Authorizing legislation PHSA

Attachment A-2

Authorizing Legislation

(Section 301 of the Public Health Service Act (42 U.S.C. 241))

Section 241

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.