Att A_ Authorized Legislation

SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT (42 USC 241)
TITLE III – GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE
PART A – RESEARCH AND INVESTIGATION
IN GENERAL
Sec. 301 [Sec. 241] (a) 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  collect and make available through publications and other appropriate means, information
as to, and the practical application of, such research and other activities;
 make available research facilities of the Service to appropriate public authorities, and to
health officials and scientists engaged in special study;
 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;
 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;
 for purposes of study, admit and treat at institutions, hospitals, and stations of the Service,
persons not otherwise eligible for such treatment; 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;
 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,
 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) (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) 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.