Appendix A - Authorizing Legislation

Appendix A

Authorizing Legislation

Appendix A

From the U.S. House of Representatives Downloadable U.S. Code

[uscode.house.gov]

[Laws in effect as of January 5, 1999]

[Document affected by Public Law 104-134 Section 101(d)]

[Document affected by Public Law 104-140 Section 1(a)]

[CITE: 42USC241]

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER II - GENERAL POWERS AND DUTIES

Part A - Research and Investigations

-HEAD-

Sec. 241. Research and investigations generally

-STATUTE-

(a) Authority of Secretary

The Secretary shall conduct in the Service, and encourage,

cooperate with, and render assistance to other appropriate public

authorities, scientific institutions, and scientists in the conduct

of, and promote the coordination of, research, investigations,

experiments, demonstrations, and studies relating to the causes,

diagnosis, treatment, control, and prevention of physical and

mental diseases and impairments of man, including water

purification, sewage treatment, and pollution of lakes and

streams. In carrying out the foregoing the Secretary is authorized

to -

(1) collect and make available through publications and other

appropriate means, information as to, and the practical

application of, such research and other activities;

(2) make available research facilities of the Service to

appropriate public authorities, and to health officials and

scientists engaged in special study;

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

laboratories, and other public or private institutions, and to

individuals for such research projects as are recommended by the

advisory council to the entity of the Department supporting such

projects and make, upon recommendation of the advisory council to

the appropriate entity of the Department, grants-in-aid to public

or nonprofit universities, hospitals, laboratories, and other

institutions for the general support of their research;

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

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

consultants from the United States or abroad;

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

hospitals, and stations of the Service, persons not otherwise

eligible for such treatment;

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

appropriate public and other nonprofit institutions and

organizations, technical advice and assistance on the application

of statistical methods to experiments, studies, and surveys in

health and medical fields;

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

accordance with and subject to the provisions of law applicable

to contracts entered into by the military departments under

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

approval, and certification required thereby shall be by the

Secretary of Health and Human Services; and

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

appropriate entities of the Department or, with respect to mental

health, the National Advisory Mental Health Council, such

additional means as the Secretary considers necessary or

appropriate to carry out the purposes of this section.

The Secretary may make available to individuals and entities, for

biomedical and behavioral research, substances and living

organisms. Such substances and organisms shall be made available

under such terms and conditions (including payment for them) as the

Secretary determines appropriate.

(b) Testing for carcinogenicity, teratogenicity, mutagenicity, and

other harmful biological effects; consultation

(1) The Secretary shall conduct and may support through grants

and contracts studies and testing of substances for

carcinogenicity, teratogenicity, mutagenicity, and other harmful

biological effects. In carrying out this paragraph, the Secretary

shall consult with entities of the Federal Government, outside of

the Department of Health and Human Services, engaged in comparable

activities. The Secretary, upon request of such an entity and

under appropriate arrangements for the payment of expenses, may

conduct for such entity studies and testing of substances for

carcinogenicity, teratogenicity, mutagenicity, and other harmful

biological effects.

(2)(A) The Secretary shall establish a comprehensive program of

research into the biological effects of low-level ionizing

radiation under which program the Secretary shall conduct such

research and may support such research by others through grants and

contracts.

(B) The Secretary shall conduct a comprehensive review of Federal

programs of research on the biological effects of ionizing

radiation.

(3) The Secretary shall conduct and may support through grants

and contracts research and studies on human nutrition, with

particular emphasis on the role of nutrition in the prevention and

treatment of disease and on the maintenance and promotion of

health, and programs for the dissemination of information

respecting human nutrition to health professionals and the public.

In carrying out activities under this paragraph, the Secretary

shall provide for the coordination of such of these activities as

are performed by the different divisions within the Department of

Health and Human Services and shall consult with entities of the

Federal Government, outside of the Department of Health and Human

Services, engaged in comparable activities. The Secretary, upon

request of such an entity and under appropriate arrangements for

the payment of expenses, may conduct and support such activities

for such entity.

(4) The Secretary shall publish a biennial report which contains

-

(A) a list of all substances (i) which either are known to be

carcinogens or may reasonably be anticipated to be carcinogens

and (ii) to which a significant number of persons residing in the

United States are exposed;

(B) information concerning the nature of such exposure and the

estimated number of persons exposed to such substances;

(C) a statement identifying (i) each substance contained in the

list under subparagraph (A) for which no effluent, ambient, or

exposure standard has been established by a Federal agency, and

(ii) for each effluent, ambient, or exposure standard established

by a Federal agency with respect to a substance contained in the

list under subparagraph (A), the extent to which, on the basis of

available medical, scientific, or other data, such standard, and

the implementation of such standard by the agency, decreases the

risk to public health from exposure to the substance; and

(D) a description of (i) each request received during the year

involved -

(I) from a Federal agency outside the Department of Health

and Human Services for the Secretary, or

(II) from an entity within the Department of Health and Human

Services to any other entity within the Department,

to conduct research into, or testing for, the carcinogenicity of

substances or to provide information described in clause (ii) of

subparagraph (C), and (ii) how the Secretary and each such other

entity, respectively, have responded to each such request.

(5) The authority of the Secretary to enter into any contract for

the conduct of any study, testing, program, research, or review, or

assessment under this subsection shall be effective for any fiscal

year only to such extent or in such amounts as are provided in

advance in appropriation Acts.

(c) Diseases not significantly occurring in United States

The Secretary may conduct biomedical research, directly or

through grants or contracts, for the identification, control,

treatment, and prevention of diseases (including tropical diseases)

which do not occur to a significant extent in the United States.

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

The Secretary may authorize persons engaged in biomedical,

behavioral, clinical, or other research (including research on

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

and other psychoactive drugs) to protect the privacy of individuals

who are the subject of such research by withholding from all

persons not connected with the conduct of such research the names

or other identifying characteristics of such individuals. Persons

so authorized to protect the privacy of such individuals may not be

compelled in any Federal, State, or local civil, criminal,

administrative, legislative, or other proceedings to identify such

individuals.

-SOURCE-

(July 1, 1944, ch. 373, title III, Sec. 301, 58 Stat. 691; July 3,

1946, ch. 538, Sec. 7(a), (b), 60 Stat. 423; June 16, 1948, ch.

481, Sec. 4(e), (f), 62 Stat. 467; June 24, 1948, ch. 621, Sec.

4(e), (f), 62 Stat. 601; June 25, 1948, ch. 654, Sec. 1, 62 Stat.

1017; July 3, 1956, ch. 510, Sec. 4, 70 Stat. 490; Pub. L. 86-798,

Sept. 15, 1960, 74 Stat. 1053; Pub. L. 87-838, Sec. 2, Oct. 17,

1962, 76 Stat. 1073; Pub. L. 89-115, Sec. 3, Aug. 9, 1965, 79 Stat.

448; Pub. L. 90-174, Sec. 9, Dec. 5, 1967, 81 Stat. 540; Pub. L.

91-513, title I, Sec. 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L.

91-515, title II, Sec. 292, Oct. 30, 1970, 84 Stat. 1308; Pub. L.

92-218, Sec. 6(a)(2), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-423,

Sec. 7(b), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-282, title I,

Sec. 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93-348, title I,

Sec. 104(a)(1), July 12, 1974, 88 Stat. 346; Pub. L. 93-352, title

I, Sec. 111, July 23, 1974, 88 Stat. 360; Pub. L. 94-278, title I,

Sec. 111, Apr. 22, 1976, 90 Stat. 405; Pub. L. 95-622, title II,

Sec. 261, 262, Nov. 9, 1978, 92 Stat. 3434; Pub. L. 96-88, title V,

Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 99-158, Sec.

3(a)(5), Nov. 20, 1985, 99 Stat. 879; Pub. L. 99-570, title IV,

Sec. 4021(b)(2), Oct. 27, 1986, 100 Stat. 3207-124; Pub. L. 99-660,

title I, Sec. 104, Nov. 14, 1986, 100 Stat. 3751; Pub. L. 100-607,

title I, Sec. 163(1), (2), Nov. 4, 1988, 102 Stat. 3062; Pub. L.

103-43, title XX, Sec. 2009, June 10, 1993, 107 Stat. 213.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(4). Pub. L. 103-43 substituted ''a biennial

report'' for ''an annual report'' in introductory provisions.

1988 - Subsec. (d). Pub. L. 100-607 redesignated concluding

provisions of subsec. (a) of section 242a of this title as subsec.

(d) of this section, substituted ''biomedical, behavioral,

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

including'' for ''research on mental health, including'', and

substituted ''drugs)'' for ''drugs,''.

1986 - Subsec. (a)(3). Pub. L. 99-570 struck out ''or, in the

case of mental health projects, by the National Advisory Mental

Health Council;'' after ''Department supporting such projects'' and

struck out ''or the National Advisory Mental Health Council'' after

''appropriate entity of the Department''.

Subsec. (c). Pub. L. 99-660 added subsec. (c).

1985 - Subsec. (a)(3). Pub. L. 99-158, Sec. 3(a)(5)(A),

substituted ''as are recommended by the advisory council to the

entity of the Department supporting such projects or, in the case

of mental health projects, by the National Advisory Mental Health

Council; and make, upon recommendation of the advisory council to

the appropriate entity of the Department or the National Advisory

Mental Health Council, grants-in-aid to public or nonprofit

universities, hospitals, laboratories, and other institutions for

the general support of their research'' for ''as are recommended by

the National Advisory Health Council, or, with respect to cancer,

recommended by the National Cancer Advisory Board, or, with respect

to mental health, recommended by the National Advisory Mental

Health Council, or with respect to heart, blood vessel, lung, and

blood diseases and blood resources, recommended by the National

Heart, Lung, and Blood Advisory Council, or, with respect to dental

diseases and conditions, recommended by the National Advisory

Dental Research Council; and include in the grants for any such

project grants of penicillin and other antibiotic compounds for use

in such project; and make, upon recommendation of the National

Advisory Health Council, grants-in-aid to public or nonprofit

universities, hospitals, laboratories, and other institutions for

the general support of their research: Provided, That such uniform

percentage, not to exceed 15 per centum, as the Secretary may

determine, of the amounts provided for grants for research projects

for any fiscal year through the appropriations for the National

Institutes of Health may be transferred from such appropriations to

a separate account to be available for such research grants-in-aid

for such fiscal year''.

Subsec. (a)(8). Pub. L. 99-158, Sec. 3(a)(5)(B), substituted

''recommendations of the advisory councils to the appropriate

entities of the Department or, with respect to mental health, the

National Advisory Mental Health Council, such additional means as

the Secretary considers'' for ''recommendation of the National

Advisory Health Council, or, with respect to cancer, upon

recommendation of the National Cancer Advisory Board, or, with

respect to mental health, upon recommendation of the National

Advisory Mental Health Council, or, with respect to heart, blood

vessel, lung, and blood diseases and blood resources, upon

recommendation of the National Heart, Lung and Blood Advisory

Council, or, with respect to dental diseases and conditions, upon

recommendations of the National Advisory Dental Research Council,

such additional means as he deems''.

1978 - Pub. L. 95-622 designated existing provisions as subsec.

(a), redesignated former pars. (a) to (h) as (1) to (8),

respectively, substituted ''Secretary'' for ''Surgeon General''

wherever appearing, and inserted following par. (8) provisions

relating to authority of Secretary to make available to individuals

and entities substances and living organisms, and added subsec.

(b).

1976 - Subsecs. (c), (h). Pub. L. 94-278 substituted ''heart,

blood vessel, lung, and blood diseases and blood resources'' for

''heart diseases'' and ''National Heart, Lung and Blood Advisory

Council'' for ''National Heart and Lung Advisory Council''.

1974 - Subsec. (c). Pub. L. 93-348, Sec. 104(a)(1), redesignated

subsec. (d) as (c) and substituted ''research projects'' for

''research or research training projects'' in two places, ''general

support of their research'' for ''general support of their research

and research training programs'' and ''research grants-in-aid'' for

''research and research training program grants-in-aid''. Former

subsec. (c), authorizing Surgeon General to establish and maintain

research fellowships in the Public Health Service with such

stipends and allowances, including traveling and subsistence

expenses, as he may deem necessary to procure the assistance of the

most brilliant and promising research fellows from the United

States and abroad, was struck out.

Subsec. (d). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated

subsec. (e) as (d).

Pub. L. 93-282 substituted ''mental health, including research on

the use and effect of alcohol and other psychoactive drugs'' for

''the use and effect of drugs'' in former concluding provisions of

section 242a(a) of this title. See 1988 Amendment note above.

Subsecs. (e), (f). Pub. L. 93-348, Sec. 104(a)(1)(C),

redesignated subsecs. (f) and (g) as (e) and (f), respectively.

Former subsec. (e) redesignated (d).

Subsec. (g). Pub. L. 93-352 struck out ''during the fiscal year

ending June 30, 1966, and each of the eight succeeding fiscal

years'' after ''Enter into contracts''. Notwithstanding directory

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

executed to subsec. (g) to reflect the probable intent of Congress

and the intervening redesignation of subsec. (h) as (g) by Pub. L.

93-348.

Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsec. (h) as

(g). Former subsec. (g) redesignated (f).

Subsecs. (h), (i). Pub. L. 93-348, Sec. 104(a)(1)(C),

redesignated subsecs. (h) and (i) as (g) and (h), respectively.

1972 - Subsecs. (d), (i). Pub. L. 92-423 substituted ''National

Heart and Lung Advisory Council'' for ''National Advisory Heart

Council''.

1971 - Subsecs. (d), (i). Pub. L. 92-218 substituted ''National

Cancer Advisory Board'' for ''National Advisory Cancer Council''.

1970 - Subsec. (d). Pub. L. 91-513 added subsec. (d). See 1988

Amendment note above.

Subsec. (h). Pub. L. 91-515 substituted ''eight'' for ''five''

succeeding fiscal years.

1967 - Subsec. (h). Pub. L. 90-174 substituted ''five'' for

''two'' succeeding fiscal years.

1965 - Subsecs. (h), (i). Pub. L. 89-115 added subsec. (h) and

redesignated former subsec. (h) as (i).

1962 - Subsec. (d). Pub. L. 87-838 inserted ''or research

training'' in two places.

1960 - Subsec. (d). Pub. L. 86-798 authorized the Surgeon

General, upon recommendation of the National Advisory Health

Council, to make grants to public or non-profit universities,

hospitals, laboratories, and other institutions to support research

and research training programs, and to make available for such

research and research training programs, up to 15 per centum of

amounts provided for research grants through the appropriations for

the National Institutes of Health.

1956 - Subsecs. (g), (h). Act July 3, 1956, added subsec. (g) and

redesignated former subsec. (g) as (h).

1948 - Subsec. (d). Acts June 16, 1948, Sec. 4(e), and June 24,

1948, Sec. 4(e), made provisions applicable to the National

Advisory Heart Council and the National Advisory Dental Research

Council, respectively.

Subsec. (d). Act June 25, 1948, continued in basic legislation

the authority to purchase penicillin and other antibiotic compounds

for use in research projects.

Subsec. (g). Acts June 16, 1948, Sec. 4(f), and June 24, 1948,

Sec. 4(f), made provisions applicable to the National Advisory

Heart Council and the National Advisory Dental Research Council,

respectively.

1946 - Subsec. (d). Act July 3, 1946, made the National Advisory

Mental Health Council the body to make recommendations to the

Surgeon General on awarding of grants-in-aid for research projects

with respect to mental health.

Subsec. (g). Act July 3, 1946, gave National Advisory Health

Council the right to make recommendations to carry out purposes of

this section.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in subsec. (a)(7),

and ''Department of Health and Human Services'' substituted for

''Department of Health, Education, and Welfare'' in subsec. (b)(1),

(3), and (4)(D)(I), (II), pursuant to section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

-MISC4-

EFFECTIVE DATE OF 1978 AMENDMENT

Sections 261 and 262 of Pub. L. 95-622 provided that the

amendments made by those sections are effective Oct. 1, 1978.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 104(b) of Pub. L. 93-348 provided that: ''The amendments

made by subsection (a) (amending this section and sections 242a,

282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k,

and heading preceding section 289l of this title) shall not apply

with respect to commitments made before the date of the enactment

of this Act (July 12, 1974) by the Secretary of Health, Education,

and Welfare for research training under the provisions of the

Public Health Service Act amended or repealed by subsection (a).''

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-423 effective 60 days after Sept. 19,

1972, or on such prior date after Sept. 19, 1972, as the President

shall prescribe and publish in the Federal Register, see section 9

of Pub. L. 92-423, set out as a note under section 218 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-218 effective 60 days after Dec. 23,

1971, or on such prior date after Dec. 23, 1971, as the President

shall prescribe and publish in the Federal Register, see section 7

of Pub. L. 92-218, set out as a note under section 218 of this

title.

FEMALE GENITAL MUTILATION

Pub. L. 104-134, title I, Sec. 101(d) (title V, Sec. 520), Apr.

26, 1996, 110 Stat. 1321-211, 1321-250; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that:

''(a) Congress finds that -

''(1) the practice of female genital mutilation is carried out

by members of certain cultural and religious groups within the

United States; and

''(2) the practice of female genital mutilation often results

in the occurrence of physical and psychological health effects

that harm the women involved.

''(b) The Secretary of Health and Human Services shall do the

following:

''(1) Compile data on the number of females living in the

United States who have been subjected to female genital

mutilation (whether in the United States or in their countries of

origin), including a specification of the number of girls under

the age of 18 who have been subjected to such mutilation.

''(2) Identify communities in the United States that practice

female genital mutilation, and design and carry out outreach

activities to educate individuals in the communities on the

physical and psychological health effects of such practice. Such

outreach activities shall be designed and implemented in

collaboration with representatives of the ethnic groups

practicing such mutilation and with representatives of

organizations with expertise in preventing such practice.

''(3) Develop recommendations for the education of students of

schools of medicine and osteopathic medicine regarding female

genital mutilation and complications arising from such

mutilation. Such recommendations shall be disseminated to such

schools.

''(c) For purposes of this section the term 'female genital

mutilation' means the removal or infibulation (or both) of the

whole or part of the clitoris, the labia minor, or the labia major.

''(d) The Secretary of Health and Human Services shall commence

carrying out this section not later than 90 days after the date of

enactment of this Act (Apr. 26, 1996).''

SENTINEL DISEASE CONCEPT STUDY

Section 1910 of Pub. L. 103-43 directed Secretary of Health and

Human Services, in cooperation with Agency for Toxic Substances and

Disease Registry and Centers for Disease Control and Prevention, to

design and implement a pilot sentinel disease surveillance system

for identifying relationship between occupation of household

members and incidence of subsequent conditions or diseases in other

members of household, and required Director of the National

Institutes of Health to prepare and submit to Congress, not later

than 4 years after June 10, 1993, a report concerning this project.

STUDY OF THYROID MORBIDITY FOR HANFORD, WASHINGTON

Section 161 of Pub. L. 100-607, as amended by Pub. L. 102-531,

title III, Sec. 312(e)(1), Oct. 27, 1992, 106 Stat. 3506, directed

Secretary of Health and Human Services, acting through Director of

Centers for Disease Control and Prevention, to conduct a study of

thyroid morbidity of the population, including Indian tribes and

tribal organizations, in vicinity of Hanford, in State of

Washington, authorized Director to contract out portions of study,

and required Director, not later than 42 months after Nov. 4, 1988,

to transmit a report, including such study, to Congress, chief

executive officers of States of Oregon and Washington, and

governing officials of Indian tribes in vicinity of Hanford,

Washington.

NATIONAL COMMISSION ON SLEEP DISORDERS RESEARCH

Section 162 of Pub. L. 100-607 directed Secretary of Health and

Human Services, after consultation with Director of National

Institutes of Health, to establish a National Commission on Sleep

Disorders Research to conduct a comprehensive study of present

state of knowledge of incidence, prevalence, morbidity, and

mortality resulting from sleep disorders, and of social and

economic impact of such disorders, evaluate public and private

facilities and resources (including trained personnel and research

activities) available for diagnosis, prevention, and treatment of,

and research into, such disorders, and identify programs (including

biological, physiological, behavioral, environmental, and social

programs) by which improvement in management and research into

sleep disorders could be accomplished and, not later than 18 months

after initial meeting of Commission, to submit to appropriate

Committees of Congress a final report, and provided for termination

of the Commission 30 days after submission of final report.

RESEARCH WITH RESPECT TO HEALTH RESOURCES AND SERVICES

ADMINISTRATION

Section 632 of Pub. L. 100-607 provided that with respect to any

program of research pursuant to this chapter, any such program

carried out in fiscal year 1987 by an agency other than Health

Resources and Services Administration (or appropriate to be carried

out by such an agency) could not, for each of fiscal years 1989

through 1991, be carried out by such Administration.

CONTINUING CARE FOR PSYCHIATRIC PATIENTS IN FORMER CLINICAL

RESEARCH CENTER AT NATIONAL INSTITUTE ON DRUG ABUSE

Pub. L. 99-117, Sec. 10, Oct. 7, 1985, 99 Stat. 494, provided

that: ''In any fiscal year beginning after September 30, 1981, from

funds appropriated for carrying out section 301 of the Public

Health Service Act (this section) with respect to mental health,

the Secretary of Health and Human Services may provide, by contract

or otherwise, for the continuing care of psychiatric patients who

were under active and continuous treatment at the National

Institute on Drug Abuse Clinical Research Center on the date such

Clinical Research Center ceased operations.''

ANALYSIS OF THYROID CANCER; CREATION AND PUBLICATION OF

RADIOEPIDEMIOLOGICAL TABLES

Pub. L. 97-414, Sec. 7, Jan. 4, 1983, 96 Stat. 2059, provided

that:

''(a) In carrying out section 301 of the Public Health Service

Act (this section), the Secretary of Health and Human Services

shall -

''(1) conduct scientific research and prepare analyses

necessary to develop valid and credible assessments of the risks

of thyroid cancer that are associated with thyroid doses of

Iodine 131;

''(2) conduct scientific research and prepare analyses

necessary to develop valid and credible methods to estimate the

thyroid doses of Iodine 131 that are received by individuals from

nuclear bomb fallout;

''(3) conduct scientific research and prepare analyses

necessary to develop valid and credible assessments of the

exposure to Iodine 131 that the American people received from the

Nevada atmospheric nuclear bomb tests; and

''(4) prepare and transmit to the Congress within one year

after the date of enactment of this Act (Jan. 4, 1983) a report

with respect to the activities conducted in carrying out

paragraphs (1), (2), and (3).

''(b)(1) Within one year after the date of enactment of this Act

(Jan. 4, 1983), the Secretary of Health and Human Services shall

devise and publish radioepidemiological tables that estimate the

likelihood that persons who have or have had any of the radiation

related cancers and who have received specific doses prior to the

onset of such disease developed cancer as a result of these doses.

These tables shall show a probability of causation of developing

each radiation related cancer associated with receipt of doses

ranging from 1 millirad to 1,000 rads in terms of sex, age at time

of exposure, time from exposure to the onset of the cancer in

question, and such other categories as the Secretary, after

consulting with appropriate scientific experts, determines to be

relevant. Each probability of causation shall be calculated and

displayed as a single percentage figure.

''(2) At the time the Secretary of Health and Human Services

publishes the tables pursuant to paragraph (1), such Secretary

shall also publish -

''(A) for the tables of each radiation related cancer, an

evaluation which will assess the credibility, validity, and

degree of certainty associated with such tables; and

''(B) a compilation of the formulas that yielded the

probabilities of causation listed in such tables. Such formulas

shall be published in such a manner and together with information

necessary to determine the probability of causation of any

individual who has or has had a radiation related cancer and has

received any given dose.

''(3) The tables specified in paragraph (1) and the formulas

specified in paragraph (2) shall be devised from the best available

data that are most applicable to the United States, and shall be

devised in accordance with the best available scientific procedures

and expertise. The Secretary of Health and Human Services shall

update these tables and formulas every four years, or whenever he

deems it necessary to insure that they continue to represent the

best available scientific data and expertise.''

TERMINATION OF ADVISORY COMMITTEES

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a

note under section 217a of this title, provided that an advisory

committee established pursuant to the Public Health Service Act

shall terminate at such time as may be specifically prescribed by

an Act of Congress enacted after Jan. 4, 1975.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 242, 242a, 254c, 263,

282, 284, 284f, 7610 of this title.

Source: http://www.fda.gov/opacom/laws/phsvcact/sec241.htm