Attachment A. Authorizing Legislation

U.S. Code

Page 1 of 18

Office of the Law Revision Counsel, U.S. House of Representatives
Home

Search Download Classification Codification About
Go to 1st query term(s)

-CITE42 USC Sec. 241

01/22/02

-EXPCITETITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part A - Research and Investigations
-HEADSec. 241. Research and investigations generally
-STATUTE(a) Authority of Secretary
The Secretary shall conduct in the Service, and encourage,
cooperate with, and render assistance to other appropriate public
authorities, scientific institutions, and scientists in the conduct
of, and promote the coordination of, research, investigations,
experiments, demonstrations, and studies relating to the causes,
diagnosis, treatment, control, and prevention of physical and
mental diseases and impairments of man, including water
purification, sewage treatment, and pollution of lakes and
streams.

In carrying out the foregoing the Secretary is authorized

to (1) collect and make available through publications and other
appropriate means, information as to, and the practical
application of, such research and other activities;
(2) make available research facilities of the Service to
appropriate public authorities, and to health officials and

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 2 of 18

scientists engaged in special study;
(3) make grants-in-aid to universities, hospitals,
laboratories, and other public or private institutions, and to
individuals for such research projects as are recommended by the
advisory council to the entity of the Department supporting such
projects and make, upon recommendation of the advisory council to
the appropriate entity of the Department, grants-in-aid to public
or nonprofit universities, hospitals, laboratories, and other
institutions for the general support of their research;
(4) secure from time to time and for such periods as he deems
advisable, the assistance and advice of experts, scholars, and
consultants from the United States or abroad;
(5) for purposes of study, admit and treat at institutions,
hospitals, and stations of the Service, persons not otherwise
eligible for such treatment;
(6) make available, to health officials, scientists, and
appropriate public and other nonprofit institutions and
organizations, technical advice and assistance on the application
of statistical methods to experiments, studies, and surveys in
health and medical fields;
(7) enter into contracts, including contracts for research in
accordance with and subject to the provisions of law applicable
to contracts entered into by the military departments under
sections 2353 and 2354 of title 10, except that determination,
approval, and certification required thereby shall be by the
Secretary of Health and Human Services; and
(8) adopt, upon recommendations of the advisory councils to the
appropriate entities of the Department or, with respect to mental
health, the National Advisory Mental Health Council, such

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 3 of 18

additional means as the Secretary considers necessary or
appropriate to carry out the purposes of this section.
The Secretary may make available to individuals and entities, for
biomedical and behavioral research, substances and living
organisms.

Such substances and organisms shall be made available

under such terms and conditions (including payment for them) as the
Secretary determines appropriate.
(b) Testing for carcinogenicity, teratogenicity, mutagenicity, and
other harmful biological effects; consultation
(1) The Secretary shall conduct and may support through grants
and contracts studies and testing of substances for
carcinogenicity, teratogenicity, mutagenicity, and other harmful
biological effects.

In carrying out this paragraph, the Secretary

shall consult with entities of the Federal Government, outside of
the Department of Health and Human Services, engaged in comparable
activities.

The Secretary, upon request of such an entity and

under appropriate arrangements for the payment of expenses, may
conduct for such entity studies and testing of substances for
carcinogenicity, teratogenicity, mutagenicity, and other harmful
biological effects.
(2)(A) The Secretary shall establish a comprehensive program of
research into the biological effects of low-level ionizing
radiation under which program the Secretary shall conduct such
research and may support such research by others through grants and
contracts.
(B) The Secretary shall conduct a comprehensive review of Federal
programs of research on the biological effects of ionizing
radiation.
(3) The Secretary shall conduct and may support through grants
and contracts research and studies on human nutrition, with

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 4 of 18

particular emphasis on the role of nutrition in the prevention and
treatment of disease and on the maintenance and promotion of
health, and programs for the dissemination of information
respecting human nutrition to health professionals and the public.
In carrying out activities under this paragraph, the Secretary
shall provide for the coordination of such of these activities as
are performed by the different divisions within the Department of
Health and Human Services and shall consult with entities of the
Federal Government, outside of the Department of Health and Human
Services, engaged in comparable activities.

The Secretary, upon

request of such an entity and under appropriate arrangements for
the payment of expenses, may conduct and support such activities
for such entity.
(4) The Secretary shall publish a biennial report which contains
(A) a list of all substances (i) which either are known to be
carcinogens or may reasonably be anticipated to be carcinogens
and (ii) to which a significant number of persons residing in the
United States are exposed;
(B) information concerning the nature of such exposure and the
estimated number of persons exposed to such substances;
(C) a statement identifying (i) each substance contained in the
list under subparagraph (A) for which no effluent, ambient, or
exposure standard has been established by a Federal agency, and
(ii) for each effluent, ambient, or exposure standard established
by a Federal agency with respect to a substance contained in the
list under subparagraph (A), the extent to which, on the basis of
available medical, scientific, or other data, such standard, and
the implementation of such standard by the agency, decreases the
risk to public health from exposure to the substance; and

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 5 of 18

(D) a description of (i) each request received during the year
involved (I) from a Federal agency outside the Department of Health
and Human Services for the Secretary, or
(II) from an entity within the Department of Health and Human
Services to any other entity within the Department,
to conduct research into, or testing for, the carcinogenicity of
substances or to provide information described in clause (ii) of
subparagraph (C), and (ii) how the Secretary and each such other
entity, respectively, have responded to each such request.
(5) The authority of the Secretary to enter into any contract for
the conduct of any study, testing, program, research, or review, or
assessment under this subsection shall be effective for any fiscal
year only to such extent or in such amounts as are provided in
advance in appropriation Acts.
(c) Diseases not significantly occurring in United States
The Secretary may conduct biomedical research, directly or
through grants or contracts, for the identification, control,
treatment, and prevention of diseases (including tropical diseases)
which do not occur to a significant extent in the United States.
(d) Protection of privacy of individuals who are research subjects
The Secretary may authorize persons engaged in biomedical,
behavioral, clinical, or other research (including research on
mental health, including research on the use and effect of alcohol
and other psychoactive drugs) to protect the privacy of individuals
who are the subject of such research by withholding from all
persons not connected with the conduct of such research the names
or other identifying characteristics of such individuals.

Persons

so authorized to protect the privacy of such individuals may not be
compelled in any Federal, State, or local civil, criminal,

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 6 of 18

administrative, legislative, or other proceedings to identify such
individuals.
-SOURCE(July 1, 1944, ch. 373, title III, Sec. 301, 58 Stat. 691; July 3,
1946, ch. 538, Sec. 7(a), (b), 60 Stat. 423; June 16, 1948, ch.
481, Sec. 4(e), (f), 62 Stat. 467; June 24, 1948, ch. 621, Sec.
4(e), (f), 62 Stat. 601; June 25, 1948, ch. 654, Sec. 1, 62 Stat.
1017; July 3, 1956, ch. 510, Sec. 4, 70 Stat. 490; Pub. L. 86-798,
Sept. 15, 1960, 74 Stat. 1053; Pub. L. 87-838, Sec. 2, Oct. 17,
1962, 76 Stat. 1073; Pub. L. 89-115, Sec. 3, Aug. 9, 1965, 79 Stat.
448; Pub. L. 90-174, Sec. 9, Dec. 5, 1967, 81 Stat. 540; Pub. L.
91-513, title I, Sec. 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L.
91-515, title II, Sec. 292, Oct. 30, 1970, 84 Stat. 1308; Pub. L.
92-218, Sec. 6(a)(2), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-423,
Sec. 7(b), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-282, title I,
Sec. 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93-348, title I,
Sec. 104(a)(1), July 12, 1974, 88 Stat. 346; Pub. L. 93-352, title
I, Sec. 111, July 23, 1974, 88 Stat. 360; Pub. L. 94-278, title I,
Sec. 111, Apr. 22, 1976, 90 Stat. 405; Pub. L. 95-622, title II,
Sec. 261, 262, Nov. 9, 1978, 92 Stat. 3434; Pub. L. 96-88, title V,
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 99-158, Sec.
3(a)(5), Nov. 20, 1985, 99 Stat. 879; Pub. L. 99-570, title IV,
Sec. 4021(b)(2), Oct. 27, 1986, 100 Stat. 3207-124; Pub. L. 99-660,
title I, Sec. 104, Nov. 14, 1986, 100 Stat. 3751; Pub. L. 100-607,
title I, Sec. 163(1), (2), Nov. 4, 1988, 102 Stat. 3062; Pub. L.
103-43, title XX, Sec. 2009, June 10, 1993, 107 Stat. 213.)
-MISC1AMENDMENTS
1993 - Subsec. (b)(4). Pub. L. 103-43 substituted ''a biennial
report'' for ''an annual report'' in introductory provisions.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 7 of 18

1988 - Subsec. (d). Pub. L. 100-607 redesignated concluding
provisions of subsec. (a) of section 242a of this title as subsec.
(d) of this section, substituted ''biomedical, behavioral,
clinical, or other research (including research on mental health,
including'' for ''research on mental health, including'', and
substituted ''drugs)'' for ''drugs,''.
1986 - Subsec. (a)(3). Pub. L. 99-570 struck out ''or, in the
case of mental health projects, by the National Advisory Mental
Health Council;'' after ''Department supporting such projects'' and
struck out ''or the National Advisory Mental Health Council'' after
''appropriate entity of the Department''.
Subsec. (c). Pub. L. 99-660 added subsec. (c).
1985 - Subsec. (a)(3). Pub. L. 99-158, Sec. 3(a)(5)(A),
substituted ''as are recommended by the advisory council to the
entity of the Department supporting such projects or, in the case
of mental health projects, by the National Advisory Mental Health
Council; and make, upon recommendation of the advisory council to
the appropriate entity of the Department or the National Advisory
Mental Health Council, grants-in-aid to public or nonprofit
universities, hospitals, laboratories, and other institutions for
the general support of their research'' for ''as are recommended by
the National Advisory Health Council, or, with respect to cancer,
recommended by the National Cancer Advisory Board, or, with respect
to mental health, recommended by the National Advisory Mental
Health Council, or with respect to heart, blood vessel, lung, and
blood diseases and blood resources, recommended by the National
Heart, Lung, and Blood Advisory Council, or, with respect to dental
diseases and conditions, recommended by the National Advisory
Dental Research Council; and include in the grants for any such
project grants of penicillin and other antibiotic compounds for use

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 8 of 18

in such project; and make, upon recommendation of the National
Advisory Health Council, grants-in-aid to public or nonprofit
universities, hospitals, laboratories, and other institutions for
the general support of their research: Provided, That such uniform
percentage, not to exceed 15 per centum, as the Secretary may
determine, of the amounts provided for grants for research projects
for any fiscal year through the appropriations for the National
Institutes of Health may be transferred from such appropriations to
a separate account to be available for such research grants-in-aid
for such fiscal year''.
Subsec. (a)(8). Pub. L. 99-158, Sec. 3(a)(5)(B), substituted
''recommendations of the advisory councils to the appropriate
entities of the Department or, with respect to mental health, the
National Advisory Mental Health Council, such additional means as
the Secretary considers'' for ''recommendation of the National
Advisory Health Council, or, with respect to cancer, upon
recommendation of the National Cancer Advisory Board, or, with
respect to mental health, upon recommendation of the National
Advisory Mental Health Council, or, with respect to heart, blood
vessel, lung, and blood diseases and blood resources, upon
recommendation of the National Heart, Lung and Blood Advisory
Council, or, with respect to dental diseases and conditions, upon
recommendations of the National Advisory Dental Research Council,
such additional means as he deems''.
1978 - Pub. L. 95-622 designated existing provisions as subsec.
(a), redesignated former pars. (a) to (h) as (1) to (8),
respectively, substituted ''Secretary'' for ''Surgeon General''
wherever appearing, and inserted following par. (8) provisions
relating to authority of Secretary to make available to individuals
and entities substances and living organisms, and added subsec.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 9 of 18

(b).
1976 - Subsecs. (c), (h). Pub. L. 94-278 substituted ''heart,
blood vessel, lung, and blood diseases and blood resources'' for
''heart diseases'' and ''National Heart, Lung and Blood Advisory
Council'' for ''National Heart and Lung Advisory Council''.
1974 - Subsec. (c). Pub. L. 93-348, Sec. 104(a)(1), redesignated
subsec. (d) as (c) and substituted ''research projects'' for
''research or research training projects'' in two places, ''general
support of their research'' for ''general support of their research
and research training programs'' and ''research grants-in-aid'' for
''research and research training program grants-in-aid''.

Former

subsec. (c), authorizing Surgeon General to establish and maintain
research fellowships in the Public Health Service with such
stipends and allowances, including traveling and subsistence
expenses, as he may deem necessary to procure the assistance of the
most brilliant and promising research fellows from the United
States and abroad, was struck out.
Subsec. (d). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated
subsec. (e) as (d).
Pub. L. 93-282 substituted ''mental health, including research on
the use and effect of alcohol and other psychoactive drugs'' for
''the use and effect of drugs'' in former concluding provisions of
section 242a(a) of this title.

See 1988 Amendment note above.

Subsecs. (e), (f). Pub. L. 93-348, Sec. 104(a)(1)(C),
redesignated subsecs. (f) and (g) as (e) and (f), respectively.
Former subsec. (e) redesignated (d).
Subsec. (g). Pub. L. 93-352 struck out ''during the fiscal year
ending June 30, 1966, and each of the eight succeeding fiscal
years'' after ''Enter into contracts''.

Notwithstanding directory

language that amendment be made to subsec. (h), the amendment was

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 10 of 18

executed to subsec. (g) to reflect the probable intent of Congress
and the intervening redesignation of subsec. (h) as (g) by Pub. L.
93-348.
Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsec. (h) as
(g). Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Pub. L. 93-348, Sec. 104(a)(1)(C),
redesignated subsecs. (h) and (i) as (g) and (h), respectively.
1972 - Subsecs. (d), (i). Pub. L. 92-423 substituted ''National
Heart and Lung Advisory Council'' for ''National Advisory Heart
Council''.
1971 - Subsecs. (d), (i). Pub. L. 92-218 substituted ''National
Cancer Advisory Board'' for ''National Advisory Cancer Council''.
1970 - Subsec. (d). Pub. L. 91-513 added subsec. (d). See 1988
Amendment note above.
Subsec. (h). Pub. L. 91-515 substituted ''eight'' for ''five''
succeeding fiscal years.
1967 - Subsec. (h). Pub. L. 90-174 substituted ''five'' for
''two'' succeeding fiscal years.
1965 - Subsecs. (h), (i). Pub. L. 89-115 added subsec. (h) and
redesignated former subsec. (h) as (i).
1962 - Subsec. (d). Pub. L. 87-838 inserted ''or research
training'' in two places.
1960 - Subsec. (d). Pub. L. 86-798 authorized the Surgeon
General, upon recommendation of the National Advisory Health
Council, to make grants to public or non-profit universities,
hospitals, laboratories, and other institutions to support research
and research training programs, and to make available for such
research and research training programs, up to 15 per centum of
amounts provided for research grants through the appropriations for
the National Institutes of Health.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 11 of 18

1956 - Subsecs. (g), (h). Act July 3, 1956, added subsec. (g) and
redesignated former subsec. (g) as (h).
1948 - Subsec. (d). Acts June 16, 1948, Sec. 4(e), and June 24,
1948, Sec. 4(e), made provisions applicable to the National
Advisory Heart Council and the National Advisory Dental Research
Council, respectively.
Subsec. (d). Act June 25, 1948, continued in basic legislation
the authority to purchase penicillin and other antibiotic compounds
for use in research projects.
Subsec. (g). Acts June 16, 1948, Sec. 4(f), and June 24, 1948,
Sec. 4(f), made provisions applicable to the National Advisory
Heart Council and the National Advisory Dental Research Council,
respectively.
1946 - Subsec. (d). Act July 3, 1946, made the National Advisory
Mental Health Council the body to make recommendations to the
Surgeon General on awarding of grants-in-aid for research projects
with respect to mental health.
Subsec. (g). Act July 3, 1946, gave National Advisory Health
Council the right to make recommendations to carry out purposes of
this section.
-CHANGECHANGE OF NAME
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in subsec. (a)(7),
and ''Department of Health and Human Services'' substituted for
''Department of Health, Education, and Welfare'' in subsec. (b)(1),
(3), and (4)(D)(I), (II), pursuant to section 509(b) of Pub. L.
96-88 which is classified to section 3508(b) of Title 20,
Education.
-MISC4-

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 12 of 18

EFFECTIVE DATE OF 1978 AMENDMENT
Sections 261 and 262 of Pub. L. 95-622 provided that the
amendments made by those sections are effective Oct. 1, 1978.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 104(b) of Pub. L. 93-348 provided that: ''The amendments
made by subsection (a) (amending this section and sections 242a,
282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k,
and heading preceding section 289l of this title) shall not apply
with respect to commitments made before the date of the enactment
of this Act (July 12, 1974) by the Secretary of Health, Education,
and Welfare for research training under the provisions of the
Public Health Service Act amended or repealed by subsection (a).''
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-423 effective 60 days after Sept. 19,
1972, or on such prior date after Sept. 19, 1972, as the President
shall prescribe and publish in the Federal Register, see section 9
of Pub. L. 92-423, set out as a note under section 218 of this
title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-218 effective 60 days after Dec. 23,
1971, or on such prior date after Dec. 23, 1971, as the President
shall prescribe and publish in the Federal Register, see section 7
of Pub. L. 92-218, set out as a note under section 218 of this
title.
COORDINATION OF DATA SURVEYS AND REPORTS
Pub. L. 106-113, div.

B, Sec. 1000(a)(6) (title VII, Sec.

703(e)), Nov. 29, 1999, 113 Stat. 1536, 1501A-402, provided that:
''The Secretary of Health and Human Services, through the Assistant
Secretary for Planning and Evaluation, shall establish a
clearinghouse for the consolidation and coordination of all Federal

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 13 of 18

databases and reports regarding children's health.''
FEMALE GENITAL MUTILATION
Pub. L. 104-134, title I, Sec. 101(d) (title V, Sec. 520), Apr.
26, 1996, 110 Stat. 1321-211, 1321-250; renumbered title I, Pub. L.
104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that:
''(a) Congress finds that ''(1) the practice of female genital mutilation is carried out
by members of certain cultural and religious groups within the
United States; and
''(2) the practice of female genital mutilation often results
in the occurrence of physical and psychological health effects
that harm the women involved.
''(b) The Secretary of Health and Human Services shall do the
following:
''(1) Compile data on the number of females living in the
United States who have been subjected to female genital
mutilation (whether in the United States or in their countries of
origin), including a specification of the number of girls under
the age of 18 who have been subjected to such mutilation.
''(2) Identify communities in the United States that practice
female genital mutilation, and design and carry out outreach
activities to educate individuals in the communities on the
physical and psychological health effects of such practice.

Such

outreach activities shall be designed and implemented in
collaboration with representatives of the ethnic groups
practicing such mutilation and with representatives of
organizations with expertise in preventing such practice.
''(3) Develop recommendations for the education of students of
schools of medicine and osteopathic medicine regarding female
genital mutilation and complications arising from such

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 14 of 18

mutilation.

Such recommendations shall be disseminated to such

schools.
''(c) For purposes of this section the term 'female genital
mutilation' means the removal or infibulation (or both) of the
whole or part of the clitoris, the labia minor, or the labia major.
''(d) The Secretary of Health and Human Services shall commence
carrying out this section not later than 90 days after the date of
enactment of this Act (Apr. 26, 1996).''
SENTINEL DISEASE CONCEPT STUDY
Section 1910 of Pub. L. 103-43 directed Secretary of Health and
Human Services, in cooperation with Agency for Toxic Substances and
Disease Registry and Centers for Disease Control and Prevention, to
design and implement a pilot sentinel disease surveillance system
for identifying relationship between occupation of household
members and incidence of subsequent conditions or diseases in other
members of household, and required Director of the National
Institutes of Health to prepare and submit to Congress, not later
than 4 years after June 10, 1993, a report concerning this project.
STUDY OF THYROID MORBIDITY FOR HANFORD, WASHINGTON
Section 161 of Pub. L. 100-607, as amended by Pub. L. 102-531,
title III, Sec. 312(e)(1), Oct. 27, 1992, 106 Stat. 3506, directed
Secretary of Health and Human Services, acting through Director of
Centers for Disease Control and Prevention, to conduct a study of
thyroid morbidity of the population, including Indian tribes and
tribal organizations, in vicinity of Hanford, in State of
Washington, authorized Director to contract out portions of study,
and required Director, not later than 42 months after Nov. 4, 1988,
to transmit a report, including such study, to Congress, chief
executive officers of States of Oregon and Washington, and
governing officials of Indian tribes in vicinity of Hanford,

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 15 of 18

Washington.
NATIONAL COMMISSION ON SLEEP DISORDERS RESEARCH
Section 162 of Pub. L. 100-607 directed Secretary of Health and
Human Services, after consultation with Director of National
Institutes of Health, to establish a National Commission on Sleep
Disorders Research to conduct a comprehensive study of present
state of knowledge of incidence, prevalence, morbidity, and
mortality resulting from sleep disorders, and of social and
economic impact of such disorders, evaluate public and private
facilities and resources (including trained personnel and research
activities) available for diagnosis, prevention, and treatment of,
and research into, such disorders, and identify programs (including
biological, physiological, behavioral, environmental, and social
programs) by which improvement in management and research into
sleep disorders could be accomplished and, not later than 18 months
after initial meeting of Commission, to submit to appropriate
Committees of Congress a final report, and provided for termination
of the Commission 30 days after submission of final report.
RESEARCH WITH RESPECT TO HEALTH RESOURCES AND SERVICES
ADMINISTRATION
Section 632 of Pub. L. 100-607 provided that with respect to any
program of research pursuant to this chapter, any such program
carried out in fiscal year 1987 by an agency other than Health
Resources and Services Administration (or appropriate to be carried
out by such an agency) could not, for each of fiscal years 1989
through 1991, be carried out by such Administration.
CONTINUING CARE FOR PSYCHIATRIC PATIENTS IN FORMER CLINICAL
RESEARCH CENTER AT NATIONAL INSTITUTE ON DRUG ABUSE
Pub. L. 99-117, Sec. 10, Oct. 7, 1985, 99 Stat. 494, provided
that: ''In any fiscal year beginning after September 30, 1981, from

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 16 of 18

funds appropriated for carrying out section 301 of the Public
Health Service Act (this section) with respect to mental health,
the Secretary of Health and Human Services may provide, by contract
or otherwise, for the continuing care of psychiatric patients who
were under active and continuous treatment at the National
Institute on Drug Abuse Clinical Research Center on the date such
Clinical Research Center ceased operations.''
ANALYSIS OF THYROID CANCER; CREATION AND PUBLICATION OF
RADIOEPIDEMIOLOGICAL TABLES
Pub. L. 97-414, Sec. 7, Jan. 4, 1983, 96 Stat. 2059, provided
that:
''(a) In carrying out section 301 of the Public Health Service
Act (this section), the Secretary of Health and Human Services
shall ''(1) conduct scientific research and prepare analyses
necessary to develop valid and credible assessments of the risks
of thyroid cancer that are associated with thyroid doses of
Iodine 131;
''(2) conduct scientific research and prepare analyses
necessary to develop valid and credible methods to estimate the
thyroid doses of Iodine 131 that are received by individuals from
nuclear bomb fallout;
''(3) conduct scientific research and prepare analyses
necessary to develop valid and credible assessments of the
exposure to Iodine 131 that the American people received from the
Nevada atmospheric nuclear bomb tests; and
''(4) prepare and transmit to the Congress within one year
after the date of enactment of this Act (Jan. 4, 1983) a report
with respect to the activities conducted in carrying out
paragraphs (1), (2), and (3).

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 17 of 18

''(b)(1) Within one year after the date of enactment of this Act
(Jan. 4, 1983), the Secretary of Health and Human Services shall
devise and publish radioepidemiological tables that estimate the
likelihood that persons who have or have had any of the radiation
related cancers and who have received specific doses prior to the
onset of such disease developed cancer as a result of these doses.
These tables shall show a probability of causation of developing
each radiation related cancer associated with receipt of doses
ranging from 1 millirad to 1,000 rads in terms of sex, age at time
of exposure, time from exposure to the onset of the cancer in
question, and such other categories as the Secretary, after
consulting with appropriate scientific experts, determines to be
relevant.

Each probability of causation shall be calculated and

displayed as a single percentage figure.
''(2) At the time the Secretary of Health and Human Services
publishes the tables pursuant to paragraph (1), such Secretary
shall also publish ''(A) for the tables of each radiation related cancer, an
evaluation which will assess the credibility, validity, and
degree of certainty associated with such tables; and
''(B) a compilation of the formulas that yielded the
probabilities of causation listed in such tables.

Such formulas

shall be published in such a manner and together with information
necessary to determine the probability of causation of any
individual who has or has had a radiation related cancer and has
received any given dose.
''(3) The tables specified in paragraph (1) and the formulas
specified in paragraph (2) shall be devised from the best available
data that are most applicable to the United States, and shall be
devised in accordance with the best available scientific procedures

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005

U.S. Code

Page 18 of 18

and expertise.

The Secretary of Health and Human Services shall

update these tables and formulas every four years, or whenever he
deems it necessary to insure that they continue to represent the
best available scientific data and expertise.''
TERMINATION OF ADVISORY COMMITTEES
Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a
note under section 217a of this title, provided that an advisory
committee established pursuant to the Public Health Service Act
shall terminate at such time as may be specifically prescribed by
an Act of Congress enacted after Jan. 4, 1975.
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 242, 254c, 254c-8, 263,
282, 284, 284f, 7610 of this title.

Home

Search Download Classification Codification About

Office of the Law Revision Counsel, U.S. House of Representatives

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+370+0++%28%2...

2/4/2005