Authorizing Legislation: Public Heatlh Service Act

Attachment A
Section 301 of the Public Health Service Act
(42U.S.C. 241)[280-1a]
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 (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, grantsin-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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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
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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.

Section 393 of the Public Health Service Act (42U.S.C. 241)[280-1a]

SEC. 391 [280b] (a) The Secretary, through the Director of the Centers for Disease Control and
Prevention, shall –
(1) conduct, and give assistance to public and nonprofit private entities, scientific institutions, and
individuals engaged in the conduct of, research relating to the causes, mechanisms, prevention,
diagnosis, treatment of injuries, and rehabilitation from injuries;
(2) make grants to, or enter into cooperative agreements or contracts with, public and nonprofit
private entities (including academic institutions, hospitals, and laboratories) and individuals for the
conduct of such research; and
(3) make grants to, or enter into cooperative agreements or contracts with, academic institutions
for the purpose of providing training on the causes, mechanisms, prevention, diagnosis, treatment
of injuries, and rehabilitation from injuries.
(b) The Secretary, through the Director of the Centers for Disease Control and Prevention, shall
collect and disseminate, through publications and other appropriate means, information concerning the
practical applications of research conducted or assisted under subsection (a) of this section. In carrying out
the preceding sentence, the Secretary shall disseminate such information to the public, including through
elementary and secondary schools.

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