Attachment A 42USC241

US CODE: Title 42,241. Research and investigations generally

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TITLE 42 > CHAPTER 6A > SUBCHAPTER II > Part A > § 241

§ 241. Research and investigations generally
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(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—

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

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US CODE: Title 42,241. Research and investigations generally

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The Secretary may make available to individuals and entities, for biomedical and
behavioral research, substances and living organisms. Such substances and
organisms shall be made available under such terms and conditions (including
payment for them) as the Secretary determines appropriate.
(b) Testing for carcinogenicity, teratogenicity, mutagenicity, and other
harmful biological effects; consultation
(1) The Secretary shall conduct and may support through grants and
contracts studies and testing of substances for carcinogenicity,
teratogenicity, mutagenicity, and other harmful biological effects. In carrying
out this paragraph, the Secretary shall consult with entities of the Federal
Government, outside of the Department of Health and Human Services,
engaged in comparable activities. The Secretary, upon request of such an
entity and under appropriate arrangements for the payment of expenses,
may conduct for such entity studies and testing of substances for
carcinogenicity, teratogenicity, mutagenicity, and other harmful biological
effects.
(2)
(A) The Secretary shall establish a comprehensive program of
research into the biological effects of low-level ionizing radiation under
which program the Secretary shall conduct such research and may
support such research by others through grants and contracts.
(B) The Secretary shall conduct a comprehensive review of Federal
programs of research on the biological effects of ionizing radiation.
(3) The Secretary shall conduct and may support through grants and
contracts research and studies on human nutrition, with particular emphasis
on the role of nutrition in the prevention and treatment of disease and on the
maintenance and promotion of health, and programs for the dissemination of
information respecting human nutrition to health professionals and the
public. In carrying out activities under this paragraph, the Secretary shall
provide for the coordination of such of these activities as are performed by
the different divisions within the Department of Health and Human Services
and shall consult with entities of the Federal Government, outside of the
Department of Health and Human Services, engaged in comparable
activities. The Secretary, upon request of such an entity and under
appropriate arrangements for the payment of expenses, may conduct and
support such activities for such entity.
(4) The Secretary shall publish a biennial report which contains—
(A) a list of all substances
(i) which either are known to be carcinogens or may reasonably
be anticipated to be carcinogens and
(ii) to which a significant number of persons residing in the
United States are exposed;
(B) information concerning the nature of such exposure and the
estimated number of persons exposed to such substances;
(C) a statement identifying
(i) each substance contained in the list under subparagraph (A)
for which no effluent, ambient, or exposure standard has been
established by a Federal agency, and
(ii) for each effluent, ambient, or exposure standard established
by a Federal agency with respect to a substance contained in the
list under subparagraph (A), the extent to which, on the basis of

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US CODE: Title 42,241. Research and investigations generally

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

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http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000241----000-.html

5/3/2007