Attachment A - Authorizing Legislation

Attachment A:

Authorizing Legislation: Public Health Service Act (PHSA)

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A--PUBLIC HEALTH SERVICE

SUBCHAPTER II--GENERAL POWERS AND DUTIES

Part A--Research and Investigations

Sec. 241. Research and investigations generally

(a) Authority of Secretary

The Secretary shall conduct in the Service, and encourage, cooperate

with, and render assistance to other appropriate public authorities,

scientific institutions, and scientists in the conduct of, and promote

the coordination of, research, investigations, experiments,

demonstrations, and studies relating to the causes, diagnosis,

treatment, control, and prevention of physical and mental diseases and

impairments of man, including water purification, sewage treatment, and

pollution of lakes and streams. In carrying out the foregoing the

Secretary is authorized to--

(1) collect and make available through publications and other

appropriate means, information as to, and the practical application

of, such research and other activities;

(2) make available research facilities of the Service to

appropriate public authorities, and to health officials and

scientists engaged in special study;

(3) make grants-in-aid to universities, hospitals, laboratories,

and other public or private institutions, and to individuals for

such research projects as are recommended by the advisory council to

the entity of the Department supporting such projects and make, upon

recommendation of the advisory council to the appropriate entity of

the Department, grants-in-aid to public or nonprofit universities,

hospitals, laboratories, and other institutions for the general

support of their research;

(4) secure from time to time and for such periods as he deems

advisable, the assistance and advice of experts, scholars, and

consultants from the United States or abroad;

(5) for purposes of study, admit and treat at institutions,

hospitals, and stations of the Service, persons not otherwise

eligible for such treatment;

(6) make available, to health officials, scientists, and

appropriate public and other nonprofit institutions and

organizations, technical advice and assistance on the application of

statistical methods to experiments, studies, and surveys in health

and medical fields;

(7) enter into contracts, including contracts for research in

accordance with and subject to the provisions of law applicable to

contracts entered into by the military departments under sections

2353 and 2354 of title 10, except that determination, approval, and

certification required thereby shall be by the Secretary of Health

and Human Services; and

(8) adopt, upon recommendations of the advisory councils to the

appropriate entities of the Department or, with respect to mental

health, the National Advisory Mental Health Council, such additional

means as the Secretary considers necessary or appropriate to carry

out the purposes of this section.

The Secretary may make available to individuals and entities, for

biomedical and behavioral research, substances and living organisms.

Such substances and organisms shall be made available under such terms

and conditions (including payment for them) as the Secretary determines

appropriate.

(d) Protection of privacy of individuals who are research subjects

The Secretary may authorize persons engaged in biomedical,

behavioral, clinical, or other research (including research on mental

health, including research on the use and effect of alcohol and other

psychoactive drugs) to protect the privacy of individuals who are the

subject of such research by withholding from all persons not connected

with the conduct of such research the names or other identifying

characteristics of such individuals. Persons so authorized to protect

the privacy of such individuals may not be compelled in any Federal,

State, or local civil, criminal, administrative, legislative, or other

proceedings to identify such individuals.

Source: U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 24, 2002]

[Document not affected by Public Laws enacted between

January 24, 2002 and December 19, 2002]

[CITE: 42USC241]