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-CITE42 USC Sec. 242b
01/19/04
-EXPCITETITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part A - Research and Investigations
-HEADSec. 242b. General authority respecting research, evaluations, and
demonstrations in health statistics, health services, and health
care technology
-STATUTE(a) Scope of activities
The Secretary may, through the Agency for Healthcare Research and
Quality or the National Center for Health Statistics, or using Ruth
L. Kirschstein National Research Service Awards or other
appropriate authorities, undertake and support training programs to
provide for an expanded and continuing supply of individuals
qualified to perform the research, evaluation, and demonstration
projects set forth in section 242k of this title and in subchapter
VII of this chapter.
(b) Additional authority; scope of activities
To implement subsection (a) of this section and section 242k of
this title, the Secretary may, in addition to any other authority
which under other provisions of this chapter or any other law may
be used by him to implement such subsection, do the following:
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(1) Utilize personnel and equipment, facilities, and other
physical resources of the Department of Health and Human
Services, permit appropriate (as determined by the Secretary)
entities and individuals to utilize the physical resources of
such Department, provide technical assistance and advice, make
grants to public and nonprofit private entities and individuals,
and, when appropriate, enter into contracts with public and
private entities and individuals.
(2) Admit and treat at hospitals and other facilities of the
Service persons not otherwise eligible for admission and
treatment at such facilities.
(3) Secure, from time to time and for such periods as the
Secretary deems advisable but in accordance with section 3109 of
title 5, the assistance and advice of consultants from the United
States or abroad. The Secretary may for the purpose of carrying
out the functions set forth in sections 242c,(!1) 242k, and 242n
(!1) of this title, obtain (in accordance with section 3109 of
title 5, but without regard to the limitation in such section on
the number of days or the period of service) for each of the
centers the services of not more than fifteen experts who have
appropriate scientific or professional qualifications.
(4) Acquire, construct, improve, repair, operate, and maintain
laboratory, research, and other necessary facilities and
equipment, and such other real or personal property (including
patents) as the Secretary deems necessary; and acquire, without
regard to section 8141 of title 40, by lease or otherwise,
through the Administrator of General Services, buildings or parts
of buildings in the District of Columbia or communities located
adjacent to the District of Columbia.
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(c) Coordination of activities through units of Department
(1) The Secretary shall coordinate all health services research,
evaluations, and demonstrations, all health statistical and
epidemiological activities, and all research, evaluations, and
demonstrations respecting the assessment of health care technology
undertaken and supported through units of the Department of Health
and Human Services. To the maximum extent feasible such
coordination shall be carried out through the Agency for Healthcare
Research and Quality and the National Center for Health Statistics.
(2) The Secretary shall coordinate the health services research,
evaluations, and demonstrations, the health statistical and (where
appropriate) epidemiological activities, and the research,
evaluations, and demonstrations respecting the assessment of health
care technology authorized by this chapter through the Agency for
Healthcare Research and Quality and the National Center for Health
Statistics.
-SOURCE(July 1, 1944, ch. 373, title III, Sec. 304, as added July 28,
1955, ch. 417, Sec. 3, 69 Stat. 382; amended Aug. 2, 1956, ch. 871,
title V, Sec. 502, 70 Stat. 930; Pub. L. 90-174, Sec. 3(a), Dec. 5,
1967, 81 Stat. 534; Pub. L. 91-296, title IV, Sec. 401(b)(1)(A),
June 30, 1970, 84 Stat. 352; Pub. L. 91-515, title II, Secs.
201(a)-(c), 202, 203, Oct. 30, 1970, 84 Stat. 1301-1303; Pub. L.
93-45, title I, Sec. 102, June 18, 1973, 87 Stat. 91; Pub. L.
93-353, title I, Sec. 103, July 23, 1974, 88 Stat. 362; Pub. L.
95-623, Secs. 3, 7, Nov. 9, 1978, 92 Stat. 3443, 3451; Pub. L.
96-32, Sec. 5(a)-(c), July 10, 1979, 93 Stat. 82; Pub. L. 97-35,
title IX, Sec. 918, Aug. 13, 1981, 95 Stat. 565; Pub. L. 98-551,
Sec. 5(c), Oct. 30, 1984, 98 Stat. 2819; Pub. L. 101-239, title VI,
Sec. 6103(e)(1), Dec. 19, 1989, 103 Stat. 2205; Pub. L. 103-183,
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title V, Sec. 501(b), Dec. 14, 1993, 107 Stat. 2237; Pub. L.
106-129, Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670; Pub. L.
107-206, title I, Sec. 804(c), Aug. 2, 2002, 116 Stat. 874.)
-REFTEXTREFERENCES 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.
-CODCODIFICATION
In subsec. (b)(4), "section 8141 of title 40" substituted for
"the Act of March 3, 1877 (40 U.S.C. 34)" on authority of Pub. L.
107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings, Property, and
Works.
-MISC1AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-206 substituted "Ruth L.
Kirschstein National Research Service Awards" for "National
Research Service Awards".
1999 - Subsecs. (a), (c). Pub. L. 106-129 substituted "Agency for
Healthcare Research and Quality" for "Agency for Health Care Policy
and Research" wherever appearing.
1993 - Subsec. (d). Pub. L. 103-183 struck out subsec. (d) which
directed Secretary to conduct an ongoing study of present and
projected future health costs of pollution and other environmental
conditions resulting from human activity and to submit to Congress
reports on the study.
1989 - Subsec. (a). Pub. L. 101-239, Sec. 6103(e)(1)(B),
substituted "the Agency for Health Care Policy and Research" for
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"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".
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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
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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.
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Subsec. (c). Pub. L. 95-623, Sec. 3(c), designated existing text
as par. (1), substituted "evaluations, and demonstrations, all
health statistical and epidemiological activities, and all
research, evaluations, and demonstrations respecting the assessment
of health care technology" for "evaluation, demonstration, and
health statistical activities" before "undertaken and supported",
required coordination of activities to also be carried out through
the National Center for Health Care Technology, and added par. (2).
Subsec. (d). Pub. L. 95-623, Sec. 7, as amended by Pub. L. 96-32,
Sec. 5(c), added subsec. (d).
1974 - Pub. L. 93-353, in revising generally provisions of
subsecs. (a) to (c), provided for general authority respecting
health statistics and health services research, evaluation, and
demonstrations, subsec. (a) relating to scope of activities,
subsec. (b) relating to additional authority and scope of
activities, and subsec. (c) relating to coordination of activities
through units of the Department. Former provisions related to
research and demonstrations relating to health facilities and
services, subsec. (a) relating to grants and contracts for projects
for research, experiments, or demonstrations and related training,
cost limitation, wage rates, labor standards, and other conditions,
and payments (former subsec. (a)(2) and (3) now being covered by
section 242m(h) and (e), respectively), subsec. (b) relating to
systems analysis of national health care plans, and cost and
coverage report on existing legislative proposals, and subsec. (c)
relating to authorization of appropriations.
1973 - Subsec. (c)(1). Pub. L. 93-45 authorized appropriations of
$42,617,000 for fiscal year ending June 30, 1974.
1970 - Subsec. (a)(1). Pub. L. 91-515, Secs. 201(a)(1), 203,
redesignated subsec. (a) as (a)(1), substituted "(A)" and "(B)" for
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"(1)" and "(2)", and "(i) to (iii)" for "(A) to (C)", and added
cls. (iv) and (v).
Subsec. (a)(2). Pub. L. 91-515, Sec. 201(a)(2), redesignated
subsec. (b) as (a)(2), and substituted "subsection" for "section"
wherever appearing.
Subsec. (a)(3). Pub. L. 91-515, Secs. 201(a)(3), 202,
redesignated subsec. (c) as (a)(3)(A), substituted "subsection" for
"section" wherever appearing, and added subsec. (a)(3)(B).
Subsec. (b). Pub. L. 91-515, Sec. 201(a)(2)(A), (b), added
subsec. (b). Former subsec. (b) redesignated (a)(2).
Subsecs. (c), (d). Pub. L. 91-515, Secs. 201(a)(3)(A), (c),
202(1), redesignated subsec. (d) as (c), and substituted provisions
authorizing appropriations for the fiscal years ending June 30,
1971, June 30, 1972, and June 30, 1973, and authorizing to be
appropriated such additional sums for each fiscal year as may be
necessary to carry out the provisions of subsec. (b), for
provisions authorizing appropriations of $20,000,000 for the fiscal
year ending June 30, 1968, $40,000,000 for the fiscal year ending
June 30, 1969, and $60,000,000 for the fiscal year ending June 30,
1970. Former subsec. (c) redesignated (a)(3)(A).
Pub. L. 91-296 struck out provisions authorizing use of
appropriated funds for evaluation of program authorized by this
section. See section 229b of this title.
1967 - Pub. L. 90-174 substituted provisions of subsecs. (a) to
(d) for research and demonstrations relating to health facilities
(incorporated from former section 291n of this title) for
provisions of former subsecs. (a) to (d) for mental health study
including grants for special projects, conditions thereof, and
definition of "organization", authorization of appropriations,
terms of grant, availability of amounts otherwise appropriated and
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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.
-TRANSTRANSFER 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.
-MISC2COMMISSION ON SYSTEMIC INTEROPERABILITY
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Pub. L. 108-173, title X, Sec. 1012, Dec. 8, 2003, 117 Stat.
2435, provided that:
"(a) Establishment. - The Secretary [of Health and Human
Services] shall establish a commission to be known as the
'Commission on Systemic Interoperability' (in this section referred
to as the 'Commission').
"(b) Duties. "(1) In general. - The Commission shall develop a comprehensive
strategy for the adoption and implementation of health care
information technology standards, that includes a timeline and
prioritization for such adoption and implementation.
"(2) Considerations. - In developing the comprehensive health
care information technology strategy under paragraph (1), the
Commission shall consider "(A) the costs and benefits of the standards, both financial
impact and quality improvement;
"(B) the current demand on industry resources to implement
this Act [see Tables for classification] and other electronic
standards, including HIPAA standards; and
"(C) the most cost-effective and efficient means for industry
to implement the standards.
"(3) Noninterference. - In carrying out this section, the
Commission shall not interfere with any standards development of
adoption processes underway in the private or public sector and
shall not replicate activities related to such standards or the
national health information infrastructure underway within the
Department of Health and Human Services.
"(4) Report. - Not later than October 31, 2005, the Commission
shall submit to the Secretary [of Health and Human Services] and
to Congress a report describing the strategy developed under
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paragraph (1), including an analysis of the matters considered
under paragraph (2).
"(c) Membership. "(1) Number and appointment. - The Commission shall be composed
of 11 members appointed as follows:
"(A) The President shall appoint three members, one of whom
the President shall designate as Chairperson.
"(B) The Majority Leader of the Senate shall appoint two
members.
"(C) The Minority Leader of the Senate shall appoint two
members.
"(D) The Speaker of the House of Representatives shall
appoint two members.
"(E) The Minority Leader of the House of Representatives
shall appoint two members.
"(2) Qualifications. - The membership of the Commission shall
include individuals with national recognition for their expertise
in health finance and economics, health plans and integrated
delivery systems, reimbursement of health facilities, practicing
physicians, practicing pharmacists, and other providers of health
services, health care technology and information systems, and
other related fields, who provide a mix of different
professionals, broad geographic representation, and a balance
between urban and rural representatives.
"(d) Terms. - Each member shall be appointed for the life of the
Commission.
"(e) Compensation. "(1) Rates of pay. - Members shall each be paid at a rate not
to exceed the daily equivalent of the rate of basic pay for level
IV of the Executive Schedule for each day (including travel time)
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during which they are engaged in the actual performance of duties
vested in the Commission.
"(2) Prohibition of compensation of federal employees. Members of the Commission who are full-time officers or employees
of the United States or Members of Congress may not receive
additional pay, allowances, or benefits by reason of their
service on the Commission.
"(3) Travel expenses. - Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
"(f) Quorum. - A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
"(g) Director and Staff of Commission; Experts and Consultants. "(1) Director. - The Commission shall have a Director who shall
be appointed by the Chairperson. The Director shall be paid at a
rate not to exceed the rate of basic pay for level IV of the
Executive Schedule.
"(2) Staff. - With the approval of the Commission, the Director
may appoint and fix the pay of such additional personnel as the
Director considers appropriate.
"(3) Applicability of certain civil service laws. - The
Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of level IV
of the Executive Schedule.
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"(4) Experts and consultants. - With the approval of the
Commission, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
"(5) Staff of federal agencies. - Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act [see Tables for classification].
"(h) Powers of Commission. "(1) Hearings and sessions. - The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
"(2) Powers of members and agents. - Any member or agent of the
Commission may, if authorized by the Commission, take any action
which the Commission is authorized to take by this section.
"(3) Obtaining official data. - The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
"(4) Gifts, bequests, and devises. - The Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. Gifts, bequests, or
devises of money and proceeds from sales of other property
received as gifts, bequests, or devises shall be deposited in the
Treasury and shall be available for disbursement upon order of
the Commission. For purposes of Federal income, estate, and gift
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taxes, property accepted under this subsection shall be
considered as a gift, bequest, or devise to the United States.
"(5) Mails. - The Commission may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
"(6) Administrative support services. - Upon the request of the
Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out its
responsibilities under this Act.
"(7) Contract authority. - The Commission may enter into
contracts or make other arrangements, as may be necessary for the
conduct of the work of the Commission (without regard to section
3709 of the Revised Statutes (41 U.S.C. 5)).
"(i) Termination. - The Commission shall terminate on 30 days
after submitting its report pursuant to subsection (b)(3) [(b)(4)].
"(j) Authorization of Appropriations. - There is authorized to be
appropriated such sums as may be necessary to carry out this
section."
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
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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;
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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.
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 235, 242k, 242m, 288 of
this title.
-FOOTNOTE(!1) See References in Text note below.
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-CITE42 USC Sec. 242k
01/19/04
-EXPCITETITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part A - Research and Investigations
-HEADSec. 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
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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
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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
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the design and implementation of the System;
(2) undertake and support (by grant or contract) research,
development, demonstrations, and evaluations respecting the
System;
(3) make grants to and enter into contracts with State and
local health agencies to assist them in meeting the costs of data
collection and other activities carried out under the System; and
(4) review the statistical activities of the Department of
Health and Human Services to assure that they are consistent with
the System.
States participating in the System shall designate a State agency
to administer or be responsible for the administration of the
statistical activities within the State under the System. The
Secretary, acting through the Center, shall prescribe guidelines to
assure that statistical activities within States participating in
the system (!1) produce uniform and timely data and assure
appropriate access to such data.
(f) Federal-State cooperation
To assist in carrying out this section, the Secretary, acting
through the Center, shall cooperate and consult with the
Departments of Commerce and Labor and any other interested Federal
departments or agencies and with State and local health departments
and agencies. For such purpose he shall utilize insofar as possible
the services or facilities of any agency of the Federal Government
and, without regard to section 5 of title 41, of any appropriate
State or other public agency, and may, without regard to such
section, utilize the services or facilities of any private agency,
organization, group, or individual, in accordance with written
agreements between the head of such agency, organization, or group
and the Secretary or between such individual and the Secretary.
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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
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characteristics and health characteristics.
(i) Technical assistance in effective use of statistics
The Center may provide to public and nonprofit private entities
technical assistance in the effective use in such activities of
statistics collected or compiled by the Center.
(j) Coordination of health statistical and epidemiological
activities
In carrying out the requirements of section 242b(c) of this title
and paragraph (1) of subsection (e) of this section, the Secretary
shall coordinate health statistical and epidemiological activities
of the Department of Health and Human Services by (1) establishing standardized means for the collection of
health information and statistics under laws administered by the
Secretary;
(2) developing, in consultation with the National Committee on
Vital and Health Statistics, and maintaining the minimum sets of
data needed on a continuing basis to fulfill the collection
requirements of subsection (b)(1) of this section;
(3) after consultation with the National Committee on Vital and
Health Statistics, establishing standards to assure the quality
of health statistical and epidemiological data collection,
processing, and analysis;
(4) in the case of proposed health data collections of the
Department which are required to be reviewed by the Director of
the Office of Management and Budget under section 3509 (!2) of
title 44, reviewing such proposed collections to determine
whether they conform with the minimum sets of data and the
standards promulgated pursuant to paragraphs (2) and (3), and if
any such proposed collection is found not to be in conformance,
by taking such action as may be necessary to assure that it will
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conform to such sets of data and standards, and
(5) periodically reviewing ongoing health data collections of
the Department, subject to review under such section 3509,(!2) to
determine if the collections are being conducted in accordance
with the minimum sets of data and the standards promulgated
pursuant to paragraphs (2) and (3) and, if any such collection is
found not to be in conformance, by taking such action as may be
necessary to assure that the collection will conform to such sets
of data and standards not later than the ninetieth day after the
date of the completion of the review of the collection.
(k) National Committee on Vital and Health Statistics;
establishment; membership; term of office; compensation;
functions; consultations of Secretary with Committee and
professional advisory groups
(1) There is established in the Office of the Secretary a
committee to be known as the National Committee on Vital and Health
Statistics (hereinafter in this subsection referred to as the
"Committee") which shall consist of 18 members.
(2) The members of the Committee shall be appointed from among
persons who have distinguished themselves in the fields of health
statistics, electronic interchange of health care information,
privacy and security of electronic information, population-based
public health, purchasing or financing health care services,
integrated computerized health information systems, health services
research, consumer interests in health information, health data
standards, epidemiology, and the provision of health services.
Members of the Committee shall be appointed for terms of 4 years.
(3) Of the members of the Committee (A) 1 shall be appointed, not later than 60 days after August
21, 1996, by the Speaker of the House of Representatives after
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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
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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
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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
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(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.
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(n) Authorization of appropriations
(1) For health statistical and epidemiological activities
undertaken or supported under subsections (a) through (l) of this
section, there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1991 through 2003.
(2) For activities authorized in paragraphs (1) through (3) of
subsection (m) of this section, there are authorized to be
appropriated such sums as may be necessary for each of the fiscal
years 1999 through 2003. Of such amounts, the Secretary shall use
not more than 10 percent for administration and for activities
described in subsection (m)(2) of this section.
(3) For activities authorized in subsection (m)(4) of this
section, there are authorized to be appropriated $1,000,000 for
fiscal year 1998, and such sums as may be necessary for each of the
fiscal years 1999 through 2002.
-SOURCE(July 1, 1944, ch. 373, title III, Sec. 306, as added Pub. L.
93-353, title I, Sec. 105, July 23, 1974, 88 Stat. 365; amended
Pub. L. 95-623, Secs. 5, 8(a), Nov. 9, 1978, 92 Stat. 3445, 3453;
Pub. L. 97-35, title IX, Sec. 920, Aug. 13, 1981, 95 Stat. 566;
Pub. L. 97-414, Sec. 8(b), Jan. 4, 1983, 96 Stat. 2060; Pub. L.
100-177, title I, Secs. 104, 105(a), Dec. 1, 1987, 101 Stat. 988;
Pub. L. 101-239, title VI, Sec. 6103(e)(2), Dec. 19, 1989, 103
Stat. 2206; Pub. L. 101-527, Sec. 7(a), (b)(1), (c), Nov. 6, 1990,
104 Stat. 2327, 2328; Pub. L. 102-54, Sec. 13(q)(1)(A)(i), June 13,
1991, 105 Stat. 278; Pub. L. 103-183, title V, Sec. 501(a), (d),
Dec. 14, 1993, 107 Stat. 2237, 2238; Pub. L. 104-191, title II,
Sec. 263, Aug. 21, 1996, 110 Stat. 2031; Pub. L. 105-340, title II,
Sec. 201, Oct. 31, 1998, 112 Stat. 3193; Pub. L. 105-392, title II,
Sec. 201(b), Nov. 13, 1998, 112 Stat. 3585.)
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-REFTEXTREFERENCES 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.
-MISC1PRIOR 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
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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
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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
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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
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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)
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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
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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).
-CHANGECHANGE OF NAME
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Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress. Committee on
Commerce of House of Representatives changed to Committee on Energy
and Commerce of House of Representatives, and jurisdiction over
matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
-MISC2EFFECTIVE 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
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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".
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 242b, 242l, 242m, 242p,
1320a, 1320d-1, 1395w-104 of this title.
-FOOTNOTE(!1) So in original. Probably should be capitalized.
(!2) See References in Text note below.
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-CITE42 USC Sec. 242m
01/19/04
-EXPCITETITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part A - Research and Investigations
-HEADSec. 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
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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.
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(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
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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.
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(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, Secs. 2, 6(d), 8(b), Nov. 9, 1978, 92 Stat. 3443, 3451,
3455; Pub. L. 97-35, title IX, Secs. 917(a), (b), 919(a)(2)(B),
922, Aug. 13, 1981, 95 Stat. 564, 565, 567; Pub. L. 97-414, Sec.
8(c), Jan. 4, 1983, 96 Stat. 2060; Pub. L. 98-551, Sec. 7, Oct. 30,
1984, 98 Stat. 2820; Pub. L. 100-177, title I, Secs. 106(a), 107,
108, Dec. 1, 1987, 101 Stat. 988-990; Pub. L. 100-690, title II,
Sec. 2612, Nov. 18, 1988, 102 Stat. 4235; Pub. L. 101-239, title
VI, Sec. 6103(e)(4), Dec. 19, 1989, 103 Stat. 2206; Pub. L.
101-527, Sec. 7(b)(2), (d), Nov. 6, 1990, 104 Stat. 2328; Pub. L.
103-183, title V, Sec. 501(c), Dec. 14, 1993, 107 Stat. 2237; Pub.
L. 105-392, title IV, Sec. 401(d), Nov. 13, 1998, 112 Stat. 3587.)
-MISC1PRIOR 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
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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.
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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.
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"(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),
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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
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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
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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:
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"(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
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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
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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
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242n of this title.
Subsec. (i)(1). Pub. L. 97-35, Secs. 917(a), 919(a)(2)(B),
inserted provisions respecting amounts of and limitations on uses
for appropriations for the fiscal years ending Sept. 30, 1982,
1983, and 1984.
Subsec. (i)(2). Pub. L. 97-35, Sec. 917(b), inserted provisions
respecting appropriations for the fiscal years ending Sept. 30,
1982, 1983, and 1984.
1978 - Subsec. (a)(1). Pub. L. 95-623, Sec. 6(d)(1), required the
report to cover the administration of section 242n of this title
and the current state and progress of health care technology.
Subsec. (b)(1). Pub. L. 95-623, Sec. 6(d)(2), inserted reference
to grant or contract under section 242n of this title.
Subsec. (d). Pub. L. 95-623, Secs. 6(d)(3), 8(b), inserted
reference to section 242n of this title and substituted in cl. (1)
"statistical or epidemiological activities" for "statistical
activities"; and authorized use of information for purposes other
than for which supplied when authorized by guidelines in effect
under section 242k(l)(2) of this title.
Subsecs. (e), (f), (g)(2), (h)(1). Pub. L. 95-623, Sec.
6(d)(4)-(7), inserted references to section 242n of this title.
Subsec. (i)(1). Pub. L. 95-623, Sec. 2(a), authorized
appropriation of $35,000,000; $40,000,000; and $45,000,000 for
fiscal years ending Sept. 30, 1979, through 1981, and substituted
minimum amounts of the lesser of 20 per centum of appropriated
funds or $6,000,000 for health services research, evaluation and
demonstration activities of the National Center for Health Services
Research and 5 per centum of such funds or $1,000,000 for
dissemination activities of such Center for prior similar
requirement of 25 per centum of appropriated funds for the
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applicable fiscal years for health services research, evaluation,
and demonstration activities of the Secretary.
Subsec. (i)(2). Pub. L. 95-623, Sec. 2(b), authorized
appropriation of $50,000,000; $65,000,000; and $70,000,000 for
fiscal years ending Sept. 30, 1979, through 1981.
1977 - Subsec. (i)(1). Pub. L. 95-83, Sec. 104(a), authorized
appropriation of $28,600,000 for fiscal year ending Sept. 30, 1978.
Subsec. (i)(2). Pub. L. 95-83, Sec. 104(b), authorized
appropriation of $33,600,000 for fiscal year ending Sept. 30, 1978.
1976 - Subsec. (a). Pub. L. 94-273 substituted "December" for
"September" wherever appearing.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-392, title IV, Sec. 401(e), Nov. 13, 1998, 112 Stat.
3587, provided that: "This section [amending this section and
sections 247b-5, 247b-6, 247c, 285f-2, 300d-1 to 300d-3, 300d-13,
300d-32, 300k, and 300n-1 of this title] is deemed to have taken
effect immediately after the enactment of Public Law 103-183 [Dec.
14, 1993]."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 2600 of Pub. L. 100-690 provided that: "Except as
provided in section 2613(b)(1) [42 U.S.C. 285m note], the
amendments made by this subtitle [subtitle G (Secs. 2600-2641) of
title II of Pub. L. 100-690, enacting sections 285m-4 to 285m-6 of
this title, amending this section, sections 242c, 281, 284, 284c,
285j, 285m, 285m-1 to 285m-6, 286, 289f, 290cc-28, 290cc-36, 292h,
294a, 295g-4, 295g-7, 295g-8b, 295h, 295h-5, 295j, 297j, 297n,
300cc-3, 300cc-13, 300cc-17, 300cc-20, 300cc-31, 300dd-1, 300dd-3,
300dd-8, 300dd-10, 300dd-12 to 300dd-14, 300dd-21, 300dd-32, 300ee,
300ee-2, 300ee-5, 300ee-12, 300ee-13, 300ee-15 to 300ee-18,
300ee-20, 300ee-22, 300ee-34, 300ff-48, and 300aaa to 300aaa-13 of
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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
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for the preceding fiscal year unless before June 30, 1976, Congress
has passed legislation repealing this subsection."
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 242k, 242p of this title.
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file://I:\pat\omb\U_S_ Code 42 USC 242m.htm
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| File Type | application/pdf |
| File Title | file://I:\pat\omb\U_S_ Code 42 USC 242b.htm |
| Author | Tom |
| File Modified | 2006-11-08 |
| File Created | 2006-11-08 |