
      whom the services are provided, or imposes a charge according to
      the ability of the individual involved to pay the charge.
        (iii) The entity is licensed or certified in accordance with
      applicable law regarding the provision of health services.
      (B) With respect to compliance with the conditions under
    subparagraph (A), the entity involved may accept voluntary
    donations for the provision of services.
      (4) For purposes of this subsection, the term ''qualifying health
    service'' means any medical assistance required or authorized to be
    provided in the program under title XIX of the Social Security Act
    (42 U.S.C. 1396 et seq.), without regard to whether the medical
    assistance is included in the plan submitted under such program by
    the State in which the health care practitioner involved provides
    the medical assistance.  References in the preceding sentence to
    such program shall as applicable be considered to be references to
    any successor to such program.
      (5) Subsection (g) of this section (other than paragraphs (3)
    through (5)) and subsections (h), (i), and (l) of this section
    apply to a health care practitioner for purposes of this subsection
    to the same extent and in the same manner as such subsections apply
    to an officer, governing board member, employee, or contractor of
    an entity described in subsection (g)(4) of this section, subject
    to paragraph (6) and subject to the following:
        (A) The first sentence of paragraph (1) applies in lieu of the
      first sentence of subsection (g)(1)(A) of this section.
        (B) This subsection may not be construed as deeming any free
      clinic to be an employee of the Public Health Service for
      purposes of this section.
        (C) With respect to a free clinic, a health care practitioner
      is not a free clinic health professional unless the free clinic
      sponsors the health care practitioner.  For purposes of this
      subsection, the free clinic shall be considered to be sponsoring
      the health care practitioner if -
          (i) with respect to the health care practitioner, the free
        clinic submits to the Secretary an application meeting the
        requirements of subsection (g)(1)(D) of this section; and
          (ii) the Secretary, pursuant to subsection (g)(1)(E) of this
        section, determines that the health care practitioner is deemed
        to be an employee of the Public Health Service.
        (D) In the case of a health care practitioner who is determined
      by the Secretary pursuant to subsection (g)(1)(E) of this section
      to be a free clinic health professional, this subsection applies
      to the health care practitioner (with respect to the free clinic
      sponsoring the health care practitioner pursuant to subparagraph
      (C)) for any cause of action arising from an act or omission of
      the health care practitioner occurring on or after the date on
      which the Secretary makes such determination.
        (E) Subsection (g)(1)(F) of this section applies to a health
      care practitioner for purposes of this subsection only to the
      extent that, in providing health services to an individual, each
      of the conditions specified in paragraph (2) is met.
      (6)(A) For purposes of making payments for judgments against the
    United States (together with related fees and expenses of
    witnesses) pursuant to this section arising from the acts or
    omissions of free clinic health professionals, there is authorized
    to be appropriated $10,000,000 for each fiscal year.
      (B) The Secretary shall establish a fund for purposes of this
    subsection.  Each fiscal year amounts appropriated under
    subparagraph (A) shall be deposited in such fund.
      (C) Not later than May 1 of each fiscal year, the Attorney
    General, in consultation with the Secretary, shall submit to the
    Congress a report providing an estimate of the amount of claims
    (together with related fees and expenses of witnesses) that, by
    reason of the acts or omissions of free clinic health
    professionals, will be paid pursuant to this section during the
    calendar year that begins in the following fiscal year.  Subsection
    (k)(1)(B) of this section applies to the estimate under the
    preceding sentence regarding free clinic health professionals to
    the same extent and in the same manner as such subsection applies
    to the estimate under such subsection regarding officers, governing
    board members, employees, and contractors of entities described in
    subsection (g)(4) of this section.
      (D) Not later than December 31 of each fiscal year, the Secretary
    shall transfer from the fund under subparagraph (B) to the
    appropriate accounts in the Treasury an amount equal to the
    estimate made under subparagraph (C) for the calendar year
    beginning in such fiscal year, subject to the extent of amounts in
    the fund.
      (7)(A) This subsection takes effect on the date of the enactment
    of the first appropriations Act that makes an appropriation under
    paragraph (6)(A), except as provided in subparagraph (B)(i).
      (B)(i) Effective on August 21, 1996 -
        (I) the Secretary may issue regulations for carrying out this
      subsection, and the Secretary may accept and consider
      applications submitted pursuant to paragraph (5)(C); and
        (II) reports under paragraph (6)(C) may be submitted to the
      Congress.
      (ii) For the first fiscal year for which an appropriation is made
    under subparagraph (A) of paragraph (6), if an estimate under
    subparagraph (C) of such paragraph has not been made for the
    calendar year beginning in such fiscal year, the transfer under
    subparagraph (D) of such paragraph shall be made notwithstanding
    the lack of the estimate, and the transfer shall be made in an
    amount equal to the amount of such appropriation.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 224, formerly Sec. 223, as
    added Pub. L. 91-623, Sec. 4, Dec. 31, 1970, 84 Stat. 1870;
    renumbered Sec. 224, Pub. L. 92-157, title III, Sec. 301(c), Nov.
    18, 1971, 85 Stat. 463; amended Pub. L. 102-501, Sec. 2-4, Oct. 24,
    1992, 106 Stat. 3268-3270; Pub. L. 103-183, title VII, Sec. 706(a),
    Dec. 14, 1993, 107 Stat. 2241; Pub. L. 104-73, Sec. 2-5(b), 6-11,
    Dec. 26, 1995, 109 Stat. 777-781; Pub. L. 104-191, title I, Sec.
    194, Aug. 21, 1996, 110 Stat. 1988; Pub. L. 104-299, Sec. 4(a)(1),
    Oct. 11, 1996, 110 Stat. 3644.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Sections 254b and 254c of this title, referred to in subsecs.
    (g)(1)(G), (k)(2), and (n)(1)(C), were in the original references
    to sections 329 and 330, meaning sections 329 and 330 of act July
    1, 1944, which were omitted in the general amendment of subpart I
    (Sec. 254b et seq.) of part D of subchapter II of this chapter by
    Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Sections 2
    and 3(a) of Pub. L. 104-299 enacted new sections 330 and 330A of
    act July 1, 1944, which are classified, respectively, to sections
    254b and 254c of this title.
      Sections 256 and 256a of this title, referred to in subsecs.
    (g)(1)(G), (k)(2), and (n)(1)(C), were repealed by Pub. L. 104-299,
    Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 3645.
      The Social Security Act, referred to in subsecs. (m)(2) and
    (o)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
    Titles XVIII and XIX of the Act are classified generally to
    subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.),
    respectively, of chapter 7 of this title.  For complete
    classification of this Act to the Code, see section 1305 of this
    title and Tables.
 
-MISC2-
                                 AMENDMENTS
      1996 - Subsec. (g)(4). Pub. L. 104-299 substituted ''under
    section 254b of this title.'' for ''under any of the following
    grant programs:'' and struck out subpars. (A) to (D) which read as
    follows:
      ''(A) Section 254b of this title (relating to grants for migrant
    health centers).
      ''(B) Section 254c of this title (relating to grants for
    community health centers).
      ''(C) Section 256 of this title (relating to grants for health
    services for the homeless).
      ''(D) Section 256a of this title (relating to grants for health
    services for residents of public housing).''
      Subsec. (o). Pub. L. 104-191 added subsec. (o).
      1995 - Subsec. (g)(1). Pub. L. 104-73, Sec. 3(1), 4, 5(a),
    designated existing provisions as subpar. (A), inserted ''and
    subject to the approval by the Secretary of an application under
    subparagraph (D)'' after ''For purposes of this section'',
    substituted ''an entity described in paragraph (4), and any
    officer, governing board member, or employee of such an entity, and
    any contractor of such an entity who is a physician or other
    licensed or certified health care practitioner (subject to
    paragraph (5)), shall be deemed to be an employee of the Public
    Health Service for a calendar year that begins during a fiscal year
    for which a transfer was made under subsection (k)(3) of this
    section (subject to paragraph (3)). The remedy against the United
    States for an entity described in paragraph (4) and any officer,
    governing board member, employee, or contractor'' for '', an entity
    described in paragraph (4) and any officer, employee, or contractor
    (subject to paragraph (5)) of such an entity who is a physician or
    other licensed or certified health care practitioner shall be
    deemed to be an employee of the Public Health Service for a
    calendar year that begins during a fiscal year for which a transfer
    of the full amount estimated under subsection (k)(1)(A) of this
    section was made under subsection (k)(3) of this section (subject
    to paragraph (3)). The remedy against the United States for an
    entity described in paragraph (4) and any officer, employee, or
    contractor'', and added subpars. (B) to (H).
      Subsec. (g)(3). Pub. L. 104-73, Sec. 2(a), struck out at end
    ''This subsection shall not apply with respect to a cause of action
    arising from an act or omission which occurs on or after January 1,
    1996.''
      Subsec. (g)(5)(B). Pub. L. 104-73, Sec. 8, amended subpar. (B)
    generally.  Prior to amendment, subpar. (B) read as follows: ''in
    the case of an individual who normally performs on average less
    than 32 1/2 hours of services per week for the entity for the
    period of the contract and is a licensed or certified provider of
    obstetrical services -
        ''(i) the individual's medical malpractice liability insurance
      coverage does not extend to services performed by the individual
      for the entity under the contract, or
        ''(ii) the Secretary finds that patients to whom the entity
      furnishes services will be deprived of obstetrical services if
      such individual is not considered a contractor of the entity for
      purposes of paragraph (1).''
      Subsec. (h). Pub. L. 104-73, Sec. 5(b)(1), in introductory
    provisions substituted ''The Secretary may not approve an
    application under subsection (g)(1)(D) of this section unless the
    Secretary determines that the entity - '' for ''Notwithstanding
    subsection (g)(1) of this section, the Secretary, in consultation
    with the Attorney General, may not deem an entity described in
    subsection (g)(4) of this section to be an employee of the Public
    Health Service Act for purposes of this section unless the entity -
    ''.
      Subsec. (h)(4). Pub. L. 104-73, Sec. 5(b)(2), substituted ''will
    fully cooperate'' for ''has fully cooperated''.
      Subsec. (i)(1). Pub. L. 104-73, Sec. 9, substituted ''may on the
    record determine, after notice and opportunity for a full and fair
    hearing'' for ''may determine, after notice and opportunity for a
    hearing''.
      Subsec. (k)(1)(A). Pub. L. 104-73, Sec. 2(b)(1), substituted
    ''For each fiscal year'' for ''For each of the fiscal years 1993,
    1994, and 1995'' and struck out ''(except that an estimate shall be
    made for fiscal year 1993 by December 31, 1992, subject to an
    adjustment within 90 days thereafter)'' after ''beginning of the
    year''.
      Subsec. (k)(2). Pub. L. 104-73, Sec. 2(b)(2), 10, substituted
    ''for each fiscal year'' for ''for each of the fiscal years 1993,
    1994, and 1995'' and ''$10,000,000'' for ''$30,000,000''.
      Subsec. (k)(3). Pub. L. 104-73, Sec. 3(2), which directed
    amendment of subsec. (k)(3) by inserting ''governing board
    member,'' after ''officer,'', was executed by inserting such
    language after ''officers,'' to reflect the probable intent of
    Congress.
      Subsec. (l). Pub. L. 104-73, Sec. 6, added subsec. (l).
      Subsec. (m). Pub. L. 104-73, Sec. 7, added subsec. (m).
      Subsec. (n). Pub. L. 104-73, Sec. 11, added subsec. (n).
      1993 - Subsec. (k)(2). Pub. L. 103-183 inserted at end
    ''Appropriations for purposes of this paragraph shall be made
    separate from appropriations made for purposes of sections 254b,
    254c, 256, and 256a of this title.''
      1992 - Subsecs. (g) to (k). Pub. L. 102-501 added subsecs. (g) to
    (k).
                      EFFECTIVE DATE OF 1996 AMENDMENT
      Section 5 of Pub. L. 104-299, as amended by Pub. L. 104-208,
    div.  A, title I, Sec. 101(e) (title V, Sec. 521), Sept. 30, 1996,
    110 Stat. 3009-233, 3009-275, provided that: ''This Act (enacting
    sections 254b and 254c of this title, amending this section and
    sections 256c, 1395x, and 1396d of this title, repealing sections
    256 and 256a of this title, and enacting provisions set out as
    notes under sections 201 and 254b of this title) and the amendments
    made by this Act shall become effective on October 1, 1996.''
      (Section 101(e) (title V, Sec. 521) of Pub. L. 104-208 provided
    that the amendment made by that section is effective on the day
    after Oct. 11, 1996.)
                      EFFECTIVE DATE OF 1995 AMENDMENT
      Section 5(c) of Pub. L. 104-73 provided that: ''If, on the day
    before the date of the enactment of this Act (Dec. 26, 1995), an
    entity was deemed to be an employee of the Public Health Service
    for purposes of section 224(g) of the Public Health Service Act
    (subsec. (g) of this section), the condition under paragraph (1)(D)
    of such section (as added by subsection (a) of this section) that
    an application be approved with respect to the entity does not
    apply until the expiration of the 180-day period beginning on such
    date.''
                      EFFECTIVE DATE OF 1992 AMENDMENT
      Section 6 of Pub. L. 102-501 provided that: ''The amendments made
    by this Act (amending this section) shall take effect on the date
    of the enactment of this Act (Oct. 24, 1992).''
                REPORT ON RISK EXPOSURE OF COVERED ENTITIES
      Section 5 of Pub. L. 102-501 provided that:
      ''(a) In General. - Not later than April 1, 1995, the Attorney
    General, in consultation with the Secretary of Health and Human
    Services (hereafter referred to as the 'Secretary'), shall submit a
    report to Congress on the medical malpractice liability claims
    experience of entities subject to section 224(g) of the Public
    Health Service Act (42 U.S.C. 233(g)) (as added by section 2(a))
    and the risk exposure associated with such entities.
      ''(b) Effect of Liability Protections on Costs Incurred by
    Covered Entities. - The Attorney General's report under subsection
    (a) shall include an analysis by the Secretary comparing -
        ''(1) the Secretary's estimate of the aggregate amounts that
      such entities (together with the officers, employees, and
      contractors of such entities who are subject to section 224(g) of
      such Act) would have directly or indirectly paid to obtain
      medical malpractice liability insurance coverage had section
      224(g) of the Public Health Service Act not been enacted into
      law, with
        ''(2) the aggregate amounts by which the grants received by
      such entities under the Public Health Service Act (this chapter)
      were reduced as a result of the enactment of section 224(k)(2) of
      such Act (42 U.S.C. 233(k)(2)).''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 218a, 254h-1 of this
    title; title 25 section 450f.
 
-CITE-
    42 USC Sec. 234                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 234. Repealed. Pub. L. 94-484, title IV, Sec. 408(b)(1), Oct.
        12, 1976, 90 Stat. 2281, eff.  Oct. 1, 1977
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title II, Sec. 225, as added
    Oct. 27, 1972, Pub. L. 92-585, Sec. 5, 86 Stat. 1293; amended Aug.
    23, 1974, Pub. L. 93-385, Sec. 1, 88 Stat. 741; Apr. 22, 1976, Pub.
    L. 94-278, title IX, Sec. 901, 90 Stat. 415; Sept. 30, 1976, Pub.
    L. 94-437, title I, Sec. 104, 90 Stat. 1403; Oct. 12, 1976, Pub. L.
    94-484, title I, Sec. 101(t), 90 Stat. 2246, related to Public
    Health and National Health Service Corps Scholarship Training
    program.
 
-CITE-
    42 USC Sec. 235                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 235. Administration of grants in multigrant projects;
        promulgation of regulations
 
-STATUTE-
      For the purpose of facilitating the administration of, and
    expediting the carrying out of the purposes of, the programs
    established by subchapters V, VI, and VII (FOOTNOTE 1) of this
    chapter, and sections 242b, 246(a), 246(b), 246(c), 246(d),
    (FOOTNOTE 1) and 246(e) (FOOTNOTE 1) of this title in situations in
    which grants are sought or made under two or more of such programs
    with respect to a single project, the Secretary is authorized to
    promulgate regulations -
       (FOOTNOTE 1) See References in Text note below.
        (1) under which the administrative functions under such
      programs with respect to such project will be performed by a
      single administrative unit which is the administrative unit
      charged with the administration of any of such programs or is the
      administrative unit charged with the supervision of two or more
      of such programs;
        (2) designed to reduce the number of applications, reports, and
      other materials required under such programs to be submitted with
      respect to such project, and otherwise to simplify, consolidate,
      and make uniform (to the extent feasible), the data and
      information required to be contained in such applications,
      reports, and other materials; and
        (3) under which inconsistent or duplicative requirements
      imposed by such programs will be revised and made uniform with
      respect to such project;
    except that nothing in this section shall be construed to authorize
    the Secretary to waive or suspend, with respect to any such
    project, any requirement with respect to any of such programs if
    such requirement is imposed by law or by any regulation required by
    law.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 226, formerly title III,
    Sec. 310A, as added Pub. L. 91-515, title II, Sec. 270, Oct. 30,
    1970, 84 Stat. 1306; amended Pub. L. 92-157, title II, Sec. 201,
    Nov. 18, 1971, 85 Stat. 461; renumbered Sec. 226, Pub. L. 93-353,
    title I, Sec. 102(e), July 23, 1974, 88 Stat. 362.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Subchapters V and VI of this chapter, referred to in text, are
    classified to sections 292 et seq. and 296 et seq., respectively,
    of this title.
      Subchapter VII of this chapter, referred to in text, which was
    classified to section 299 et seq. of this title, was repealed by
    Pub. L. 99-117, Sec. 12(d), Oct. 7, 1985, 99 Stat. 495.
      Section 246(d) of this title, referred to in text, was repealed
    by Pub. L. 97-35, title IX, Sec. 902(b), Aug. 13, 1981, 95 Stat.
    559.
      Section 246(e) of this title, referred to in text, was repealed
    by Pub. L. 94-63, title V, Sec. 501(b), July 29, 1975, 89 Stat.
    346.
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 242i of this title.
 
-MISC3-
                                 AMENDMENTS
      1971 - Pub. L. 92-157 provided for administration of programs
    established under subchapters V and VI of this chapter.
 
-CITE-
    42 USC Sec. 236                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 236. Orphan Products Board
 
-STATUTE-
    (a) Establishment; composition; chairman
      There is established in the Department of Health and Human
    Services a board for the development of drugs (including biologics)
    and devices (including diagnostic products) for rare diseases or
    conditions to be known as the Orphan Products Board. The Board
    shall be comprised of the Assistant Secretary for Health of the
    Department of Health and Human Services and representatives,
    selected by the Secretary, of the Food and Drug Administration, the
    National Institutes of Health, the Centers for Disease Control and
    Prevention, and any other Federal department or agency which the
    Secretary determines has activities relating to drugs and devices
    for rare diseases or conditions.  The Assistant Secretary for
    Health shall chair the Board.
    (b) Function
      The function of the Board shall be to promote the development of
    drugs and devices for rare diseases or conditions and the
    coordination among Federal, other public, and private agencies in
    carrying out their respective functions relating to the development
    of such articles for such diseases or conditions.
    (c) Duties with respect to drugs for rare diseases or conditions
      In the case of drugs for rare diseases or conditions the Board
    shall -
        (1) evaluate -
          (A) the effect of subchapter B of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 360aa et seq.) on the development of
        such drugs, and
          (B) the implementation of such subchapter; (FOOTNOTE 1)
       (FOOTNOTE 1) So in original.  The semicolon probably should be a
    comma.
        (2) evaluate the activities of the National Institutes of
      Health for the development of drugs for such diseases or
      conditions,
        (3) assure appropriate coordination among the Food and Drug
      Administration, the National Institutes of Health and the Centers
      for Disease Control and Prevention in the carrying out of their
      respective functions relating to the development of drugs for
      such diseases or conditions to assure that the activities of each
      agency are complementary,
        (4) assure appropriate coordination among all interested
      Federal agencies, manufacturers, and organizations representing
      patients, in their activities relating to such drugs,
        (5) with the consent of the sponsor of a drug for a rare
      disease or condition exempt under section 505(i) of the Federal
      Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or regulations
      issued under such section, inform physicians and the public
      respecting the availability of such drug for such disease or
      condition and inform physicians and the public respecting the
      availability of drugs approved under section 505(c) of such Act
      (21 U.S.C. 355(c)) or licensed under section 262 of this title
      for rare diseases or conditions,
        (6) seek business entities and others to undertake the
      sponsorship of drugs for rare diseases or conditions, seek
      investigators to facilitate the development of such drugs, and
      seek business entities to participate in the distribution of such
      drugs, and
        (7) recognize the efforts of public and private entities and
      individuals in seeking the development of drugs for rare diseases
      or conditions and in developing such drugs.
    (d) Consultation
      The Board shall consult with interested persons respecting the
    activities of the Board under this section and as part of such
    consultation shall provide the opportunity for the submission of
    oral views.
    (e) Annual report; contents
      The Board shall submit to the Committee on Labor and Human
    Resources of the Senate and the Committee on Energy and Commerce of
    the House of Representatives an annual report -
        (1) identifying the drugs which have been designated under
      section 526 of the Federal Food, Drug, and Cosmetic Act (21
      U.S.C. 360bb) for a rare disease or condition,
        (2) describing the activities of the Board, and
        (3) containing the results of the evaluations carried out by
      the Board.
    The Director of the National Institutes of Health shall submit to
    the Board for inclusion in the annual report a report on the rare
    disease and condition research activities of the Institutes of the
    National Institutes of Health; the Secretary of the Treasury shall
    submit to the Board for inclusion in the annual report a report on
    the use of the credit against tax provided by section 44H (FOOTNOTE
    2) of title 26; and the Secretary of Health and Human Services
    shall submit to the Board for inclusion in the annual report a
    report on the program of assistance under section 360ee of title 21
    for the development of drugs for rare diseases and conditions.
    Each annual report shall be submitted by June 1 of each year for
    the preceding calendar year.
       (FOOTNOTE 2) See References in Text note below.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 227, as added Pub. L.
    97-414, Sec. 3, Jan. 4, 1983, 96 Stat. 2051; amended Pub. L.
    99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-321,
    title I, Sec. 163(b)(1), July 10, 1992, 106 Stat. 375; Pub. L.
    102-531, title III, Sec. 312(d)(1), Oct. 27, 1992, 106 Stat. 3504.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
    (c)(1)(A), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
    amended.  Subchapter B of the Federal Food, Drug, and Cosmetic Act
    probably means subchapter B of chapter V of the Federal Food, Drug,
    and Cosmetic Act which is classified generally to part B (section
    360aa et seq.) of subchapter V of chapter 9 of Title 21, Food and
    Drugs. For complete classification of this Act to the Code, see
    section 301 of Title 21 and Tables.
      Section 44H of title 26, referred to in subsec. (e), was
    renumbered section 28 of title 26, by Pub. L. 98-369, div.  A,
    title IV, Sec. 471(c)(1), July 18, 1984, 98 Stat. 826, and
    subsequently renumbered section 45C of title 26 by Pub. L. 104-188,
    title I, Sec. 1205(a)(1), Aug. 20, 1996, 110 Stat. 1775.
 
-MISC2-
                              PRIOR PROVISIONS
      A prior section 236, act July 1, 1944, ch. 373, title II, Sec.
    227, formerly title III, Sec. 310B, as added Oct. 30, 1970, Pub. L.
    91-515, title II, Sec. 280, 84 Stat. 1307; renumbered Sec. 227 and
    amended July 23, 1974, Pub. L. 93-353, title I, Sec. 102(f), 88
    Stat. 362, related to an annual report by Secretary on activities
    related to health facilities and services and expenditure of funds,
    prior to repeal by Pub. L. 97-35, title XXI, Sec. 2193(b)(4), Aug.
    13, 1981, 95 Stat. 827.
                                 AMENDMENTS
      1992 - Subsec. (a). Pub. L. 102-531 substituted ''Centers for
    Disease Control and Prevention'' for ''Centers for Disease
    Control''.
      Subsec. (c)(2). Pub. L. 102-321, Sec. 163(b)(1)(A), which
    directed the striking out of '', and the Alcohol, Drug Abuse, and
    Mental Health Administration'', was executed by striking ''and the
    Alcohol, Drug Abuse, and Mental Health Administration'' after
    ''National Institutes of Health'' to reflect the probable intent of
    Congress.
      Subsec. (c)(3). Pub. L. 102-531 substituted ''Centers for Disease
    Control and Prevention'' for ''Centers for Disease Control''.
      Pub. L. 102-321, Sec. 163(b)(1)(B), struck out '', the Alcohol,
    Drug Abuse, and Mental Health Administration,'' after ''National
    Institutes of Health''.
      Subsec. (e). Pub. L. 102-321, Sec. 163(b)(1)(C), (D), in
    concluding provisions, struck out ''and the Administrator of the
    Alcohol, Drug Abuse, and Mental Health Administration'' after
    ''National Institutes of Health'' the first place appearing and
    ''and the Alcohol, Drug Abuse, and Mental Health Administration''
    after ''National Institutes of Health'' the second place appearing.
      1986 - Subsec. (e). Pub. L. 99-514 substituted ''Internal Revenue
    Code of 1986'' for ''Internal Revenue Code of 1954'', which for
    purposes of codification was translated as ''title 26'' thus
    requiring no change in text.
 
-CHANGE-
                               CHANGE OF NAME
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.
 
-MISC4-
                      EFFECTIVE DATE OF 1992 AMENDMENT
      Section 801 of Pub. L. 102-321 provided that:
      ''(a) In General. - This Act (See Tables for classification)
    takes effect on the date of the enactment of this Act (July 10,
    1992), subject to subsections (b) through (d).
      ''(b) Amendments. - The amendments described in this Act are made
    on the date of the enactment of this Act and take effect on such
    date, except as provided in subsections (c) and (d).
      ''(c) Reorganization Under Title I. - Title I (Sec. 101-171)
    takes effect on October 1, 1992. The amendments described in such
    title are made on such date and take effect on such date.
      ''(d) Programs Providing Financial Assistance. -
        ''(1) Fiscal year 1993 and subsequent years. - In the case of
      any program making awards of grants, cooperative agreements, or
      contracts, the amendments made by this Act are effective for
      awards made on or after October 1, 1992.
        ''(2) Prior fiscal years. -
          ''(A) Except as provided in subparagraph (B), in the case of
        any program making awards of grants, cooperative agreements, or
        contracts, if the program began operation prior to the date of
        the enactment of this Act (July 10, 1992) and the program is
        amended by this Act, awards made prior to October 1, 1992,
        shall continue to be subject to the terms and conditions upon
        which such awards were made, notwithstanding the amendments
        made by this Act.
          ''(B) Subparagraph (A) does not apply with respect to the
        amendments made by this Act to part B of title XIX of the
        Public Health Service Act (section 300x et seq. of this
        title).  Section 205(a) (set out as a note under section 300x
        of this title) applies with respect to the program established
        in such part.''
       USE OF ''CDC'' AS ACRONYM FOR CENTERS FOR DISEASE CONTROL AND
                                 PREVENTION
      Section 312(i) of Pub. L. 102-531 provided that: ''The amendments
    made by this section (amending this section, sections 247d, 280b to
    280b-2, 285c-4, 285d-7, 285m-4, 289c, 290aa-9, 290bb-1, 300u-5,
    300aa-2, 300aa-19, 300aa-26, 300cc, 300cc-2, 300cc-15, 300cc-17,
    300cc-20, 300cc-31, 300ee-1, 300ee-2, 300ee-31, 300ee-32, 300ee-34,
    300ff-11 to 300ff-13, 300ff-17, 300ff-27, 300ff-28, 300ff-41,
    300ff-43, 300ff-49, 300ff-75, 4841, and 9604 of this title, section
    1341 of Title 15, Commerce and Trade, section 2001 of Title 25,
    Indians, and provisions set out as notes under sections 241 and 281
    of this title and section 303 of Title 38, Veterans' Benefits) may
    not be construed as prohibiting the Director of the Centers for
    Disease Control and Prevention from utilizing for official purposes
    the term 'CDC' as an acronym for such Centers.''
                   NATIONAL COMMISSION ON ORPHAN DISEASES
      Pub. L. 99-91, Sec. 4, Aug. 15, 1985, 99 Stat. 388, as amended by
    Pub. L. 100-290, Sec. 4, Apr. 18, 1988, 102 Stat. 92; Pub. L.
    102-321, title I, Sec. 163(c)(1), July 10, 1992, 106 Stat. 376,
    provided that:
      ''(a) Establishment. - There is established the National
    Commission on Orphan Diseases (hereinafter referred to as the
    'Commission').
      ''(b) Duty. - The Commission shall assess the activities of the
    National Institutes of Health, the Food and Drug Administration,
    other public agencies, and private entities in connection with -
        ''(1) basic research conducted on rare diseases;
        ''(2) the use in research on rare diseases of knowledge
      developed in other research;
        ''(3) applied and clinical research on the prevention,
      diagnosis, and treatment of rare diseases; and
        ''(4) the dissemination to the public, health care
      professionals, researchers, and drug and medical device
      manufacturers of knowledge developed in research on rare diseases
      and other diseases which can be used in the prevention,
      diagnosis, and treatment of rare diseases.
      ''(c) Review Requirements. - In assessing the activities of the
    National Institutes of Health, and the Food and Drug Administration
    in connection with research on rare diseases, the Commission shall
    review -
        ''(1) the appropriateness of the priorities currently placed on
      research on rare diseases;
        ''(2) the relative effectiveness of grants and contracts when
      used to fund research on rare diseases;
        ''(3) the appropriateness of specific requirements applicable
      to applications for funds for research on rare diseases taking
      into consideration the reasonable capacity of applicants to meet
      such requirements;
        ''(4) the adequacy of the scientific basis for such research,
      including the adequacy of the research facilities and research
      resources used in such research and the appropriateness of the
      scientific training of the personnel engaged in such research;
        ''(5) the effectiveness of activities undertaken to encourage
      such research;
        ''(6) the organization of the peer review process applicable to
      applications for funds for such research to determine if the
      organization of the peer review process could be revised to
      improve the effectiveness of the review provided to proposals for
      research on rare diseases;
        ''(7) the effectiveness of the coordination between the
      national research institutes of the National Institutes of
      Health, the Food and Drug Administration, and private entities in
      supporting such research; and
        ''(8) the effectiveness of activities undertaken to assure that
      knowledge developed in research on nonrare diseases is, when
      appropriate, used in research on rare diseases.
      ''(d) Composition. - The Commission shall be composed of twenty
    members appointed by the Secretary of Health and Human Services as
    follows:
        ''(1) Ten members shall be appointed from individuals who are
      not officers or employees of the Government and who by virtue of
      their training or experience in research on rare diseases or in
      the treatment of rare diseases are qualified to serve on the
      Commission.
        ''(2) Five members shall be appointed from individuals who are
      not officers or employees of the Government and who have a rare
      disease or are employed to represent or are members of an
      organization concerned about rare disease.
        ''(3) Four nonvoting members shall be appointed for the
      directors of the national research institutes of the National
      Institutes of Health which the Secretary determines are involved
      with rare diseases.
        ''(4) One nonvoting member shall be appointed from officers or
      employees of the Food and Drug Administration who the Secretary
      determines are involved with rare diseases.
    A vacancy in the Commission shall be filled in the manner in which
    the original appointment was made.  If any member of the Commission
    who was appointed to the Commission as a director of a national
    research institute or as an officer or employee of the Food and
    Drug Administration leaves that office or position, or if any
    member of the Commission who was appointed from persons who are not
    officers or employees of the Government becomes an officer or
    employee of the Government, such member may continue as a member of
    the Commission for not longer than the ninety-day period beginning
    on the date such member leaves that office or position or becomes
    such an officer or employee, as the case may be.
      ''(e) Term. - Members shall be appointed for the life of the
    Commission.
      ''(f) Compensation. -
        ''(1) Except as provided in paragraph (2), members of the
      Commission shall each be entitled to receive compensation at a
      rate not to exceed the daily equivalent of the annual rate of
      basic pay in effect for grade GS-18 of the General Schedule for
      each day (including traveltime) during which they are engaged in
      the actual performance of duties as members of the Commission.
        ''(2) Members of the Commission who are full-time officers or
      employees of the Government shall receive no additional pay by
      reason of their service on the Commission.
      ''(g) Chairman. - The Chairman of the Commission shall be
    designated by the members of the Commission.
      ''(h) Staff. - Subject to such rules as may be prescribed by the
    Commission, the Commission may appoint and fix the pay of such
    personnel as it determines are necessary to enable the Commission
    to carry out its functions.  Personnel shall be appointed subject
    to the provisions of title 5, United States Code, governing
    appointments in the competitive service, and shall be paid in
    accordance with the provisions of chapter 51 and subchapter III of
    chapter 53 of such title relating to classification and General
    Schedule pay rates.
      ''(i) Experts and Consultants. - Subject to such rules as may be
    prescribed by the Commission, the Commission may procure temporary
    and intermittent services under section 3109(b) of title 5 of the
    United States Code, but at rates for individuals not to exceed the
    daily equivalent of the basic pay payable for grade GS-15 of the
    General Schedule.
      ''(j) Detail of Personnel. - Upon request of the Commission, the
    head of any Federal agency is authorized to detail, on a
    reimbursable basis, any of the personnel of such agency to the
    Commission to assist the Commission in carrying out its functions.
      ''(k) Administrative Support Services. - The Administrator of
    General Services shall provide to the Commission on a reimbursable
    basis such administrative support services as the Commission may
    request.
      ''(l) General Authority. - The Commission may, for the purpose of
    carrying out this section, hold such hearings, sit and act at such
    times and places, take such testimony, and receive such evidence,
    as the Commission considers appropriate.
      ''(m) Information. - The Commission may secure directly from any
    department or agency of the United States information necessary to
    enable it to carry out this section.  Upon request of the Chairman,
    the head of such department or agency shall furnish such
    information to the Commission.
      ''(n) Report. - The Commission shall transmit to the Secretary
    and to each House of the Congress a report not later than February
    1, 1989, on the activities of the Commission. The report shall
    contain a detailed statement of the findings and conclusions of the
    Commission, together with its recommendations for -
        ''(1) a long range plan for the use of public and private
      resources to improve research into rare diseases and to assist in
      the prevention, diagnosis, and treatment of rare diseases; and
        ''(2) such legislation or administrative actions as it
      considers appropriate.
      ''(o) Termination. - The Commission shall terminate 90 days after
    the date of the submittal of its report under subsection (n).
      ''(p) Funds. - The Director of the National Institutes of Health
    shall make available $1,000,000 to the Commission from
    appropriations for fiscal year 1986 for the National Institutes of
    Health.''
 
-CITE-
    42 USC Sec. 237                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part A - Administration
 
-HEAD-
    Sec. 237. Silvio O. Conte Senior Biomedical Research Service
 
-STATUTE-
    (a) Creation; number of members
      (1) There shall be in the Public Health Service a Silvio O. Conte
    Senior Biomedical Research Service, not to exceed 500 members.
      (2) The authority established in paragraph (1) regarding the
    number of members in the Silvio O. Conte Senior Biomedical Research
    Service is in addition to any authority established regarding the
    number of members in the commissioned Regular Corps, in the Reserve
    Corps, and in the Senior Executive Service. Such paragraph may not
    be construed to require that the number of members in the
    commissioned Regular Corps, in the Reserve Corps, or in the Senior
    Executive Service be reduced to offset the number of members
    serving in the Silvio O. Conte Senior Biomedical Research Service
    (in this section referred to as the ''Service'').
    (b) Appointments; qualifications; provisions inapplicable to
        members
      The Service shall be appointed by the Secretary without regard to
    the provisions of title 5 regarding appointment, and shall consist
    of individuals outstanding in the field of biomedical research or
    clinical research evaluation.  No individual may be appointed to
    the Service unless such individual (1) has earned a doctoral level
    degree in biomedicine or a related field, and (2) meets the
    qualification standards prescribed by the Office of Personnel
    Management for appointment to a position at GS-15 of the General
    Schedule. Notwithstanding any previous applicability to an
    individual who is a member of the Service, the provisions of
    subchapter I of chapter 35 (relating to retention preference),
    chapter 43 (relating to performance appraisal and performance
    actions), chapter 51 (relating to classification), subchapter III
    of chapter 53 (relating to General Schedule pay rates), and chapter
    75 (relating to adverse actions) of title 5 shall not apply to any
    member of the Service.
    (c) Performance appraisal system
      The Secretary shall develop a performance appraisal system
    designed to -
        (1) provide for the systematic appraisal of the performance of
      members, and
        (2) encourage excellence in performance by members.
    (d) Pay of members
      (1) The Secretary shall determine, subject to the provisions of
    this subsection, the pay of members of the Service.
      (2) The pay of a member of the Service shall not be less than the
    minimum rate payable for GS-15 of the General Schedule and shall
    not exceed the rate payable for level I of the Executive Schedule
    unless approved by the President under section 5377(d)(2) of title
    5.
    (e) Contribution to retirement system of institutions of higher
        education
      The Secretary may, upon the request of a member who -
        (1) performed service in the employ of an institution of higher
      education immediately prior to his appointment as a member of the
      Service, and
        (2) retains the right to continue to make contributions to the
      retirement system of such institution,
    contribute an amount not to exceed 10 percent per annum of the
    member's basic pay to such institution's retirement system on
    behalf of such member.  A member who requests that such
    contribution be made shall not be covered by, or earn service
    credit under, any retirement system established for employees of
    the United States under title 5, but such service shall be
    creditable for determining years of service under section 6303(a)
    of such title.
    (f) Career and noncareer appointment of certain individuals
      Subject to the following sentence, the Secretary may,
    notwithstanding the provisions of title 5 regarding appointment,
    appoint an individual who is separated from the Service
    involuntarily and without cause to a position in the competitive
    civil service at GS-15 of the General Schedule, and such
    appointment shall be a career appointment.  In the case of such an
    individual who immediately prior to his appointment to the Service
    was not a career appointee in the civil service or the Senior
    Executive Service, such appointment shall be in the excepted civil
    service and may not exceed a period of 2 years.
    (g) Rules and regulations
      The Secretary shall promulgate such rules and regulations, not
    inconsistent with this section, as may be necessary for the
    efficient administration of the Service.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 228, as added Pub. L.
    101-509, title V, Sec. 529 (title III, Sec. 304(a)), Nov. 5, 1990,
    104 Stat. 1427, 1463; amended Pub. L. 103-43, title XX, Sec. 2001,
    June 10, 1993, 107 Stat. 208.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The General Schedule, referred to in subsecs. (b), (d)(2), and
    (f), is set out under section 5332 of Title 5, Government
    Organization and Employees.
      The provisions of title 5 regarding appointments, referred to in
    subsecs. (b) and (f), are classified to section 3301 et seq. of
    Title 5.
      Level I of the Executive Schedule, referred to in subsec. (d)(2),
    is set out in section 5312 of Title 5.
 
-MISC2-
                                 AMENDMENTS
      1993 - Pub. L. 103-43, Sec. 2001(b), substituted ''Silvio O.
    Conte Senior Biomedical Research Service'' for ''Senior Biomedical
    Research Service'' in section catchline.
      Subsec. (a). Pub. L. 103-43, Sec. 2001(a), amended subsec. (a)
    generally.  Prior to amendment, subsec. (a) read as follows:
    ''There shall be in the Public Health Service a Senior Biomedical
    Research Service (hereinafter in this section referred to as the
    'Service'), not to exceed 350 members at any time.''
                               EFFECTIVE DATE
      Section effective on the 90th day following Nov. 5, 1990, see
    section 529 (title III, Sec. 304(c)) of Pub. L. 101-509, set out as
    an Effective Date of 1990 Amendment note under section 212 of this
    title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 212 of this title.
 
-CITE-
    42 USC Part B - Miscellaneous Provisions                     01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
    .
 
-HEAD-
    Part B - Miscellaneous Provisions
 
-COD-
                                CODIFICATION
      This part was classified to subchapter XXV (Sec. 300aaa et seq.)
    of this chapter prior to its renumbering by Pub. L. 103-43, title
    XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.
 
-CITE-
    42 USC Sec. 238                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238. Gifts for benefit of Service
 
-STATUTE-
    (a) Acceptance by Secretary
      The Secretary of Health and Human Services is authorized to
    accept on behalf of the United States gifts made unconditionally by
    will or otherwise for the benefit of the Service or for the
    carrying out of any of its functions.  Conditional gifts may be so
    accepted if recommended by the Surgeon General, and the principal
    of and income from any such conditional gift shall be held,
    invested, reinvested, and used in accordance with its conditions,
    but no gift shall be accepted which is conditioned upon any
    expenditure not to be met therefrom or from the income thereof
    unless such expenditure has been approved by Act of Congress.
    (b) Depository of funds; availability for expenditure
      Any unconditional gift of money accepted pursuant to the
    authority granted in subsection (a) of this section, the net
    proceeds from the liquidation (pursuant to subsection (c) or
    subsection (d) of this section) of any other property so accepted,
    and the proceeds of insurance on any such gift property not used
    for its restoration, shall be deposited in the Treasury of the
    United States and are hereby appropriated and shall be held in
    trust by the Secretary of the Treasury for the benefit of the
    Service, and he may invest and reinvest such funds in
    interest-bearing obligations of the United States or in obligations
    guaranteed as to both principal and interest by the United States.
    Such gifts and the income from such investments shall be available
    for expenditure in the operation of the Service and the performance
    of its functions, subject to the same examination and audit as is
    provided for appropriations made for the Service by Congress.
    (c) Evidences of unconditional gifts of intangible property
      The evidences of any unconditional gift of intangible personal
    property, other than money, accepted pursuant to the authority
    granted in subsection (a) of this section shall be deposited with
    the Secretary of the Treasury and he, in his discretion, may hold
    them, or liquidate them except that they shall be liquidated upon
    the request of the Secretary of Health and Human Services whenever
    necessary to meet payments required in the operation of the Service
    or the performance of its functions.  The proceeds and income from
    any such property held by the Secretary of the Treasury shall be
    available for expenditure as is provided in subsection (b) of this
    section.
    (d) Real property or tangible personal property
      The Secretary of Health and Human Services, shall hold any real
    property or any tangible personal property accepted unconditionally
    pursuant to the authority granted in subsection (a) of this section
    and he shall permit such property to be used for the operation of
    the Service and the performance of its functions or he may lease or
    hire such property, and may insure such property, and deposit the
    income thereof with the Secretary of the Treasury to be available
    for expenditure as provided in subsection (b) of this section:
    Provided, That the income from any such real property or tangible
    personal property shall be available for expenditure in the
    discretion of the Secretary of Health and Human Services, for the
    maintenance, preservation, or repair and insurance of such property
    and that any proceeds from insurance may be used to restore the
    property insured.  Any such property when not required for the
    operation of the Service or the performance of its functions may be
    liquidated by the Secretary of Health and Human Services, and the
    proceeds thereof deposited with the Secretary of the Treasury,
    whenever in his judgment the purposes of the gifts will be served
    thereby.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 231, formerly title V, Sec.
    501, 58 Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425;
    June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan
    No. 1, Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
    Pub. L. 90-574, title V, Sec. 503(b), Oct. 15, 1968, 82 Stat. 1012;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    renumbered title XXI, Sec. 2101, Pub. L. 98-24, Sec. 2(a)(1), Apr.
    26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2301, Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;
    renumbered title XXV, Sec. 2501, Pub. L. 100-607, title II, Sec.
    201(1), (2), Nov. 4, 1988, 102 Stat. 3062; renumbered title XXVI,
    Sec. 2601, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988,
    102 Stat. 4244; renumbered title XXVII, Sec. 2701, Pub. L. 101-381,
    title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered
    title II, Sec. 231, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3),
    June 10, 1993, 107 Stat. 213.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa of
    this title prior to renumbering by Pub. L. 99-660, and to section
    219 of this title prior to renumbering by Pub. L. 98-24.
 
-MISC3-
                                 AMENDMENTS
      1968 - Subsec. (e). Pub. L. 90-574 struck out subsec. (e) which
    provided for acknowledgment of donations of $50,000 or more in aid
    of research by the establishment of suitable memorials within the
    National Institutes of Health and the National Institute of Mental
    Health.
      1948 - Subsec. (e). Act June 16, 1948, substituted ''National
    Institutes of Health'' for ''National Institute of Health''.
      1946 - Subsec. (e). Act July 3, 1946, inserted reference to
    National Institute of Mental Health.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-CROSS-
                              CROSS REFERENCES
      National Institutes of Health gift fund and conditional gift fund
    to be classified on books of Treasury as trust funds, see section
    1321 of Title 31, Money and Finance.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 284a, 285q-2, 286, 287a,
    289f of this title.
 
-CITE-
    42 USC Sec. 238a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238a. Use of immigration station hospitals
 
-STATUTE-
      The Immigration and Naturalization Service may, by agreement of
    the heads of the departments concerned, permit the Public Health
    Service to use hospitals at immigration stations for the care of
    Public Health Service patients.  The Surgeon General shall
    reimburse the Immigration and Naturalization Service for the actual
    cost of furnishing fuel, light, water, telephone, and similar
    supplies and services, which reimbursement shall be covered into
    the proper Immigration and Naturalization Service appropriation, or
    such costs may be paid from working funds established as provided
    by law, but no charge shall be made for the expense of physical
    upkeep of the hospitals.  The Immigration and Naturalization
    Service shall reimburse the Surgeon General for the care and
    treatment of persons detained in hospitals of the Public Health
    Service at the request of the Immigration and Naturalization
    Service unless such persons are entitled to care and treatment
    under section 249(a) (FOOTNOTE 1) of this title.
       (FOOTNOTE 1) See References in Text note below.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 232, formerly title V, Sec.
    502, 58 Stat. 710, renumbered title XXI, Sec. 2102, Pub. L. 98-24,
    Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII,
    Sec. 2302, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986,
    100 Stat. 3755; renumbered title XXV, Sec. 2502, Pub. L. 100-607,
    title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062;
    renumbered title XXVI, Sec. 2602, Pub. L. 100-690, title II, Sec.
    2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII,
    Sec. 2702, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18,
    1990, 104 Stat. 576; renumbered title II, Sec. 232, Pub. L. 103-43,
    title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Subsec. (a) of section 249 of this title, referred to in text,
    which related to persons entitled to care and treatment without
    charge, was repealed, and subsec. (c) of section 249 of this title
    was redesignated as subsec. (a), by Pub. L. 97-35, title IX, Sec.
    986(a), (b)(2), Aug. 13, 1981, 95 Stat. 603.
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-1 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-1 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-1
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 220 of this title prior to renumbering by Pub. L. 98-24.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions all agencies of or in Public Health
    Service transferred to Secretary of Health, Education, and Welfare
    by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80
    Stat. 1610, set out as a note under section 202 of this title.
    Secretary of Health, Education, and Welfare redesignated Secretary
    of Health and Human Services by section 509(b) of Pub. L. 96-88
    which is classified to section 3508(b) of Title 20, Education.
      Functions of all other officers of Department of Justice and
    functions of all agencies and employees of such Department, with a
    few exceptions, transferred to Attorney General, with power vested
    in him to authorize their performance or performance of any of his
    functions by any of such officers, agencies, and employees, by
    sections 1 and 2 of Reorg. Plan No. 2 of 1950, eff.  May 24, 1950,
    15 F.R. 3173, 64 Stat. 1261, which were repealed by Pub. L. 89-554,
    Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. Immigration and
    Naturalization Service, referred to in this section, is a bureau in
    Department of Justice.
 
-CITE-
    42 USC Sec. 238b                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238b. Disposition of money collected for care of patients
 
-STATUTE-
      Money collected as provided by law for expenses incurred in the
    care and treatment of foreign seamen, and money received for the
    care and treatment of pay patients, including any amounts received
    from any executive department on account of care and treatment of
    pay patients, shall be covered into the appropriation from which
    the expenses of such care and treatment were paid.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 233, formerly title V, Sec.
    503, 58 Stat. 710, renumbered title XXI, Sec. 2103, Pub. L. 98-24,
    Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII,
    Sec. 2303, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986,
    100 Stat. 3755; renumbered title XXV, Sec. 2503, Pub. L. 100-607,
    title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062;
    renumbered title XXVI, Sec. 2603, Pub. L. 100-690, title II, Sec.
    2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII,
    Sec. 2703, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18,
    1990, 104 Stat. 576; renumbered title II, Sec. 233, Pub. L. 103-43,
    title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-2 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-2 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-2
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 221 of this title prior to renumbering by Pub. L. 98-24.
 
-CITE-
    42 USC Sec. 238c                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238c. Transportation of remains of officers
 
-STATUTE-
      Appropriations available for traveling expenses of the Service
    shall be available for meeting the cost of preparation for burial
    and of transportation to the place of burial of remains of
    commissioned officers, and of personnel specified in regulations,
    who die in line of duty.  Appropriations available for carrying out
    the provisions of this chapter shall also be available for the
    payment of such expenses relating to the recovery, care and
    disposition of the remains of personnel or their dependents as may
    be authorized under other provisions of law.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 234, formerly title V, Sec.
    506, 58 Stat. 710; July 15, 1954, ch. 507, Sec. 14(b), 68 Stat.
    481; renumbered title XXI, Sec. 2106, Pub. L. 98-24, Sec. 2(a)(1),
    Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2306,
    Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat.
    3755; renumbered title XXV, Sec. 2504, Pub. L. 100-607, title II,
    Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered
    title XXVI, Sec. 2604, Pub. L. 100-690, title II, Sec. 2620(a),
    Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2704,
    Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104
    Stat. 576; renumbered title II, Sec. 234, Pub. L. 103-43, title XX,
    Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-3 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-5 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-5
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 224 of this title prior to renumbering by Pub. L. 98-24.
 
-MISC3-
                                 AMENDMENTS
      1954 - Act July 15, 1954, inserted sentence at end relating to
    availability of appropriations for paying expenses relating to
    recovery, care, and disposition of the remains of personnel or
    their dependents.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
 
-MISC5-
                DISPOSITION OF REMAINS OF DECEASED PERSONNEL
      Recovery, care and disposition of the remains of deceased members
    of the uniformed services and other deceased personnel, see section
    1481 et seq. of Title 10, Armed Forces.
 
-CITE-
    42 USC Sec. 238d                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238d. Availability of appropriations for grants to Federal
        institutions
 
-STATUTE-
      Appropriations to the Public Health Service available under this
    chapter for research, training, or demonstration project grants or
    for grants to expand existing treatment and research programs and
    facilities for alcoholism, narcotic addiction, drug abuse, and drug
    dependence and appropriations under title VI of the Mental Health
    Systems Act (42 U.S.C. 9511 et seq.) shall also be available on the
    same terms and conditions as apply to non-Federal institutions, for
    grants for the same purpose to Federal institutions, except that
    grants to Federal institutions may be funded at 100 per centum of
    the costs.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 235, formerly title V, Sec.
    507, as added Pub. L. 90-31, Sec. 5, June 24, 1967, 81 Stat. 79;
    amended Pub. L. 91-513, title I, Sec. 3(c), Oct. 27, 1970, 84 Stat.
    1241; Pub. L. 94-278, title XI, Sec. 1102(b), Apr. 22, 1976, 90
    Stat. 415; Pub. L. 96-398, title VIII, Sec. 804(b), Oct. 7, 1980,
    94 Stat. 1608; Pub. L. 97-35, title IX, Sec. 902(g)(2), Aug. 13,
    1981, 95 Stat. 560; renumbered title XXI, Sec. 2107, Pub. L. 98-24,
    Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII,
    Sec. 2307, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986,
    100 Stat. 3755; renumbered title XXV, Sec. 2505, Pub. L. 100-607,
    title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063;
    renumbered title XXVI, Sec. 2605, Pub. L. 100-690, title II, Sec.
    2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII,
    Sec. 2705, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18,
    1990, 104 Stat. 576; renumbered title II, Sec. 235, Pub. L. 103-43,
    title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Mental Health Systems Act, referred to in text, is Pub. L.
    96-398, Oct. 7, 1980, 94 Stat. 1564, as amended.  Title VI of the
    Mental Health Systems Act is classified generally to subchapter V
    (Sec. 9511 et seq.) of chapter 102 of this title.  For complete
    classification of this Act to the Code, see Short Title note set
    out under section 9401 of this title and Tables.
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-4 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-6 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-6
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 225a of this title prior to renumbering by Pub. L. 98-24.
 
-MISC3-
                                 AMENDMENTS
      1981 - Pub. L. 97-35 struck out provisions relating to
    appropriations available under Community Mental Health Centers Act
    for construction, etc.
      1980 - Pub. L. 96-398 struck out ''and'' after ''drug
    dependence,'' and inserted reference to title VI of the Mental
    Health Systems Act.
      1976 - Pub. L. 94-278 substituted ''Federal institutions, except
    that grants to'' for ''hospitals of the Service, of the Veterans'
    Administration, or of the Bureau of Prisons of the Department of
    Justice, and to Saint Elizabeths Hospital, except grants to such''.
      1970 - Pub. L. 91-513 inserted references to appropriations
    available for grants to expand existing treatment and research
    programs and facilities for alcoholism, narcotic addiction, drug
    abuse, and drug dependence, and appropriations available under
    Community Mental Health Centers Act for construction and staffing
    of community mental health centers and alcoholism and narcotic
    addiction, drug abuse, and drug dependence facilities, and inserted
    provision that grants to specified Federal institutions may be
    funded at 100 per centum of the costs.
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    902(h) of Pub. L. 97-35, set out as a note under section 238l of
    this title.
                               EFFECTIVE DATE
      Section 5 of Pub. L. 90-31 provided that this section is
    effective July 1, 1968.
 
-CITE-
    42 USC Sec. 238e                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238e. Transfer of funds
 
-STATUTE-
      For the purpose of any reorganization under section 203 of this
    title, the Secretary, with the approval of the Director of the
    Office of Management and Budget, is authorized to make such
    transfers of funds between appropriations as may be necessary for
    the continuance of transferred functions.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 236, formerly title V, Sec.
    508, 58 Stat. 711; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr.
    11, 1953, 18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, Sec.
    102, eff.  July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; renumbered
    title XXI, Sec. 2108, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983,
    97 Stat. 176; renumbered title XXIII, Sec. 2308, Pub. L. 99-660,
    title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered
    title XXV, Sec. 2506, Pub. L. 100-607, title II, Sec. 201(1), (3),
    Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec.
    2606, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102
    Stat. 4244; renumbered title XXVII, Sec. 2706, Pub. L. 101-381,
    title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered
    title II, Sec. 236, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3),
    June 10, 1993, 107 Stat. 213.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-5 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-7 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-7
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 226 of this title prior to renumbering by Pub. L. 98-24.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions vested by law (including reorganization plan) in Bureau
    of the Budget or Director of Bureau of the Budget transferred to
    President of the United States by section 101 of Reorg. Plan No. 2
    of 1970, eff.  July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out
    in the Appendix to Title 5, Government Organization and Employees.
    Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the
    Budget as Office of Management and Budget.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20, Education.
 
-CITE-
    42 USC Sec. 238f                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238f. Availability of appropriations
 
-STATUTE-
      Appropriations for carrying out the purposes of this chapter
    shall be available for expenditure for personal services and rent
    at the seat of Government; books of reference, periodicals, and
    exhibits; printing and binding; transporting in Government-owned
    automotive equipment, to and from school, children of personnel who
    have quarters for themselves and their families at stations
    determined by the Surgeon General to be isolated stations; expenses
    incurred in pursuing, identifying, and returning prisoners who
    escape from any hospital, institution, or station of the Service or
    from the custody of any officer or employee of the Service,
    including rewards for the capture of such prisoners; furnishing,
    repairing, and cleaning such wearing apparel as may be prescribed
    by the Surgeon General for use by employees in the performance of
    their official duties; reimbursing officers and employees, subject
    to regulations of the Secretary, for the cost of repairing or
    replacing their personal belongings damaged or destroyed by
    patients while such officers or employees are engaged in the
    performance of their official duties; and maintenance of buildings
    of the National Institutes of Health.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 237, formerly title V, Sec.
    509, 58 Stat. 711; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469;
    June 25, 1948, ch. 654, Sec. 7, 62 Stat. 1018; 1953 Reorg. Plan No.
    1, Sec. 5, 8, eff.  Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
    renumbered title XXI, Sec. 2109, Pub. L. 98-24, Sec. 2(a)(1), Apr.
    26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2309, Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;
    renumbered title XXV, Sec. 2507, Pub. L. 100-607, title II, Sec.
    201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title
    XXVI, Sec. 2607, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18,
    1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2707, Pub. L.
    101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576;
    renumbered title II, Sec. 237, Pub. L. 103-43, title XX, Sec.
    2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-6 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-8 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-8
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 227 of this title prior to renumbering by Pub. L. 98-24.
 
-MISC3-
                                 AMENDMENTS
      1948 - Act June 25, 1948, amended section generally to make it
    apply to all appropriations to carry out the purposes of the
    Service instead of merely to appropriations to carry out the
    research functions of the Service.
      Act June 16, 1948, substituted ''National Institutes of Health''
    for ''National Institute of Health''.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-MISC5-
                          BUY AMERICAN PROVISIONS
      Section 2004 of Pub. L. 103-43, as amended by Pub. L. 105-392,
    title IV, Sec. 416(a), (b), Nov. 13, 1998, 112 Stat. 3590, provided
    that:
      ''(a) Sense of Congress Regarding Purchase of American-Made
    Equipment and Products. - In the case of any equipment or product
    that may be authorized to be purchased with financial assistance
    provided pursuant to this Act for any of the fiscal years 1994
    through 1996, it is the sense of the Congress that entities
    receiving such assistance should, in expending the assistance,
    purchase only American-made equipment and products.
      ''(b) Notice to Recipients of Assistance. - In providing
    financial assistance pursuant to this Act, the Secretary of Health
    and Human Services shall provide to each recipient of the
    assistance a notice describing the statement made in subsection (a)
    by the Congress.''
      (Pub. L. 105-392, title IV, Sec. 416(c), Nov. 13, 1998, 112 Stat.
    3591, provided that: ''This section (amending section 2004 of Pub.
    L. 103-43, set out above) is deemed to have taken effect
    immediately after the enactment of Public Law 103-43 (June 10,
    1993).'')
    AVAILABILITY OF APPROPRIATIONS FOR ACTIVE COMMISSIONED OFFICERS AND
                               OTHER EXPENSES
      Pub. L. 102-394, title II, Sec. 202, Oct. 6, 1992, 106 Stat.
    1810, provided that: ''Appropriations in this or any other Act or
    subsequent Departments of Labor, Health and Human Services, and
    Education, and Related Agencies Appropriations Acts shall be
    available for expenses for active commissioned officers in the
    Public Health Service Reserve Corps and for not to exceed 2,800
    commissioned officers in the Regular Corps; expenses incident to
    the dissemination of health information in foreign countries
    through exhibits and other appropriate means; advances of funds for
    compensation, travel, and subsistence expenses (or per diem in lieu
    thereof) for persons coming from abroad to participate in health or
    scientific activities of the Department pursuant to law; expenses
    of primary and secondary schooling of dependents in foreign
    countries, of Public Health Service commissioned officers stationed
    in foreign countries, at costs for any given area not in excess of
    those of the Department of Defense for the same area, when it is
    determined by the Secretary that the schools available in the
    locality are unable to provide adequately for the education of such
    dependents, and for the transportation of such dependents, between
    such schools and their places of residence when the schools are not
    accessible to such dependents by regular means of transportation;
    expenses for medical care for civilian and commissioned employees
    of the Public Health Service and their dependents assigned abroad
    on a permanent basis in accordance with such regulations as the
    Secretary may provide; rental or lease of living quarters (for
    periods not exceeding five years), and provision of heat, fuel, and
    light and maintenance, improvement, and repair of such quarters,
    and advance payments therefor, for civilian officers and employees
    of the Public Health Service who are United States citizens and who
    have a permanent station in a foreign country; purchase, erection,
    and maintenance of temporary or portable structures; and for the
    payment of compensation to consultants or individual scientists
    appointed for limited periods of time pursuant to section 207(f) or
    section 207(g) of the Public Health Service Act (42 U.S.C. 209(f),
    (g)), at rates established by the Assistant Secretary for Health,
    or the Secretary where such action is required by statute, not to
    exceed the per diem rate equivalent to the maximum rate payable for
    senior-level positions under 5 U.S.C. 5376.''
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-170, title II, Sec. 202, Nov. 26, 1991, 105 Stat.
    1126.
      Pub. L. 101-517, title II, Sec. 202, Nov. 5, 1990, 104 Stat.
    2208.
      Pub. L. 101-166, title II, Sec. 203, Nov. 21, 1989, 103 Stat.
    1176.
      Pub. L. 100-202, Sec. 101(h) (title II, Sec. 203), Dec. 22, 1987,
    101 Stat. 1329-256, 1329-273.
      Pub. L. 99-500, Sec. 101(i) (H.R. 5233, title II, Sec. 203), Oct.
    18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) (H.R.
    5233, title II, Sec. 203), Oct. 30, 1986, 100 Stat. 3341-287.
      Pub. L. 99-178, title II, Sec. 203, Dec. 12, 1985, 99 Stat. 1118.
      Pub. L. 98-619, title II, Sec. 203, Nov. 8, 1984, 98 Stat. 3320.
      Pub. L. 98-139, title II, Sec. 203, Oct. 31, 1983, 97 Stat. 887.
      Pub. L. 97-377, title I, Sec. 101(e)(1) (title II, Sec. 203),
    Dec. 21, 1982, 96 Stat. 1878, 1893.
     CREDITING OF PAYMENTS FOR ROOM AND BOARD TO APPROPRIATION ACCOUNTS
      Pub. L. 102-394, title II, Sec. 206, Oct. 6, 1992, 106 Stat.
    1811, provided that: ''Hereafter amounts received from employees of
    the Department in payment for room and board may be credited to the
    appropriation accounts which finance the activities of the Public
    Health Service.''
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-170, title II, Sec. 206, Nov. 26, 1991, 105 Stat.
    1126.
      Pub. L. 101-517, title II, Sec. 206, Nov. 5, 1990, 104 Stat.
    2209.
      Pub. L. 101-166, title II, Sec. 207, Nov. 21, 1989, 103 Stat.
    1177.
 
-CITE-
    42 USC Sec. 238g                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238g. Wearing of uniforms
 
-STATUTE-
      Except as may be authorized by regulations of the President, the
    insignia and uniform of commissioned officers of the Service, or
    any distinctive part of such insignia or uniform, or any insignia
    or uniform any part of which is similar to a distinctive part
    thereof, shall not be worn, after the promulgation of such
    regulations, by any person other than a commissioned officer of the
    Service.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 238, formerly title V, Sec.
    510, 58 Stat. 711; June 25, 1948, ch. 645, Sec. 5, 62 Stat. 859;
    renumbered title XXI, Sec. 2110, Pub. L. 98-24, Sec. 2(a)(1), Apr.
    26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2310, Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;
    renumbered title XXV, Sec. 2508, Pub. L. 100-607, title II, Sec.
    201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title
    XXVI, Sec. 2608, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18,
    1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2708, Pub. L.
    101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576;
    renumbered title II, Sec. 238, Pub. L. 103-43, title XX, Sec.
    2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-7 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-9 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-9
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 228 of this title prior to renumbering by Pub. L. 98-24.
 
-MISC3-
                                 AMENDMENTS
      1948 - Act June 25, 1948, struck out penal provisions.  See
    section 702 of Title 18, Crimes and Criminal Procedure.
                      EFFECTIVE DATE OF 1948 AMENDMENT
      Amendment effective Sept. 1, 1948, see section 20 of act June 25,
    1948.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out as a note under section 202 of this
    title.  Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
                          DELEGATION OF FUNCTIONS
      Functions of President delegated to Secretary of Health and Human
    Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as
    amended, set out as a note under section 202 of this title.
 
-CITE-
    42 USC Sec. 238h                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238h. Biennial report
 
-STATUTE-
      The Surgeon General shall transmit to the Secretary, for
    submission to the Congress, on January 1, 1995, and on January 1,
    every 2 years thereafter, a full report of the administration of
    the functions of the Service under this chapter, including a
    detailed statement of receipts and disbursements.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 239, formerly title V, Sec.
    511, 58 Stat. 711; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr.
    11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered title XXI, Sec.
    2111, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176;
    renumbered title XXIII, Sec. 2311, Pub. L. 99-660, title III, Sec.
    311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec.
    2509, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988,
    102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2609, Pub. L.
    100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244;
    renumbered title XXVII, Sec. 2709, Pub. L. 101-381, title I, Sec.
    101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II,
    Sec. 239, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10,
    1993, 107 Stat. 213; Pub. L. 104-66, title I, Sec. 1062(a), Dec.
    21, 1995, 109 Stat. 720.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-8 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-10 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-10
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 229 of this title prior to renumbering by Pub. L. 98-24.
 
-MISC3-
                                 AMENDMENTS
      1995 - Pub. L. 104-66 amended section catchline and text
    generally.  Prior to amendment, text read as follows: ''The Surgeon
    General shall transmit to the Secretary, for submission to the
    Congress at the beginning of each regular session, a full report of
    the administration of the functions of the Service under this
    chapter, including a detailed statement of receipts and
    disbursements.''
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General abolished by section 3 of Reorg. Plan
    No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610,
    and functions thereof transferred to Secretary of Health,
    Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966,
    set out as a note under section 202 of this title.  Secretary of
    Health, Education, and Welfare redesignated Secretary of Health and
    Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 202 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20.
 
-MISC5-
       AGENCY REPORTING REQUIREMENTS; REPORT BY SECRETARY OF HEALTH,
       EDUCATION, AND WELFARE TO CONGRESSIONAL COMMITTEES RELATING TO
                      REQUIREMENTS, TERMINATION, ETC.
      Pub. L. 93-641, Sec. 7, Jan. 4, 1975, 88 Stat. 2275, provided
    that by Jan. 4, 1976, the Secretary of Health, Education, and
    Welfare report to specific committees of the Senate and the House
    of Representatives on the identity, due date, etc., of certain
    reports required under the Public Health Service Act, the Mental
    Retardation Facilities and Community Mental Health Centers
    Construction Act of 1963, or the Comprehensive Alcohol Abuse and
    Alcoholism Prevention, Treatment and Rehabilitation Act of 1970.
 
-CITE-
    42 USC Sec. 238i                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238i. Memorials and other acknowledgments for contributions to
        health of Nation
 
-STATUTE-
      The Secretary may provide for suitably acknowledging, within the
    Department (whether by memorials, designations, or other suitable
    acknowledgments), (1) efforts of persons who have contributed
    substantially to the health of the Nation and (2) gifts for use in
    activities of the Department related to health.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 240, formerly title V, Sec.
    512, as added Pub. L. 90-574, title V, Sec. 503(a), Oct. 15, 1968,
    82 Stat. 1012; renumbered title XXI, Sec. 2112, Pub. L. 98-24, Sec.
    2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec.
    2312, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100
    Stat. 3755; renumbered title XXV, Sec. 2510, Pub. L. 100-607, title
    II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063;
    renumbered title XXVI, Sec. 2610, Pub. L. 100-690, title II, Sec.
    2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII,
    Sec. 2710, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18,
    1990, 104 Stat. 576; renumbered title II, Sec. 240, Pub. L. 103-43,
    title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-9 of this title
    prior to renumbering by Pub. L. 103-43, to section 300cc-11 of this
    title prior to renumbering by Pub. L. 100-607, to section 300aa-11
    of this title prior to renumbering by Pub. L. 99-660, and to
    section 229a of this title prior to renumbering by Pub. L. 98-24.
 
-CITE-
    42 USC Sec. 238j                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238j. Evaluation of programs
 
-STATUTE-
    (a) In general
      Such portion as the Secretary shall determine, but not less than
    0.2 percent nor more than 1 percent, of any amounts appropriated
    for programs authorized under this chapter shall be made available
    for the evaluation (directly, or by grants of contracts) of the
    implementation and effectiveness of such programs.
    (b) Report on evaluations
      Not later than February 1 of each year, the Secretary shall
    prepare and submit to the Committee on Labor and Human Resources of
    the Senate and the Committee on Energy and Commerce of the House of
    Representatives a report summarizing the findings of the
    evaluations conducted under subsection (a) of this section.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 241, formerly title V, Sec.
    513, as added Pub. L. 91-296, title IV, Sec. 401(a), June 30, 1970,
    84 Stat. 351; amended Pub. L. 96-398, title VIII, Sec. 804(c), Oct.
    7, 1980, 94 Stat. 1608; Pub. L. 97-35, title IX, Sec. 902(g)(3),
    Aug. 13, 1981, 95 Stat. 560; renumbered title XXI, Sec. 2113, Pub.
    L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered
    title XXIII, Sec. 2313, Pub. L. 99-660, title III, Sec. 311(a),
    Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2511,
    Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102
    Stat. 3062, 3063; renumbered title XXVI, Sec. 2611, Pub. L.
    100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244;
    renumbered title XXVII, Sec. 2711, Pub. L. 101-381, title I, Sec.
    101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II,
    Sec. 241, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10,
    1993, 107 Stat. 213; Pub. L. 103-183, title VII, Sec. 701, Dec. 14,
    1993, 107 Stat. 2239.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-10 of this
    title prior to renumbering by Pub. L. 103-43, to section 300cc-12
    of this title prior to renumbering by Pub. L. 100-607, to section
    300aa-12 of this title prior to renumbering by Pub. L. 99-660, and
    to section 229b of this title prior to renumbering by Pub. L.
    98-24.
 
-MISC3-
                                 AMENDMENTS
      1993 - Pub. L. 103-183 amended section generally.  Prior to
    amendment, section read as follows: ''Such portion as the Secretary
    may determine, but not more than 1 per centum, of any appropriation
    for grants, contracts, or other payments under any provision of
    this chapter, the Mental Health Systems Act, the Act of August 5,
    1954 (Public Law 568, Eighty-third Congress), or the Act of August
    16, 1957 (Public Law 85-151), for any fiscal year beginning after
    June 30, 1970, shall be available for evaluation (directly, or by
    grants or contracts) of any program authorized by this chapter or
    any of such other Acts, and, in the case of allotments from any
    such appropriation, the amount available for allotment shall be
    reduced accordingly.''
      1981 - Pub. L. 97-35 struck out references to Mental Retardation
    Facilities Construction Act and Community Mental Health Centers
    Act.
      1980 - Pub. L. 96-398 inserted reference to Mental Health Systems
    Act.
 
-CHANGE-
                               CHANGE OF NAME
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.
 
-MISC4-
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Section 701 of Pub. L. 103-183 provided that the amendment made
    by that section is effective Oct. 1, 1994.
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    902(h) of Pub. L. 97-35, set out as a note under section 238l of
    this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 299c-5, 300ff-74 of this
    title.
 
-CITE-
    42 USC Sec. 238k                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238k. Contract authority
 
-STATUTE-
      The authority of the Secretary to enter into contracts under this
    chapter shall be effective for any fiscal year only to such extent
    or in such amounts as are provided in advance by appropriation
    Acts.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 242, formerly title V, Sec.
    514, as added Pub. L. 95-623, Sec. 11(e), Nov. 9, 1978, 92 Stat.
    3456; renumbered title XXI, Sec. 2114, Pub. L. 98-24, Sec. 2(a)(1),
    Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2314,
    Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat.
    3755; renumbered title XXV, Sec. 2512, Pub. L. 100-607, title II,
    Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered
    title XXVI, Sec. 2612, Pub. L. 100-690, title II, Sec. 2620(a),
    Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2712,
    Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104
    Stat. 576; renumbered title II, Sec. 242, Pub. L. 103-43, title XX,
    Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 300aaa-11 of this
    title prior to renumbering by Pub. L. 103-43, to section 300cc-13
    of this title prior to renumbering by Pub. L. 100-607, to section
    300aa-13 of this title prior to renumbering by Pub. L. 99-660, and
    to section 229c of this title prior to renumbering by Pub. L.
    98-24.
 
-MISC3-
           OBLIGATIONS RELATED TO AGREEMENT WITH PRIVATE ENTITIES
      Pub. L. 105-277, div.  A, Sec. 101(f) (title II), Oct. 21, 1998,
    112 Stat. 2681-337, 2681-349, provided in part: ''That hereinafter
    obligations may be incurred related to agreement with private
    entities without receipt of advance payment.''
 
-CITE-
    42 USC Sec. 238l                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238l. Recovery
 
-STATUTE-
    (a) Right of United States to recover base amount plus interest
      If any facility with respect to which funds have been paid under
    the Community Mental Health Centers Act (42 U.S.C. 2689 et seq.)
    (as such Act was in effect prior to October 1, 1981) is, at any
    time within twenty years after the completion of remodeling,
    construction, or expansion or after the date of its acquisition -
        (1) sold or transferred to any entity (A) which would not have
      been qualified to file an application under section 222 of such
      Act (42 U.S.C. 2689j) (as such section was in effect prior to
      October 1, 1981) or (B) which is disapproved as a transferee by
      the State mental health agency or by another entity designated by
      the chief executive officer of the State, or
        (2) ceases to be used by a community mental health center in
      the provision of comprehensive mental health services,
    the United States shall be entitled to recover from the transferor,
    transferee, or owner of the facility, the base amount prescribed by
    subsection (c)(1) of this section plus the interest (if any)
    prescribed by subsection (c)(2) of this section.
    (b) Notice of sale, transfer, or change
      The transferor and transferee of a facility that is sold or
    transferred as described in subsection (a)(1) of this section, or
    the owner of a facility the use of which changes as described in
    subsection (a)(2) of this section, shall provide the Secretary
    written notice of such sale, transfer, or change within 10 days
    after the date on which such sale, transfer, or cessation of use
    occurs or within 30 days after October 22, 1985, whichever is
    later.
    (c) Base amount; interest
      (1) The base amount that the United States is entitled to recover
    under subsection (a) of this section is the amount bearing the same
    ratio to the then value (as determined by the agreement of the
    parties or in an action brought in the district court of the United
    States for the district in which the facility is situated) of so
    much of the facility as constituted an approved project or projects
    as the amount of the Federal participation bore to the cost of the
    remodeling, construction, expansion, or acquisition of the project
    or projects.
      (2)(A) The interest that the United States is entitled to recover
    under subsection (a) of this section is the interest for the period
    (if any) described in subparagraph (B) at a rate (determined by the
    Secretary) based on the average of the bond equivalent rates of
    ninety-one-day Treasury bills auctioned during that period.
      (B) The period referred to in subparagraph (A) is the period
    beginning -
        (i) if notice is provided as prescribed by subsection (b) of
      this section, 191 days after the date on which such sale,
      transfer, or cessation of use occurs, or
        (ii) if notice is not provided as prescribed by subsection (b)
      of this section, 11 days after such sale, transfer, or cessation
      of use occurs,
    and ending on the date the amount the United States is entitled to
    recover is collected.
    (d) Waiver of recovery rights
      The Secretary may waive the recovery rights of the United States
    under subsection (a) of this section with respect to a facility
    (under such conditions as the Secretary may establish by
    regulation) if the Secretary determines that there is good cause
    for waiving such rights.
    (e) Pre-judgment lien
      The right of recovery of the United States under subsection (a)
    of this section shall not, prior to judgment, constitute a lien on
    any facility.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 243, formerly title V, Sec.
    515, formerly Pub. L. 88-164, title II, Sec. 225, as added Pub. L.
    94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 326; amended
    Pub. L. 95-622, title I, Sec. 110(c), Nov. 9, 1978, 92 Stat. 3420;
    renumbered title V, Sec. 515, and amended Pub. L. 97-35, title IX,
    Sec. 902(e)(2)(A), Aug. 13, 1981, 95 Stat. 560; renumbered title
    XXI, Sec. 2115, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97
    Stat. 176; Pub. L. 99-129, title II, Sec. 226(a), Oct. 22, 1985, 99
    Stat. 546; renumbered title XXIII, Sec. 2315, Pub. L. 99-660, title
    III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title
    XXV, Sec. 2513, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov.
    4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2613,
    Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat.
    4244; renumbered title XXVII, Sec. 2713, Pub. L. 101-381, title I,
    Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; Pub. L. 102-229,
    title II, Sec. 208, Dec. 12, 1991, 105 Stat. 1716; Pub. L. 102-239,
    Sec. 1, Dec. 17, 1991, 105 Stat. 1912; renumbered title II, Sec.
    243, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993,
    107 Stat. 213.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Community Mental Health Centers Act, referred to in subsec.
    (a), is title II of Pub. L. 88-164, as added by Pub. L. 94-63,
    title III, Sec. 303, July 29, 1975, 89 Stat. 309, and amended,
    which was classified principally to subchapter III (Sec. 2689 et
    seq.) of chapter 33 of this title prior to its repeal by Pub. L.
    97-35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560.
    Section 222 of the Community Mental Health Centers Act was
    classified to section 2689j of this title prior to its repeal.
 
-COD-
                                CODIFICATION
      Section was classified to section 300aaa-12 of this title prior
    to renumbering by Pub. L. 103-43, to section 300cc-14 of this title
    prior to renumbering by Pub. L. 100-607, to section 300aa-14 of
    this title prior to renumbering by Pub. L. 99-660, to section 229d
    of this title prior to renumbering by Pub. L. 98-24, and to section
    2689m of this title prior to renumbering by Pub. L. 97-35.
 
-MISC3-
                                 AMENDMENTS
      1991 - Subsec. (d). Pub. L. 102-229 and Pub. L. 102-239 amended
    subsec. (d) identically, substituting ''subsection (a)'' for
    ''subsection (a)(2)''.
      1985 - Pub. L. 99-129 amended section generally.  Prior to
    amendment, section read as follows: ''If any facility of a
    community mental health center acquired, remodeled, constructed, or
    expanded with funds provided under the Community Mental Health
    Centers Act is, at any time within twenty years after the
    completion of such remodeling, construction, or expansion or after
    the date of its acquisition with such funds -
        ''(1) sold or transferred to any person or entity (A) which is
      not qualified to file an application under section 222 of the
      Community Mental Health Centers Act, or (B) which is not approved
      as a transferee by the State agency of the State in which such
      facility is located, or its successor; or
        ''(2) not used by a community mental health center in the
      provision of comprehensive mental health services, and the
      Secretary has not determined that there is good cause for
      termination of such use,
    the United States shall be entitled to recover from either the
    transferor or the transferee in the case of a sale or transfer or
    from the owner in the case of termination of use an amount bearing
    the same ratio to the then value (as determined by the agreement of
    the parties or by action brought in the United States district
    court for the district in which the center is situated) of so much
    of such facility or center as constituted an approved project or
    projects, as the amount of the Federal participation bore to the
    acquisition, remodeling, construction, or expansion cost of such
    project or projects.  Such right of recovery shall not constitute a
    lien upon such facility or center prior to judgment.''
      1981 - Pub. L. 97-35 substituted ''the Community Mental Health
    Centers Act'' for ''this subchapter'' and ''section 222 of the
    Community Mental Health Centers Act'' for ''section 2689j of this
    title''.
      1978 - Pub. L. 95-622 substituted ''this subchapter'' for ''this
    part''.
                      EFFECTIVE DATE OF 1985 AMENDMENT
      Section 226(b) of Pub. L. 99-129 provided that: ''In the case of
    any facility that was or is constructed, remodeled, expanded, or
    acquired on or before the date of enactment of this Act (Oct. 22,
    1985) or within 180 days after the date of enactment of this Act,
    the period described in clause (i) or (ii), as the case may be, of
    section 2115(c)(2)(B) (now 243(c)(2)(B)) of the Public Health
    Service Act (subsec. (c)(2)(B)(i), (ii) of this section) (as
    amended by subsection (a) of this section) shall begin no earlier
    than 181 days after the date of enactment of this Act.''
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Section 902(h) of Pub. L. 97-35 provided that: ''The amendments
    made by this section (amending this section and sections 201, 225a
    (now 238d), 229b (now 238j), 243, 246, 289k-1, 300d-4, 300d-6,
    300l-2, 300m, 300m-3, 9412, and 9511 of this title, repealing
    sections 247b-1, 247b-2, 255, 300d to 300d-3, 300d-5, 300d-7 to
    300d-9, 300d-21, 2689 to 2689l, 2689n to 2689p, 2689r to 2689aa,
    9411, 9421 to 9423, 9431 to 9438, 9451, 9452, 9461 to 9465, 9471 to
    9473, 9481, 9491 to 9493, 9502, 9512, 9521, and 9523 of this title,
    repealing provisions set out as notes under sections 246 and 2689
    of this title, and transferring section 2689m to section 229d (now
    238l) of this title) shall take effect October 1, 1981.''
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Section 110(c) of Pub. L. 95-622 provided that the amendment made
    by that section is effective July 29, 1975.
                               EFFECTIVE DATE
      Section effective July 1, 1975, see section 608 of Pub. L. 94-63,
    set out as an Effective Date of 1975 Amendment note under section
    247b of this title.
     OTHER LEGAL RIGHTS OF UNITED STATES NOT ADVERSELY AFFECTED BY 1985
                                 AMENDMENT
      Section 226(c) of Pub. L. 99-129 provided that: ''The amendments
    made by subsection (a) of this section (amending this section)
    shall not adversely affect other legal rights of the United
    States.''
 
-CITE-
    42 USC Sec. 238m                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238m. Use of fiscal agents
 
-STATUTE-
    (a) Contracting authority
      The Secretary may enter into contracts with fiscal agents -
        (1)(A) to determine the amounts payable to persons who, on
      behalf of the Indian Health Service, furnish health services to
      eligible Indians,
        (B) to determine the amounts payable to persons who, on behalf
      of the Public Health Service, furnish health services to
      individuals pursuant to section 247d or 249 of this title,
        (2) to receive, disburse, and account for funds in making
      payments described in paragraph (1),
        (3) to make such audits of records as may be necessary to
      assure that these payments are proper, and
        (4) to perform such additional functions as may be necessary to
      carry out the functions described in paragraphs (1) through (3).
    (b) Contracting prerequisites
      (1) Contracts under subsection (a) of this section may be entered
    into without regard to section 5 of title 41 or any other provision
    of law requiring competition.
      (2) No such contract shall be entered into with an entity unless
    the Secretary finds that the entity will perform its obligations
    under the contract efficiently and effectively and will meet such
    requirements as to financial responsibility, legal authority, and
    other matters as he finds pertinent.
    (c) Advances under contracts
      A contract under subsection (a) of this section may provide for
    advances of funds to enable entities to make payments under the
    contract.
    (d) Applicable statutory provisions
      Subsections (d) and (e) of section 1395u of this title shall
    apply to contracts with entities under subsection (a) of this
    section in the same manner as they apply to contracts with carriers
    under that section.
    (e) ''Fiscal agent'' defined
      In this section, the term ''fiscal agent'' means a carrier
    described in section 1395u(f)(1) of this title and includes, with
    respect to contracts under subsection (a)(1)(A) of this section, an
    Indian tribe or tribal organization acting under contract with the
    Secretary under the Indian Self-Determination Act (Public Law
    93-638) (25 U.S.C. 450f et seq.).
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 244, formerly title XXI,
    Sec. 2116, as added Pub. L. 99-272, title XVII, Sec. 17003, Apr. 7,
    1986, 100 Stat. 359; renumbered title XXIII, Sec. 2316, Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;
    renumbered title XXV, Sec. 2514, Pub. L. 100-607, title II, Sec.
    201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title
    XXVI, Sec. 2614, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18,
    1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2714, Pub. L.
    101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576;
    renumbered title II, Sec. 244, Pub. L. 103-43, title XX, Sec.
    2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Indian Self-Determination Act, referred to in subsec. (e), is
    title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
    which is classified principally to part A (Sec. 450f et seq.) of
    subchapter II of chapter 14 of Title 25, Indians. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 450 of Title 25 and Tables.
 
-COD-
                                CODIFICATION
      Section was classified to section 300aaa-13 of this title prior
    to renumbering by Pub. L. 103-43, to section 300cc-15 of this title
    prior to renumbering by Pub. L. 100-607, and to section 300aa-15 of
    this title prior to renumbering by Pub. L. 99-660.
 
-CITE-
    42 USC Sec. 238n                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238n. Abortion-related discrimination in governmental
        activities regarding training and licensing of physicians
 
-STATUTE-
    (a) In general
      The Federal Government, and any State or local government that
    receives Federal financial assistance, may not subject any health
    care entity to discrimination on the basis that -
        (1) the entity refuses to undergo training in the performance
      of induced abortions, to require or provide such training, to
      perform such abortions, or to provide referrals for such training
      or such abortions;
        (2) the entity refuses to make arrangements for any of the
      activities specified in paragraph (1); or
        (3) the entity attends (or attended) a post-graduate physician
      training program, or any other program of training in the health
      professions, that does not (or did not) perform induced abortions
      or require, provide or refer for training in the performance of
      induced abortions, or make arrangements for the provision of such
      training.
    (b) Accreditation of postgraduate physician training programs
      (1) In general
        In determining whether to grant a legal status to a health care
      entity (including a license or certificate), or to provide such
      entity with financial assistance, services or other benefits, the
      Federal Government, or any State or local government that
      receives Federal financial assistance, shall deem accredited any
      postgraduate physician training program that would be accredited
      but for the accrediting agency's reliance upon an accreditation
      standards (FOOTNOTE 1) that requires an entity to perform an
      induced abortion or require, provide, or refer for training in
      the performance of induced abortions, or make arrangements for
      such training, regardless of whether such standard provides
      exceptions or exemptions.  The government involved shall
      formulate such regulations or other mechanisms, or enter into
      such agreements with accrediting agencies, as are necessary to
      comply with this subsection.
       (FOOTNOTE 1) So in original.  Probably should be ''standard''.
      (2) Rules of construction
        (A) In general
          With respect to subclauses (I) and (II) of section
        292d(a)(2)(B)(i) of this title (relating to a program of
        insured loans for training in the health professions), the
        requirements in such subclauses regarding accredited internship
        or residency programs are subject to paragraph (1) of this
        subsection.
        (B) Exceptions
          This section shall not -
            (i) prevent any health care entity from voluntarily
          electing to be trained, to train, or to arrange for training
          in the performance of, to perform, or to make referrals for
          induced abortions; or
            (ii) prevent an accrediting agency or a Federal, State or
          local government from establishing standards of medical
          competency applicable only to those individuals who have
          voluntarily elected to perform abortions.
    (c) Definitions
      For purposes of this section:
        (1) The term ''financial assistance'', with respect to a
      government program, includes governmental payments provided as
      reimbursement for carrying out health-related activities.
        (2) The term ''health care entity'' includes an individual
      physician, a postgraduate physician training program, and a
      participant in a program of training in the health professions.
        (3) The term ''postgraduate physician training program''
      includes a residency training program.
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 245, as added Pub. L.
    104-134, title I, Sec. 101(d) (title V, Sec. 515), Apr. 26, 1996,
    110 Stat. 1321-211, 1321-245; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.)
 
-CITE-
    42 USC Sec. 238o                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238o. Restriction on use of funds for assisted suicide,
        euthanasia, and mercy killing
 
-STATUTE-
      Appropriations for carrying out the purposes of this chapter
    shall not be used in a manner inconsistent with the Assisted
    Suicide Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.).
 
-SOURCE-
    (July 1, 1944, ch. 373, title II, Sec. 246, as added Pub. L.
    105-12, Sec. 9(e), Apr. 30, 1997, 111 Stat. 27.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Assisted Suicide Funding Restriction Act of 1997, referred to
    in text, is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23, which is
    classified principally to chapter 138 (Sec. 14401 et seq.) of this
    title.  For complete classification of this Act to the Code, see
    Short Title note set out under section 14401 of this title and
    Tables.
 
-MISC2-
                               EFFECTIVE DATE
      Section effective Apr. 30, 1997, and applicable to Federal
    payments made pursuant to obligations incurred after Apr. 30, 1997,
    for items and services provided on or after such date, subject to
    also being applicable with respect to contracts entered into,
    renewed, or extended after Apr. 30, 1997, as well as contracts
    entered into before Apr. 30, 1997, to the extent permitted under
    such contracts, see section 11 of Pub. L. 105-12, set out as a note
    under section 14401 of this title.
 
-CITE-
    42 USC SUBCHAPTER II - GENERAL POWERS AND DUTIES             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    .
 
-HEAD-
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
 
-SECREF-
                  SUBCHAPTER REFERRED TO IN OTHER SECTIONS
      This subchapter is referred to in title 8 section 1613.
 
-CITE-
    42 USC Part A - Research and Investigations                  01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
    .
 
-HEAD-
    Part A - Research and Investigations
 
-CITE-
    42 USC Sec. 241                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 241. Research and investigations generally
 
-STATUTE-
    (a) Authority of Secretary
      The Secretary shall conduct in the Service, and encourage,
    cooperate with, and render assistance to other appropriate public
    authorities, scientific institutions, and scientists in the conduct
    of, and promote the coordination of, research, investigations,
    experiments, demonstrations, and studies relating to the causes,
    diagnosis, treatment, control, and prevention of physical and
    mental diseases and impairments of man, including water
    purification, sewage treatment, and pollution of lakes and
    streams.  In carrying out the foregoing the Secretary is authorized
    to -
        (1) collect and make available through publications and other
      appropriate means, information as to, and the practical
      application of, such research and other activities;
        (2) make available research facilities of the Service to
      appropriate public authorities, and to health officials and
      scientists engaged in special study;
        (3) make grants-in-aid to universities, hospitals,
      laboratories, and other public or private institutions, and to
      individuals for such research projects as are recommended by the
      advisory council to the entity of the Department supporting such
      projects and make, upon recommendation of the advisory council to
      the appropriate entity of the Department, grants-in-aid to public
      or nonprofit universities, hospitals, laboratories, and other
      institutions for the general support of their research;
        (4) secure from time to time and for such periods as he deems
      advisable, the assistance and advice of experts, scholars, and
      consultants from the United States or abroad;
        (5) for purposes of study, admit and treat at institutions,
      hospitals, and stations of the Service, persons not otherwise
      eligible for such treatment;
        (6) make available, to health officials, scientists, and
      appropriate public and other nonprofit institutions and
      organizations, technical advice and assistance on the application
      of statistical methods to experiments, studies, and surveys in
      health and medical fields;
        (7) enter into contracts, including contracts for research in
      accordance with and subject to the provisions of law applicable
      to contracts entered into by the military departments under
      sections 2353 and 2354 of title 10, except that determination,
      approval, and certification required thereby shall be by the
      Secretary of Health and Human Services; and
        (8) adopt, upon recommendations of the advisory councils to the
      appropriate entities of the Department or, with respect to mental
      health, the National Advisory Mental Health Council, such
      additional means as the Secretary considers necessary or
      appropriate to carry out the purposes of this section.
    The Secretary may make available to individuals and entities, for
    biomedical and behavioral research, substances and living
    organisms.  Such substances and organisms shall be made available
    under such terms and conditions (including payment for them) as the
    Secretary determines appropriate.
    (b) Testing for carcinogenicity, teratogenicity, mutagenicity, and
        other harmful biological effects; consultation
      (1) The Secretary shall conduct and may support through grants
    and contracts studies and testing of substances for
    carcinogenicity, teratogenicity, mutagenicity, and other harmful
    biological effects.  In carrying out this paragraph, the Secretary
    shall consult with entities of the Federal Government, outside of
    the Department of Health and Human Services, engaged in comparable
    activities.  The Secretary, upon request of such an entity and
    under appropriate arrangements for the payment of expenses, may
    conduct for such entity studies and testing of substances for
    carcinogenicity, teratogenicity, mutagenicity, and other harmful
    biological effects.
      (2)(A) The Secretary shall establish a comprehensive program of
    research into the biological effects of low-level ionizing
    radiation under which program the Secretary shall conduct such
    research and may support such research by others through grants and
    contracts.
      (B) The Secretary shall conduct a comprehensive review of Federal
    programs of research on the biological effects of ionizing
    radiation.
      (3) The Secretary shall conduct and may support through grants
    and contracts research and studies on human nutrition, with
    particular emphasis on the role of nutrition in the prevention and
    treatment of disease and on the maintenance and promotion of
    health, and programs for the dissemination of information
    respecting human nutrition to health professionals and the public.
    In carrying out activities under this paragraph, the Secretary
    shall provide for the coordination of such of these activities as
    are performed by the different divisions within the Department of
    Health and Human Services and shall consult with entities of the
    Federal Government, outside of the Department of Health and Human
    Services, engaged in comparable activities.  The Secretary, upon
    request of such an entity and under appropriate arrangements for
    the payment of expenses, may conduct and support such activities
    for such entity.
      (4) The Secretary shall publish a biennial report which contains
    -
        (A) a list of all substances (i) which either are known to be
      carcinogens or may reasonably be anticipated to be carcinogens
      and (ii) to which a significant number of persons residing in the
      United States are exposed;
        (B) information concerning the nature of such exposure and the
      estimated number of persons exposed to such substances;
        (C) a statement identifying (i) each substance contained in the
      list under subparagraph (A) for which no effluent, ambient, or
      exposure standard has been established by a Federal agency, and
      (ii) for each effluent, ambient, or exposure standard established
      by a Federal agency with respect to a substance contained in the
      list under subparagraph (A), the extent to which, on the basis of
      available medical, scientific, or other data, such standard, and
      the implementation of such standard by the agency, decreases the
      risk to public health from exposure to the substance; and
        (D) a description of (i) each request received during the year
      involved -
          (I) from a Federal agency outside the Department of Health
        and Human Services for the Secretary, or
          (II) from an entity within the Department of Health and Human
        Services to any other entity within the Department,
      to conduct research into, or testing for, the carcinogenicity of
      substances or to provide information described in clause (ii) of
      subparagraph (C), and (ii) how the Secretary and each such other
      entity, respectively, have responded to each such request.
      (5) The authority of the Secretary to enter into any contract for
    the conduct of any study, testing, program, research, or review, or
    assessment under this subsection shall be effective for any fiscal
    year only to such extent or in such amounts as are provided in
    advance in appropriation Acts.
    (c) Diseases not significantly occurring in United States
      The Secretary may conduct biomedical research, directly or
    through grants or contracts, for the identification, control,
    treatment, and prevention of diseases (including tropical diseases)
    which do not occur to a significant extent in the United States.
    (d) Protection of privacy of individuals who are research subjects
      The Secretary may authorize persons engaged in biomedical,
    behavioral, clinical, or other research (including research on
    mental health, including research on the use and effect of alcohol
    and other psychoactive drugs) to protect the privacy of individuals
    who are the subject of such research by withholding from all
    persons not connected with the conduct of such research the names
    or other identifying characteristics of such individuals.  Persons
    so authorized to protect the privacy of such individuals may not be
    compelled in any Federal, State, or local civil, criminal,
    administrative, legislative, or other proceedings to identify such
    individuals.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 301, 58 Stat. 691; July 3,
    1946, ch. 538, Sec. 7(a), (b), 60 Stat. 423; June 16, 1948, ch.
    481, Sec. 4(e), (f), 62 Stat. 467; June 24, 1948, ch. 621, Sec.
    4(e), (f), 62 Stat. 601; June 25, 1948, ch. 654, Sec. 1, 62 Stat.
    1017; July 3, 1956, ch. 510, Sec. 4, 70 Stat. 490; Pub. L. 86-798,
    Sept. 15, 1960, 74 Stat. 1053; Pub. L. 87-838, Sec. 2, Oct. 17,
    1962, 76 Stat. 1073; Pub. L. 89-115, Sec. 3, Aug. 9, 1965, 79 Stat.
    448; Pub. L. 90-174, Sec. 9, Dec. 5, 1967, 81 Stat. 540; Pub. L.
    91-513, title I, Sec. 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L.
    91-515, title II, Sec. 292, Oct. 30, 1970, 84 Stat. 1308; Pub. L.
    92-218, Sec. 6(a)(2), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-423,
    Sec. 7(b), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-282, title I,
    Sec. 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93-348, title I,
    Sec. 104(a)(1), July 12, 1974, 88 Stat. 346; Pub. L. 93-352, title
    I, Sec. 111, July 23, 1974, 88 Stat. 360; Pub. L. 94-278, title I,
    Sec. 111, Apr. 22, 1976, 90 Stat. 405; Pub. L. 95-622, title II,
    Sec. 261, 262, Nov. 9, 1978, 92 Stat. 3434; Pub. L. 96-88, title V,
    Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 99-158, Sec.
    3(a)(5), Nov. 20, 1985, 99 Stat. 879; Pub. L. 99-570, title IV,
    Sec. 4021(b)(2), Oct. 27, 1986, 100 Stat. 3207-124; Pub. L. 99-660,
    title I, Sec. 104, Nov. 14, 1986, 100 Stat. 3751; Pub. L. 100-607,
    title I, Sec. 163(1), (2), Nov. 4, 1988, 102 Stat. 3062; Pub. L.
    103-43, title XX, Sec. 2009, June 10, 1993, 107 Stat. 213.)
 
-MISC1-
                                 AMENDMENTS
      1993 - Subsec. (b)(4). Pub. L. 103-43 substituted ''a biennial
    report'' for ''an annual report'' in introductory provisions.
      1988 - Subsec. (d). Pub. L. 100-607 redesignated concluding
    provisions of subsec. (a) of section 242a of this title as subsec.
    (d) of this section, substituted ''biomedical, behavioral,
    clinical, or other research (including research on mental health,
    including'' for ''research on mental health, including'', and
    substituted ''drugs)'' for ''drugs,''.
      1986 - Subsec. (a)(3). Pub. L. 99-570 struck out ''or, in the
    case of mental health projects, by the National Advisory Mental
    Health Council;'' after ''Department supporting such projects'' and
    struck out ''or the National Advisory Mental Health Council'' after
    ''appropriate entity of the Department''.
      Subsec. (c). Pub. L. 99-660 added subsec. (c).
      1985 - Subsec. (a)(3). Pub. L. 99-158, Sec. 3(a)(5)(A),
    substituted ''as are recommended by the advisory council to the
    entity of the Department supporting such projects or, in the case
    of mental health projects, by the National Advisory Mental Health
    Council; and make, upon recommendation of the advisory council to
    the appropriate entity of the Department or the National Advisory
    Mental Health Council, grants-in-aid to public or nonprofit
    universities, hospitals, laboratories, and other institutions for
    the general support of their research'' for ''as are recommended by
    the National Advisory Health Council, or, with respect to cancer,
    recommended by the National Cancer Advisory Board, or, with respect
    to mental health, recommended by the National Advisory Mental
    Health Council, or with respect to heart, blood vessel, lung, and
    blood diseases and blood resources, recommended by the National
    Heart, Lung, and Blood Advisory Council, or, with respect to dental
    diseases and conditions, recommended by the National Advisory
    Dental Research Council; and include in the grants for any such
    project grants of penicillin and other antibiotic compounds for use
    in such project; and make, upon recommendation of the National
    Advisory Health Council, grants-in-aid to public or nonprofit
    universities, hospitals, laboratories, and other institutions for
    the general support of their research: Provided, That such uniform
    percentage, not to exceed 15 per centum, as the Secretary may
    determine, of the amounts provided for grants for research projects
    for any fiscal year through the appropriations for the National
    Institutes of Health may be transferred from such appropriations to
    a separate account to be available for such research grants-in-aid
    for such fiscal year''.
      Subsec. (a)(8). Pub. L. 99-158, Sec. 3(a)(5)(B), substituted
    ''recommendations of the advisory councils to the appropriate
    entities of the Department or, with respect to mental health, the
    National Advisory Mental Health Council, such additional means as
    the Secretary considers'' for ''recommendation of the National
    Advisory Health Council, or, with respect to cancer, upon
    recommendation of the National Cancer Advisory Board, or, with
    respect to mental health, upon recommendation of the National
    Advisory Mental Health Council, or, with respect to heart, blood
    vessel, lung, and blood diseases and blood resources, upon
    recommendation of the National Heart, Lung and Blood Advisory
    Council, or, with respect to dental diseases and conditions, upon
    recommendations of the National Advisory Dental Research Council,
    such additional means as he deems''.
      1978 - Pub. L. 95-622 designated existing provisions as subsec.
    (a), redesignated former pars. (a) to (h) as (1) to (8),
    respectively, substituted ''Secretary'' for ''Surgeon General''
    wherever appearing, and inserted following par. (8) provisions
    relating to authority of Secretary to make available to individuals
    and entities substances and living organisms, and added subsec.
    (b).
      1976 - Subsecs. (c), (h). Pub. L. 94-278 substituted ''heart,
    blood vessel, lung, and blood diseases and blood resources'' for
    ''heart diseases'' and ''National Heart, Lung and Blood Advisory
    Council'' for ''National Heart and Lung Advisory Council''.
      1974 - Subsec. (c). Pub. L. 93-348, Sec. 104(a)(1), redesignated
    subsec. (d) as (c) and substituted ''research projects'' for
    ''research or research training projects'' in two places, ''general
    support of their research'' for ''general support of their research
    and research training programs'' and ''research grants-in-aid'' for
    ''research and research training program grants-in-aid''.  Former
    subsec. (c), authorizing Surgeon General to establish and maintain
    research fellowships in the Public Health Service with such
    stipends and allowances, including traveling and subsistence
    expenses, as he may deem necessary to procure the assistance of the
    most brilliant and promising research fellows from the United
    States and abroad, was struck out.
      Subsec. (d). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated
    subsec. (e) as (d).
      Pub. L. 93-282 substituted ''mental health, including research on
    the use and effect of alcohol and other psychoactive drugs'' for
    ''the use and effect of drugs'' in former concluding provisions of
    section 242a(a) of this title.  See 1988 Amendment note above.
      Subsecs. (e), (f). Pub. L. 93-348, Sec. 104(a)(1)(C),
    redesignated subsecs. (f) and (g) as (e) and (f), respectively.
    Former subsec. (e) redesignated (d).
      Subsec. (g). Pub. L. 93-352 struck out ''during the fiscal year
    ending June 30, 1966, and each of the eight succeeding fiscal
    years'' after ''Enter into contracts''.  Notwithstanding directory
    language that amendment be made to subsec. (h), the amendment was
    executed to subsec. (g) to reflect the probable intent of Congress
    and the intervening redesignation of subsec. (h) as (g) by Pub. L.
    93-348.
      Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsec. (h) as
    (g). Former subsec. (g) redesignated (f).
      Subsecs. (h), (i). Pub. L. 93-348, Sec. 104(a)(1)(C),
    redesignated subsecs. (h) and (i) as (g) and (h), respectively.
      1972 - Subsecs. (d), (i). Pub. L. 92-423 substituted ''National
    Heart and Lung Advisory Council'' for ''National Advisory Heart
    Council''.
      1971 - Subsecs. (d), (i). Pub. L. 92-218 substituted ''National
    Cancer Advisory Board'' for ''National Advisory Cancer Council''.
      1970 - Subsec. (d). Pub. L. 91-513 added subsec. (d). See 1988
    Amendment note above.
      Subsec. (h). Pub. L. 91-515 substituted ''eight'' for ''five''
    succeeding fiscal years.
      1967 - Subsec. (h). Pub. L. 90-174 substituted ''five'' for
    ''two'' succeeding fiscal years.
      1965 - Subsecs. (h), (i). Pub. L. 89-115 added subsec. (h) and
    redesignated former subsec. (h) as (i).
      1962 - Subsec. (d). Pub. L. 87-838 inserted ''or research
    training'' in two places.
      1960 - Subsec. (d). Pub. L. 86-798 authorized the Surgeon
    General, upon recommendation of the National Advisory Health
    Council, to make grants to public or non-profit universities,
    hospitals, laboratories, and other institutions to support research
    and research training programs, and to make available for such
    research and research training programs, up to 15 per centum of
    amounts provided for research grants through the appropriations for
    the National Institutes of Health.
      1956 - Subsecs. (g), (h). Act July 3, 1956, added subsec. (g) and
    redesignated former subsec. (g) as (h).
      1948 - Subsec. (d). Acts June 16, 1948, Sec. 4(e), and June 24,
    1948, Sec. 4(e), made provisions applicable to the National
    Advisory Heart Council and the National Advisory Dental Research
    Council, respectively.
      Subsec. (d). Act June 25, 1948, continued in basic legislation
    the authority to purchase penicillin and other antibiotic compounds
    for use in research projects.
      Subsec. (g). Acts June 16, 1948, Sec. 4(f), and June 24, 1948,
    Sec. 4(f), made provisions applicable to the National Advisory
    Heart Council and the National Advisory Dental Research Council,
    respectively.
      1946 - Subsec. (d). Act July 3, 1946, made the National Advisory
    Mental Health Council the body to make recommendations to the
    Surgeon General on awarding of grants-in-aid for research projects
    with respect to mental health.
      Subsec. (g). Act July 3, 1946, gave National Advisory Health
    Council the right to make recommendations to carry out purposes of
    this section.
 
-CHANGE-
                               CHANGE OF NAME
      ''Secretary of Health and Human Services'' substituted for
    ''Secretary of Health, Education, and Welfare'' in subsec. (a)(7),
    and ''Department of Health and Human Services'' substituted for
    ''Department of Health, Education, and Welfare'' in subsec. (b)(1),
    (3), and (4)(D)(I), (II), pursuant to section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
 
-MISC4-
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Sections 261 and 262 of Pub. L. 95-622 provided that the
    amendments made by those sections are effective Oct. 1, 1978.
                      EFFECTIVE DATE OF 1974 AMENDMENT
      Section 104(b) of Pub. L. 93-348 provided that: ''The amendments
    made by subsection (a) (amending this section and sections 242a,
    282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k,
    and heading preceding section 289l of this title) shall not apply
    with respect to commitments made before the date of the enactment
    of this Act (July 12, 1974) by the Secretary of Health, Education,
    and Welfare for research training under the provisions of the
    Public Health Service Act amended or repealed by subsection (a).''
                      EFFECTIVE DATE OF 1972 AMENDMENT
      Amendment by Pub. L. 92-423 effective 60 days after Sept. 19,
    1972, or on such prior date after Sept. 19, 1972, as the President
    shall prescribe and publish in the Federal Register, see section 9
    of Pub. L. 92-423, set out as a note under section 218 of this
    title.
                      EFFECTIVE DATE OF 1971 AMENDMENT
      Amendment by Pub. L. 92-218 effective 60 days after Dec. 23,
    1971, or on such prior date after Dec. 23, 1971, as the President
    shall prescribe and publish in the Federal Register, see section 7
    of Pub. L. 92-218, set out as a note under section 218 of this
    title.
                         FEMALE GENITAL MUTILATION
      Pub. L. 104-134, title I, Sec. 101(d) (title V, Sec. 520), Apr.
    26, 1996, 110 Stat. 1321-211, 1321-250; renumbered title I, Pub. L.
    104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that:
      ''(a) Congress finds that -
        ''(1) the practice of female genital mutilation is carried out
      by members of certain cultural and religious groups within the
      United States; and
        ''(2) the practice of female genital mutilation often results
      in the occurrence of physical and psychological health effects
      that harm the women involved.
      ''(b) The Secretary of Health and Human Services shall do the
    following:
        ''(1) Compile data on the number of females living in the
      United States who have been subjected to female genital
      mutilation (whether in the United States or in their countries of
      origin), including a specification of the number of girls under
      the age of 18 who have been subjected to such mutilation.
        ''(2) Identify communities in the United States that practice
      female genital mutilation, and design and carry out outreach
      activities to educate individuals in the communities on the
      physical and psychological health effects of such practice.  Such
      outreach activities shall be designed and implemented in
      collaboration with representatives of the ethnic groups
      practicing such mutilation and with representatives of
      organizations with expertise in preventing such practice.
        ''(3) Develop recommendations for the education of students of
      schools of medicine and osteopathic medicine regarding female
      genital mutilation and complications arising from such
      mutilation.  Such recommendations shall be disseminated to such
      schools.
      ''(c) For purposes of this section the term 'female genital
    mutilation' means the removal or infibulation (or both) of the
    whole or part of the clitoris, the labia minor, or the labia major.
      ''(d) The Secretary of Health and Human Services shall commence
    carrying out this section not later than 90 days after the date of
    enactment of this Act (Apr. 26, 1996).''
                       SENTINEL DISEASE CONCEPT STUDY
      Section 1910 of Pub. L. 103-43 directed Secretary of Health and
    Human Services, in cooperation with Agency for Toxic Substances and
    Disease Registry and Centers for Disease Control and Prevention, to
    design and implement a pilot sentinel disease surveillance system
    for identifying relationship between occupation of household
    members and incidence of subsequent conditions or diseases in other
    members of household, and required Director of the National
    Institutes of Health to prepare and submit to Congress, not later
    than 4 years after June 10, 1993, a report concerning this project.
             STUDY OF THYROID MORBIDITY FOR HANFORD, WASHINGTON
      Section 161 of Pub. L. 100-607, as amended by Pub. L. 102-531,
    title III, Sec. 312(e)(1), Oct. 27, 1992, 106 Stat. 3506, directed
    Secretary of Health and Human Services, acting through Director of
    Centers for Disease Control and Prevention, to conduct a study of
    thyroid morbidity of the population, including Indian tribes and
    tribal organizations, in vicinity of Hanford, in State of
    Washington, authorized Director to contract out portions of study,
    and required Director, not later than 42 months after Nov. 4, 1988,
    to transmit a report, including such study, to Congress, chief
    executive officers of States of Oregon and Washington, and
    governing officials of Indian tribes in vicinity of Hanford,
    Washington.
              NATIONAL COMMISSION ON SLEEP DISORDERS RESEARCH
      Section 162 of Pub. L. 100-607 directed Secretary of Health and
    Human Services, after consultation with Director of National
    Institutes of Health, to establish a National Commission on Sleep
    Disorders Research to conduct a comprehensive study of present
    state of knowledge of incidence, prevalence, morbidity, and
    mortality resulting from sleep disorders, and of social and
    economic impact of such disorders, evaluate public and private
    facilities and resources (including trained personnel and research
    activities) available for diagnosis, prevention, and treatment of,
    and research into, such disorders, and identify programs (including
    biological, physiological, behavioral, environmental, and social
    programs) by which improvement in management and research into
    sleep disorders could be accomplished and, not later than 18 months
    after initial meeting of Commission, to submit to appropriate
    Committees of Congress a final report, and provided for termination
    of the Commission 30 days after submission of final report.
           RESEARCH WITH RESPECT TO HEALTH RESOURCES AND SERVICES
                               ADMINISTRATION
      Section 632 of Pub. L. 100-607 provided that with respect to any
    program of research pursuant to this chapter, any such program
    carried out in fiscal year 1987 by an agency other than Health
    Resources and Services Administration (or appropriate to be carried
    out by such an agency) could not, for each of fiscal years 1989
    through 1991, be carried out by such Administration.
        CONTINUING CARE FOR PSYCHIATRIC PATIENTS IN FORMER CLINICAL
            RESEARCH CENTER AT NATIONAL INSTITUTE ON DRUG ABUSE
      Pub. L. 99-117, Sec. 10, Oct. 7, 1985, 99 Stat. 494, provided
    that: ''In any fiscal year beginning after September 30, 1981, from
    funds appropriated for carrying out section 301 of the Public
    Health Service Act (this section) with respect to mental health,
    the Secretary of Health and Human Services may provide, by contract
    or otherwise, for the continuing care of psychiatric patients who
    were under active and continuous treatment at the National
    Institute on Drug Abuse Clinical Research Center on the date such
    Clinical Research Center ceased operations.''
          ANALYSIS OF THYROID CANCER; CREATION AND PUBLICATION OF
                        RADIOEPIDEMIOLOGICAL TABLES
      Pub. L. 97-414, Sec. 7, Jan. 4, 1983, 96 Stat. 2059, provided
    that:
      ''(a) In carrying out section 301 of the Public Health Service
    Act (this section), the Secretary of Health and Human Services
    shall -
        ''(1) conduct scientific research and prepare analyses
      necessary to develop valid and credible assessments of the risks
      of thyroid cancer that are associated with thyroid doses of
      Iodine 131;
        ''(2) conduct scientific research and prepare analyses
      necessary to develop valid and credible methods to estimate the
      thyroid doses of Iodine 131 that are received by individuals from
      nuclear bomb fallout;
        ''(3) conduct scientific research and prepare analyses
      necessary to develop valid and credible assessments of the
      exposure to Iodine 131 that the American people received from the
      Nevada atmospheric nuclear bomb tests; and
        ''(4) prepare and transmit to the Congress within one year
      after the date of enactment of this Act (Jan. 4, 1983) a report
      with respect to the activities conducted in carrying out
      paragraphs (1), (2), and (3).
      ''(b)(1) Within one year after the date of enactment of this Act
    (Jan. 4, 1983), the Secretary of Health and Human Services shall
    devise and publish radioepidemiological tables that estimate the
    likelihood that persons who have or have had any of the radiation
    related cancers and who have received specific doses prior to the
    onset of such disease developed cancer as a result of these doses.
    These tables shall show a probability of causation of developing
    each radiation related cancer associated with receipt of doses
    ranging from 1 millirad to 1,000 rads in terms of sex, age at time
    of exposure, time from exposure to the onset of the cancer in
    question, and such other categories as the Secretary, after
    consulting with appropriate scientific experts, determines to be
    relevant.  Each probability of causation shall be calculated and
    displayed as a single percentage figure.
      ''(2) At the time the Secretary of Health and Human Services
    publishes the tables pursuant to paragraph (1), such Secretary
    shall also publish -
        ''(A) for the tables of each radiation related cancer, an
      evaluation which will assess the credibility, validity, and
      degree of certainty associated with such tables; and
        ''(B) a compilation of the formulas that yielded the
      probabilities of causation listed in such tables.  Such formulas
      shall be published in such a manner and together with information
      necessary to determine the probability of causation of any
      individual who has or has had a radiation related cancer and has
      received any given dose.
      ''(3) The tables specified in paragraph (1) and the formulas
    specified in paragraph (2) shall be devised from the best available
    data that are most applicable to the United States, and shall be
    devised in accordance with the best available scientific procedures
    and expertise.  The Secretary of Health and Human Services shall
    update these tables and formulas every four years, or whenever he
    deems it necessary to insure that they continue to represent the
    best available scientific data and expertise.''
                     TERMINATION OF ADVISORY COMMITTEES
      Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a
    note under section 217a of this title, provided that an advisory
    committee established pursuant to the Public Health Service Act
    shall terminate at such time as may be specifically prescribed by
    an Act of Congress enacted after Jan. 4, 1975.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242, 242a, 254c, 263,
    282, 284, 284f, 7610 of this title.
 
-CITE-
    42 USC Sec. 242                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242. Studies and investigations on use and misuse of narcotic
        drugs and other drugs; annual report to Attorney General;
        cooperation with States
 
-STATUTE-
      (a) In carrying out the purposes of section 241 of this title
    with respect to drugs the use or misuse of which might result in
    drug abuse or dependency, the studies and investigations authorized
    therein shall include the use and misuse of narcotic drugs and
    other drugs.  Such studies and investigations shall further include
    the quantities of crude opium, coca leaves, and their salts,
    derivatives, and preparations, and other drugs subject to control
    under the Controlled Substances Act (21 U.S.C. 801 et seq.) and
    Controlled Substances Import and Export Act (21 U.S.C. 951 et
    seq.), together with reserves thereof, necessary to supply the
    normal and emergency medicinal and scientific requirements of the
    United States. The results of studies and investigations of the
    quantities of narcotic drugs or other drugs subject to control
    under such Acts, together with reserves of such drugs, that are
    necessary to supply the normal and emergency medicinal and
    scientific requirements of the United States, shall be reported not
    later than the first day of April of each year to the Attorney
    General, to be used at his discretion in determining manufacturing
    quotas or importation requirements under such Acts.
      (b) The Surgeon General shall cooperate with States for the
    purpose of aiding them to solve their narcotic drug problems and
    shall give authorized representatives of the States the benefit of
    his experience in the care, treatment, and rehabilitation of
    narcotic addicts to the end that each State may be encouraged to
    provide adequate facilities and methods for the care and treatment
    of its narcotic addicts.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 302, 58 Stat. 692; Pub. L.
    91-513, title II, Sec. 701(j), Oct. 27, 1970, 84 Stat. 1282.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Controlled Substances Act, referred to in subsec. (a), is
    title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
    amended, which is classified principally to subchapter I (Sec. 801
    et seq.) of chapter 13 of Title 21, Food and Drugs. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 801 of Title 21 and Tables.
      The Controlled Substances Import and Export Act, referred to in
    subsec. (a), is title III of Pub. L. 91-513, Oct. 27, 1970, 84
    Stat. 1285, as amended, which is classified principally to
    subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 951 of Title 21 and Tables.
 
-MISC2-
                                 AMENDMENTS
      1970 - Subsec. (a). Pub. L. 91-513 inserted references to drug
    dependency, drugs other than narcotic drugs, and substances subject
    to control under the Controlled Substances Act and the Controlled
    Substances Import and Export Act, substituted the first day of
    April of each year for the first day of September of each year as
    the date by which the study results must be submitted, substituted
    the Attorney General for the Secretary of the Treasury as the
    officer to whom the report is to be submitted, and struck out
    references to the Narcotic Drugs Import and Export Act.
                      EFFECTIVE DATE OF 1970 AMENDMENT
      Amendment by Pub. L. 91-513 effective on first day of seventh
    calendar month that begins after Oct. 26, 1970, see section 704 of
    Pub. L. 91-513, set out as an Effective Date note under section 801
    of Title 21, Food and Drugs.
                             SAVINGS PROVISION
      Amendment by Pub. L. 91-513 not to affect or abate any
    prosecutions for violation of law or any civil seizures or
    forfeitures and injunctive proceedings commenced prior to the
    effective date of such amendment, and all administrative
    proceedings pending before the Bureau of Narcotics and Dangerous
    Drugs on Oct. 27, 1970, to be continued and brought to final
    determination in accord with laws and regulations in effect prior
    to Oct. 27, 1970, see section 702 of Pub. L. 91-513, set out as a
    note under section 321 of Title 21, Food and Drugs.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General abolished by section 3 of Reorg. Plan
    No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610,
    and functions thereof transferred to Secretary of Health,
    Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966,
    set out as a note under section 202 of this title.  Secretary of
    Health, Education, and Welfare redesignated Secretary of Health and
    Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.
 
-MISC5-
                       MARIHUANA AND HEALTH REPORTING
      Pub. L. 91-296, title V, June 30, 1970, 84 Stat. 352, as amended
    by Pub. L. 95-461, Sec. 3(a), Oct. 14, 1978, 92 Stat. 1268; Pub. L.
    96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, known as
    the Marihuana and Health Reporting Act, which required the
    Secretary of Health and Human Services, after consultation with the
    Surgeon General and other appropriate individuals, to transmit a
    report to the Congress on or before January 31, 1971, and
    biennially thereafter (1) containing current information on the
    health consequences of using marihuana, and (2) containing such
    recommendations for legislative and administrative action as he may
    deem appropriate, was repealed by Pub. L. 98-24, Sec. 2(d), Apr.
    26, 1983, 97 Stat. 182.
 
-CITE-
    42 USC Sec. 242a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242a. Mental health
 
-STATUTE-
    (a) Clinical training and instruction and clinical traineeships;
        stipends and allowances; research projects
      In carrying out the purposes of section 241 of this title with
    respect to mental health -
        (1) the Secretary, acting through the Director of the Center
      for Mental Health Services, is authorized to provide clinical
      training and instruction and to establish and maintain clinical
      traineeships (with such stipends and allowances (including travel
      and subsistence expenses and dependency allowances) for the
      trainees as the Secretary may deem necessary);
        (2) the Surgeon General is authorized to make grants to State
      or local agencies, laboratories, and other public or nonprofit
      agencies and institutions, and to individuals for investigations,
      experiments, demonstrations, studies, and research projects with
      respect to the development of improved methods of diagnosing
      mental illness, and of care, treatment, and rehabilitation of the
      mentally ill, including grants to State agencies responsible for
      administration of State institutions for care, or care and
      treatment, of mentally ill persons for developing and
      establishing improved methods of operation and administration of
      such institutions.
    (b) Effect of treaties and other international agreements on
        confidentiality
      Nothing in the Single Convention on Narcotic Drugs, the
    Convention on Psychotropic Substances, or other treaties or
    international agreements shall be construed to limit, modify, or
    prevent the protection of the confidentiality of patient records or
    of the names and other identifying characteristics of research
    subjects as provided by any Federal, State, or local law or
    regulation.
    (c) Grants to public and other nonprofit institutions
      The Secretary may provide for training, instruction, and
    traineeships under subsection (a)(1) of this section through grants
    to public and other nonprofit institutions.  Grants under paragraph
    (2) of subsection (a) of this section may be made only upon
    recommendation of the National Advisory Mental Health Council. Such
    grants may be paid in advance or by way of reimbursement, as may be
    determined by the Surgeon General; and shall be made on such
    conditions as the Surgeon General finds necessary.
    (d) Obligatory service for traineeships
      (1) Any individual who has received a clinical traineeship, in
    psychology, psychiatry, nursing, marital and family therapy,
    counseling, or social work, under subsection (a)(1) of this section
    that was not of a limited duration or experimental nature (as
    determined by the Secretary) is obligated to serve, in service
    determined by the Secretary to be appropriate in the light of the
    individual's training and experience, at the rate of one year for
    each year (or academic year, whichever the Secretary determines to
    be appropriate) of the traineeship.
      (2) The service required under paragraph (1) shall be performed -
        (A) for a public inpatient mental institution providing
      inpatient care or any entity receiving a grant under the Mental
      Health Systems Act (42 U.S.C. 9401 et seq.),
        (B) in a health professional shortage area (as determined under
      subpart II of part D of this subchapter),
        (C) in any other area or for any other entity designated by the
      Secretary, or
        (D) in a Federal or State correctional facility,
    and shall begin within such period after the termination of the
    traineeship as the Secretary may determine.  In developing criteria
    for determining for which institutions or entities or in which
    areas, referred to in the preceding sentence, individuals must
    perform service under paragraph (1), the Secretary shall give
    preference to institutions, entities, or areas which in his
    judgment have the greatest need for personnel to perform that
    service.  The Secretary may permit service for or in other
    institutions, entities, or areas if the Secretary determines that
    the request for such service is supported by good cause.
      (3) Any individual who fails to perform the service required
    under this subsection within the period prescribed by the Secretary
    is obligated to repay to the United States an amount equal to three
    times the cost of the traineeship (including stipends and
    allowances) plus interest at the maximum legal rate at the time of
    payment of the traineeship, multiplied, in any case in which the
    service so required has been performed in part, by the percentage
    which the length of the service not so performed is of the length
    of the service so required to be performed.
      (4)(A) In the case of any individual any part of whose obligation
    to perform service under this subsection exists at the same time as
    any part of the individual's obligation to perform service under
    section 254m or 254n of this title (because of receipt of a
    scholarship under subpart II of part D of this subchapter) or the
    individual's obligation to perform service under section 288
    (FOOTNOTE 1) of this title (because of receipt of a National
    Research Service Award), or both, the same service may not be used
    to any extent to meet more than one of those obligations.
       (FOOTNOTE 1) See Codification note below.
      (B) In any case to which subparagraph (A) is applicable and in
    which one of the obligations is to perform service under section
    254m or 254n of this title, the obligation to perform service under
    that section must be met (by performance of the required service or
    payment of damages) before the obligation to perform service under
    this subsection or under section 288 (FOOTNOTE 1) of this title.
      (C) In any case to which subparagraph (A) is applicable, if any
    part of the obligation to perform service under section 288
    (FOOTNOTE 1) of this title exists at the same time as any part of
    the obligation to perform service under this subsection, the manner
    and time of meeting each obligation shall be prescribed by the
    Secretary.
      (5) In disseminating application forms to individuals desiring
    traineeships, the Secretary shall include with such forms a fair
    summary of the liabilities under this subsection of an individual
    who receives a traineeship.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 303, as added July 3, 1946,
    ch. 538, Sec. 7(c), 60 Stat. 423; amended Aug. 2, 1956, ch. 871,
    title V, Sec. 501, 70 Stat. 929; Pub. L. 91-513, title I, Sec.
    3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 93-282, title I, Sec.
    122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93-348, title I, Sec.
    104(a)(2), July 12, 1974, 88 Stat. 346; Pub. L. 95-633, title I,
    Sec. 108(b), Nov. 10, 1978, 92 Stat. 3773; Pub. L. 96-398, title
    VIII, Sec. 803(a), Oct. 7, 1980, 94 Stat. 1607; Pub. L. 100-177,
    title II, Sec. 202(a), Dec. 1, 1987, 101 Stat. 996; Pub. L.
    100-607, title I, Sec. 163(1)(A), Nov. 4, 1988, 102 Stat. 3062;
    Pub. L. 100-690, title II, Sec. 2058(b), Nov. 18, 1988, 102 Stat.
    4214; Pub. L. 101-597, title IV, Sec. 401(b)((a)), Nov. 16, 1990,
    104 Stat. 3035; Pub. L. 102-321, title I, Sec. 115(b), July 10,
    1992, 106 Stat. 348; Pub. L. 102-408, title III, Sec. 305, Oct. 13,
    1992, 106 Stat. 2084; Pub. L. 105-392, title IV, Sec. 403, Nov. 13,
    1998, 112 Stat. 3588.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Mental Health Systems Act, referred to in subsec. (d)(2)(A),
    is Pub. L. 96-398, Oct. 7, 1980, 96 Stat. 1564, as amended, which
    is classified principally to chapter 102 (Sec. 9401 et seq.) of
    this title.  For complete classification of this Act to the Code,
    see Short Title note set out under section 9401 of this title and
    Tables.
 
-COD-
                                CODIFICATION
      Section 288 of this title, referred to in subsec. (d)(4), in the
    original referred to section 472, meaning section 472 of the Public
    Health Service Act, which was classified to section 289l-1 of this
    title.  Title IV of the Public Health Service Act was amended
    generally by section 2 of Pub. L. 99-158, Nov. 20, 1985, 99 Stat.
    822, and provisions formerly contained in section 472 were restated
    in section 487 of the Public Health Service Act, which is
    classified to section 288 of this title.
 
-MISC3-
                                 AMENDMENTS
      1998 - Subsec. (d)(1). Pub. L. 105-392 inserted ''counseling,''
    after ''family therapy,''.
      1992 - Subsec. (a). Pub. L. 102-321, Sec. 115(b)(1), struck out
    '', the Surgeon General is authorized'' after ''health'' in
    introductory provisions.
      Subsec. (a)(1). Pub. L. 102-321, Sec. 115(b)(2), inserted ''the
    Secretary, acting through the Director of the Center for Mental
    Health Services, is authorized'' after ''(1)''.
      Subsec. (a)(2). Pub. L. 102-321, Sec. 115(b)(3), inserted ''the
    Surgeon General is authorized'' after ''(2)''.
      Subsec. (d)(2)(D). Pub. L. 102-408 added subpar. (D).
      1990 - Subsec. (d)(2)(B). Pub. L. 101-597 substituted ''health
    professional shortage area'' for ''health manpower shortage area''.
      1988 - Subsec. (a). Pub. L. 100-607 redesignated concluding
    provisions which permitted Secretary to authorize persons engaged
    in research on mental health to protect privacy of individuals who
    are subject of such research by withholding names of such
    individuals, and which prohibited compulsion of persons so
    authorized to identify such individuals in any court or other
    proceedings, as subsec. (d) of section 241 of this title.
      Subsec. (d)(1). Pub. L. 100-690 inserted ''marital and family
    therapy,'' after ''nursing,''.
      1987 - Subsec. (d)(4). Pub. L. 100-177 made technical amendment
    to references to ''section 254m or 254n of this title'' in two
    places and substituted ''subpart II of Part D of this subchapter''
    for ''subpart IV of Part C of subchapter V of this chapter'' to
    reflect renumbering of corresponding provisions of original act.
      1980 - Subsec. (d). Pub. L. 96-398 added subsec. (d).
      1978 - Subsecs. (b), (c). Pub. L. 95-633 added subsec. (b) and
    redesignated former subsec. (b) as (c).
      1974 - Subsec. (a). Pub. L. 93-282 substituted ''mental health,
    including research on the use and effect of alcohol and other
    psychoactive drugs'' for ''the use and effect of drugs''.
      Subsec. (a)(1). Pub. L. 93-348, Sec. 104(a)(2)(A), inserted
    ''clinical'' before ''training and instruction'' and
    ''traineeships'' and substituted ''(with such stipends and
    allowances (including travel and subsistence expenses and
    dependency allowances) for the trainees as the Secretary may deem
    necessary)'' for '', in accordance with the provisions of section
    289c(a) of this title''.
      Subsec. (b). Pub. L. 93-348, Sec. 104(a)(2)(B), authorized
    Secretary to provide for training, instruction, and traineeships
    under subsection (a)(1) of this section through grants to public
    and other nonprofit institutions.
      1970 - Subsec. (a). Pub. L. 91-513 inserted provisions
    authorizing withholding of information concerning identity of
    persons who are subjects of research on use and effect of drugs.
      1956 - Subsec. (a). Act Aug. 2, 1956, substituted provisions of
    par. (1) relating to traineeships in accordance with section
    289c(a) of this title and par. (2) relating to grants for research
    and improved operation of mental institutions for provisions
    relating to admission of study patients, including patients from
    St. Elizabeths Hospital, to the National Institute of Mental
    Health.
      Subsec. (b). Act Aug. 2, 1956, substituted provisions relating to
    recommendation of grants by Council and payment by Surgeon General
    for provisions relating to mental health training.
                      EFFECTIVE DATE OF 1992 AMENDMENT
      Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with
    provision for programs providing financial assistance, see section
    801(c), (d) of Pub. L. 102-321, set out as a note under section 236
    of this title.
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Section 501 of Pub. L. 101-597 provided that: ''This Act and the
    amendments made by this Act (enacting sections 254f-1, 254o-1, and
    254r of this title, amending this section, sections 254d to 254i,
    254k, 254l to 254q-1, 254s, 294h, 294n, 294aa, 295g-1, 296m,
    1320c-5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and
    section 2123 of Title 10, Armed Forces, and enacting provisions set
    out as notes under sections 201, 254l-1, and 254o of this title)
    shall take effect October 1, 1990, or upon the date of the
    enactment of this Act (Nov. 16, 1990), whichever occurs later.''
                      EFFECTIVE DATE OF 1980 AMENDMENT
      Section 803(b) of Pub. L. 96-398 provided that: ''The amendment
    made by subsection (a) (amending this section) applies in the case
    of any academic year (of any traineeship awarded under section
    303(a)(1) of the Public Health Service Act (subsec. (a)(1) of this
    section)) beginning after the date of the enactment of this Act
    (Oct. 7, 1980) if the award for such academic year is made after
    such date.''
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date Convention on
    Psychotropic Substances enters into force in the United States, see
    section 112 of Pub. L. 95-633, set out as an Effective Date note
    under section 801a of Title 21, Food and Drugs. Convention on
    Psychotropic Substances entered into force for the United States on
    July 15, 1980.
                      EFFECTIVE DATE OF 1974 AMENDMENT
      Amendment by Pub. L. 93-348 not applicable with respect to
    commitments made before July 12, 1974, by the Secretary of Health,
    Education, and Welfare for research training, see section 104(b) of
    Pub. L. 93-348, set out as a note under section 241 of this title.
                      EFFECTIVE DATE OF 1956 AMENDMENT
      Amendment by act Aug. 2, 1956, effective July 1, 1956, see
    section 503 of act Aug. 2, 1956.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General abolished by section 3 of Reorg. Plan
    No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610,
    and functions thereof transferred to Secretary of Health,
    Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966,
    set out as a note under section 202 of this title.  Secretary of
    Health, Education, and Welfare redesignated Secretary of Health and
    Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.
 
-MISC5-
                     TERMINATION OF ADVISORY COMMITTEES
      Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a
    note under section 217a of this title, provided that an advisory
    committee established pursuant to the Public Health Service Act
    shall terminate at such time as may be specifically prescribed by
    an Act of Congress enacted after Jan. 4, 1975.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 290bb-31 of this title;
    title 21 section 850.
 
-CITE-
    42 USC Sec. 242b                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242b. General authority respecting research, evaluations, and
        demonstrations in health statistics, health services, and
        health care technology
 
-STATUTE-
    (a) Scope of activities
      The Secretary may, through the Agency for Health Care Policy and
    Research or the National Center for Health Statistics, or using
    National Research Service Awards or other appropriate authorities,
    undertake and support training programs to provide for an expanded
    and continuing supply of individuals qualified to perform the
    research, evaluation, and demonstration projects set forth in
    section 242k of this title and in subchapter VII of this chapter.
    (b) Additional authority; scope of activities
      To implement subsection (a) of this section and section 242k of
    this title, the Secretary may, in addition to any other authority
    which under other provisions of this chapter or any other law may
    be used by him to implement such subsection, do the following:
        (1) Utilize personnel and equipment, facilities, and other
      physical resources of the Department of Health and Human
      Services, permit appropriate (as determined by the Secretary)
      entities and individuals to utilize the physical resources of
      such Department, provide technical assistance and advice, make
      grants to public and nonprofit private entities and individuals,
      and, when appropriate, enter into contracts with public and
      private entities and individuals.
        (2) Admit and treat at hospitals and other facilities of the
      Service persons not otherwise eligible for admission and
      treatment at such facilities.
        (3) Secure, from time to time and for such periods as the
      Secretary deems advisable but in accordance with section 3109 of
      title 5, the assistance and advice of consultants from the United
      States or abroad.  The Secretary may for the purpose of carrying
      out the functions set forth in sections 242c, (FOOTNOTE 1) 242k,
      and 242n (FOOTNOTE 1) of this title, obtain (in accordance with
      section 3109 of title 5, but without regard to the limitation in
      such section on the number of days or the period of service) for
      each of the centers the services of not more than fifteen experts
      who have appropriate scientific or professional qualifications.
       (FOOTNOTE 1) See References in Text note below.
        (4) Acquire, construct, improve, repair, operate, and maintain
      laboratory, research, and other necessary facilities and
      equipment, and such other real or personal property (including
      patents) as the Secretary deems necessary; and acquire, without
      regard to section 34 of title 40, by lease or otherwise, through
      the Administrator of General Services, buildings or parts of
      buildings in the District of Columbia or communities located
      adjacent to the District of Columbia.
    (c) Coordination of activities through units of Department
      (1) The Secretary shall coordinate all health services research,
    evaluations, and demonstrations, all health statistical and
    epidemiological activities, and all research, evaluations, and
    demonstrations respecting the assessment of health care technology
    undertaken and supported through units of the Department of Health
    and Human Services. To the maximum extent feasible such
    coordination shall be carried out through the Agency for Health
    Care Policy and Research and the National Center for Health
    Statistics.
      (2) The Secretary shall coordinate the health services research,
    evaluations, and demonstrations, the health statistical and (where
    appropriate) epidemiological activities, and the research,
    evaluations, and demonstrations respecting the assessment of health
    care technology authorized by this chapter through the Agency for
    Health Care Policy and Research and the National Center for Health
    Statistics.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 304, as added July 28,
    1955, ch. 417, Sec. 3, 69 Stat. 382; amended Aug. 2, 1956, ch. 871,
    title V, Sec. 502, 70 Stat. 930; Pub. L. 90-174, Sec. 3(a), Dec. 5,
    1967, 81 Stat. 534; Pub. L. 91-296, title IV, Sec. 401(b)(1)(A),
    June 30, 1970, 84 Stat. 352; Pub. L. 91-515, title II, Sec.
    201(a)-(c), 202, 203, Oct. 30, 1970, 84 Stat. 1301-1303; Pub. L.
    93-45, title I, Sec. 102, June 18, 1973, 87 Stat. 91; Pub. L.
    93-353, title I, Sec. 103, July 23, 1974, 88 Stat. 362; Pub. L.
    95-623, Sec. 3, 7, Nov. 9, 1978, 92 Stat. 3443, 3451; Pub. L.
    96-32, Sec. 5(a)-(c), July 10, 1979, 93 Stat. 82; Pub. L. 97-35,
    title IX, Sec. 918, Aug. 13, 1981, 95 Stat. 565; Pub. L. 98-551,
    Sec. 5(c), Oct. 30, 1984, 98 Stat. 2819; Pub. L. 101-239, title VI,
    Sec. 6103(e)(1), Dec. 19, 1989, 103 Stat. 2205; Pub. L. 103-183,
    title V, Sec. 501(b), Dec. 14, 1993, 107 Stat. 2237.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Sections 242c and 242n of this title, referred to in subsec.
    (b)(3), were repealed by Pub. L. 101-239, title VI, Sec.
    6103(d)(1), Dec. 19, 1989, 103 Stat. 2205.
 
-MISC2-
                                 AMENDMENTS
      1993 - Subsec. (d). Pub. L. 103-183 struck out subsec. (d) which
    directed Secretary to conduct an ongoing study of present and
    projected future health costs of pollution and other environmental
    conditions resulting from human activity and to submit to Congress
    reports on the study.
      1989 - Subsec. (a). Pub. L. 101-239, Sec. 6103(e)(1)(B),
    substituted ''the Agency for Health Care Policy and Research'' for
    ''the National Center for Health Services Research and Health Care
    Technology Assessment'' and ''in section 242k of this title and in
    subchapter VII of this chapter'' for ''in sections 242c, 242k, and
    242n of this title''.
      Pub. L. 101-239, Sec. 6103(e)(1)(A), redesignated par. (3) as
    entire subsec. (a) and struck out pars. (1) and (2) which required
    Secretary to conduct and support research, demonstrations,
    evaluations, and statistical and epidemiological activities for
    purpose of improving health services in the United States, and
    which specified types of activities Secretary was to emphasize in
    carrying out par. (1).
      Subsec. (b). Pub. L. 101-239, Sec. 6103(e)(1)(C), substituted
    ''subsection (a) of this section and section 242k of this title''
    for ''subsection (a) of this section''.
      Subsec. (c)(1), (2). Pub. L. 101-239, Sec. 6103(e)(1)(D),
    substituted ''the Agency for Health Care Policy and Research'' for
    ''the National Center for Health Services Research and Health Care
    Technology Assessment''.
      1984 - Subsec. (a)(1). Pub. L. 98-551, Sec. 5(c)(1), (2),
    substituted ''the National Center for Health Services Research and
    Health Care Technology Assessment and the National Center for
    Health Statistics'' for ''the National Center for Health Services
    Research, the National Center for Health Statistics, and the
    National Center for Health Care Technology''.
      Subsec. (a)(3). Pub. L. 98-551, Sec. 5(c)(1), (3), substituted
    ''the National Center for Health Services Research and Health Care
    Technology Assessment or the National Center for Health
    Statistics'' for ''the National Center for Health Services
    Research, the National Center for Health Statistics, or the
    National Center for Health Care Technology''.
      Subsec. (c)(1), (2). Pub. L. 98-551, Sec. 5(c)(1), (2),
    substituted ''the National Center for Health Services Research and
    Health Care Technology Assessment and the National Center for
    Health Statistics'' for ''the National Center for Health Services
    Research, the National Center for Health Statistics, and the
    National Center for Health Care Technology''.
      1981 - Subsec. (a)(3). Pub. L. 97-35, Sec. 918(a), substituted
    ''may'' for ''shall'', ''or the'' for ''and the'', ''or using'' for
    ''and using'', and ''or other'' for ''and other''.
      Subsecs. (b)(1), (c)(1). Pub. L. 97-35, Sec. 918(d)(1),
    substituted ''Health and Human Services'' for ''Health, Education,
    and Welfare''.
      Subsec. (d)(1). Pub. L. 97-35, Sec. 918(b)(1), (2), substituted
    provisions relating to advice and assistance of the National
    Academy of Sciences, for provisions relating to joint authority of
    the National Academy of Sciences, and struck out definition of
    ''Academy'' as meaning the National Academy of Sciences.
      Subsec. (d)(3). Pub. L. 97-35, Sec. 918(b)(3), (c), (d)(2),
    substituted ''every three years'' for ''every two years'', and
    ''Energy and'' for ''Interstate and Foreign'', and struck out
    references to the Academy.
      1979 - Subsec. (b)(1), (3). Pub. L. 96-32, Sec. 5(a), (b),
    amended directory language of Pub. L. 95-623, Sec. 3(b), (d), and
    required no change in text.  See 1978 Amendment note below.
      Subsec. (d). Pub. L. 96-32, Sec. 5(c), substituted ''(d)'' for
    ''(e)'' as designation of subsection added by Pub. L. 95-623, Sec.
    7, thereby correcting the subsection designation.
      1978 - Subsec. (a)(1). Pub. L. 95-623, Sec. 3(a), substituted
    provision for the Secretary acting through the National Center for
    Health Care Technology for such action through other units of the
    Department of Health, Education, and Welfare and ''conduct'' for
    ''undertake'', included epidemiological activities, and declared as
    an objective the improvement of the effectiveness, efficiency, and
    quality of Federal health services.
      Subsec. (a)(2). Pub. L. 95-623, Sec. 3(a), provided for emphasis
    to demonstrations, evaluations, and epidemiological activities;
    redesignated as subpar. (A) former subpar. (C); struck out
    ''technology'' and ''quality'' after ''organization,'' and
    ''utilization,'', respectively, and end clause ''including systems
    for the delivery of preventive, personal, and mental health care''
    and former subpar. (A) activities respecting ''the determination of
    an individual's health''; added subpars. (B) through (D); struck
    out former subpar. (D) activities respecting ''individual and
    community knowledge of individual health and the systems for the
    delivery of health care''; added subpars. (E) through (I); and
    redesignated as subpar. (J) former subpar. (B).
      Subsec. (a)(3). Pub. L. 95-623, Sec. 3(a), added par. (3).
      Subsec. (b)(1). Pub. L. 95-623, Sec. 3(b), as amended by Pub. L.
    96-32, Sec. 5(a), substituted '', when appropriate, enter into
    contracts with public and private entities and individuals'' for
    ''enter into contracts with public and private entities and
    individuals, for (A) health services research, evaluation, and
    demonstrations, and (B) health services research and health
    statistics training, and (C) health statistical activities''.
      Subsec. (b)(3). Pub. L. 95-623, Sec. 3(d), as amended by Pub. L.
    96-32, Sec. 5(b), substituted ''advisable but in accordance with
    section 3109 of title 5'' for ''advisable'', struck out ''experts
    and'' before ''consultants'', and authorized the Secretary to
    obtain for the centers the services of experts with appropriate
    scientific or professional qualifications.
      Subsec. (c). Pub. L. 95-623, Sec. 3(c), designated existing text
    as par. (1), substituted ''evaluations, and demonstrations, all
    health statistical and epidemiological activities, and all
    research, evaluations, and demonstrations respecting the assessment
    of health care technology'' for ''evaluation, demonstration, and
    health statistical activities'' before ''undertaken and
    supported'', required coordination of activities to also be carried
    out through the National Center for Health Care Technology, and
    added par. (2).
      Subsec. (d). Pub. L. 95-623, Sec. 7, as amended by Pub. L. 96-32,
    Sec. 5(c), added subsec. (d).
      1974 - Pub. L. 93-353, in revising generally provisions of
    subsecs. (a) to (c), provided for general authority respecting
    health statistics and health services research, evaluation, and
    demonstrations, subsec. (a) relating to scope of activities,
    subsec. (b) relating to additional authority and scope of
    activities, and subsec. (c) relating to coordination of activities
    through units of the Department. Former provisions related to
    research and demonstrations relating to health facilities and
    services, subsec. (a) relating to grants and contracts for projects
    for research, experiments, or demonstrations and related training,
    cost limitation, wage rates, labor standards, and other conditions,
    and payments (former subsec. (a)(2) and (3) now being covered by
    section 242m(h) and (e), respectively), subsec. (b) relating to
    systems analysis of national health care plans, and cost and
    coverage report on existing legislative proposals, and subsec. (c)
    relating to authorization of appropriations.
      1973 - Subsec. (c)(1). Pub. L. 93-45 authorized appropriations of
    $42,617,000 for fiscal year ending June 30, 1974.
      1970 - Subsec. (a)(1). Pub. L. 91-515, Sec. 201(a)(1), 203,
    redesignated subsec. (a) as (a)(1), substituted ''(A)'' and ''(B)''
    for ''(1)'' and ''(2)'', and ''(i) to (iii)'' for ''(A) to (C)'',
    and added cls. (iv) and (v).
      Subsec. (a)(2). Pub. L. 91-515, Sec. 201(a)(2), redesignated
    subsec. (b) as (a)(2), and substituted ''subsection'' for
    ''section'' wherever appearing.
      Subsec. (a)(3). Pub. L. 91-515, Sec. 201(a)(3), 202, redesignated
    subsec. (c) as (a)(3)(A), substituted ''subsection'' for
    ''section'' wherever appearing, and added subsec. (a)(3)(B).
      Subsec. (b). Pub. L. 91-515, Sec. 201(a)(2)(A), (b), added
    subsec. (b). Former subsec. (b) redesignated (a)(2).
      Subsecs. (c), (d). Pub. L. 91-515, Sec. 201(a)(3)(A), (c),
    202(1), redesignated subsec. (d) as (c), and substituted provisions
    authorizing appropriations for the fiscal years ending June 30,
    1971, June 30, 1972, and June 30, 1973, and authorizing to be
    appropriated such additional sums for each fiscal year as may be
    necessary to carry out the provisions of subsec. (b), for
    provisions authorizing appropriations of $20,000,000 for the fiscal
    year ending June 30, 1968, $40,000,000 for the fiscal year ending
    June 30, 1969, and $60,000,000 for the fiscal year ending June 30,
    1970. Former subsec. (c) redesignated (a)(3)(A).
      Pub. L. 91-296 struck out provisions authorizing use of
    appropriated funds for evaluation of program authorized by this
    section.  See section 229b of this title.
      1967 - Pub. L. 90-174 substituted provisions of subsecs. (a) to
    (d) for research and demonstrations relating to health facilities
    (incorporated from former section 291n of this title) for
    provisions of former subsecs. (a) to (d) for mental health study
    including grants for special projects, conditions thereof, and
    definition of ''organization'', authorization of appropriations,
    terms of grant, availability of amounts otherwise appropriated and
    noninterference with research and study programs of the National
    Institute of Mental Health, and acceptance of additional financial
    support.
      1956 - Act Aug. 2, 1956, changed heading of section 304 of act
    July 1, 1944 from ''Grants for special projects in mental health''
    to ''Mental health study grants''.  Section heading has been
    changed for purposes of codification.
                     EFFECTIVE DATE OF 1970 AMENDMENTS
      Section 201(d) of Pub. L. 91-515 provided that: ''The amendments
    made by subsection (c) of this section (amending this section)
    shall be effective only with respect to fiscal years ending after
    June 30, 1970.''
      Section 401(b)(1) of Pub. L. 91-296 provided that the amendment
    made by that section is effective with respect to appropriations
    for fiscal years beginning after June 30, 1970.
                      EFFECTIVE DATE OF 1956 AMENDMENT
      Amendment of section by act Aug. 2, 1956, effective July 1, 1956,
    see section 503 of act Aug. 2, 1956.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Office of Surgeon General abolished by section 3 of Reorg. Plan
    No. 3 of 1966, eff.  June 25, 1966, 31 F.R. 8855, 80 Stat. 1610,
    and functions thereof transferred to Secretary of Health,
    Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966,
    set out as a note under section 202 of this title.  Secretary of
    Health, Education, and Welfare redesignated Secretary of Health and
    Human Services by section 509(b) of Pub. L. 96-88 which is
    classified to section 3508(b) of Title 20, Education.
 
-MISC5-
       MODEL STANDARDS WITH RESPECT TO PREVENTIVE HEALTH SERVICES IN
                                COMMUNITIES
      Pub. L. 95-83, title III, Sec. 314, Aug. 1, 1977, 91 Stat. 398,
    required the Secretary of Health, Education, and Welfare, within
    two years of Aug. 1, 1977, to establish model standards with
    respect to preventive health services in communities and report
    such standards to Congress.
                           TRANSFER OF EQUIPMENT
      Pub. L. 94-573, Sec. 15, Oct. 21, 1976, 90 Stat. 2719, provided
    that notwithstanding any other provision of law, the Secretary of
    Health, Education, and Welfare could vest title to equipment
    purchased with funds under the seven contracts for emergency
    medical services demonstration projects entered into in 1972 and
    1973 under this section (as in effect at the time the contracts
    were entered into), and by contractors with the United States under
    such contracts or subcontractors under such contracts, in such
    contractors or subcontractors without further obligation to the
    Government or on such terms as the Secretary considered
    appropriate.
                    CONGRESSIONAL DECLARATION OF PURPOSE
      Section 2 of Joint Res. July 28, 1955, provides a Congressional
    statement of the critical need for an analysis and reevaluation of
    the human and economic problems of mental illness and of the
    resources, methods, and practices utilized in diagnosing, treating,
    caring for, and rehabilitating the mentally ill, both within and
    outside of institutions, as might lead to the development of
    recommendations for such better utilization of those resources or
    such improvements on and new developments in methods of diagnosis,
    treatment, care, and rehabilitation as give promise of resulting in
    a marked reduction in the incidence or duration of mental illness
    and, in consequence, a lessening of the appalling emotional and
    financial drain on the families of those afflicted or on the
    economic resources of the States and of the Nation and a
    declaration of the policy to promote mental health and to help
    solve the complex and the interrelated problems posed by mental
    illness by encouraging the undertaking of nongovernmental,
    multidisciplinary research into and reevaluation of all aspects of
    our resources, methods, and practices for diagnosing, treating,
    caring for, and rehabilitating the mentally ill, including research
    aimed at the prevention of mental illness.
      CHILDREN'S EMOTIONAL ILLNESS STUDY; PROGRAM GRANTS; CONDITIONS;
                DEFINITIONS; APPROPRIATIONS; TERMS OF GRANT
      Pub. L. 89-97, title II, Sec. 231, July 30, 1965, 79 Stat. 360,
    as amended by Pub. L. 90-248, title III, Sec. 305, Jan. 2, 1968, 81
    Stat. 929, authorized the Secretary of Health, Education, and
    Welfare upon the recommendation of the National Advisory Mental
    Health Council and after securing the advice of experts in
    pediatrics and child welfare, to make grants to organizations on
    certain conditions for carrying out a program of research into and
    study of resources, methods, and practices for diagnosing or
    preventing emotional illness in children and of treating, caring
    for, and rehabilitating children with emotional illnesses, defined
    ''organization'', and authorized appropriations for the making of
    such grants for fiscal years ending June 30, 1966, and June 30,
    1967, with such research and study to be completed not later than
    three years from the date it was inaugurated.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 235, 242k, 242m, 288 of
    this title.
 
-CITE-
    42 USC Sec. 242c                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242c. Repealed. Pub. L. 101-239, title VI, Sec. 6103(d)(1)(A),
        Dec. 19, 1989, 103 Stat. 2205
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title III, Sec. 305, as added
    July 3, 1956, ch. 510, Sec. 3, 70 Stat. 490; amended Oct. 30, 1970,
    Pub. L. 91-515, title II, Sec. 210, 84 Stat. 1303; June 18, 1973,
    Pub. L. 93-45, title I, Sec. 103, 87 Stat. 91; July 23, 1974, Pub.
    L. 93-353, title I, Sec. 104, 88 Stat. 363; Oct. 8, 1976, Pub. L.
    94-460, title III, Sec. 301, 90 Stat. 1960; Nov. 9, 1978, Pub. L.
    95-623, Sec. 4, 92 Stat. 3445; Aug. 13, 1981, Pub. L. 97-35, title
    IX, Sec. 919(a)(1), (2)(A), (3), (b)(1), (c), (d), 95 Stat. 565,
    566; Oct. 30, 1984, Pub. L. 98-551, Sec. 5(a), (b), 6, 98 Stat.
    2817, 2819, 2820; Oct. 7, 1985, Pub. L. 99-117, Sec. 6, 99 Stat.
    492; Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(b)(2), 100
    Stat. 3779; Dec. 1, 1987, Pub. L. 100-177, title I, Sec. 101, 102,
    101 Stat. 987; Nov. 4, 1988, Pub. L. 100-607, title II, Sec.
    204(1), 102 Stat. 3079; Nov. 18, 1988, Pub. L. 100-690, title II,
    Sec. 2620(b)(3), 102 Stat. 4244; Aug. 16, 1989, Pub. L. 101-93,
    Sec. 5(e)(3), 103 Stat. 612, related to National Center for Health
    Services Research and Health Care Technology Assessment.
      TERMINATION OF NATIONAL CENTER FOR HEALTH SERVICES RESEARCH AND
                     HEALTH CARE TECHNOLOGY ASSESSMENT
      Section 6103(d)(1)(A) of Pub. L. 101-239 provided in part that
    the National Center for Health Services Research and Health Care
    Technology Assessment is terminated.
          TRANSITIONAL AND SAVINGS PROVISIONS FOR PUB. L. 101-239
      For provision transferring personnel of Department of Health and
    Human Services employed on Dec. 19, 1989, in connection with
    functions vested in Administrator for Health Care Policy and
    Research pursuant to amendments made by section 6103 of Pub. L.
    101-239, and assets, liabilities, etc., of Department arising from
    or employed, held, used, or available on that date, or to be made
    available after that date, in connection with those functions, to
    Administrator for appropriate allocation, and for provisions for
    continued effectiveness of actions, orders, rules, official
    documents, etc., of Department that have been issued, made,
    granted, or allowed to become effective in performance of those
    functions, and that were effective on Dec. 19, 1989, see section
    6103(f) of Pub. L. 101-239, set out as a note under section 299 of
    this title.
 
-CITE-
    42 USC Sec. 242d                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242d. Transferred
 
-COD-
                                CODIFICATION
      Section, act July 1, 1944, ch. 373, title III, Sec. 306, as added
    Aug. 2, 1956, ch. 871, title I, Sec. 101, 70 Stat. 923; amended
    July 23, 1959, Pub. L. 86-105, Sec. 1, 73 Stat. 239; Sept. 8, 1960,
    Pub. L. 88-497, Sec. 2, 78 Stat. 613; Aug. 16, 1968, Pub. L.
    90-490, title III, Sec. 302(b), 82 Stat. 789; Mar. 12, 1970, Pub.
    L. 91-208, Sec. 3, 84 Stat. 52; Oct. 30, 1970, Pub. L. 91-515,
    title VI, Sec. 601(b)(2), 84 Stat. 1311; June 18, 1973, Pub. L.
    93-45, title I, Sec. 104(a), 87 Stat. 91, which related to graduate
    or specialized training for physicians, engineers, nurses, and
    other professional personnel, was renumbered section 312 of act
    July 1, 1944, by Pub. L. 93-353 and transferred to section 244-1 of
    this title, and was subsequently repealed.
 
-CITE-
    42 USC Sec. 242e                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242e. Repealed. Pub. L. 93-353, title I, Sec. 102(a), July 23,
        1974, 88 Stat. 362
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title III, Sec. 307, as added
    Aug. 2, 1956, ch. 871, title II, Sec. 201, 70 Stat. 924; amended
    July 23, 1959, Pub. L. 86-105, Sec. 2, 73 Stat. 239; Oct. 30, 1970,
    Pub. L. 91-515, title VI, Sec. 601(b)(2), 84 Stat. 1311, provided
    for a professional nurse traineeship program for which
    authorization of appropriations were made through fiscal year
    ending June 30, 1964. Provision for the continuation of the program
    was made by the Nurse Training Act of 1964, which enacted section
    297 et seq. of this title.
 
-CITE-
    42 USC Sec. 242f to 242j                                     01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242f to 242j. Transferred
 
-COD-
                                CODIFICATION
      Section 242f, act July 1, 1944, ch. 373, title III, Sec. 308, as
    added July 12, 1960, Pub. L. 86-610, Sec. 3, 74 Stat. 364, which
    related to international cooperation with respect to biomedical
    research and health services research and statistical activities,
    was renumbered section 307 of act July 1, 1944, by Pub. L. 93-353
    and transferred to section 242l of this title.
      Section 242g, act July 1, 1944, ch. 373, title III, Sec. 309, as
    added Sept. 8, 1960, Pub. L. 86-720, Sec. 1(a), 74 Stat. 819;
    amended Aug. 27, 1964, Pub. L. 88-497, Sec. 3, 78 Stat. 613; Nov.
    3, 1966, Pub. L. 89-749, Sec. 4, 80 Stat. 1190; Dec. 5, 1967, Pub.
    L. 90-147, Sec. 2(g), 8(c), 81 Stat. 534, 540; Aug. 16, 1968, Pub.
    L. 90-490, title III, Sec. 302(a), 82 Stat. 788; Mar. 12, 1970,
    Pub. L. 91-208, Sec. 1, 2, 84 Stat. 52; June 30, 1970, Pub. L.
    91-296, title IV, Sec. 401(b)(1)(B), 84 Stat. 352; June 18, 1973,
    Pub. L. 93-45, title I, Sec. 104(b), (c), 87 Stat. 91, which
    related to graduate public health training grants, was renumbered
    section 313 of act July 1, 1944, by Pub. L. 93-353 and transferred
    to section 245a of this title, and was subsequently repealed.
      Section 242h, act July 1, 1944, ch. 373, title III, Sec. 310, as
    added Sept. 25, 1962, Pub. L. 87-692, 76 Stat. 592, and amended and
    renumbered, which related to health services for domestic
    agricultural migrants, was renumbered section 319 of act July 1,
    1944, by Pub. L. 93-353, title I, Sec. 102(d), July 23, 1974, 88
    Stat. 362, transferred to section 247d of this title, and
    subsequently renumbered and transferred to section 254b of this
    title, prior to being omitted in the general amendment of subpart I
    (Sec. 254b et seq.) of part D of this subchapter by Pub. L.
    104-299, Sec. 2.
      Section 242i, act July 1, 1944, ch. 373, title III, Sec. 310A, as
    added Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 270, 84 Stat.
    1306; amended Nov. 18, 1971, Pub. L. 92-157, title II, Sec. 201, 85
    Stat. 461, which related to administration of grants in multigrant
    projects, was renumbered section 226 of act July 1, 1944, by Pub.
    L. 93-353 and transferred to section 235 of this title.
      Section 242j, act July 1, 1944, ch. 373, title III, Sec. 310B, as
    added Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 280, 84 Stat.
    1307, which provided for and annual report by Secretary on
    activities related to health facilities and services and
    expenditure of funds, was renumbered section 227 of act July 1,
    1944, by Pub. L. 93-353 and transferred to section 236 of this
    title, and was subsequently repealed.
 
-CITE-
    42 USC Sec. 242k                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242k. National Center for Health Statistics
 
-STATUTE-
    (a) Establishment; appointment of Director; statistical and
        epidemiological activities
      There is established in the Department of Health and Human
    Services the National Center for Health Statistics (hereinafter in
    this section referred to as the ''Center'') which shall be under
    the direction of a Director who shall be appointed by the
    Secretary. The Secretary, acting through the Center, shall conduct
    and support statistical and epidemiological activities for the
    purpose of improving the effectiveness, efficiency, and quality of
    health services in the United States.
    (b) Duties
      In carrying out subsection (a) of this section, the Secretary,
    acting through the Center,
        (1) shall collect statistics on -
          (A) the extent and nature of illness and disability of the
        population of the United States (or of any groupings of the
        people included in the population), including life expectancy,
        the incidence of various acute and chronic illnesses, and
        infant and maternal morbidity and mortality,
          (B) the impact of illness and disability of the population on
        the economy of the United States and on other aspects of the
        well-being of its population (or of such groupings),
          (C) environmental, social, and other health hazards,
          (D) determinants of health,
          (E) health resources, including physicians, dentists, nurses,
        and other health professionals by specialty and type of
        practice and the supply of services by hospitals, extended care
        facilities, home health agencies, and other health
        institutions,
          (F) utilization of health care, including utilization of (i)
        ambulatory health services by specialties and types of practice
        of the health professionals providing such services, and (ii)
        services of hospitals, extended care facilities, home health
        agencies, and other institutions,
          (G) health care costs and financing, including the trends in
        health care prices and cost, the sources of payments for health
        care services, and Federal, State, and local governmental
        expenditures for health care services, and
          (H) family formation, growth, and dissolution;
        (2) shall undertake and support (by grant or contract)
      research, demonstrations, and evaluations respecting new or
      improved methods for obtaining current data on the matters
      referred to in paragraph (1);
        (3) may undertake and support (by grant or contract)
      epidemiological research, demonstrations, and evaluations on the
      matters referred to in paragraph (1); and
        (4) may collect, furnish, tabulate, and analyze statistics, and
      prepare studies, on matters referred to in paragraph (1) upon
      request of public and nonprofit private entities under
      arrangements under which the entities will pay the cost of the
      service provided.
    Amounts appropriated to the Secretary from payments made under
    arrangements made under paragraph (4) shall be available to the
    Secretary for obligation until expended.
    (c) Statistical and epidemiological compilations and surveys
      The Center shall furnish such special statistical and
    epidemiological compilations and surveys as the Committee on Labor
    and Human Resources and the Committee on Appropriations of the
    Senate and the Committee on Energy and Commerce and the Committee
    on Appropriations of the House of Representatives may request.
    Such statistical and epidemiological compilations and surveys shall
    not be made subject to the payment of the actual or estimated cost
    of the preparation of such compilations and surveys.
    (d) Technical aid to States and localities
      To insure comparability and reliability of health statistics, the
    Secretary shall, through the Center, provide adequate technical
    assistance to assist State and local jurisdictions in the
    development of model laws dealing with issues of confidentiality
    and comparability of data.
    (e) Cooperative Health Statistics System
      For the purpose of producing comparable and uniform health
    information and statistics, there is established the Cooperative
    Health Statistics System. The Secretary, acting through the Center,
    shall -
        (1) coordinate the activities of Federal agencies involved in
      the design and implementation of the System;
        (2) undertake and support (by grant or contract) research,
      development, demonstrations, and evaluations respecting the
      System;
        (3) make grants to and enter into contracts with State and
      local health agencies to assist them in meeting the costs of data
      collection and other activities carried out under the System; and
        (4) review the statistical activities of the Department of
      Health and Human Services to assure that they are consistent with
      the System.
    States participating in the System shall designate a State agency
    to administer or be responsible for the administration of the
    statistical activities within the State under the System. The
    Secretary, acting through the Center, shall prescribe guidelines to
    assure that statistical activities within States participating in
    the system (FOOTNOTE 1) produce uniform and timely data and assure
    appropriate access to such data.
       (FOOTNOTE 1) So in original.  Probably should be capitalized.
    (f) Federal-State cooperation
      To assist in carrying out this section, the Secretary, acting
    through the Center, shall cooperate and consult with the
    Departments of Commerce and Labor and any other interested Federal
    departments or agencies and with State and local health departments
    and agencies.  For such purpose he shall utilize insofar as
    possible the services or facilities of any agency of the Federal
    Government and, without regard to section 5 of title 41, of any
    appropriate State or other public agency, and may, without regard
    to such section, utilize the services or facilities of any private
    agency, organization, group, or individual, in accordance with
    written agreements between the head of such agency, organization,
    or group and the Secretary or between such individual and the
    Secretary. Payment, if any, for such services or facilities shall
    be made in such amounts as may be provided in such agreement.
    (g) Collection of health data; data collection forms
      To secure uniformity in the registration and collection of
    mortality, morbidity, and other health data, the Secretary shall
    prepare and distribute suitable and necessary forms for the
    collection and compilation of such data.
    (h) Registration area records
      (1) There shall be an annual collection of data from the records
    of births, deaths, marriages, and divorces in registration areas.
    The data shall be obtained only from and restricted to such records
    of the States and municipalities which the Secretary, in his
    discretion, determines possess records affording satisfactory data
    in necessary detail and form.  The Secretary shall encourage States
    and registration areas to obtain detailed data on ethnic and racial
    populations, including subpopulations of Hispanics, Asian
    Americans, and Pacific Islanders with significant representation in
    the State or registration area.  Each State or registration area
    shall be paid by the Secretary the Federal share of its reasonable
    costs (as determined by the Secretary) for collecting and
    transcribing (at the request of the Secretary and by whatever
    method authorized by him) its records for such data.
      (2) There shall be an annual collection of data from a
    statistically valid sample concerning the general health, illness,
    and disability status of the civilian noninstitutionalized
    population.  Specific topics to be addressed under this paragraph,
    on an annual or periodic basis, shall include the incidence of
    illness and accidental injuries, prevalence of chronic diseases and
    impairments, disability, physician visits, hospitalizations, and
    the relationship between demographic and socioeconomic
    characteristics and health characteristics.
    (i) Technical assistance in effective use of statistics
      The Center may provide to public and nonprofit private entities
    technical assistance in the effective use in such activities of
    statistics collected or compiled by the Center.
    (j) Coordination of health statistical and epidemiological
        activities
      In carrying out the requirements of section 242b(c) of this title
    and paragraph (1) of subsection (e) of this section, the Secretary
    shall coordinate health statistical and epidemiological activities
    of the Department of Health and Human Services by -
        (1) establishing standardized means for the collection of
      health information and statistics under laws administered by the
      Secretary;
        (2) developing, in consultation with the National Committee on
      Vital and Health Statistics, and maintaining the minimum sets of
      data needed on a continuing basis to fulfill the collection
      requirements of subsection (b)(1) of this section;
        (3) after consultation with the National Committee on Vital and
      Health Statistics, establishing standards to assure the quality
      of health statistical and epidemiological data collection,
      processing, and analysis;
        (4) in the case of proposed health data collections of the
      Department which are required to be reviewed by the Director of
      the Office of Management and Budget under section 3509 (FOOTNOTE
      2) of title 44, reviewing such proposed collections to determine
      whether they conform with the minimum sets of data and the
      standards promulgated pursuant to paragraphs (2) and (3), and if
      any such proposed collection is found not to be in conformance,
      by taking such action as may be necessary to assure that it will
      conform to such sets of data and standards, and
       (FOOTNOTE 2) See References in Text note below.
        (5) periodically reviewing ongoing health data collections of
      the Department, subject to review under such section 3509,
      (FOOTNOTE 2) to determine if the collections are being conducted
      in accordance with the minimum sets of data and the standards
      promulgated pursuant to paragraphs (2) and (3) and, if any such
      collection is found not to be in conformance, by taking such
      action as may be necessary to assure that the collection will
      conform to such sets of data and standards not later than the
      ninetieth day after the date of the completion of the review of
      the collection.
    (k) National Committee on Vital and Health Statistics;
        establishment; membership; term of office; compensation;
        functions; consultations of Secretary with Committee and
        professional advisory groups
      (1) There is established in the Office of the Secretary a
    committee to be known as the National Committee on Vital and Health
    Statistics (hereinafter in this subsection referred to as the
    ''Committee'') which shall consist of 18 members.
      (2) The members of the Committee shall be appointed from among
    persons who have distinguished themselves in the fields of health
    statistics, electronic interchange of health care information,
    privacy and security of electronic information, population-based
    public health, purchasing or financing health care services,
    integrated computerized health information systems, health services
    research, consumer interests in health information, health data
    standards, epidemiology, and the provision of health services.
    Members of the Committee shall be appointed for terms of 4 years.
      (3) Of the members of the Committee -
        (A) 1 shall be appointed, not later than 60 days after August
      21, 1996, by the Speaker of the House of Representatives after
      consultation with the Minority Leader of the House of
      Representatives;
        (B) 1 shall be appointed, not later than 60 days after August
      21, 1996, by the President pro tempore of the Senate after
      consultation with the Minority Leader of the Senate; and
        (C) 16 shall be appointed by the Secretary.
      (4) Members of the Committee shall be compensated in accordance
    with section 210(c) of this title.
      (5) The Committee -
        (A) shall assist and advise the Secretary -
          (i) to delineate statistical problems bearing on health and
        health services which are of national or international
        interest;
          (ii) to stimulate studies of such problems by other
        organizations and agencies whenever possible or to make
        investigations of such problems through subcommittees;
          (iii) to determine, approve, and revise the terms,
        definitions, classifications, and guidelines for assessing
        health status and health services, their distribution and
        costs, for use (I) within the Department of Health and Human
        Services, (II) by all programs administered or funded by the
        Secretary, including the Federal-State-local cooperative health
        statistics system referred to in subsection (e) of this
        section, and (III) to the extent possible as determined by the
        head of the agency involved, by the Department of Veterans
        Affairs, the Department of Defense, and other Federal agencies
        concerned with health and health services;
          (iv) with respect to the design of and approval of health
        statistical and health information systems concerned with the
        collection, processing, and tabulation of health statistics
        within the Department of Health and Human Services, with
        respect to the Cooperative Health Statistics System established
        under subsection (e) of this section, and with respect to the
        standardized means for the collection of health information and
        statistics to be established by the Secretary under subsection
        (j)(1) of this section;
          (v) to review and comment on findings and proposals developed
        by other organizations and agencies and to make recommendations
        for their adoption or implementation by local, State, national,
        or international agencies;
          (vi) to cooperate with national committees of other countries
        and with the World Health Organization and other national
        agencies in the studies of problems of mutual interest;
          (vii) to issue an annual report on the state of the Nation's
        health, its health services, their costs and distributions, and
        to make proposals for improvement of the Nation's health
        statistics and health information systems; and
          (viii) in complying with the requirements imposed on the
        Secretary under part C of title XI of the Social Security Act
        (42 U.S.C. 1320d et seq.);
        (B) shall study the issues related to the adoption of uniform
      data standards for patient medical record information and the
      electronic exchange of such information;
        (C) shall report to the Secretary not later than 4 years after
      August 21, 1996, recommendations and legislative proposals for
      such standards and electronic exchange; and
        (D) shall be responsible generally for advising the Secretary
      and the Congress on the status of the implementation of part C of
      title XI of the Social Security Act (42 U.S.C. 1320d et seq.).
      (6) In carrying out health statistical activities under this
    part, the Secretary shall consult with, and seek the advice of, the
    Committee and other appropriate professional advisory groups.
      (7) Not later than 1 year after August 21, 1996, and annually
    thereafter, the Committee shall submit to the Congress, and make
    public, a report regarding the implementation of part C of title XI
    of the Social Security Act (42 U.S.C. 1320d et seq.).  Such report
    shall address the following subjects, to the extent that the
    Committee determines appropriate:
        (A) The extent to which persons required to comply with part C
      of title XI of the Social Security Act are cooperating in
      implementing the standards adopted under such part.
        (B) The extent to which such entities are meeting the security
      standards adopted under such part and the types of penalties
      assessed for noncompliance with such standards.
        (C) Whether the Federal and State Governments are receiving
      information of sufficient quality to meet their responsibilities
      under such part.
        (D) Any problems that exist with respect to implementation of
      such part.
        (E) The extent to which timetables under such part are being
      met.
    (l) Data specific to particular ethnic and racial populations
      In carrying out this section, the Secretary, acting through the
    Center, shall collect and analyze adequate health data that is
    specific to particular ethnic and racial populations, including
    data collected under national health surveys.  Activities carried
    out under this subsection shall be in addition to any activities
    carried out under subsection (m) of this section.
    (m) Grants for assembly and analysis of data on ethnic and racial
        populations
      (1) The Secretary, acting through the Center, may make grants to
    public and nonprofit private entities for -
        (A) the conduct of special surveys or studies on the health of
      ethnic and racial populations or subpopulations;
        (B) analysis of data on ethnic and racial populations and
      subpopulations; and
        (C) research on improving methods for developing statistics on
      ethnic and racial populations and subpopulations.
      (2) The Secretary, acting through the Center, may provide
    technical assistance, standards, and methodologies to grantees
    supported by this subsection in order to maximize the data quality
    and comparability with other studies.
      (3) Provisions of section 242m(d) of this title do not apply to
    surveys or studies conducted by grantees under this subsection
    unless the Secretary, in accordance with regulations the Secretary
    may issue, determines that such provisions are necessary for the
    conduct of the survey or study and receives adequate assurance that
    the grantee will enforce such provisions.
      (4)(A) Subject to subparagraph (B), the Secretary, acting through
    the Center, shall collect data on Hispanics and major Hispanic
    subpopulation groups and American Indians, and for developing
    special area population studies on major Asian American and Pacific
    Islander populations.
      (B) The provisions of subparagraph (A) shall be effective with
    respect to a fiscal year only to the extent that funds are
    appropriated pursuant to paragraph (3) of subsection (n) of this
    section, and only if the amounts appropriated for such fiscal year
    pursuant to each of paragraphs (1) and (2) of subsection (n) of
    this section equal or exceed the amounts so appropriated for fiscal
    year 1997.
    (n) Authorization of appropriations
      (1) For health statistical and epidemiological activities
    undertaken or supported under subsections (a) through (l) of this
    section, there are authorized to be appropriated such sums as may
    be necessary for each of the fiscal years 1991 through 2003.
      (2) For activities authorized in paragraphs (1) through (3) of
    subsection (m) of this section, there are authorized to be
    appropriated such sums as may be necessary for each of the fiscal
    years 1999 through 2003. Of such amounts, the Secretary shall use
    not more than 10 percent for administration and for activities
    described in subsection (m)(2) of this section.
      (3) For activities authorized in subsection (m)(4) of this
    section, there are authorized to be appropriated $1,000,000 for
    fiscal year 1998, and such sums as may be necessary for each of the
    fiscal years 1999 through 2002.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 306, as added Pub. L.
    93-353, title I, Sec. 105, July 23, 1974, 88 Stat. 365; amended
    Pub. L. 95-623, Sec. 5, 8(a), Nov. 9, 1978, 92 Stat. 3445, 3453;
    Pub. L. 97-35, title IX, Sec. 920, Aug. 13, 1981, 95 Stat. 566;
    Pub. L. 97-414, Sec. 8(b), Jan. 4, 1983, 96 Stat. 2060; Pub. L.
    100-177, title I, Sec. 104, 105(a), Dec. 1, 1987, 101 Stat. 988;
    Pub. L. 101-239, title VI, Sec. 6103(e)(2), Dec. 19, 1989, 103
    Stat. 2206; Pub. L. 101-527, Sec. 7(a), (b)(1), (c), Nov. 6, 1990,
    104 Stat. 2327, 2328; Pub. L. 102-54, Sec. 13(q)(1)(A)(i), June 13,
    1991, 105 Stat. 278; Pub. L. 103-183, title V, Sec. 501(a), (d),
    Dec. 14, 1993, 107 Stat. 2237, 2238; Pub. L. 104-191, title II,
    Sec. 263, Aug. 21, 1996, 110 Stat. 2031; Pub. L. 105-340, title II,
    Sec. 201, Oct. 31, 1998, 112 Stat. 3193; Pub. L. 105-392, title II,
    Sec. 201(b), Nov. 13, 1998, 112 Stat. 3585.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 3509 of title 44, referred to in subsec. (j)(4), (5),
    which required submission of certain plans and forms for collection
    of information to the Director of the Office of Management and
    Budget for approval, was omitted in the general amendment of
    chapter 35 of Title 44, Public Printing and Documents, by Pub. L.
    96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812. Pub. L. 104-13
    subsequently enacted a new section 3509 of Title 44 relating to
    designation of a central collection agency.  Provisions appearing
    in former section 3509 are contained in section 3507 of Title 44.
      The Social Security Act, referred to in subsec. (k)(5)(A)(viii),
    (D), (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
    Part C of title XI of the Act is classified generally to part C
    (Sec. 1320d et seq.) of subchapter XI of chapter 7 of this title.
    For complete classification of this Act to the Code, see section
    1305 of this title and Tables.
 
-MISC2-
                              PRIOR PROVISIONS
      Provisions similar to those comprising subsec. (g) of this
    section were contained in section 313 of act July 1, 1944, ch. 373,
    title III, 58 Stat. 693; Oct. 30, 1970, Pub. L. 91-516, title II,
    Sec. 282, 84 Stat. 1308 (formerly classified to section 245 of this
    title), prior to repeal by Pub. L. 93-353, Sec. 102(a).
      Provisions similar to those comprising subsec. (h) of this
    section were contained in section 312a of act July 1, 1944, ch.
    373, title III, as added Aug. 31, 1954, ch. 1158, Sec. 2, 68 Stat.
    1025 (formerly classified to section 244a of this title), prior to
    repeal by Pub. L. 93-353, Sec. 102(a).
                                 AMENDMENTS
      1998 - Subsec. (m)(4). Pub. L. 105-392, Sec. 201(b)(1), added
    par. (4).
      Subsec. (n)(1). Pub. L. 105-340, Sec. 201(1), and Pub. L.
    105-392, Sec. 201(b)(2), amended par. (1) identically, substituting
    ''2003'' for ''1998''.
      Subsec. (n)(2). Pub. L. 105-392, Sec. 201(b)(3)(A), in first
    sentence, substituted ''paragraphs (1) through (3) of subsection
    (m)'' for ''subsection (m)'' and substituted ''such sums as may be
    necessary for each of the fiscal years 1999 through 2003.'' for
    ''$5,000,000 for fiscal year 1991, $7,500,000 for fiscal year 1992,
    $10,000,000 for fiscal year 1993, and $10,000,000 for each of the
    fiscal years 1994 through 2003.''
      Pub. L. 105-340, Sec. 201(2), substituted ''2003'' for ''1998''.
      Subsec. (n)(3). Pub. L. 105-392, Sec. 201(b)(3)(B), added par.
    (3).
      1996 - Subsec. (k)(1). Pub. L. 104-191, Sec. 263(1), substituted
    ''18'' for ''16''.
      Subsec. (k)(2). Pub. L. 104-191, Sec. 263(2), amended par. (2)
    generally.  Prior to amendment, par. (2) read as follows: ''The
    members of the Committee shall be appointed by the Secretary from
    among persons who have distinguished themselves in the fields of
    health statistics, health planning, epidemiology, and the provision
    of health services.  Members of the Committee shall be appointed
    for terms of 4 years.''
      Subsec. (k)(3), (4). Pub. L. 104-191, Sec. 263(3), added par. (3)
    and redesignated former par. (3) as (4). Former par. (4)
    redesignated (5).
      Subsec. (k)(5). Pub. L. 104-191, Sec. 263(4), amended par. (5)
    generally.  Prior to amendment, par. (5) consisted of subpars. (A)
    to (G) relating to Committee functions in assisting and advising
    the Secretary.
      Pub. L. 104-191, Sec. 263(3), redesignated par. (4) as (5).
    Former par. (5) redesignated (6).
      Subsec. (k)(6). Pub. L. 104-191, Sec. 263(3), redesignated par.
    (5) as (6).
      Subsec. (k)(7). Pub. L. 104-191, Sec. 263(5), added par. (7).
      1993 - Subsec. (c). Pub. L. 103-183, Sec. 501(a)(1), substituted
    ''Committee on Labor and Human Resources'' for ''Committee on Human
    Resources''.
      Subsec. (g). Pub. L. 103-183, Sec. 501(a)(2), substituted
    ''data'' for ''data which shall be published as a part of the
    health reports published by the Secretary''.
      Subsec. (i). Pub. L. 103-183, Sec. 501(a)(3), struck out
    ''engaged in health planning activities'' after ''entities''.
      Subsec. (k)(2). Pub. L. 103-183, Sec. 501(a)(4), struck out
    subpar. (A) designation, substituted ''Members'' for ''Except as
    provided in subparagraph (B), members'', and struck out subpar. (B)
    which related to extensions of membership terms of members of
    National Committee on Vital and Health Statistics whose terms were
    to expire in calendar years 1988, 1989, and 1990.
      Subsec. (l). Pub. L. 103-183, Sec. 501(a)(5)(A)-(C), redesignated
    subsec. (m) as (l), substituted ''subsection (m)'' for ''subsection
    (n)'', and struck out former subsec. (l) which related to
    development of plan for collection and coordination of statistical
    and epidemiological data on effects of environment on health and
    establishment of guidelines for compilation, analysis, and
    distribution of statistics and information necessary for
    coordinated determination of effects of conditions of employment
    and indoor and outdoor environmental conditions on public health.
      Subsec. (m). Pub. L. 103-183, Sec. 501(a)(5)(B), redesignated
    subsec. (n) as (m). Former subsec. (m) redesignated (l).
      Subsecs. (n), (o). Pub. L. 103-183, Sec. 501(a)(5)(B), (D), (d),
    redesignated subsec. (o) as (n), in par. (1) substituted ''(l)''
    for ''(m)'' and ''1998'' for ''1993'', and in par. (2) substituted
    ''(m)'' for ''(n)'', struck out ''and'' after ''1992,'', inserted
    '', and $10,000,000 for each of the fiscal years 1994 through
    1998'', and substituted ''(m)(2)'' for ''(n)(2)''. Former subsec.
    (n) redesignated (m).
      1991 - Subsec. (k)(4)(C). Pub. L. 102-54 substituted ''Department
    of Veterans Affairs'' for ''Veterans' Administration''.
      1990 - Subsec. (h). Pub. L. 101-527, Sec. 7(a), designated
    existing text as par. (1), inserted after second sentence ''The
    Secretary shall encourage States and registration areas to obtain
    detailed data on ethnic and racial populations, including
    subpopulations of Hispanics, Asian Americans, and Pacific Islanders
    with significant representation in the State or registration
    area.'', and added par. (2).
      Subsecs. (m) to (o). Pub. L. 101-527, Sec. 7(b)(1), (c), added
    subsecs. (m) and (n) and redesignated former subsec. (m) as (o) and
    amended it generally.  Prior to amendment, subsec. (o) read as
    follows: ''For health statistical and epidemiological activities
    undertaken or supported under this section, there are authorized to
    be appropriated $55,000,000 for fiscal year 1988 and such sums as
    may be necessary for each of the fiscal years 1989 and 1990.''
      1989 - Subsec. (a). Pub. L. 101-239, Sec. 6103(e)(2)(A), inserted
    at end ''The Secretary, acting through the Center, shall conduct
    and support statistical and epidemiological activities for the
    purpose of improving the effectiveness, efficiency, and quality of
    health services in the United States.''
      Subsec. (b). Pub. L. 101-239, Sec. 6103(e)(2)(B), substituted
    ''subsection (a) of this section'' for ''section 242b(a) of this
    title''.
      Subsec. (m). Pub. L. 101-239, Sec. 6103(e)(2)(C), added subsec.
    (m).
      1987 - Subsec. (a). Pub. L. 100-177, Sec. 104, struck out ''and
    supervised by the Assistant Secretary for Health (or such other
    officer of the Department as may be designated by the Secretary as
    the principal adviser to him for health programs)''.
      Subsec. (k)(1). Pub. L. 100-177, Sec. 105(a)(1), substituted ''16
    members'' for ''fifteen members''.
      Subsec. (k)(2)(A). Pub. L. 100-177, Sec. 105(a)(2), substituted
    ''terms of 4 years'' for ''terms of three years''.
      Subsec. (k)(2)(B). Pub. L. 100-177, Sec. 105(a)(3), added subpar.
    (B) and struck out former subpar. (B) which read as follows: ''Of
    the members first appointed -
        ''(i) five shall be appointed for terms of one year,
        ''(ii) five shall be appointed for terms of two years, and
        ''(iii) five shall be appointed for terms of three years,
    as designated by the Secretary at the time of appointment.  Any
    member appointed to fill a vacancy occurring prior to the
    expiration of the term for which his predecessor was appointed
    shall be appointed only for the remainder of such term.  A member
    may serve after the expiration of his term until his successor has
    taken office.''
      1983 - Subsec. (l)(2)(D). Pub. L. 97-414 redesignated subpar. (E)
    as (D) and struck out former subpar. (D) which provided that the
    Center would serve as a clearinghouse for statistics and
    information with respect to which guidelines had been established
    under subpar. (A).
      Subsec. (l)(2)(E) to (G). Pub. L. 97-414 redesignated subpars.
    (F) and (G) as (E) and (F), respectively.  Former subpar. (E)
    redesignated (D).
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 920(d)(1), substituted
    ''Health and Human Services'' for ''Health, Education, and
    Welfare''.
      Subsec. (c). Pub. L. 97-35, Sec. 920(d)(2), substituted ''Energy
    and'' for ''Interstate and Foreign''.
      Subsec. (e). Pub. L. 97-35, Sec. 920(a), (d)(1), in par. (3)
    inserted applicability to other activities, and in par. (4)
    substituted ''Health and Human Services'' for ''Health, Education,
    and Welfare''.
      Subsecs. (j), (k)(4)(C), (D). Pub. L. 97-35, Sec. 920(d)(1),
    substituted ''Health and Human Services'' for ''Health, Education,
    and Welfare''.
      Subsec. (l)(2). Pub. L. 97-35, Sec. 920(b), (c), (d)(1), in
    subpar. (A) inserted reference to Office of Federal Statistical
    Policy and Standards, in subpar. (B)(v) substituted ''Health and
    Human Services'' for ''Health, Education, and Welfare'', and in
    subpar. (D) struck out provisions relating to assistance to
    executive departments.
      1978 - Subsec. (b). Pub. L. 95-623, Sec. 5(a), struck out ''may''
    after ''through the Center,'', substituted in pars. (1) and (2)
    ''shall collect'' and ''shall undertake'' for ''collect'' and
    ''undertake'', respectively, and added pars. (3) and (4) and
    provision for availability of certain appropriated funds from par.
    (4) payments until expended.
      Subsec. (c). Pub. L. 95-623, Sec. 5(b), substituted ''statistical
    and epidemiological compilations'' for ''statistical compilations''
    in two places and ''Committee on Human Resources'' for ''Committee
    on Labor and Public Welfare'' of the Senate.
      Subsec. (e). Pub. L. 95-623, Sec. 5(c)(1), incorporated in
    introductory text prior cl. (1) provision requiring the Secretary
    to assist State and local health agencies and Federal agencies
    involved in health matters in the design and implementation of a
    cooperative system for producing comparable and uniform health
    information and statistics at the Federal, State, and local levels;
    enacted in pars. (1) and (2) provisions almost identical to prior
    cls. (2) and (3); enacted par. (3); struck out former cl. (4)
    provision for the Federal share of the data collection costs under
    the system; enacted in par. (4) provisions almost identical to
    former cl. (5); and required State designation of a State
    administrative agency to be responsible for the statistical
    activities within the State under the System and Federal guidelines
    for production of uniform and timely data and appropriate access to
    the data.
      Subsec. (f). Pub. L. 95-623, Sec. 5(d), substituted ''the
    Secretary, acting through the Center, shall cooperate and consult''
    for ''the Secretary shall cooperate and consult''.
      Subsecs. (i), (j). Pub. L. 95-623, Sec. 5(f), added subsecs. (i)
    and (j). Former subsec. (i) redesignated (k).
      Subsec. (k). Pub. L. 95-623, Sec. 5(c)(2), (e), (f), struck from
    par. (1) ''United States'' before ''National Committee on Vital and
    Health Statistics''; authorized in par. (2)(A) the appointment of
    Committee members from distinguished persons in field of health
    planning; required the Committee to assist and advise the Secretary
    with respect to the Cooperative Health Statistics System and the
    standardized means for the collection of health information and
    statistics to be established by the Secretary; and redesignated
    such amended subsec. (i) as (k).
      Subsec. (l). Pub. L. 95-623, Sec. 8(a), added subsec. (l).
 
-CHANGE-
                               CHANGE OF NAME
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.
 
-MISC4-
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Section 12 of Pub. L. 101-527 provided that: ''This Act and the
    amendments made by this Act (enacting sections 254c-1, 254t, 256a,
    294bb, 294cc, and 300u-6 of this title, amending this section and
    sections 242m, 254b, 254c, 294m, 294o, and 295g-2 of this title,
    enacting provisions set out as notes under sections 201 and 300u-6
    of this title, and repealing provisions set out as a note under
    section 292h of this title) shall take effect October 1, 1990, or
    upon the date of the enactment of this Act (Nov. 6, 1990),
    whichever occurs later.''
                      EFFECTIVE DATE OF 1987 AMENDMENT
      Section 105(b) of Pub. L. 100-177 provided that: ''The amendments
    made by this section (amending this section) shall become effective
    on January 1, 1988.''
         MONEY RECEIVED BY CENTER FROM REIMBURSEMENTS, INTERAGENCY
        AGREEMENTS, AND SALE OF DATA TAPES TO REMAIN AVAILABLE UNTIL
                                  EXPENDED
      Pub. L. 103-333, title II, Sept. 30, 1994, 108 Stat. 2550,
    provided in part: ''That for fiscal year 1995 and subsequent fiscal
    years amounts received by the National Center for Health Statistics
    from reimbursements and interagency agreements and the sale of data
    tapes may be credited to this appropriation and shall remain
    available until expended''.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242b, 242l, 242m, 242p,
    1320a, 1320d-1 of this title.
 
-CITE-
    42 USC Sec. 242l                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242l. International cooperation
 
-STATUTE-
    (a) Cooperative endeavors; statement of purpose
      For the purpose of advancing the status of the health sciences in
    the United States (and thereby the health of the American people),
    the Secretary may participate with other countries in cooperative
    endeavors in biomedical research, health care technology, and the
    health services research and statistical activities authorized by
    section 242k of this title and by subchapter VII of this chapter.
    (b) Authority of Secretary; building construction prohibition
      In connection with the cooperative endeavors authorized by
    subsection (a) of this section, the Secretary may -
        (1) make such use of resources offered by participating foreign
      countries as he may find necessary and appropriate;
        (2) establish and maintain fellowships in the United States and
      in participating foreign countries;
        (3) make grants to public institutions or agencies and to
      nonprofit private institutions or agencies in the United States
      and in participating foreign countries for the purpose of
      establishing and maintaining the fellowships authorized by
      paragraph (2);
        (4) make grants or loans of equipment and materials, for use by
      public or nonprofit institutions or agencies, or by individuals,
      in participating foreign countries;
        (5) participate and otherwise cooperate in any international
      meetings, conferences, or other activities concerned with
      biomedical research, health services research, health statistics,
      or health care technology;
        (6) facilitate the interchange between the United States and
      participating foreign countries, and among participating foreign
      countries, of research scientists and experts who are engaged in
      experiments or programs of biomedical research, health services
      research, health statistical activities, or health care
      technology activities, and in carrying out such purpose may pay
      per diem compensation, subsistence, and travel for such
      scientists and experts when away from their places of residence
      at rates not to exceed those provided in section 5703(b)
      (FOOTNOTE 1) of title 5 for persons in the Government service
      employed intermittently;
       (FOOTNOTE 1) See References in Text note below.
        (7) procure, in accordance with section 3109 of title 5, the
      temporary or intermittent services of experts or consultants; and
        (8) enter into contracts with individuals for the provision of
      services (as defined in section 104 of part 37 of title 48, Code
      of Federal Regulations (48 CFR 37.104)) in participating foreign
      countries, which individuals may not be deemed employees of the
      United States for any purpose.
    The Secretary may not, in the exercise of his authority under this
    section, provide financial assistance for the construction of any
    facility in any foreign country.
    (c) Benefits for overseas assignees
      The Secretary may provide to personnel appointed or assigned by
    the Secretary to serve abroad, allowances and benefits similar to
    those provided under chapter 9 of title I of the Foreign Service
    Act of 1990 (22 U.S.C. 4081 et seq.).  Leaves of absence for
    personnel under this subsection shall be on the same basis as that
    provided under subchapter I of chapter 63 of title 5 to individuals
    serving in the Foreign Service.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 307, formerly Sec. 308, as
    added Pub. L. 86-610, Sec. 3, July 12, 1960, 74 Stat. 364;
    renumbered Sec. 307 and amended Pub. L. 93-353, title I, Sec. 106,
    July 23, 1974, 88 Stat. 367; Pub. L. 97-35, title IX, Sec. 921,
    Aug. 13, 1981, 95 Stat. 566; Pub. L. 101-239, title VI, Sec.
    6103(e)(3), Dec. 19, 1989, 103 Stat. 2206; Pub. L. 102-531, title
    III, Sec. 310, Oct. 27, 1992, 106 Stat. 3503; Pub. L. 103-183,
    title VII, Sec. 702, Dec. 14, 1993, 107 Stat. 2239.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 5703 of title 5, referred to in subsec. (b)(6), was
    amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat.
    85, and, as so amended, does not contain a subsec. (b).
      The Foreign Service Act of 1990, referred to in subsec. (c),
    probably means the Foreign Service Act of 1980, which is Pub. L.
    96-465, Oct. 17, 1980, 94 Stat. 2071. Chapter 9 of title I of the
    Act is classified generally to subchapter IX (Sec. 4081 et seq.) of
    chapter 52 of Title 22, Foreign Relations and Intercourse. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of Title 22 and Tables.
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 242f of this title.
 
-MISC3-
                              PRIOR PROVISIONS
      A prior section 307 of act July 1, 1944, was classified to
    section 242e of this title, prior to repeal by Pub. L. 93-353,
    title I, Sec. 102(a), July 23, 1974, 88 Stat. 362.
                                 AMENDMENTS
      1993 - Subsec. (c). Pub. L. 103-183 added subsec. (c).
      1992 - Subsec. (b)(8). Pub. L. 102-531, which directed amendment
    of subsec. (b) by adding par. (8) at the end thereof, was executed
    by adding par. (8) after par. (7) to reflect the probable intent of
    Congress.
      1989 - Subsec. (a). Pub. L. 101-239 substituted ''section 242k of
    this title and by subchapter VII of this chapter'' for ''sections
    242b, 242c, 242k, and 242n of this title''.
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 921(a), inserted
    reference to health care technology and section 242n of this title.
      Subsec. (b). Pub. L. 97-35, Sec. 921(b), in par. (5) inserted
    reference to health care technology, and in par. (6) inserted
    reference to health care technology activities.
      1974 - Pub. L. 93-353 amended section generally.
                         INTERNATIONAL HEALTH STUDY
      Pub. L. 95-83, title III, Sec. 315, Aug. 1, 1977, 91 Stat. 398,
    provided that the Secretary of Health, Education, and Welfare
    arrange through the National Academy of Sciences or other nonprofit
    private groups or associations, for a study to determine
    opportunities for broadened Federal program activities in areas of
    international health, which study was to consider biomedical and
    behavioral research, health services research, health professions
    education, immunization and public health activities, and other
    areas that might improve our and other nations' capacities to
    prevent, diagnose, control, or cure disease, and to organize and
    deliver effective and efficient health services, with an interim
    report on such study completed no later than Oct. 1, 1977 and a
    final report completed no later than Jan. 1, 1978 and both reports
    submitted to the Secretary, the Committee on Human Resources of the
    Senate, and the Committee on Interstate and Foreign Commerce of the
    House of Representatives.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242m, 300cc-15 of this
    title; title 22 section 2101.
 
-CITE-
    42 USC Sec. 242m                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242m. General provisions respecting effectiveness, efficiency,
        and quality of health services
 
-STATUTE-
    (a) Reports to Congress and President; preparation; review by
        Office of Management and Budget
      (1) Not later than March 15 of each year, the Secretary shall
    submit to the President and Congress the following reports:
        (A) A report on health care costs and financing.  Such report
      shall include a description and analysis of the statistics
      collected under section 242k(b)(1)(G) of this title.
        (B) A report on health resources.  Such report shall include a
      description and analysis, by geographical area, of the statistics
      collected under section 242k(b)(1)(E) of this title.
        (C) A report on the utilization of health resources.  Such
      report shall include a description and analysis, by age, sex,
      income, and geographic area, of the statistics collected under
      section 242k(b)(1)(F) of this title.
        (D) A report on the health of the Nation's people.  Such report
      shall include a description and analysis, by age, sex, income,
      and geographic area, of the statistics collected under section
      242k(b)(1)(A) of this title.
      (2) The reports required in paragraph (1) shall be prepared
    through the National Center for Health Statistics.
      (3) The Office of Management and Budget may review any report
    required by paragraph (1) of this subsection before its submission
    to Congress, but the Office may not revise any such report or delay
    its submission beyond the date prescribed for its submission, and
    may submit to Congress its comments respecting any such report.
    (b) Grants or contracts; applications, submittal; application peer
        review group, findings and recommendations; necessity of
        favorable recommendation; appointments
      (1) No grant or contract may be made under section 242b, 242k, or
    242l of this title unless an application therefor has been
    submitted to the Secretary in such form and manner, and containing
    such information, as the Secretary may by regulation prescribe and
    unless a peer review group referred to in paragraph (2) has
    recommended the application for approval.
      (2)(A) Each application submitted for a grant or contract under
    section 242k of this title in an amount exceeding $50,000 of direct
    costs and for a health services research, evaluation, or
    demonstration project, or for a grant under section 242k(m) of this
    title, shall be submitted to a peer review group for an evaluation
    of the technical and scientific merits of the proposals made in
    each such application.  The Director of the National Center for
    Health Statistics shall establish such peer review groups as may be
    necessary to provide for such an evaluation of each such
    application.
      (B) A peer review group to which an application is submitted
    pursuant to subparagraph (A) shall report its finding and
    recommendations respecting the application to the Secretary, acting
    through the Director of the National Center for Health Statistics,
    in such form and manner as the Secretary shall by regulation
    prescribe.  The Secretary may not approve an application described
    in such subparagraph unless a peer review group has recommended the
    application for approval.
      (C) The Secretary, acting through the Director of the National
    Center for Health Statistics, shall make appointments to the peer
    review groups required in subparagraph (A) from among persons who
    are not officers or employees of the United States and who possess
    appropriate technical and scientific qualifications, except that
    peer review groups regarding grants under section 242k(m) of this
    title may include appropriately qualified such officers and
    employees.
    (c) Development and dissemination of statistics
      The Secretary shall take such action as may be necessary to
    assure that statistics developed under sections 242b and 242k of
    this title are of high quality, timely, comprehensive as well as
    specific, standardized, and adequately analyzed and indexed, and
    shall publish, make available, and disseminate such statistics on
    as wide a basis as is practicable.
    (d) Information; publication restrictions
      No information, if an establishment or person supplying the
    information or described in it is identifiable, obtained in the
    course of activities undertaken or supported under section 242b,
    242k, or 242l of this title may be used for any purpose other than
    the purpose for which it was supplied unless such establishment or
    person has consented (as determined under regulations of the
    Secretary) to its use for such other purpose; and in the case of
    information obtained in the course of health statistical or
    epidemiological activities under section 242b or 242k of this
    title, such information may not be published or released in other
    form if the particular establishment or person supplying the
    information or described in it is identifiable unless such
    establishment or person has consented (as determined under
    regulations of the Secretary) to its publication or release in
    other form.
    (e) Payment procedures; advances or reimbursement; installments;
        conditions; reductions
      (1) Payments of any grant or under any contract under section
    242b, 242k, or 242l of this title may be made in advance or by way
    of reimbursement, and in such installments and on such conditions,
    as the Secretary deems necessary to carry out the purposes of such
    section.
      (2) The amounts otherwise payable to any person under a grant or
    contract made under section 242b, 242k, or 242l of this title shall
    be reduced by -
        (A) amounts equal to the fair market value of any equipment or
      supplies furnished to such person by the Secretary for the
      purpose of carrying out the project with respect to which such
      grant or contract is made, and
        (B) amounts equal to the pay, allowances, traveling expenses,
      and related personnel expenses attributable to the performance of
      services by an officer or employee of the Government in
      connection with such project, if such officer or employee was
      assigned or detailed by the Secretary to perform such services,
    but only if such person requested the Secretary to furnish such
    equipment or supplies, or such services, as the case may be.
    (f) Contracts without regard to section 3324 of title 31 and
        section 5 of title 41
      Contracts may be entered into under section 242b or 242k of this
    title without regard to section 3324 of title 31 and section 5 of
    title 41.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 308, as added Pub. L.
    93-353, title I, Sec. 107(a), July 23, 1974, 88 Stat. 368; amended
    Pub. L. 94-273, Sec. 7(2), Apr. 21, 1976, 90 Stat. 378; Pub. L.
    95-83, title I, Sec. 104, Aug. 1, 1977, 91 Stat. 384; Pub. L.
    95-623, Sec. 2, 6(d), 8(b), Nov. 9, 1978, 92 Stat. 3443, 3451,
    3455; Pub. L. 97-35, title IX, Sec. 917(a), (b), 919(a)(2)(B), 922,
    Aug. 13, 1981, 95 Stat. 564, 565, 567; Pub. L. 97-414, Sec. 8(c),
    Jan. 4, 1983, 96 Stat. 2060; Pub. L. 98-551, Sec. 7, Oct. 30, 1984,
    98 Stat. 2820; Pub. L. 100-177, title I, Sec. 106(a), 107, 108,
    Dec. 1, 1987, 101 Stat. 988-990; Pub. L. 100-690, title II, Sec.
    2612, Nov. 18, 1988, 102 Stat. 4235; Pub. L. 101-239, title VI,
    Sec. 6103(e)(4), Dec. 19, 1989, 103 Stat. 2206; Pub. L. 101-527,
    Sec. 7(b)(2), (d), Nov. 6, 1990, 104 Stat. 2328; Pub. L. 103-183,
    title V, Sec. 501(c), Dec. 14, 1993, 107 Stat. 2237; Pub. L.
    105-392, title IV, Sec. 401(d), Nov. 13, 1998, 112 Stat. 3587.)
 
-MISC1-
                              PRIOR PROVISIONS
      Provisions similar to those comprising subsec. (e) of this
    section were contained in subsec. (a)(3) of section 304 of act July
    1, 1944, ch. 373, title III, as added July 28, 1955, ch. 417, Sec.
    3, 69 Stat. 382, and amended (formerly classified to section
    242b(a)(3) of this title), prior to general amendment of section
    304 by Pub. L. 93-353, Sec. 103.
                                 AMENDMENTS
      1998 - Subsec. (b)(2)(A), (C). Pub. L. 105-392 substituted
    ''242k(m)'' for ''242k(n)''.
      1993 - Subsec. (a)(1). Pub. L. 103-183, Sec. 501(c)(1)(A),
    redesignated subpars. (B) to (E) as (A) to (D), respectively, and
    struck out former subpar. (A) which read as follows: ''A report on
    -
        ''(i) the administration of sections 242b, 242k, and 242l of
      this title and subchapter VII of this chapter during the
      preceding fiscal year; and
        ''(ii) the current state and progress of health services
      research, health statistics, and health care technology.''
      Subsec. (a)(2). Pub. L. 103-183, Sec. 501(c)(1)(B), substituted
    ''reports required in paragraph (1) shall be prepared through the
    National Center'' for ''reports required by subparagraphs (B)
    through (E) of paragraph (2) shall be prepared through the Agency
    for Health Care Policy and Research and the National Center''.
      Subsec. (c). Pub. L. 103-183, Sec. 501(c)(2)(A)-(D), (3),
    redesignated subsec. (g)(2) as subsec. (c), substituted ''shall
    take'' for ''shall (A) take'' and ''and shall publish'' for ''and
    (B) publish'', and struck out former subsec. (c) which read as
    follows: ''The aggregate number of grants and contracts made or
    entered into under sections 242b and 242c of this title for any
    fiscal year respecting a particular means of delivery of health
    services or another particular aspect of health services may not
    exceed twenty; and the aggregate amount of funds obligated under
    grants and contracts under such sections for any fiscal year
    respecting a particular means of delivery of health services or
    another particular aspect of health services may not exceed
    $5,000,000.''
      Subsec. (f). Pub. L. 103-183, Sec. 501(c)(4), substituted
    ''section 3324 of title 31 and section 5 of title 41'' for
    ''sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41
    U.S.C. 5)''.
      Subsec. (g). Pub. L. 103-183, Sec. 501(c)(2)(B), (C), (E),
    redesignated par. (2) as subsec. (c) and struck out par. (1) which
    read as follows: ''The Secretary shall -
        ''(A) publish, make available and disseminate, promptly in
      understandable form and on as broad a basis as practicable, the
      results of health services research, demonstrations, and
      evaluations undertaken and supported under sections 242b and 242c
      of this title;
        ''(B) make available to the public data developed in such
      research, demonstrations, and evaluations; and
        ''(C) provide indexing, abstracting, translating, publishing,
      and other services leading to a more effective and timely
      dissemination of information on health services research,
      demonstrations, and evaluations in health care delivery to public
      and private entities and individuals engaged in the improvement
      of health care delivery and the general public; and undertake
      programs to develop new or improved methods for making such
      information available.''
      Subsec. (h). Pub. L. 103-183, Sec. 501(c)(5), struck out subsec.
    (h) which read as follows:
      ''(1) Except where the Secretary determines that unusual
    circumstances make a larger percentage necessary in order to
    effectuate the purposes of section 242k of this title, a grant or
    contract under any of such sections of this title with respect to
    any project for construction of a facility or for acquisition of
    equipment may not provide for payment of more than 50 per centum of
    so much of the cost of the facility or equipment as the Secretary
    determines is reasonably attributable to research, evaluation, or
    demonstration purposes.
      ''(2) Laborers and mechanics employed by contractors and
    subcontractors in the construction of such a facility shall be paid
    wages at rates not less than those prevailing on similar work in
    the locality, as determined by the Secretary of Labor in accordance
    with the Act of March 3, 1931 (40 U.S.C. 267a - 267a-5, known as
    the Davis-Bacon Act); and the Secretary of Labor shall have with
    respect to any labor standards specified in this paragraph the
    authority and functions set forth in Reorganization Plan Numbered
    14 of 1950 (5 U.S.C. Appendix) and section 276c of title 40.
      ''(3) Such grants and contracts shall be subject to such
    additional requirements as the Secretary may by regulation
    prescribe.''
      1990 - Subsec. (b)(2)(A). Pub. L. 101-527, Sec. 7(b)(2)(A),
    inserted ''or for a grant under section 242k(n) of this title,''
    after ''demonstration project,''.
      Subsec. (b)(2)(C). Pub. L. 101-527, Sec. 7(b)(2)(B), inserted
    before period at end '', except that peer review groups regarding
    grants under section 242k(n) of this title may include
    appropriately qualified such officers and employees''.
      Subsec. (b)(3). Pub. L. 101-527, Sec. 7(d), struck out par. (3)
    which related to applications submitted under section 242k of this
    title for which a grant or contract may be made under another
    provision of this chapter.
      1989 - Pub. L. 101-239, Sec. 6103(e)(4)(A), amended section
    catchline.
      Subsec. (a)(1)(A)(i). Pub. L. 101-239, Sec. 6103(e)(4)(B)(i),
    substituted ''sections 242b, 242k, and 242l of this title and
    subchapter VII of this chapter'' for ''sections 242b, 242c, 242k,
    and 242l of this title and section 242n of this title''.
      Subsec. (a)(2). Pub. L. 101-239, Sec. 6103(e)(4)(B)(ii),
    substituted ''the Agency for Health Care Policy and Research'' for
    ''the National Center for Health Services Research and Health Care
    Technology Assessment''.
      Subsec. (b)(1). Pub. L. 101-239, Sec. 6103(e)(4)(C)(i), which
    directed amendment of par. (1) by substituting ''section 242b,
    242k, or 242l of this title'' for ''sections 242b, 242c, 242k,
    242l, and 242n of this title'', was executed by making the
    substitution for ''section 242b, 242c, 242k, 242l, or 242n of this
    title'' as the probable intent of Congress.
      Subsec. (b)(2)(A). Pub. L. 101-239, Sec. 6103(e)(4)(C)(ii),
    substituted ''under section 242k of this title'' for ''under
    section 242b or 242c of this title,'' in first sentence, struck out
    second sentence which read as follows: ''Each application for a
    grant, contract, or cooperative agreement in an amount exceeding
    $50,000 of direct costs for the dissemination of research findings
    or the development of research agendas (including conferences,
    workshops, and meetings) shall be submitted to a standing peer
    review group with persons with appropriate expertise and shall not
    be submitted to any peer review group established to review
    applications for research, evaluation, or demonstration
    projects.'', and amended last sentence generally.  Prior to
    amendment, last sentence read as follows: ''The Secretary, acting
    through the Director of the National Center for Health Services
    Research and Health Care Technology Assessment (or, as appropriate,
    through the Director of the National Center for Health Statistics),
    shall establish such peer review groups as may be necessary to
    provide for such an evaluation of an application described in the
    first two sentences of this subparagraph.''
      Subsec. (b)(2)(B). Pub. L. 101-239, Sec. 6103(e)(4)(C)(iii),
    substituted ''the Director of the National Center for Health
    Statistics'' for ''the Director involved''.
      Subsec. (b)(2)(C). Pub. L. 101-239, Sec. 6103(e)(4)(C)(iv),
    substituted ''the Director of the National Center for Health
    Statistics'' for ''the Directors''.
      Subsec. (b)(3). Pub. L. 101-239, Sec. 6103(e)(4)(C)(v),
    substituted ''submitted under section 242k of this title'' for
    ''submitted under section 242b, 242c, or 242k of this title'' and
    ''approved under any of such sections'' for ''approved under
    section 242b, 242c, or 242k of this title''.
      Subsec. (d). Pub. L. 101-239, Sec. 6103(e)(4)(D), substituted
    ''section 242b, 242k, or 242l of this title'' for ''section 242b,
    242c, 242k, 242l, or 242n of this title'', struck out ''(1)'' after
    ''for such other purpose; and'', and substituted ''publication or
    release in other form.'' for ''publication or release in other
    form, and (2) in the case of information obtained in the course of
    health services research, evaluations, or demonstrations under
    section 242b or 242c of this title or in the course of health care
    technology activities under section 242n of this title, such
    information may not be published or released in other form if the
    person who supplied the information or who is described in it is
    identifiable unless such person has consented (as determined under
    regulations of the Secretary) to its publication or release in
    other form.''
      Subsec. (e)(1), (2). Pub. L. 101-239, Sec. 6103(e)(4)(E),
    substituted ''section 242b, 242k, or 242l of this title'' for
    ''section 242b, 242c, 242k, 242l, or 242n of this title''.
      Subsec. (f). Pub. L. 101-239, Sec. 6103(e)(4)(F), substituted
    ''section 242b or 242k of this title'' for ''section 242b, 242c,
    242k, or 242n of this title''.
      Subsec. (g)(1). Pub. L. 101-239, Sec. 6103(e)(4)(G)(i), struck
    out at end ''Except as provided in subsection (d) of this section,
    the Secretary may not restrict the publication and dissemination of
    data from, and results of projects undertaken by, centers supported
    under section 242c(d) of this title.''
      Subsec. (g)(2). Pub. L. 101-239, Sec. 6103(e)(4)(G)(ii),
    substituted ''sections 242b and 242k of this title'' for ''sections
    242b, 242c, 242k, and 242n of this title''.
      Subsec. (h)(1). Pub. L. 101-239, Sec. 6103(e)(4)(H), substituted
    ''effectuate the purposes of section 242k of this title'' for
    ''effectuate the purposes of section 242b, 242c, 242k, or 242n of
    this title'' and ''contract under any of such sections'' for
    ''contract under section 242b, 242c, 242k, or 242n of this title''.
      Subsec. (i). Pub. L. 101-239, Sec. 6103(e)(4)(I), struck out
    subsec. (i) which authorized appropriations for carrying out
    certain programs under sections 242b, 242c, 242k, and 242n of this
    title during fiscal years 1988 to 1990.
      1988 - Subsec. (b)(2)(A). Pub. L. 100-690 inserted after first
    sentence ''Each application for a grant, contract, or cooperative
    agreement in an amount exceeding $50,000 of direct costs for the
    dissemination of research findings or the development of research
    agendas (including conferences, workshops, and meetings) shall be
    submitted to a standing peer review group with persons with
    appropriate expertise and shall not be submitted to any peer review
    group established to review applications for research, evaluation,
    or demonstration projects.'' and substituted ''an application
    described in the first two sentences of this subparagraph'' for
    ''each such application'' in last sentence.
      1987 - Subsec. (a)(1), (2). Pub. L. 100-177, Sec. 106(a)(1),
    added pars. (1) and (2) and struck out former pars. (1) and (2)
    which read as follows:
      ''(1) Not later than December 1 of each year, the Secretary shall
    make a report to Congress respecting (A) the administration of
    sections 242b, 242c, 242k, and 242l and section 242n of this title
    during the preceding fiscal year, and (B) the current state and
    progress of health services research and, health statistics, and
    health care technology.
      ''(2) The Secretary, acting through the National Center for
    Health Services Research and the National Center for Health
    Statistics, shall assemble and submit to the President and the
    Congress not later than December 1 of each year the following
    reports:
        ''(A) A report on health care costs and financing.  Such report
      shall include a description and analysis of the statistics
      collected under section 242k(b)(1)(G) of this title.
        ''(B) A report on health resources.  Such report shall include
      a description and analysis, by geographic area, of the statistics
      collected under section 242k(b)(1)(E) of this title.
        ''(C) A report on the utilization of health resources.  Such
      report shall include a description and analysis, by age, sex,
      income, and geographic area, of the statistics collected under
      section 242k(b)(1)(F) of this title.
        ''(D) A report on the health of the Nation's people.  Such
      report shall include a description and analysis, by age, sex,
      income, and geographic area, of the statistics collected under
      section 242k(b)(1)(A) of this title.''
      Subsec. (a)(3). Pub. L. 100-177, Sec. 106(a)(2), struck out ''or
    (2)'' after ''paragraph (1)''.
      Subsec. (b)(1). Pub. L. 100-177, Sec. 107(1), inserted ''and
    unless a peer review group referred to in paragraph (2) has
    recommended the application for approval'' before period at end.
      Subsec. (b)(2). Pub. L. 100-177, Sec. 107(2), added par. (2) and
    struck out former par. (2) which read as follows: ''Each
    application submitted for a grant or contract under section 242b or
    242c of this title, in an amount exceeding $50,000 of direct costs
    and for a health services research, evaluation, or demonstration
    project, shall be submitted by the Secretary for review for
    scientific merit to a panel of experts appointed by him from
    persons who are not officers or employees of the United States and
    who possess qualifications relevant to the project for which the
    application was made.  A panel to which an application is submitted
    under this paragraph shall report its findings and recommendations
    respecting the application to the Secretary in such form and manner
    as the Secretary shall by regulation prescribe.''
      Subsec. (i). Pub. L. 100-177, Sec. 108, amended subsec. (i)
    generally, substituting provisions authorizing appropriations for
    fiscal years 1988 to 1990 for carrying out activities under
    sections 242b, 242c, 242k, and 242n of this title for former
    provisions authorizing appropriations for fiscal years 1975 to 1987
    for carrying out activities under those sections.
      1984 - Subsec. (i)(1). Pub. L. 98-551, Sec. 7(a), inserted
    provisions authorizing appropriations for fiscal years ending Sept.
    30, 1985, 1986, and 1987, inserted ''and Health Care Technology
    Assessment'' after ''Research'', substituted ''and at least 10 per
    centum of such amount or $1,500,000, whichever is less, shall be
    available only for the user liaison program and the technical
    assistance program referred to in section 242c(c)(2) of this title
    and for dissemination activities directly undertaken through such
    Center'' for ''and at least 5 per centum of such amount or
    $1,000,000, whichever is less, shall be available only for
    dissemination activities directly undertaken through such Center'',
    inserted ''For health care technology assessment activities
    undertaken under subsections (b)(5), (e), (f), and (g) of section
    242c of this title the Secretary shall obligate from funds
    appropriated under this paragraph not less than $3,000,000 for the
    fiscal year ending September 30, 1985, $3,500,000 for the fiscal
    year ending September 30, 1986, and $4,000,000 for the fiscal year
    ending September 30, 1987. For grants under section 242n of this
    title the Secretary shall obligate from funds appropriated under
    this paragraph not less than $500,000 for the fiscal year ending
    September 30, 1985, $750,000 for the fiscal year ending September
    30, 1986, and $750,000 for the fiscal year ending September 30,
    1987.'', and in last sentence substituted ''for any fiscal year''
    for ''for each of the fiscal years ending September 30, 1982,
    September 30, 1983, and September 30, 1984,''.
      Subsec. (i)(2). Pub. L. 98-551, Sec. 7(b), inserted provisions
    authorizing appropriations for fiscal years ending Sept. 30, 1985,
    1986, and 1987.
      1983 - Subsec. (d). Pub. L. 97-414 inserted '', if an
    establishment or person supplying the information or described in
    it is identifiable,'' after ''No information'', and substituted
    ''such establishment or person has consented (as determined under
    regulations of the Secretary) to its use for such other purpose''
    for ''authorized by guidelines in effect under section 242k(l)(2)
    of this title or under regulations of the Secretary''.
      1981 - Subsec. (a)(2). Pub. L. 97-35, Sec. 922(a), substituted
    ''December'' for ''September'', which change had already been made
    by Pub. L. 94-273.
      Subsec. (b)(2). Pub. L. 97-35, Sec. 922(b), substituted
    ''$50,000'' for ''$35,000''.
      Subsec. (d)(2). Pub. L. 97-35, Sec. 922(c), inserted
    applicability to health care technology activities under section
    242n of this title.
      Subsec. (i)(1). Pub. L. 97-35, Sec. 917(a), 919(a)(2)(B),
    inserted provisions respecting amounts of and limitations on uses
    for appropriations for the fiscal years ending Sept. 30, 1982,
    1983, and 1984.
      Subsec. (i)(2). Pub. L. 97-35, Sec. 917(b), inserted provisions
    respecting appropriations for the fiscal years ending Sept. 30,
    1982, 1983, and 1984.
      1978 - Subsec. (a)(1). Pub. L. 95-623, Sec. 6(d)(1), required the
    report to cover the administration of section 242n of this title
    and the current state and progress of health care technology.
      Subsec. (b)(1). Pub. L. 95-623, Sec. 6(d)(2), inserted reference
    to grant or contract under section 242n of this title.
      Subsec. (d). Pub. L. 95-623, Sec. 6(d)(3), 8(b), inserted
    reference to section 242n of this title and substituted in cl. (1)
    ''statistical or epidemiological activities'' for ''statistical
    activities''; and authorized use of information for purposes other
    than for which supplied when authorized by guidelines in effect
    under section 242k(l)(2) of this title.
      Subsecs. (e), (f), (g)(2), (h)(1). Pub. L. 95-623, Sec.
    6(d)(4)-(7), inserted references to section 242n of this title.
      Subsec. (i)(1). Pub. L. 95-623, Sec. 2(a), authorized
    appropriation of $35,000,000; $40,000,000; and $45,000,000 for
    fiscal years ending Sept. 30, 1979, through 1981, and substituted
    minimum amounts of the lesser of 20 per centum of appropriated
    funds or $6,000,000 for health services research, evaluation and
    demonstration activities of the National Center for Health Services
    Research and 5 per centum of such funds or $1,000,000 for
    dissemination activities of such Center for prior similar
    requirement of 25 per centum of appropriated funds for the
    applicable fiscal years for health services research, evaluation,
    and demonstration activities of the Secretary.
      Subsec. (i)(2). Pub. L. 95-623, Sec. 2(b), authorized
    appropriation of $50,000,000; $65,000,000; and $70,000,000 for
    fiscal years ending Sept. 30, 1979, through 1981.
      1977 - Subsec. (i)(1). Pub. L. 95-83, Sec. 104(a), authorized
    appropriation of $28,600,000 for fiscal year ending Sept. 30, 1978.
      Subsec. (i)(2). Pub. L. 95-83, Sec. 104(b), authorized
    appropriation of $33,600,000 for fiscal year ending Sept. 30, 1978.
      1976 - Subsec. (a). Pub. L. 94-273 substituted ''December'' for
    ''September'' wherever appearing.
                      EFFECTIVE DATE OF 1998 AMENDMENT
      Pub. L. 105-392, title IV, Sec. 401(e), Nov. 13, 1998, 112 Stat.
    3587, provided that: ''This section (amending this section and
    sections 247b-5, 247b-6, 247c, 285f-2, 300d-1 to 300d-3, 300d-13,
    300d-32, 300k, and 300n-1 of this title) is deemed to have taken
    effect immediately after the enactment of Public Law 103-183 (Dec.
    14, 1993).''
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Section 2600 of Pub. L. 100-690 provided that: ''Except as
    provided in section 2613(b)(1) (42 U.S.C. 285m note), the
    amendments made by this subtitle (subtitle G (Sec. 2600-2641) of
    title II of Pub. L. 100-690, enacting sections 285m-4 to 285m-6 of
    this title, amending this section, sections 242c, 281, 284, 284c,
    285j, 285m, 285m-1 to 285m-6, 286, 289f, 290cc-28, 290cc-36, 292h,
    294a, 295g-4, 295g-7, 295g-8b, 295h, 295h-5, 295j, 297j, 297n,
    300cc-3, 300cc-13, 300cc-17, 300cc-20, 300cc-31, 300dd-1, 300dd-3,
    300dd-8, 300dd-10, 300dd-12 to 300dd-14, 300dd-21, 300dd-32, 300ee,
    300ee-2, 300ee-5, 300ee-12, 300ee-13, 300ee-15 to 300ee-18,
    300ee-20, 300ee-22, 300ee-34, 300ff-48, and 300aaa to 300aaa-13 of
    this title, and section 393 of Title 21, Food and Drugs, enacting
    provisions set out as notes under section 285m of this title,
    amending provisions set out as notes under sections 201, 292h,
    300cc, 300ee-1, and 300ff-48 of this title, and repealing
    provisions set out as a note under section 285m of this title)
    shall take effect immediately after the enactment of the Health
    Omnibus Programs Extension of 1988 (Nov. 4, 1988).''
                      EFFECTIVE DATE OF 1987 AMENDMENT
      Section 106(c) of Pub. L. 100-177 provided that: ''The amendments
    made by subsections (a) and (b) (amending this section and section
    242p of this title) shall apply to reports and profiles required to
    be submitted after November 1, 1987.''
    MINE WORKERS STUDY; REPORT COMPLETED AND SUBMITTED NO LATER THAN 30
                       MONTHS AFTER NOVEMBER 9, 1978
      Section 10 of Pub. L. 95-623, as amended by S. Res. 30, Mar. 7,
    1979; H. Res. 549, Mar. 25, 1980, required the Secretary, acting
    through the National Center for Health Services Research, to
    arrange for the conduct of a study to evaluate the impact upon the
    utilization of health services by and the health status of members
    of the United Mine Workers and their dependents as a result of
    changes in the United Mine Workers' collective-bargaining
    agreements of Mar. 1978 with a report to be submitted to the
    Secretary and specific committees of the Senate and House of
    Representatives within 30 months after Nov. 9, 1978.
      AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30,
                                    1977
      Section 107(b) of Pub. L. 93-353 provided that: ''The
    authorizations of appropriations provided by section 308(i) of the
    Public Health Service Act (subsec. (i) of this section) is extended
    for the fiscal year ending June 30, 1977, in the amounts authorized
    for the preceding fiscal year unless before June 30, 1976, Congress
    has passed legislation repealing this subsection.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242k, 242p of this title.
 
-CITE-
    42 USC Sec. 242n                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242n. Repealed. Pub. L. 101-239, title VI, Sec. 6103(d)(1)(B),
        Dec. 19, 1989, 103 Stat. 2205
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title III, Sec. 309, as added
    Nov. 9, 1978, Pub. L. 95-623, Sec. 6(c), 92 Stat. 3447; amended
    July 10, 1979, Pub. L. 96-32, Sec. 5(d), 93 Stat. 83; Aug. 13,
    1981, Pub. L. 97-35, title IX, Sec. 917(c), 923, 95 Stat. 565, 567;
    Oct. 30, 1984, Pub. L. 98-551, Sec. 8, 98 Stat. 2820; Oct. 7, 1985,
    Pub. L. 99-117, Sec. 8(a), 99 Stat. 493; Dec. 1, 1987, Pub. L.
    100-177, title I, Sec. 109, 101 Stat. 990, related to grants for a
    council on health care technology.
              TERMINATION OF COUNCIL ON HEALTH CARE TECHNOLOGY
      Section 6103(d)(1)(B) of Pub. L. 101-239 provided in part that
    the council on health care technology established under this
    section is terminated.
          TRANSITIONAL AND SAVINGS PROVISIONS FOR PUB. L. 101-239
      For provision transferring personnel of Department of Health and
    Human Services employed on Dec. 19, 1989, in connection with
    functions vested in Administrator for Health Care Policy and
    Research pursuant to amendments made by section 6103 of Pub. L.
    101-239, and assets, liabilities, etc., of Department arising from
    or employed, held, used, or available on that date, or to be made
    available after that date, in connection with those functions, to
    Administrator for appropriate allocation, and for provisions for
    continued effectiveness of actions, orders, rules, official
    documents, etc., of Department that have been issued, made,
    granted, or allowed to become effective in performance of those
    functions, and that were effective on Dec. 19, 1989, see section
    6103(f) of Pub. L. 101-239, set out as a note under section 299 of
    this title.
 
-CITE-
    42 USC Sec. 242o                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242o. Health conferences; publication of health educational
        information
 
-STATUTE-
      (a) A conference of the health authorities in and among the
    several States shall be called annually by the Secretary. Whenever
    in his opinion the interests of the public health would be promoted
    by a conference, the Secretary may invite as many of such health
    authorities and officials of other State or local public or private
    agencies, institutions, or organizations to confer as he deems
    necessary or proper.  Upon the application of health authorities of
    five or more States it shall be the duty of the Secretary to call a
    conference of all State health authorities joining in the request.
    Each State represented at any conference shall be entitled to a
    single vote.  Whenever at any such conference matters relating to
    mental health are to be discussed, the mental health authorities of
    the respective States shall be invited to attend.
      (b) From time to time the Secretary shall issue information
    related to public health, in the form of publications or otherwise,
    for the use of the public, and shall publish weekly reports of
    health conditions in the United States and other countries and
    other pertinent health information for the use of persons and
    institutions concerned with health services.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 310, formerly Sec. 309,
    310, as added Pub. L. 93-353, title I, Sec. 107(a), July 23, 1974,
    88 Stat. 371; renumbered Sec. 310, Pub. L. 95-623, Sec. 6(a), (b),
    Nov. 9, 1978, 92 Stat. 3447.)
 
-COD-
                                CODIFICATION
      Subsec. (a) of this section consists of former section 309 of act
    July 1, 1944, prior to the renumbering of that section as section
    310(a) by Pub. L. 95-623. Subsec. (b) of this section consists of
    former section 310 of act July 1, 1944, prior to the renumbering of
    that section as section 310(b) by Pub. L. 95-623.
 
-MISC3-
                              PRIOR PROVISIONS
      A prior section 310 of act July 1, 1944, was renumbered section
    329, and was classified to section 254b of this title prior to the
    general amendment of subpart I (Sec. 254b et seq.) of part D of
    this subchapter by Pub. L. 104-299.
      Provisions similar to those comprising subsec. (a) of this
    section were contained in section 312 of act July 1, 1944, ch. 373,
    title III, 58 Stat. 693, as amended (formerly classified to section
    244 of this title), prior to repeal by Pub. L. 93-353, Sec. 102(a).
      Provisions similar to those comprising subsec. (b) of this
    section were contained in section 315 of act July 1, 1944, ch. 373,
    title III, 58 Stat. 695; Oct. 30, 1970, Pub. L. 91-515, title II,
    Sec. 282, 84 Stat. 1308 (formerly classified to section 247 of this
    title), prior to repeal by Pub. L. 93-353, Sec. 102(a).
 
-CITE-
    42 USC Sec. 242p                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242p. National disease prevention data profile
 
-STATUTE-
      (a) The Secretary, acting through the National Center for Health
    Statistics, shall submit to Congress on March 15, 1990, and on
    March 15 of every third year thereafter, a national disease
    prevention data profile in order to provide a data base for the
    effective implementation of this Act and to increase public
    awareness of the prevalence, incidence, and any trends in the
    preventable causes of death and disability in the United States.
    Such profile shall include at a minimum -
        (1) mortality rates for preventable diseases;
        (2) morbidity rates associated with preventable diseases;
        (3) the physical determinants of health of the population of
      the United States and the relationship between these determinants
      of health and the incidence and prevalence of preventable causes
      of death and disability; and
        (4) the behavioral determinants of health of the population of
      the United States including, but not limited to, smoking,
      nutritional and dietary habits, exercise, and alcohol
      consumption, and the relationship between these determinants of
      health and the incidence and prevalence of preventable causes of
      death and disability.
      (b) In preparing the profile required by subsection (a) of this
    section, the Secretary, acting through the National Center for
    Health Statistics, shall comply with all relevant provisions of
    sections 242k and 242m of this title.
 
-SOURCE-
    (Pub. L. 95-626, title IV, Sec. 404, Nov. 10, 1978, 92 Stat. 3591;
    Pub. L. 100-177, title I, Sec. 106(b), Dec. 1, 1987, 101 Stat.
    989.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This Act, referred to in subsec. (a), is Pub. L. 95-626, Nov. 10,
    1978, 92 Stat. 3551, known as the Health Services and Centers
    Amendments of 1978. For complete classification of this Act to the
    Code, see Short Title of 1978 Amendments note set out under section
    201 of this title and Tables.
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Health Services and Centers
    Amendments of 1978, and not as part of the Public Health Service
    Act which comprises this chapter.
 
-MISC3-
                                 AMENDMENTS
      1987 - Subsec. (a). Pub. L. 100-177 substituted ''on March 15,
    1990, and on March 15 of every third year thereafter'' for ''on
    December 1, 1980, and on December 1 of every third year
    thereafter'' in first sentence.
                      EFFECTIVE DATE OF 1987 AMENDMENT
      Amendment by Pub. L. 100-177 applicable to reports and profiles
    required to be submitted after Nov. 1, 1987, see section 106(c) of
    Pub. L. 100-177, set out as a note under section 242m of this
    title.
 
-CITE-
    42 USC Sec. 242q                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242q. Task Force on Aging Research; establishment and duties
 
-STATUTE-
    (a) Establishment
      The Secretary of Health and Human Services shall establish a Task
    Force on Aging Research.
    (b) Duties
      With respect to aging research (as defined in section 242q-4 of
    this title), the Task Force each fiscal year shall -
        (1) make recommendations to the Secretary specifying the
      particular projects of research, or the particular categories of
      research, that should be conducted or supported by the Secretary;
        (2) of the projects specified under paragraph (1), make
      recommendations to the Secretary of the projects that should be
      given priority in the provision of funds; and
        (3) make recommendations to the Secretary of the amount of
      funds that should be appropriated for such research.
    (c) Provision of information to public
      The Task Force may make available to health professionals, and to
    other members of the public, information regarding the research
    described in subsection (b) of this section.
 
-SOURCE-
    (Pub. L. 101-557, title III, Sec. 301, Nov. 15, 1990, 104 Stat.
    2768.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Home Health Care and
    Alzheimer's Disease Amendments of 1990, and not as part of the
    Public Health Service Act which comprises this chapter.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242q-2, 242q-3, 242q-4,
    242q-5 of this title.
 
-CITE-
    42 USC Sec. 242q-1                                           01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242q-1. Membership
 
-STATUTE-
    (a) Composition
      The Task Force shall be composed of -
        (1) the Assistant Secretary for Health;
        (2) the Surgeon General of the Public Health Service;
        (3) the Assistant Secretary for Planning and Evaluation;
        (4) the Director of the National Institute on Aging, and the
      Directors of such other agencies of the National Institutes of
      Health as the Secretary determines to be appropriate;
        (5) the Commissioner of the Administration on Aging;
        (6) the Commissioner of Food and Drugs;
        (7) the Under Secretary for Health of the Department of
      Veterans Affairs;
        (8) the Administrator of the the (FOOTNOTE 1) Substance Abuse
      and Mental Health Services Administration;
       (FOOTNOTE 1) So in original.
        (9) the Administrator of the Health Care Financing
      Administration;
        (10) the Commissioner of Social Security;
        (11) the Administrator for Health Care Policy and Research;
        (12) two Members of the House of Representatives appointed by
      the Speaker of the House in consultation with the Minority
      Leader, and two members of the Senate appointed by the Majority
      Leader in consultation with the Minority Leader, not more than
      one of whom from each body shall be members of the same political
      party; and
        (13) three members of the general public, to be appointed by
      the Secretary, that shall include one representative each from -
          (A) a nonprofit group representing older Americans;
          (B) a private voluntary health organization concerned with
        the health problems affecting older Americans; and
          (C) a nonprofit organization concerned with research related
        to the health and independence of older Americans.
    (b) Chair
      The Secretary, acting through either the Assistant Secretary for
    Health or the Director of the National Institute on Aging, shall
    serve as the Chair of the Task Force.
    (c) Quorum
      A majority of the members of the Task Force shall constitute a
    quorum, and a lesser number may hold hearings.
    (d) Meetings
      The Task Force shall meet periodically at the call of the Chair,
    but in no event less than twice each year.
    (e) Compensation and expenses
      (1) Compensation
        Members of the Task Force who are not regular full-time
      employees of the United States Government shall, while attending
      meetings and conferences of the Task Force or otherwise engaged
      in the business of the Task Force (including traveltime), be
      entitled to receive compensation at a rate fixed by the
      Secretary, but not exceeding the rate specified at the time of
      such service under GS-18 of the General Schedules established
      under section 5332 of title 5.
      (2) Expenses
        While away from their homes or regular places of business on
      the business of the Task Force, members of such Task Force may be
      allowed travel expenses, including per diem in lieu of
      subsistence, as is authorized under section 5703 of title 5 for
      persons employed intermittently in the Government service.
 
-SOURCE-
    (Pub. L. 101-557, title III, Sec. 302, Nov. 15, 1990, 104 Stat.
    2769; Pub. L. 102-321, title I, Sec. 161, July 10, 1992, 106 Stat.
    375; Pub. L. 102-405, title III, Sec. 302(e)(1), Oct. 9, 1992, 106
    Stat. 1985.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Home Health Care and
    Alzheimer's Disease Amendments of 1990, and not as part of the
    Public Health Service Act which comprises this chapter.
 
-MISC3-
                                 AMENDMENTS
      1992 - Subsec. (a)(7). Pub. L. 102-405 substituted ''Under
    Secretary for Health of the Department of Veterans Affairs'' for
    ''Chief Medical Director of the Department of Veterans Affairs''.
      Subsec. (a)(8). Pub. L. 102-321 substituted ''Substance Abuse and
    Mental Health Services Administration'' for ''Alcohol, Drug Abuse
    and Mental Health Administration''.
                      EFFECTIVE DATE OF 1992 AMENDMENT
      Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with
    provision for programs providing financial assistance, see section
    801(c), (d) of Pub. L. 102-321, set out as a note under section 236
    of this title.
           REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242q-4, 242q-5 of this
    title.
 
-CITE-
    42 USC Sec. 242q-2                                           01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242q-2. Administrative staff and support
 
-STATUTE-
      The Secretary, acting through either the Assistant Secretary for
    Health or the Director of the National Institute on Aging, shall
    appoint an Executive Secretary for the Task Force and shall provide
    the Task Force with such administrative staff and support as may be
    necessary to enable the Task Force to carry out subsections (b) and
    (c) of section 242q of this title.
 
-SOURCE-
    (Pub. L. 101-557, title III, Sec. 303, Nov. 15, 1990, 104 Stat.
    2770.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Home Health Care and
    Alzheimer's Disease Amendments of 1990, and not as part of the
    Public Health Service Act which comprises this chapter.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242q-4, 242q-5 of this
    title.
 
-CITE-
    42 USC Sec. 242q-3                                           01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242q-3. Reports
 
-STATUTE-
    (a) In general
      Not later than 1 year after November 15, 1990, and annually
    thereafter, the Task Force shall prepare and submit to the
    Secretary, and to the Committee on Energy and Commerce of the House
    of Representatives and the Committee on Labor and Human Resources
    of the Senate, a report providing the recommendations required in
    section 242q(b) of this title.
    (b) Availability to public
      The Task Force may make available to the public copies of the
    reports required in subsection (a) of this section.
 
-SOURCE-
    (Pub. L. 101-557, title III, Sec. 304, Nov. 15, 1990, 104 Stat.
    2770.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Home Health Care and
    Alzheimer's Disease Amendments of 1990, and not as part of the
    Public Health Service Act which comprises this chapter.
 
-CHANGE-
                               CHANGE OF NAME
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242q-4, 242q-5 of this
    title.
 
-CITE-
    42 USC Sec. 242q-4                                           01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242q-4. Definitions
 
-STATUTE-
      For purposes of sections 242q to 242q-5 of this title:
      (1) Aging research
        (A) The term ''aging research'' means research on the aging
      process and on the diagnosis and treatment of diseases,
      disorders, and complications related to aging, including
      menopause.  Such research includes research on such treatments,
      and on medical devices and other medical interventions regarding
      such diseases, disorders, and complications, that can assist
      individuals in avoiding institutionalization and prolonged
      hospitalization and in otherwise increasing the independence of
      the individuals.
        (B) For purposes of subparagraph (A), the term
      ''independence'', with respect to diseases, disorders, and
      complications of aging, means the functional ability of
      individuals to perform activities of daily living or instrumental
      activities of daily living without assistance or supervision.
      (2) Secretary
        The term ''Secretary'' means the Secretary of Health and Human
      Services.
      (3) Task Force
        The term ''Task Force'' means the Task Force on Aging Research
      established under section 242q(a) of this title.
 
-SOURCE-
    (Pub. L. 101-557, title III, Sec. 305, Nov. 15, 1990, 104 Stat.
    2770.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Home Health Care and
    Alzheimer's Disease Amendments of 1990, and not as part of the
    Public Health Service Act which comprises this chapter.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 242q, 242q-5 of this
    title.
 
-CITE-
    42 USC Sec. 242q-5                                           01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part A - Research and Investigations
 
-HEAD-
    Sec. 242q-5. Authorization of appropriations
 
-STATUTE-
      For the purpose of carrying out sections 242q to 242q-5 of this
    title, there are authorized to be appropriated such sums as may be
    necessary for each of the fiscal years 1991 through 1993.
 
-SOURCE-
    (Pub. L. 101-557, title III, Sec. 306, Nov. 15, 1990, 104 Stat.
    2770.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Home Health Care and
    Alzheimer's Disease Amendments of 1990, and not as part of the
    Public Health Service Act which comprises this chapter.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 242q-4 of this title.
 
-CITE-
    42 USC Part B - Federal-State Cooperation                    01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
    .
 
-HEAD-
    Part B - Federal-State Cooperation
 
-CITE-
    42 USC Sec. 243                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
 
-HEAD-
    Sec. 243. General grant of authority for cooperation
 
-STATUTE-
    (a) Enforcement of quarantine regulations; prevention of
        communicable diseases
      The Secretary is authorized to accept from State and local
    authorities any assistance in the enforcement of quarantine
    regulations made pursuant to this chapter which such authorities
    may be able and willing to provide.  The Secretary shall also
    assist States and their political subdivisions in the prevention
    and suppression of communicable diseases and with respect to other
    public health matters, shall cooperate with and aid State and local
    authorities in the enforcement of their quarantine and other health
    regulations, and shall advise the several States on matters
    relating to the preservation and improvement of the public health.
    (b) Comprehensive and continuing planning; training of personnel
        for State and local health work; fees
      The Secretary shall encourage cooperative activities between the
    States with respect to comprehensive and continuing planning as to
    their current and future health needs, the establishment and
    maintenance of adequate public health services, and otherwise
    carrying out public health activities.  The Secretary is also
    authorized to train personnel for State and local health work.  The
    Secretary may charge only private entities reasonable fees for the
    training of their personnel under the preceding sentence.
    (c) Development of plan to control epidemics and meet emergencies
        or problems resulting from disasters; cooperative planning;
        temporary assistance; reimbursement of United States
      (1) The Secretary is authorized to develop (and may take such
    action as may be necessary to implement) a plan under which
    personnel, equipment, medical supplies, and other resources of the
    Service and other agencies under the jurisdiction of the Secretary
    may be effectively used to control epidemics of any disease or
    condition and to meet other health emergencies or problems.  The
    Secretary may enter into agreements providing for the cooperative
    planning between the Service and public and private community
    health programs and agencies to cope with health problems
    (including epidemics and health emergencies).
      (2) The Secretary may, at the request of the appropriate State or
    local authority, extend temporary (not in excess of six months)
    assistance to States or localities in meeting health emergencies of
    such a nature as to warrant Federal assistance.  The Secretary may
    require such reimbursement of the United States for assistance
    provided under this paragraph as he may determine to be reasonable
    under the circumstances.  Any reimbursement so paid shall be
    credited to the applicable appropriation for the Service for the
    year in which such reimbursement is received.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 311, 58 Stat. 693; Pub. L.
    89-749, Sec. 5, Nov. 3, 1966, 80 Stat. 1190; Pub. L. 90-174, Sec.
    4, Dec. 5, 1967, 81 Stat. 536; Pub. L. 91-515, title II, Sec. 282,
    Oct. 30, 1970, 84 Stat. 1308; Pub. L. 94-317, title II, Sec.
    202(b), (c), June 23, 1976, 90 Stat. 703; Pub. L. 97-35, title IX,
    Sec. 902(c), Aug. 13, 1981, 95 Stat. 559; Pub. L. 97-414, Sec.
    8(d), Jan. 4, 1983, 96 Stat. 2060; Pub. L. 99-117, Sec. 11(a), Oct.
    7, 1985, 99 Stat. 494.)
 
-MISC1-
                                 AMENDMENTS
      1985 - Subsec. (c)(1). Pub. L. 99-117 struck out ''referred to in
    section 247b(f) of this title'' after ''epidemics of any disease or
    condition'', ''involving or resulting from disasters or any such
    disease'' after ''health emergencies or problems'' in first
    sentence, and struck out ''resulting from disasters or any disease
    or condition referred to in section 247b(f) of this title'' after
    ''(including epidemics and health emergencies)'' in second
    sentence.
      1983 - Subsec. (c)(2). Pub. L. 97-414 substituted ''six months''
    for ''forty-five days'' after ''not in excess of''.
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 902(c)(1), inserted
    applicability to other public health matters, and struck out
    reference to section 246 of this title.
      Subsec. (b). Pub. L. 97-35, Sec. 902(c)(2), substituted ''public
    health activities'' for ''the purposes of section 246 of this
    title''.
      1976 - Subsec. (b). Pub. L. 94-317, Sec. 202(c), inserted
    provision authorizing Secretary to charge only private entities
    reasonable fees for training of their personnel.
      Subsec. (c). Pub. L. 94-317, Sec. 202(b), made changes in
    phraseology and restructured provisions into pars. (1) and (2) and,
    in par. (1), as so restructured, inserted provisions authorizing
    Secretary to develop a plan utilizing Public Health Service
    personnel, equipment, medical supplies and other resources to
    control epidemics of any disease referred to in section 247b of
    this title.
      1970 - Subsecs. (a), (b). Pub. L. 91-515 substituted
    ''Secretary'' for ''Surgeon General'' wherever appearing.
      1967 - Subsec. (c). Pub. L. 90-174 added subsec. (c).
      1966 - Pub. L. 89-749 designated existing provisions as subsec.
    (a), added subsec. (b), and amended subsec. (b) to permit Surgeon
    General to train personnel for State and local health work.
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    902(h) of Pub. L. 97-35, set out as a note under section 238l of
    this title.
                      EFFECTIVE DATE OF 1966 AMENDMENT
      Section 5(a) of Pub. L. 89-749 provided that subsec. (b) of this
    section is effective July 1, 1966.
      Section 5(b) of Pub. L. 89-749 provided that the amendment of
    subsec. (b) of this section, permitting the Surgeon General to
    train personnel for State and local health work, is effective July
    1, 1967.
    TRAINING OF PRIVATE PERSONS SUBJECT TO REIMBURSEMENT OR ADVANCES TO
                               APPROPRIATIONS
      Pub. L. 103-333, title II, Sept. 30, 1994, 108 Stat. 2550,
    provided in part: ''That for fiscal year 1995 and subsequent fiscal
    years training of private persons shall be made subject to
    reimbursement or advances to this appropriation for not in excess
    of the full cost of such training''.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 7610 of this title.
 
-CITE-
    42 USC Sec. 244                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
 
-HEAD-
    Sec. 244. Repealed. Pub. L. 93-353, title I, Sec. 102(a), July 23,
        1974, 88 Stat. 362
 
-MISC1-
      Section, acts July 1, 1944, ch. 373, title III, Sec. 312, 58
    Stat. 693; July 3, 1946, ch. 538, Sec. 8, 60 Stat. 424; Dec. 5,
    1967, Pub. L. 90-174, Sec. 12(b), 81 Stat. 541; Oct. 30, 1970, Pub.
    L. 91-515, title II, Sec. 282, 84 Stat. 1308, provided for health
    conferences.  See section 242o(a) of this title.
 
-CITE-
    42 USC Sec. 244-1                                            01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
 
-HEAD-
    Sec. 244-1. Repealed. Pub. L. 94-484, title V, Sec. 503(b), Oct.
        12, 1976, 90 Stat. 2300
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title III, Sec. 312, formerly
    Sec. 306, as added Aug. 2, 1956, ch. 871, title I, Sec. 101, 70
    Stat. 923; amended July 23, 1959, Pub. L. 86-105, Sec. 1, 73 Stat.
    239; Sept 8, 1960, Pub. L. 86-720, Sec. 1(b), 74 Stat. 820; Aug.
    27, 1964, Pub. L. 88-497, Sec. 2, 78 Stat. 613; Aug. 16, 1968, Pub.
    L. 90-490, title III, Sec. 302(b), 82 Stat. 789; Mar. 12, 1970,
    Pub. L. 91-208, Sec. 3, 84 Stat. 52; Oct. 30, 1970, Pub. L. 91-515,
    title VI, Sec. 601(b)(2), 84 Stat. 1311; June 18, 1973, Pub. L.
    93-45, title I, Sec. 104(a), 87 Stat. 91; renumbered Sec. 312 and
    amended July 23, 1974, Pub. L. 93-353, title I, Sec. 102(b), 88
    Stat. 362; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(a)(1),
    90 Stat. 2244, related to graduate or specialized training for
    physicians, engineers, nurses, and other professional personnel.
                          EFFECTIVE DATE OF REPEAL
      Section 503(c) of Pub. L. 94-484 provided that: ''The amendments
    made by this section (amending former section 295f-2 of this title
    and repealing this section and section 245a of this title) shall
    take effect October 1, 1977.''
 
-CITE-
    42 USC Sec. 244a, 245                                        01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
 
-HEAD-
    Sec. 244a, 245. Repealed. Pub. L. 93-353, title I, Sec. 102(a),
        July 23, 1974, 88 Stat. 362
 
-MISC1-
      Section 244a, act July 1, 1944, ch. 373, title III, Sec. 312a, as
    added Aug. 31, 1954, ch. 1158, Sec. 2, 68 Stat. 1025, related to
    birth and death statistics, annual collection, and compensation for
    transcription.  See section 242k(h) of this title.
      Section 245, acts July 1, 1944, ch. 373, title III, Sec. 313, 58
    Stat. 693; Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 282, 84
    Stat. 1308, provided for collection of vital statistics.  See
    section 242k(g) of this title.
 
-CITE-
    42 USC Sec. 245a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
 
-HEAD-
    Sec. 245a. Repealed. Pub. L. 94-484, title V, Sec. 503(b), Oct. 12,
        1976, 90 Stat. 2300
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title III, Sec. 313, formerly
    Sec. 309, as added Sept. 8, 1960, Pub. L. 86-720, Sec. 1(a), 74
    Stat. 819; amended Aug. 27, 1964, Pub. L. 88-497, Sec. 3, 78 Stat.
    613; Nov. 3, 1966, Pub. L. 89-749, Sec. 4, 80 Stat. 1190; Dec. 5,
    1967, Pub. L. 90-174, Sec. 2(g), 8(c), 81 Stat. 534, 540; Aug. 16,
    1968, Pub. L. 90-490, title III, Sec. 302(a), 82 Stat. 788; Mar.
    12, 1970, Pub. L. 91-208, Sec. 1, 2, 84 Stat. 52; June 30, 1970,
    Pub. L. 91-296, title IV, Sec. 401(b)(1)(B), 84 Stat. 352; June 18,
    1973, Pub. L. 93-45, title I, Sec. 104(b), (c), 87 Stat. 91;
    renumbered Sec. 313 and amended July 23, 1974, Pub. L. 93-353,
    title I, Sec. 102(c), 88 Stat. 362; Oct. 12, 1976, Pub. L. 94-484,
    title I, Sec. 101(a)(2), (3), 90 Stat. 2244, related to graduate
    public health training grants.
                          EFFECTIVE DATE OF REPEAL
      Repeal effective Oct. 1, 1977, see section 503(c) of Pub. L.
    94-484, set out as a note under section 244-1 of this title.
 
-CITE-
    42 USC Sec. 246                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
 
-HEAD-
    Sec. 246. Grants and services to States
 
-STATUTE-
    (a) Comprehensive health planning and services
      (1) In order to assist the States in comprehensive and continuing
    planning for their current and future health needs, the Secretary
    is authorized during the period beginning July 1, 1966, and ending
    June 30, 1973, to make grants to States which have submitted, and
    had approved by the Secretary, State plans for comprehensive State
    health planning.  For the purposes of carrying out this subsection,
    there are hereby authorized to be appropriated $2,500,000 for the
    fiscal year ending June 30, 1967, $7,000,000 for the fiscal year
    ending June 30, 1968, $10,000,000 for the fiscal year ending June
    30, 1969, $15,000,000 for the fiscal year ending June 30, 1970,
    $15,000,000 for the fiscal year ending June 30, 1971, $17,000,000
    for the fiscal year ending June 30, 1972, $20,000,000 for the
    fiscal year ending June 30, 1973, and $10,000,000 for the fiscal
    year ending June 30, 1974.
      (2) In order to be approved for purposes of this subsection, a
    State plan for comprehensive State health planning must -
        (A) designate, or provide for the establishment of, a single
      State agency, which may be an interdepartmental agency, as the
      sole agency for administering or supervising the administration
      of the State's health planning functions under the plan;
        (B) provide for the establishment of a State health planning
      council, which shall include representatives of Federal, State,
      and local agencies (including as an ex officio member, if there
      is located in such State one or more hospitals or other health
      care facilities of the Department of Veterans Affairs, the
      individual whom the Secretary of Veterans Affairs shall have
      designated to serve on such council as the representative of the
      hospitals or other health care facilities of such Department
      which are located in such State) and nongovernmental
      organizations and groups concerned with health (including
      representation of the regional medical program or programs
      included in whole or in part within the State), and of consumers
      of health services, to advise such State agency in carrying out
      its functions under the plan, and a majority of the membership of
      such council shall consist of representatives of consumers of
      health services;
        (C) set forth policies and procedures for the expenditure of
      funds under the plan, which, in the judgment of the Secretary,
      are designed to provide for comprehensive State planning for
      health services (both public and private and including home
      health care), including the facilities and persons required for
      the provision of such services, to meet the health needs of the
      people of the State and including environmental considerations as
      they relate to public health;
        (D) provide for encouraging cooperative efforts among
      governmental or nongovernmental agencies, organizations and
      groups concerned with health services, facilities, or manpower,
      and for cooperative efforts between such agencies, organizations,
      and groups and similar agencies, organizations, and groups in the
      fields of education, welfare, and rehabilitation;
        (E) contain or be supported by assurances satisfactory to the
      Secretary that the funds paid under this subsection will be used
      to supplement and, to the extent practicable, to increase the
      level of funds that would otherwise be made available by the
      State for the purpose of comprehensive health planning and not to
      supplant such non-Federal funds;
        (F) provide such methods of administration (including methods
      relating to the establishment and maintenance of personnel
      standards on a merit basis, except that the Secretary shall
      exercise no authority with respect to the selection, tenure of
      office, and compensation of any individual employed in accordance
      with such methods) as are found by the Secretary to be necessary
      for the proper and efficient operation of the plan;
        (G) provide that the State agency will make such reports, in
      such form and containing such information, as the Secretary may
      from time to time reasonably require, and will keep such records
      and afford such access thereto as the Secretary finds necessary
      to assure the correctness and verification of such reports;
        (H) provide that the State agency will from time to time, but
      not less often than annually, review its State plan approved
      under this subsection and submit to the Secretary appropriate
      modifications thereof;
        (I) effective July 1, 1968, (i) provide for assisting each
      health care facility in the State to develop a program for
      capital expenditures for replacement, modernization, and
      expansion which is consistent with an overall State plan
      developed in accordance with criteria established by the
      Secretary after consultation with the State which will meet the
      needs of the State for health care facilities, equipment, and
      services without duplication and otherwise in the most efficient
      and economical manner, and (ii) provide that the State agency
      furnishing such assistance will periodically review the program
      (developed pursuant to clause (i)) of each health care facility
      in the State and recommend appropriate modification thereof;
        (J) provide for such fiscal control and fund accounting
      procedures as may be necessary to assure proper disbursement of
      and accounting for funds paid to the State under this subsection;
      and
        (K) contain such additional information and assurances as the
      Secretary may find necessary to carry out the purposes of this
      subsection.
      (3)(A) From the sums appropriated for such purpose for each
    fiscal year, the several States shall be entitled to allotments
    determined, in accordance with regulations, on the basis of the
    population and the per capita income of the respective States;
    except that no such allotment to any State for any fiscal year
    shall be less than 1 per centum of the sum appropriated for such
    fiscal year pursuant to paragraph (1). Any such allotment to a
    State for a fiscal year shall remain available for obligation by
    the State, in accordance with the provisions of this subsection and
    the State's plan approved thereunder, until the close of the
    succeeding fiscal year.
      (B) The amount of any allotment to a State under subparagraph (A)
    for any fiscal year which the Secretary determines will not be
    required by the State, during the period for which it is available,
    for the purposes for which allotted shall be available for
    reallotment by the Secretary from time to time, on such date or
    dates as he may fix, to other States with respect to which such a
    determination has not been made, in proportion to the original
    allotments to such States under subparagraph (A) for such fiscal
    year, but with such proportionate amount for any of such other
    States being reduced to the extent it exceeds the sum the Secretary
    estimates such State needs and will be able to use during such
    period; and the total of such reductions shall be similarly
    reallotted among the States whose proportionate amounts were not so
    reduced.  Any amount so reallotted to a State from funds
    appropriated pursuant to this subsection for a fiscal year shall be
    deemed part of its allotment under subparagraph (A) for such fiscal
    year.
      (4) From each State's allotment for a fiscal year under this
    subsection, the State shall from time to time be paid the Federal
    share of the expenditures incurred during that year or the
    succeeding year pursuant to its State plan approved under this
    subsection.  Such payments shall be made on the basis of estimates
    by the Secretary of the sums the State will need in order to
    perform the planning under its approved State plan under this
    subsection, but with such adjustments as may be necessary to take
    account of previously made underpayments or overpayments.  The
    ''Federal share'' for any State for purposes of this subsection
    shall be all, or such part as the Secretary may determine, of the
    cost of such planning, except that in the case of the allotments
    for the fiscal year ending June 30, 1970, it shall not exceed 75
    per centum of such cost.
    (b) Project grants for areawide health planning; authorization of
        appropriations; prerequisites for grants; application; contents
      (1)(A) The Secretary is authorized, during the period beginning
    July 1, 1966, and ending June 30, 1974, to make, with the approval
    of the State agency administering or supervising the administration
    of the State plan approved under subsection (a) of this section,
    project grants to any other public or nonprofit private agency or
    organization (but with appropriate representation of the interests
    of local government where the recipient of the grant is not a local
    government or combination thereof or an agency of such government
    or combination) to cover not to exceed 75 per centum of the costs
    of projects for developing (and from time to time revising)
    comprehensive regional, metropolitan area, or other local area
    plans for coordination of existing and planned health services,
    including the facilities and persons required for provision of such
    services; and including the provision of such services through home
    health care; except that in the case of project grants made in any
    State prior to July 1, 1968, approval of such State agency shall be
    required only if such State has such a State plan in effect at the
    time of such grants.  No grant may be made under this subsection
    after June 30, 1970, to any agency or organization to develop or
    revise health plans for an area unless the Secretary determines
    that such agency or organization provides means for appropriate
    representation of the interests of the hospitals, other health care
    facilities, and practicing physicians serving such area, and the
    general public.  For the purposes of carrying out this subsection,
    there are hereby authorized to be appropriated $5,000,000 for the
    fiscal year ending June 30, 1967, $7,500,000 for the fiscal year
    ending June 30, 1968, $10,000,000 for the fiscal year ending June
    30, 1969, $15,000,000 for the fiscal year ending June 30, 1970,
    $20,000,000 for the fiscal year ending June 30, 1971, $30,000,000
    for the fiscal year ending June 30, 1972, $40,000,000 for the
    fiscal year ending June 30, 1973, and $25,100,000 for the fiscal
    year ending June 30, 1974.
      (B) Project grants may be made by the Secretary under
    subparagraph (A) to the State agency administering or supervising
    the administration of the State plan approved under subsection (a)
    of this section with respect to a particular region or area, but
    only if (i) no application for such a grant with respect to such
    region or area has been filed by any other agency or organization
    qualified to receive such a grant, and (ii) such State agency
    certifies, and the Secretary finds, that ample opportunity has been
    afforded to qualified agencies and organizations to file
    application for such a grant with respect to such region or area
    and that it is improbable that, in the foreseeable future, any
    agency or organization which is qualified for such a grant will
    file application therefor.
      (2)(A) In order to be approved under this subsection, an
    application for a grant under this subsection must contain or be
    supported by reasonable assurances that there has been or will be
    established, in or for the area with respect to which such grant is
    sought, an areawide health planning council.  The membership of
    such council shall include representatives of public, voluntary,
    and nonprofit private agencies, institutions, and organizations
    concerned with health (including representatives of the interests
    of local government of the regional medical program for such area,
    and of consumers of health services).  A majority of the members of
    such council shall consist of representatives of consumers of
    health services.
      (B) In addition, an application for a grant under this subsection
    must contain or be supported by reasonable assurances that the
    areawide health planning agency has made provision for assisting
    health care facilities in its area to develop a program for capital
    expenditures for replacement, modernization, and expansion which is
    consistent with an overall State plan which will meet the needs of
    the State and the area for health care facilities, equipment, and
    services without duplication and otherwise in the most efficient
    and economical manner.
    (c) Project grants for training, studies, and demonstrations;
        authorization of appropriations
      The Secretary is also authorized, during the period beginning
    July 1, 1966, and ending June 30, 1974, to make grants to any
    public or nonprofit private agency, institution, or other
    organization to cover all or any part of the cost of projects for
    training, studies, or demonstrations looking toward the development
    of improved or more effective comprehensive health planning
    throughout the Nation. For the purposes of carrying out this
    subsection, there are hereby authorized to be appropriated
    $1,500,000 for the fiscal year ending June 30, 1967, $2,500,000 for
    the fiscal year ending June 30, 1968, $5,000,000 for the fiscal
    year ending June 30, 1969, $7,500,000 for the fiscal year ending
    June 30, 1970, $8,000,000 for the fiscal year ending June 30, 1971,
    $10,000,000 for the fiscal year ending June 30, 1972, $12,000,000
    for the fiscal year ending June 30, 1973, and $4,700,000 for the
    fiscal year ending June 30, 1974.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 314, 58 Stat. 693; July 3,
    1946, ch. 538, Sec. 9, 60 Stat. 424; June 16, 1948, ch. 481, Sec.
    5, 62 Stat. 468; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff.  Apr. 11,
    1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 852, Sec. 18,
    70 Stat. 910; Pub. L. 85-544, Sec. 1, July 22, 1958, 72 Stat. 400;
    Pub. L. 87-395, Sec. 2(a)-(d), Oct. 5, 1961, 75 Stat. 824; Pub. L.
    87-688, Sec. 4(a)(1), Sept. 25, 1962, 76 Stat. 587; Pub. L. 89-109,
    Sec. 4, Aug. 5, 1965, 79 Stat. 436; Pub. L. 89-749, Sec. 3, Nov. 3,
    1966, 80 Stat. 1181; Pub. L. 90-174, Sec. 2(a)-(f), 3(b)(2), 8(a),
    (b), 12(d), Dec. 5, 1967, 81 Stat. 533-535, 540, 541; Pub. L.
    91-296, title I, Sec. 111(b), title IV, Sec. 401(b)(1)(C), (D),
    June 30, 1970, 84 Stat. 340, 352; Pub. L. 91-513, title I, Sec.
    3(b), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 91-515, title II, Sec.
    220, 230, 240, 250, 260(a)-(c)(1), 282, Oct. 30, 1970, 84 Stat.
    1304-1306, 1308; Pub. L. 91-616, title III, Sec. 331, Dec. 31,
    1970, 84 Stat. 1853; Pub. L. 91-648, title IV, Sec. 403, Jan. 5,
    1971, 84 Stat. 1925, as amended Pub. L. 95-454, title VI, Sec.
    602(c), Oct. 13, 1978, 92 Stat. 1189; Pub. L. 92-255, title IV,
    Sec. 403(a), Mar. 21, 1972, 86 Stat. 77; Pub. L. 93-45, title I,
    Sec. 106, June 18, 1973, 87 Stat. 92; Pub. L. 93-151, Sec. 8, Nov.
    9, 1973, 87 Stat. 568; Pub. L. 94-63, title I, Sec. 102, title V,
    Sec. 501(b), title VII, Sec. 701(a), (b), July 29, 1975, 89 Stat.
    304, 346, 352; Pub. L. 94-484, title IX, Sec. 905(b)(1), Oct. 12,
    1976, 90 Stat. 2325; Pub. L. 95-83, title III, Sec. 302, Aug. 1,
    1977, 91 Stat. 387; Pub. L. 95-454, title VI, Sec. 602(c), Oct. 13,
    1978, 92 Stat. 1189; Pub. L. 95-622, title I, Sec. 109, Nov. 9,
    1978, 92 Stat. 3417; Pub. L. 95-626, title II, Sec. 201(a), (b)(2),
    Nov. 10, 1978, 92 Stat. 3570; Pub. L. 96-32, Sec. 6(e), (f), July
    10, 1979, 93 Stat. 83; Pub. L. 96-79, title I, Sec. 115(k)(2), Oct.
    4, 1979, 93 Stat. 610; Pub. L. 96-398, title I, Sec. 107(d), Oct.
    7, 1980, 94 Stat. 1571; Pub. L. 97-35, title IX, Sec. 902(b), Aug.
    13, 1981, 95 Stat. 559; Pub. L. 99-117, Sec. 12(a), Oct. 7, 1985,
    99 Stat. 495; Pub. L. 102-54, Sec. 13(q)(1)(D), June 13, 1991, 105
    Stat. 279.)
 
-MISC1-
                                 AMENDMENTS
      1991 - Subsec. (a)(2)(B). Pub. L. 102-54 substituted ''Department
    of Veterans Affairs'' for ''Veterans' Administration'', ''Secretary
    of Veterans Affairs'' for ''Administrator of Veterans' Affairs''
    and ''such Department'' for ''such Administration''.
      1985 - Subsec. (g). Pub. L. 99-117 directed that subsec. (g) be
    repealed.  Previously, subsec. (g) was repealed by Pub. L. 96-398.
    See 1980 Amendment note below.
      1981 - Subsec. (d). Pub. L. 97-35 struck out subsec. (d) which
    related to grants for services, form, manner, etc., of application,
    review of activities undertaken, allotments, and authorization of
    appropriations.
      1980 - Subsec. (g). Pub. L. 96-398 struck out subsec. (g) which
    related to application, procedures applicable, amount, etc., for
    State mental health program grants.
      1979 - Subsec. (d)(2)(C)(ii). Pub. L. 96-32, Sec. 6(e),
    substituted ''uniform national health program reporting system''
    for ''uniform national reporting system''.
      Subsec. (d)(4)(A). Pub. L. 96-32, Sec. 6(f), in provision
    following subd. (II) of cl. (ii), substituted ''the preceding
    provisions of this subparagraph'' for ''clauses (i) and (ii)'' and
    ''amount'' for ''amounts'' and inserted provision that if the
    amount appropriated for a fiscal year is equal to or less than the
    amount appropriated for fiscal year ending Sept. 30, 1979, the
    total amount of grants for a State health authority shall be an
    amount which bears the same ratio to the amount appropriated as the
    total amount of grants received by such authority from
    appropriations for fiscal year ending Sept. 30, 1979, bears to the
    amount appropriated for that fiscal year.
      Subsec. (g)(2)(D)(iv). Pub. L. 96-79 substituted ''a plan which
    is consistent with the State health plan in effect for the State
    under section 300m-3(c) of this title and'' for ''a plan''.
      1978 - Subsec. (d). Pub. L. 95-626, Sec. 201(b)(2), completely
    revised subsec. (d) under which the Secretary is authorized to make
    grants to State health authorities to assist in meeting the costs
    of providing comprehensive public health services by including
    requirements that the States submit an application outlining how
    funds will be used to supplement non-Federal support for the
    provision of public health services in the State, by setting out
    formulae under which funds will be made available to States
    including definitions of ''applicable grant computation
    percentage'' and ''State and local expenditures for comprehensive
    public health services'', by requiring implementation of a national
    health program reporting system to assure accountability for
    expenditure of funds, and by authorizing appropriations of
    $150,000,000 for fiscal year ending Sept. 30, 1980, and
    $170,000,000 for fiscal year ending Sept. 30, 1981.
      Subsec. (d)(7)(A). Pub. L. 95-626, Sec. 201(a)(1), inserted
    provision authorizing an appropriation of $103,000,000 for fiscal
    year ending Sept. 30, 1979.
      Subsec. (d)(7)(B). Pub. L. 95-626, Sec. 201(a)(2), inserted
    provision authorizing an appropriation of $20,000,000 for fiscal
    year ending Sept. 30, 1979.
      Subsec. (f). Pub. L. 95-454 designated existing provisions of
    section 403 of Pub. L. 91-648 (see 1971 Amendment note below) as
    subsec. (a) thereof and added subsec. (b) thereto repealing subsec.
    (f) of this section as subsec. (f) of this section had applied to
    commissioned officers of the Public Health Service.
      Subsec. (g). Pub. L. 95-622 substituted provisions relating to
    grants for State mental health programs for provisions relating to
    regulations and amendments with respect to grants to States under
    subsecs. (a) and (d) and reduction and suspension of subsec. (a)
    and (d) grant payments.
      1977 - Subsec. (d)(7)(A). Pub. L. 95-83, Sec. 302(a), substituted
    provision for an appropriation authorization for fiscal year ending
    Sept. 30, 1977, for prior such authorization for fiscal year 1977,
    and authorized appropriation of $106,750,000 for fiscal year ending
    Sept. 30, 1978.
      Subsec. (d)(7)(B). Pub. L. 95-83, Sec. 302(b), substituted
    provision for an appropriation authorization for fiscal year ending
    Sept. 30, 1977, for prior such authorization for fiscal year 1977,
    and authorized appropriation of $12,680,000 for fiscal year ending
    Sept. 30, 1978.
      1976 - Subsec. (g)(4)(B). Pub. L. 94-484 defined ''State'' to
    include the Northern Mariana Islands.
      1975 - Subsec. (d). Pub. L. 94-63, Sec. 102, 701(a), substituted
    provisions relating to grants made pursuant to allotments to State
    health and mental health authorities for meeting the costs of
    providing comprehensive public health services, for provisions
    relating to grants made pursuant to appropriations for fiscal year
    ending June 30, 1968 to fiscal year ending June 30, 1975, to State
    health or mental health authorities to aid in the establishment and
    maintenance of adequate public health services, including the
    training of personnel for State and local health work.
      Subsec. (e). Pub. L. 94-63, Sec. 501(b), 701(b), struck out
    subsec. (e) which authorized appropriations from fiscal year ending
    June 30, 1968 through fiscal year ending June 30, 1975 for project
    grants for health services and related training, set forth
    procedures for making such grants, and prohibited grants after the
    fiscal year ending June 30, 1975, for provisions of this chapter
    amended by title VII of the Health Revenue Sharing and Health
    Services Act of 1975.
      1973 - Subsec. (a)(1). Pub. L. 93-45, Sec. 106(a)(1), authorized
    appropriations of $10,000,000 for fiscal year ending June 30, 1974.
      Subsec. (b)(1)(A). Pub. L. 93-45, Sec. 106(a)(2), (b), authorized
    appropriations of $25,100,000 for fiscal year ending June 30, 1974,
    and extended period for making project grants from June 30, 1973,
    to June 30, 1974.
      Subsec. (c). Pub. L. 93-45, Sec. 106(a)(3), (b), authorized
    appropriations of $4,700,000 for fiscal year ending June 30, 1974,
    and extended period for grants from June 30, 1973, to June 30,
    1974.
      Subsec. (d)(1). Pub. L. 93-45, Sec. 106(a)(4), authorized
    appropriations of $90,000,000 for fiscal year ending June 30, 1974.
      Subsec. (e). Pub. L. 93-151 prohibited use of appropriated funds
    for lead based paint poisoning control.
      Pub. L. 93-45, Sec. 106(a)(5), authorized appropriations of
    $230,700,000 for fiscal year ending June 30, 1974, and prohibited
    any grant for such fiscal year to cover cost of services described
    in cl. (1) or (2) of the first sentence if a grant or contract to
    cover cost of such services may be made or entered into from funds
    authorized to be appropriated for such fiscal year under an
    appropriations authorization in any provision of this chapter
    (other than this subsection) amended by title I of the Health
    Programs Extension Act of 1973.
      1972 - Subsec. (d)(2)(K). Pub. L. 92-255 required State plans to
    provide for licensing of facilities for treatment and
    rehabilitation of persons with drug abuse and other drug dependence
    problems and for expansion of State mental health programs and
    other prevention and treatment programs in the field of drug abuse
    and drug dependence.
      1971 - Subsec. (f). Pub. L. 91-648, Sec. 403(a), as amended by
    Pub. L. 94-454, Sec. 602(c), repealed subsec. (f) which authorized
    the Secretary to arrange the interchange of personnel with States
    to aid in discharge of responsibilities in field of health care,
    except as subsec. (b) applied to commissioned officers of the
    Public Health Service. See 1978 Amendment note above.
      1970 - Pub. L. 91-515, Sec. 282, substituted ''Secretary'' for
    ''Surgeon General'' in subsecs. (a)(1), (a)(2)(C), (E) to (H), (K),
    (a)(3)(B), (a)(4), (b)(1)(A), (c), (d)(1), (d)(2)(C), (F) to (H),
    (J), (d)(4)(A), (d)(6), and (g)(1) to (3).
      Subsec. (a)(1). Pub. L. 91-515, Sec. 220(a), extended period for
    making grants to States from June 30, 1970 to June 30, 1973, and
    authorized appropriations for the fiscal years ending June 30,
    1971, June 30, 1972, and June 30, 1973.
      Subsec. (a)(2)(B). Pub. L. 91-515, Sec. 220(b), (c), inserted
    provisions authorizing appointment of an exofficio member from
    representatives of Federal, State, and local agencies involved, and
    requiring representation of the regional medical program or
    programs included in whole or in part within the State.
      Subsec. (a)(2)(C). Pub. L. 91-515, Sec. 220(d), inserted ''and
    including home health care'' after ''private'' and ''and including
    environmental considerations as they relate to public health''
    after ''people of the State''.
      Subsec. (b). Pub. L. 91-515, Sec. 230, redesignated existing
    provisions as subsec. (b)(1)(A), and, as so redesignated, extended
    period for making project grants from June 30, 1970 to June 30,
    1973, inserted ''and including the provision of such services
    through home health care'' after ''such services'', and authorized
    appropriations for the fiscal years ending June 30, 1971, June 30,
    1972, and June 30, 1973, and added subsec. (b)(1)(B) and (b)(2).
      Pub. L. 91-296, Sec. 111(b), inserted provisions requiring that
    before grants be made to agencies or organizations to develop or
    revise health plans for an area the Secretary determine that the
    agency or organization provides means for appropriate
    representation of the interests of the hospitals, practicing
    physicians, and the general public.
      Subsec. (c). Pub. L. 91-515, Sec. 240, extended period for making
    grants from June 30, 1970, to June 30, 1973, and authorized
    appropriations for the fiscal years ending June 30, 1971, June 30,
    1972, and June 30, 1973.
      Subsec. (d)(1). Pub. L. 91-515, Sec. 250(a), authorized
    appropriations for fiscal years ending June 30, 1971, June 30,
    1972, and June 30, 1973.
      Pub. L. 91-296, Sec. 401(b)(1)(C), struck out except which
    provided for use of up to 1 per centum by Secretary for evaluation.
      Subsec. (d)(2)(C). Pub. L. 91-515, Sec. 250(b), inserted
    provisions requiring State plan to contain assurances that the plan
    is compatible with total health program of the State.
      Subsec. (d)(2)(K). Pub. L. 91-513 added subpar. (K).
      Subsec. (d)(2)(L). Pub. L. 91-616 added subpar. (L).
      Subsec. (e). Pub. L. 91-515, Sec. 260(a), (b), (c)(1), inserted
    provisions authorizing appropriations for fiscal years ending June
    30, 1971, June 30, 1972, and June 30, 1973, provisions authorizing
    grants to cover part of cost of equity requirements and
    amortization of loans on facilities acquired from the Office of
    Economic Opportunity or construction in connection with any program
    or project transferred from the Office of Economic Opportunity, and
    provisions requiring the application for any grant made under this
    subsection to be referred for review and comment to the appropriate
    areawide health planning agency, or, if no such agency is in the
    area, then to such other public or nonprofit private agency or
    organization (if any) which performs similar functions.
      Pub. L. 91-296, Sec. 401(b)(1)(D), struck out provision for use
    of up to 1 per centum of appropriation for grants under subsec. (e)
    by the Secretary for evaluation.
      1967 - Subsec. (a)(1). Pub. L. 90-174, Sec. 2(a)(1), extended
    period for making grants to States from June 30, 1968, to June 30,
    1970, increased appropriations authorization for fiscal year ending
    June 30, 1968, from $5,000,000 to $7,000,000, and authorized
    appropriations of $10,000,000 and $15,000,000 for fiscal years
    ending June 30, 1969, and 1970, respectively.
      Subsec. (a)(2)(I) to (K). Pub. L. 90-174, Sec. 2(a)(2), added
    subpar. (I) and redesignated former subpars. (I) and (J) as (J) and
    (K), respectively.
      Subsec. (a)(4). Pub. L. 90-174, Sec. 2(a)(3), limited Federal
    share of expenditures, in case of allotments for fiscal year ending
    June 30, 1968, to 75 per centum of cost of planning.
      Subsec. (b). Pub. L. 90-174, Sec. 2(b)(1), (2), extended period
    for making grants to public or nonprofit private organizations from
    June 30, 1968, to June 30, 1970, and authorized appropriations of
    $10,000,000 and $15,000,000 for fiscal years ending June 30, 1969,
    and 1970, respectively, and provided for appropriate representation
    of interests of local government where recipient of grant is not a
    local government or combination thereof or an agency of such
    government or combination, respectively.
      Subsec. (c). Pub. L. 90-174, Sec. 2(c), extended period for
    making grants to public or nonprofit private organizations from
    June 30, 1968, to June 30, 1970, and authorized appropriations of
    $5,000,000 and $7,500,000 for fiscal years ending June 30, 1969,
    and 1970, respectively.
      Subsec. (d)(1). Pub. L. 90-174, Sec. 2(d)(1), 8(a), increased
    appropriations authorization for fiscal year ending June 30, 1968,
    from $62,500,000 to $70,000,000, and authorized appropriations of
    $90,000,000 and $100,000,000 for fiscal years ending June 30, 1969,
    and 1970, respectively, and made program evaluation funds available
    for any fiscal year ending after June 30, 1968, respectively.
      Subsec. (d)(5). Pub. L. 90-174, Sec. 2(d)(2), made Federal share
    of 66 2/3 per centum applicable to the Trust Territory of the
    Pacific Islands.
      Subsec. (d)(7). Pub. L. 90-174, Sec. 2(d)(3), provided for an
    allocation of 70 per centum of funds for provision under the State
    plan of services in communities of the State.
      Subsec. (e). Pub. L. 90-174, Sec. 2(e), 3(b)(2), 8(b), increased
    appropriations authorization for fiscal year ending June 30, 1968,
    from $62,500,000 to $90,000,000, authorized appropriations of
    $95,000,000 and $80,000,000 for fiscal years ending June 30, 1969,
    and 1970, respectively, inserted ''(including related training)''
    after ''providing services'' in cl. (1), substituted ''developing''
    for ''stimulating'' and inserted ''(including related training)''
    after ''health services'' in cl. (2), struck out cl. (3) which
    authorized grants to cover part of cost of undertaking studies,
    demonstrations, or training designed to develop new methods or
    improve existing methods of providing health services, and made
    program evaluation funds available for any fiscal year ending after
    June 30, 1968.
      Subsec. (f)(5). Pub. L. 90-174, Sec. 12(d)(1), inserted ''for''
    before ''the expenses of travel''.
      Subsec. (f)(6), (8). Pub. L. 90-174, Sec. 12(d)(2), substituted
    ''Department'' for ''Service''.
      Subsec. (g)(4)(B). Pub. L. 90-174, Sec. 2(f), defined ''State''
    to include the Trust Territory of the Pacific Islands.
      1966 - Subsec. (a). Pub. L. 89-749 substituted provisions
    authorizing the Surgeon General to make grants to States to assist
    in comprehensive and continuing planning for their current and
    future health needs, authorizing appropriations therefor, setting
    out the requirements for an acceptable State plan for comprehensive
    State health planning, covering the allotting of the appropriated
    sums to the States, and the payment of the allotted funds, for
    provisions authorizing the Surgeon General, through the use of
    grants and other assistance, to help local programs of prevention,
    treatment, and control of venereal diseases, covering the payment
    of the costs of assistance by personnel of the Public Health
    Service to assist in carrying out the purposes of the section with
    respect to venereal disease, and authorizing the appropriation of
    funds.
      Subsec. (b). Pub. L. 89-749 substituted provisions for project
    grants by the Surgeon General covering the development of
    comprehensive regional, metropolitan, or local coordination of
    existing and planned health facilities and persons required for
    providing services and the authorization of appropriations of
    $5,000,000 for fiscal 1967 and $7,500,000 for fiscal 1968 for
    provisions authorizing the appropriation of funds to enable the
    Surgeon General to aid in the development of measures for the local
    prevention, treatment, and control of tuberculosis.
      Subsec. (c). Pub. L. 89-749 substituted provisions for project
    grants for the development of improved or more effective
    comprehensive health planning throughout the United States and the
    authorization of appropriations of $1,500,000 for fiscal 1967 and
    $2,500,000 for fiscal 1968 for provisions authorizing the Surgeon
    General to assist, through grants and otherwise, in the
    establishment and maintenance of adequate public health services by
    States, counties, health districts, and other political
    subdivisions, authorizing appropriations therefor, and covering the
    allotment, payment, and allocation of appropriated funds.
      Subsec. (d). Pub. L. 89-749 substituted provisions authorizing
    grants by the Surgeon General to State health or mental health
    authorities to assist in establishing and maintaining adequate
    public health services, setting out the requirements for an
    acceptable State plan for the supplying of public health services,
    authorizing an appropriation of $62,500,000 for fiscal 1968, the
    allotment of appropriated funds, payments to States, and the
    determination of the Federal share for provisions covering the
    allotment of appropriated funds among the several States on the
    basis of population, incidence of venereal disease, tuberculosis,
    mental health problems, and the financial needs of the various
    States.
      Subsec. (e). Pub. L. 89-749 substituted provisions for project
    grants for health services development to public or private
    nonprofit agencies and for the authorization of an appropriation of
    $62,500,000 for fiscal 1968 for provisions covering the
    establishment and maintenance of community programs of heart
    disease control and the allotments and appropriations therefor.
      Subsec. (f). Pub. L. 89-749 substituted provisions covering the
    interchange of personnel with States, the application of statutes
    covering Federal employees to interchanged personnel, and the
    coverage of State officers and employees, for provisions for the
    determination and certification of amounts paid to each State from
    allotments thereto.
      Subsec. (g). Pub. L. 89-749 substituted provisions for
    consultation with State health planning agencies concerning
    regulations and amendments with respect to grants to States, the
    reduction of payments, cessation of payments for non-compliance,
    and definitions, for provisions limiting the expending of grant
    funds for purposes specified by statute and by the agency,
    organization, or institution to which payment was made.
      Subsecs. (h) to (m). Pub. L. 89-749 struck out subsecs. (h) to
    (m) which dealt, respectively, with requirement that State funds be
    provided for same purpose as that for which allotted funds are
    spent, cessation of Federal aid and procedures in connection
    therewith, promulgation of rules and regulations and consultation
    with State health authorities precedent thereto, availability of
    appropriated funds for administrative expenses including printing
    and travel expenses, applicability of section to Guam and Samoa,
    and reduction of payments commensurate to expense of detailing of
    Public Health Service personnel to States.
      1965 - Subsec. (c). Pub. L. 89-109 substituted ''first six fiscal
    years ending after June 30, 1961'' for ''first five fiscal years
    ending after June 30, 1961'' and ''$5,000,000'' for ''$2,500,000''.
      1962 - Subsec. (l). Pub. L. 87-688 inserted ''and American
    Samoa'', ''or American Samoa'', and ''or American Samoa,
    respectively'' after ''Guam''.
      1961 - Subsec. (c). Pub. L. 87-395, Sec. 2(a)-(c), substituted
    ''of the first five fiscal years ending after June 30, 1961, the
    sum of $50,000,000'' for ''fiscal year a sum not to exceed
    $30,000,000'', ''such amount as may be necessary'' for ''an amount,
    not to exceed $3,000,000'', ''$2,500,000'' for ''$1,000,000'', and
    provided that when an appropriating act provides that the amounts
    it specifies are available only for allotments and payments for
    such services and activities under this subsection as specified in
    such act, the requirements of subsec. (h) shall apply to such
    allotments and payments.
      Subsec. (m). Pub. L. 87-395, Sec. 2(d), added subsec. (m).
      1958 - Subsec. (c). Pub. L. 85-544 designated existing provisions
    of second sentence as cl. (1) and added cl. (2).
      1956 - Subsec. (l). Act Aug. 1, 1956, added subsec. (l).
      1948 - Subsec. (e). Act June 16, 1948, Sec. 5(a), added subsec.
    (e) to provide for community programs of heart disease control.
    Former subsec. (e) redesignated (f).
      Subsec. (f). Act June 16, 1948, Sec. 5(a), (b), redesignated
    former subsec. (e) as (f) and inserted proviso relating to
    determination and certification of amounts to be paid under subsec.
    (e). Former subsec. (f) redesignated (g).
      Subsec. (g). Act June 16, 1948, Sec. 5(a), (c), redesignated
    former subsec. (f) as (g) and brought subsecs. (e) and (f)(1)
    within the provisions of this subsection.  Former subsec. (g)
    redesignated (h).
      Subsec. (h). Act June 16, 1948, Sec. 5(a), (d), redesignated
    former subsec. (g) as (h) and made subsection applicable to
    agencies, institutions or other organizations specified in subsec.
    (f)(1). Former subsec. (h) redesignated (i).
      Subsec. (i). Act June 16, 1948, Sec. 5(a), (e), redesignated
    former subsec. (h) as (i), made subsection applicable to subsec.
    (e), and made technical changes as a result of the renumbering of
    subsections.  Former subsec. (i) redesignated (j).
      Subsecs. (j), (k). Act June 16, 1948, Sec. 5(a), redesignated
    former subsecs. (i) and (j) as (j) and (k), respectively.
      1946 - Subsec. (c). Act July 3, 1946, increased annual
    appropriation from $20,000,000 to $30,000,000, and increased annual
    amount available to provide demonstrations and to train personnel
    for State and local health work from $2,000,000 to $3,000,000.
      Subsec. (d). Act July 3, 1946, provided that Surgeon General
    shall give special consideration to the extent of the mental health
    problem as well as other special problems.
      Subsecs. (f), (h), (i). Act July 3, 1946, provided that in
    matters relating to work in field of mental health Surgeon General
    shall deal with State mental health authorities where they differ
    from general health authorities.
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    902(h) of Pub. L. 97-35, set out as a note under section 238l of
    this title.
                      EFFECTIVE DATE OF 1980 AMENDMENT
      Section 107(d) of Pub. L. 96-398 provided that the amendment made
    by that section is effective Sept. 30, 1981. See Repeals note
    below.
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-79 effective one year after Oct. 4, 1979,
    see section 129(a) of Pub. L. 96-79.
                     EFFECTIVE DATE OF 1978 AMENDMENTS
      Section 201(b)(2) of Pub. L. 95-626 provided that the amendment
    made by section is effective Oct. 1, 1979.
      Section 403(b) of Pub. L. 91-648, as added by section 602(c) of
    Pub. L. 95-454, provided that the repeal of subsec. (f) of this
    section (as applicable to commissioned officers of the Public
    Health Service) is effective beginning on the effective date of the
    Civil Service Reform Act of 1978, i.e., 90 days after Oct. 13,
    1978.
                      EFFECTIVE DATE OF 1975 AMENDMENT
      Section 102 of Pub. L. 94-63 provided that the amendment made by
    that section is effective with respect to grants made under subsec.
    (d) of this section from appropriations under such subsection for
    fiscal years beginning after June 30, 1975.
      Amendment by section 501(b) of Pub. L. 94-63 effective July 1,
    1975, see section 608 of Pub. L. 94-63, set out as a note under
    section 247b of this title.
                      EFFECTIVE DATE OF 1971 AMENDMENT
      Repeal of subsec. (f) of this section (less applicability to
    commissioned officers of the Public Health Service) by section
    403(a) of Pub. L. 91-648, as amended by Pub. L. 94-454, Sec.
    602(c), effective sixty days after Jan. 5, 1971, see section 404 of
    Pub. L. 91-648, set out as an Effective Date note under section
    3371 of Title 5, Government Organization and Employees.
                     EFFECTIVE DATE OF 1970 AMENDMENTS
      Section 260(c)(2) of Pub. L. 91-515 provided that: ''The
    amendment made by paragraph (1) (amending this section) shall be
    effective with respect to grants under section 314(c) of the Public
    Health Service Act (subsec. (e) of this section) which are made
    after the date of enactment of this Act (Oct. 30, 1970.)''
      Section 401(b)(1) of Pub. L. 91-296 provided that the amendment
    made by that section is effective with respect to appropriations
    for fiscal years beginning after June 30, 1970.
                      EFFECTIVE DATE OF 1967 AMENDMENT
      Section 2(d)(2), (f) of Pub. L. 90-174 provided that the
    amendments made by that section are effective July 1, 1968.
      Section 3(b) of Pub. L. 90-174 provided that the amendment of
    this section, the repeal of section 291n of this title, and the
    enactment of provisions set out as a note under section 242b of
    this title by such section 3(b) is effective with respect to
    appropriations for fiscal years ending after June 30, 1967.
                      EFFECTIVE DATE OF 1966 AMENDMENT
      Section 6 of Pub. L. 89-749 provided in part that: ''The
    amendments made by section 3 (amending this section) shall become
    effective as of July 1, 1966, except that the provisions of section
    314 of the Public Health Service Act (this section) as in effect
    prior to the enactment of this Act shall be effective until July 1,
    1967, in lieu of the provisions of subsections (d) and (e), and the
    provisions of subsections (g) insofar as they relate to such
    subsections (d) and (e), of section 314 of the Public Health
    Service Act (this section) as amended by this Act.''
                      EFFECTIVE DATE OF 1962 AMENDMENT
      Section 4(b) of Pub. L. 87-688 provided that: ''The amendments
    made by this section (amending this section and sections 291g,
    291i, and 291t of this title) shall become effective July 1,
    1962.''
              EFFECTIVE AND TERMINATION DATE OF 1958 AMENDMENT
      Section 2 of Pub. L. 85-544 provided that: ''The amendment made
    by the first section of this Act (amending this section) shall be
    applicable only to the fiscal years beginning July 1, 1958, and
    July 1, 1959.''
                      EFFECTIVE DATE OF 1956 AMENDMENT
      Section 18 of act Aug. 1, 1956, provided that the amendment made
    by that section is effective July 1, 1956.
                                  REPEALS
      The directory language of, but not the amendment made by, Pub. L.
    96-398, title I, Sec. 107(d), cited as a credit to this section and
    set out as an Effective Date of 1980 Amendment note above, which
    provided for repeal of subsec. (g) of this section, effective Sept.
    30, 1981, was repealed by section 902(e)(1) of Pub. L. 97-35, title
    IX, Aug. 13, 1981, 95 Stat. 560, effective Oct. 1, 1981.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions, powers, and duties of Secretary of Health and Human
    Services under subsecs. (a)(2)(F) and (d)(2)(F) of this section,
    insofar as relates to the prescription of personnel standards on a
    merit basis, transferred to Office of Personnel Management, see
    section 4728(a)(3)(C) of this title.
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare and all agencies of
    Federal Security Agency transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out as a note under section 3501 of this title.  Federal
    Security Agency and office of Administrator abolished by section 8
    of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,
    Education, and Welfare redesignated Secretary and Department of
    Health and Human Services by section 509(b) of Pub. L. 96-88 which
    is classified to section 3508(b) of Title 20, Education.
 
-MISC5-
                    YEAR 2000 HEALTH OBJECTIVES PLANNING
      Pub. L. 101-582, Nov. 15, 1990, 104 Stat. 2867, provided for
    grants for State plans regarding health objectives for year 2000,
    prior to repeal by Pub. L. 102-531, title I, Sec. 105, Oct. 27,
    1992, 106 Stat. 3474.
                   CONGRESSIONAL FINDINGS AND DECLARATION
      Section 201(b)(1) of Pub. L. 95-626 provided that: ''The Congress
    finds and declares that -
        ''(A) individual health status can be effectively and
      economically improved through an adequate investment in community
      public health programs and services;
        ''(B) the Federal Government and the States and their
      communities share in the financial responsibility for funding
      public health programs;
        ''(C) the Federal contribution to funds for public health
      programs should serve as an incentive to an additional investment
      by State and local governments;
        ''(D) existing categorical programs of Federal financial
      assistance to combat specific public health problems should be
      supplemented by a national program of stable generic support for
      such public health activities as the prevention and control of
      environmental health hazards, prevention and control of diseases,
      prevention and control of health problems of particularly
      vulnerable population groups, and development and regulation of
      health care facilities and health services delivery systems; and
        ''(E) the States and their communities, not the Federal
      Government, should have primary responsibility for identifying
      and measuring the impact of public health problems and the
      allocation of resources for their amelioration.''
      Section 2 of Pub. L. 89-749 provided that:
      ''(a) The Congress declares that fulfillment of our national
    purpose depends on promoting and assuring the highest level of
    health attainable for every person, in an environment which
    contributes positively to healthful individual and family living;
    that attainment of this goal depends on an effective partnership,
    involving close intergovernmental collaboration, official and
    voluntary efforts, and participation of individuals and
    organizations; that Federal financial assistance must be directed
    to support the marshaling of all health resources - national,
    State, and local - to assure comprehensive health services of high
    quality for every person, but without interference with existing
    patterns of private professional practice of medicine, dentistry,
    and related healing arts.
      ''(b) To carry out such purpose, and recognizing the changing
    character of health problems, the Congress finds that comprehensive
    planning for health services, health manpower, and health
    facilities is essential at every level of government; that
    desirable administration requires strengthening the leadership and
    capacities of State health agencies; and that support of health
    services provided people in their communities should be broadened
    and made more flexible.''
      Section 2 of act July 3, 1956, provided that:
      ''(a) The Congress hereby finds and declares -
        ''(1) that the latest information on the number and relevant
      characteristics of persons in the country suffering from heart
      disease, cancer, diabetes, arthritis and rheumatism, and other
      diseases, injuries, and handicapping conditions is now seriously
      out of date; and
        ''(2) that periodic inventories providing reasonably current
      information on these matters are urgently needed for purposes
      such as (A) appraisal of the true state of health of our
      population (including both adults and children), (B) adequate
      planning of any programs to improve their health, (C) research in
      the field of chronic diseases, and (D) measurement of the numbers
      of persons in the working ages so disabled as to be unable to
      perform gainful work.
      ''(b) It is, therefore, the purpose of this Act (see Short Title
    of 1956 Amendment note set out under section 201 of this title) to
    provide (1) for a continuing survey and special studies to secure
    on a non-compulsory basis accurate and current statistical
    information on the amount, distribution, and effects of illness and
    disability in the United States and the services received for or
    because of such conditions; and (2) for studying methods and survey
    techniques for securing such statistical information, with a view
    toward their continuing improvement.''
          LIMITATION ON GRANTS-IN-AID TO SCHOOLS OF PUBLIC HEALTH
      Section 2 of Pub. L. 85-544, which had limited the authority of
    the Surgeon General to make grants-in-aid totaling not to exceed
    $1,000,000 annually to schools of public health for fiscal year
    beginning July 1, 1958, and July 1, 1959, was repealed by section 2
    of Pub. L. 86-720, Sept. 8, 1960, 74 Stat. 820.
     GRANTS TO STATES TO PROVIDE FOR VACCINATION AGAINST POLIOMYELITIS
      The Poliomyelitis Vaccination Assistance Act of 1955, act Aug.
    12, 1955, ch. 863, 69 Stat. 704, as amended Feb. 15, 1956, ch. 39,
    70 Stat. 18, authorized appropriations to remain available until
    close of June 30, 1957 and provided for allotments to States, State
    application for funds, payments to States, use of funds paid to
    States, furnishing of vaccine by Surgeon General, diversion of
    Federal funds, supervision over exercise of functions, and
    definitions.
             APPLICABILITY OF REORGANIZATION PLAN NO. 3 OF 1966
      Section 7 of Pub. L. 89-749 provided that: ''The provisions
    enacted by this Act (amending this section and sections 242g and
    243 of this title) shall be subject to the provisions of
    Reorganization Plan No. 3 of 1966 (set out as a note under section
    202 of this title).''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 201, 235, 248a, 291e,
    1320a-1, 4728, 7610 of this title; title 48 section 1666.
 
-CITE-
    42 USC Sec. 246a                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
 
-HEAD-
    Sec. 246a. Bureau of State Services management fund; establishment;
        advancements; availability
 
-STATUTE-
      For the purpose of facilitating the economical and efficient
    conduct of operations in the Bureau of State Services which are
    financed by two or more appropriations where the costs of operation
    are not readily susceptible of distribution as charges to such
    appropriations, there is established the Bureau of State Services
    management fund.  Such amounts as the Secretary may determine to
    represent a reasonable distribution of estimated costs among the
    various appropriations involved may be advanced each year to this
    fund and shall be available for expenditure for such costs under
    such regulations as may be prescribed by the Secretary: Provided,
    That funds advanced to this fund shall be available only in the
    fiscal year in which they are advanced: Provided further, That
    final adjustments of advances in accordance with actual costs shall
    be effected wherever practicable with the appropriations from which
    such funds are advanced.
 
-SOURCE-
    (Pub. L. 86-703, title II, Sec. 201, Sept. 2, 1960, 74 Stat. 765;
    Pub. L. 91-515, title II, Sec. 282, Oct. 30, 1970, 84 Stat. 1308.)
 
-COD-
                                CODIFICATION
      Section was not enacted as part of the Public Health Service Act
    which comprises this chapter.
 
-MISC3-
                                 AMENDMENTS
      1970 - Pub. L. 91-515 substituted ''Secretary'' for ''Surgeon
    General'' wherever appearing.
 
-CITE-
    42 USC Sec. 247                                              01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER II - GENERAL POWERS AND DUTIES
    Part B - Federal-State Cooperation
 
-HEAD-
    Sec. 247. Omitted
 
-MISC1-
      Section, act July 1, 1944, ch. 373, title III, Sec. 315, as added
    Oct. 4, 1988, Pub. L. 100-471, Sec. 1, 102 Stat. 2284, which
    related to grants for treatment drugs for acquired immune
    deficiency syndrome, ceased to exist Mar. 31, 1989, pursuant to
    subsec. (d) thereof.
                              PRIOR PROVISIONS
      A prior section 247, act July 1, 1944, ch. 373, title III, Sec.
    315, as added Nov. 10, 1978, Pub. L. 95-626, title II, Sec. 203, 92
    Stat. 3578; amended July 10, 1979, Pub. L. 96-32, Sec. 6(h), 93
    Stat. 83, related to formula grants to States for preventive health
    service programs, prior to repeal by Pub. L. 99-117, Sec. 12(b),
    Oct. 7, 1985, 99 Stat. 495.
      Another prior section 247, acts July 1, 1944, ch. 373, title III,
    Sec. 315, 58 Stat. 695; Oct. 30, 1970, Pub. L. 91-515, title II,
    Sec. 282, 84 Stat. 1308, provided for publication of health
    educational information, prior to repeal by Pub. L. 93-353, title
    I, Sec. 102(a), July 23, 1974, 88 Stat. 362. See section 242o(b) of
    this title.
 
-CITE-
    42 USC Sec. 247a