Authorizing Legislation

§ 241

TITLE 42—THE PUBLIC HEALTH AND WELFARE
TRANSFER OF APPROPRIATED FUNDS

Pub. L. 112–10, div. B, title VIII, § 1828, Apr. 15, 2011,
125 Stat. 162, provided that: ‘‘Hereafter, no funds appropriated by this division or by any previous or subsequent Act shall be available for transfer under section
274 [42 U.S.C. 239l–3] of the PHS Act [Public Health
Service Act].’’

SUBCHAPTER II—GENERAL POWERS AND
DUTIES
PART A—RESEARCH AND INVESTIGATIONS
§ 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, 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

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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 subpara-

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graph (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.
(e) Preterm labor and delivery and infant mortality
The Secretary, acting through the Director of
the Centers for Disease Control and Prevention,
shall expand, intensify, and coordinate the activities of the Centers for Disease Control and
Prevention with respect to preterm labor and
delivery and infant mortality.
(July 1, 1944, ch. 373, title III, § 301, 58 Stat. 691;
July 3, 1946, ch. 538, § 7(a), (b), 60 Stat. 423; June
16, 1948, ch. 481, § 4(e), (f), 62 Stat. 467; June 24,
1948, ch. 621, § 4(e), (f), 62 Stat. 601; June 25, 1948,

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ch. 654, § 1, 62 Stat. 1017; July 3, 1956, ch. 510, § 4,
70 Stat. 490; Pub. L. 86–798, Sept. 15, 1960, 74 Stat.
1053; Pub. L. 87–838, § 2, Oct. 17, 1962, 76 Stat. 1073;
Pub. L. 89–115, § 3, Aug. 9, 1965, 79 Stat. 448; Pub.
L. 90–174, § 9, Dec. 5, 1967, 81 Stat. 540; Pub. L.
91–513, title I, § 3(a), Oct. 27, 1970, 84 Stat. 1241;
Pub. L. 91–515, title II, § 292, Oct. 30, 1970, 84 Stat.
1308; Pub. L. 92–218, § 6(a)(2), Dec. 23, 1971, 85
Stat. 785; Pub. L. 92–423, § 7(b), Sept. 19, 1972, 86
Stat. 687; Pub. L. 93–282, title I, § 122(b), May 14,
1974, 88 Stat. 132; Pub. L. 93–348, title I,
§ 104(a)(1), July 12, 1974, 88 Stat. 346; Pub. L.
93–352, title I, § 111, July 23, 1974, 88 Stat. 360;
Pub. L. 94–278, title I, § 111, Apr. 22, 1976, 90 Stat.
405; Pub. L. 95–622, title II, §§ 261, 262, Nov. 9, 1978,
92 Stat. 3434; Pub. L. 96–88, title V, § 509(b), Oct.
17, 1979, 93 Stat. 695; Pub. L. 99–158, § 3(a)(5), Nov.
20, 1985, 99 Stat. 879; Pub. L. 99–570, title IV,
§ 4021(b)(2), Oct. 27, 1986, 100 Stat. 3207–124; Pub.
L. 99–660, title I, § 104, Nov. 14, 1986, 100 Stat.
3751; Pub. L. 100–607, title I, § 163(1), (2), Nov. 4,
1988, 102 Stat. 3062; Pub. L. 103–43, title XX,
§ 2009, June 10, 1993, 107 Stat. 213; Pub. L. 109–450,
§ 3(a), Dec. 22, 2006, 120 Stat. 3341.)
AMENDMENTS
2006—Subsec. (e). Pub. L. 109–450 added subsec. (e).
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, § 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’’.

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Subsec. (a)(8). Pub. L. 99–158, § 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, § 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, § 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, § 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, § 104(a)(1)(C), redesignated subsec. (h)
as (g). Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Pub. L. 93–348, § 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.

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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, § 4(e), and June
24, 1948, § 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, § 4(f), and June 24, 1948,
§ 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 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.
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.
COORDINATION OF DATA SURVEYS AND REPORTS
Pub. L. 106–113, div. B, § 1000(a)(6) [title VII, § 703(e)],
Nov. 29, 1999, 113 Stat. 1536, 1501A–402, provided that:
‘‘The Secretary of Health and Human Services, through
the Assistant Secretary for Planning and Evaluation,

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shall establish a clearinghouse for the consolidation
and coordination of all Federal databases and reports
regarding children’s health.’’
FEMALE GENITAL MUTILATION
Pub. L. 104–134, title I, § 101(d) [title V, § 520], Apr. 26,
1996, 110 Stat. 1321–211, 1321–250; renumbered title I,
Pub. L. 104–140, § 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, § 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

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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, § 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, § 7, Jan. 4, 1983, 96 Stat. 2059, as amended by Pub. L. 109–482, title I, § 104(b)(3)(A), Jan. 15, 2007,
120 Stat. 3694, 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;
and
‘‘(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.
‘‘(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,

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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.’’
TERMINATION OF ADVISORY COMMITTEES
Pub. L. 93–641, § 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.
EXECUTIVE ORDER NO. 13435
Ex. Ord. No. 13435, June 20, 2007, 72 F.R. 34591, which
directed research with stem cells not derived from the
creation or destruction of a human embryo or fetus,
was revoked by Ex. Ord. No. 13505, § 5(b), Mar. 9, 2009, 74
F.R. 10668, set out below.
EX. ORD. NO. 13505. REMOVING BARRIERS TO RESPONSIBLE
SCIENTIFIC RESEARCH INVOLVING HUMAN STEM CELLS
Ex. Ord. No. 13505, Mar. 9, 2009, 74 F.R. 10667, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy. Research involving human embryonic stem cells and human non-embryonic stem cells
has the potential to lead to better understanding and
treatment of many disabling diseases and conditions.
Advances over the past decade in this promising scientific field have been encouraging, leading to broad
agreement in the scientific community that the research should be supported by Federal funds.
For the past 8 years, the authority of the Department
of Health and Human Services, including the National
Institutes of Health (NIH), to fund and conduct human
embryonic stem cell research has been limited by Presidential actions. The purpose of this order is to remove
these limitations on scientific inquiry, to expand NIH
support for the exploration of human stem cell research, and in so doing to enhance the contribution of
America’s scientists to important new discoveries and
new therapies for the benefit of humankind.
SEC. 2. Research. The Secretary of Health and Human
Services (Secretary), through the Director of NIH, may
support and conduct responsible, scientifically worthy
human stem cell research, including human embryonic
stem cell research, to the extent permitted by law.
SEC. 3. Guidance. Within 120 days from the date of this
order, the Secretary, through the Director of NIH, shall
review existing NIH guidance and other widely recognized guidelines on human stem cell research, including provisions establishing appropriate safeguards, and
issue new NIH guidance on such research that is consistent with this order. The Secretary, through NIH,
shall review and update such guidance periodically, as
appropriate.
SEC. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subject
to the availability of appropriations.

Page 122

(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to an executive department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
SEC. 5. Revocations. (a) The Presidential statement of
August 9, 2001, limiting Federal funding for research involving human embryonic stem cells, shall have no further effect as a statement of governmental policy.
(b) Executive Order 13435 of June 20, 2007, which supplements the August 9, 2001, statement on human embryonic stem cell research, is revoked.
BARACK OBAMA.
GUIDELINES FOR HUMAN STEM CELL RESEARCH
Memorandum of President of the United States, July
30, 2009, 74 F.R. 38885, provided:
Memorandum for the Heads of Executive Departments and Agencies
As outlined in Executive Order 13505 of March 9, 2009,
my Administration is committed to supporting and
conducting ethically responsible, scientifically worthy
human stem cell research, including human embryonic
stem cell research, to the extent permitted by law. Pursuant to that order, the National Institutes of Health
(NIH) published final ‘‘National Institutes of Health
Guidelines for Human Stem Cell Research’’ (Guidelines), effective July 7, 2009. These Guidelines apply to
the expenditure of NIH funds for research using human
embryonic stem cells and certain uses of human induced pluripotent stem cells. The Guidelines are based
on the principles that responsible research with human
embryonic stem cells has the potential to improve our
understanding of human biology and aid in the discovery of new ways to prevent and treat illness, and that
individuals donating embryos for research purposes
should do so freely, with voluntary and informed consent. These Guidelines will ensure that NIH-funded research adheres to the highest ethical standards.
In order to ensure that all federally funded human
stem cell research is conducted according to these
same principles and to promote a uniform Federal policy across the executive branch, I hereby direct the
heads of executive departments and agencies that support and conduct stem cell research to adopt these
Guidelines, to the fullest extent practicable in light of
legal authorities and obligations. I also direct those departments and agencies to submit to the Director of
the Office of Management and Budget (OMB), within 90
days, proposed additions or revisions to any other guidance, policies, or procedures related to human stem cell
research, consistent with Executive Order 13505 and
this memorandum. The Director of the OMB shall, in
coordination with the Director of NIH, review these
proposals to ensure consistent implementation of Executive Order 13505 and this memorandum.
This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other
person. Executive departments and agencies shall carry
out the provisions of this memorandum to the extent
permitted by law and consistent with their statutory
and regulatory authorities and their enforcement
mechanisms.
The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 242. Studies and investigations on use and misuse of narcotic drugs and other drugs; annual report to Attorney General; cooperation
with States
(a) In carrying out the purposes of section 241
of this title with respect to drugs the use or misuse of which might result in drug abuse or dependency, the studies and investigations authorized therein shall include the use and misuse of
narcotic drugs and other drugs. Such studies and
investigations shall further include the quantities of crude opium, coca leaves, and their
salts, derivatives, and preparations, and other
drugs subject to control under the Controlled
Substances Act [21 U.S.C. 801 et seq.] and Controlled Substances Import and Export Act [21
U.S.C. 951 et seq.], together with reserves thereof, necessary to supply the normal and emergency medicinal and scientific requirements of
the United States. The results of studies and investigations of the quantities of narcotic drugs
or other drugs subject to control under such
Acts, together with reserves of such drugs, that
are necessary to supply the normal and emergency medicinal and scientific requirements of
the United States, shall be reported not later
than the first day of April of each year to the
Attorney General, to be used at his discretion in
determining manufacturing quotas or importation requirements under such Acts.
(b) The Surgeon General shall cooperate with
States for the purpose of aiding them to solve
their narcotic drug problems and shall give authorized representatives of the States the benefit of his experience in the care, treatment, and
rehabilitation of narcotic addicts to the end
that each State may be encouraged to provide
adequate facilities and methods for the care and
treatment of its narcotic addicts.
(July 1, 1944, ch. 373, title III, § 302, 58 Stat. 692;
Pub. L. 91–513, title II, § 701(j), Oct. 27, 1970, 84
Stat. 1282.)
REFERENCES IN TEXT
The Controlled Substances Act, referred to in subsec.
(a), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat.
1242, as amended, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food
and Drugs. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of Title 21 and Tables.
The Controlled Substances Import and Export Act,
referred to in subsec. (a), is title III of Pub. L. 91–513,
Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. For complete classification of this
Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables.
AMENDMENTS
1970—Subsec. (a). Pub. L. 91–513 inserted references to
drug dependency, drugs other than narcotic drugs, and
substances subject to control under the Controlled Substances Act and the Controlled Substances Import and
Export Act, substituted the first day of April of each
year for the first day of September of each year as the
date by which the study results must be submitted,
substituted the Attorney General for the Secretary of
the Treasury as the officer to whom the report is to be
submitted, and struck out references to the Narcotic
Drugs Import and Export Act.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–513 effective on first day of
seventh calendar month that begins after Oct. 26, 1970,

§ 242b

see section 704 of Pub. L. 91–513, set out as an Effective
Date note under section 801 of Title 21, Food and Drugs.
SAVINGS PROVISION
Amendment by Pub. L. 91–513 not to affect or abate
any prosecutions for violation of law or any civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of such amendment,
and all administrative proceedings pending before the
Bureau of Narcotics and Dangerous Drugs on Oct. 27,
1970, to be continued and brought to final determination in accord with laws and regulations in effect prior
to Oct. 27, 1970, see section 702 of Pub. L. 91–513, set out
as a note under section 321 of Title 21, Food and Drugs.
TRANSFER OF FUNCTIONS
Office of Surgeon General abolished by section 3 of
Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855,
80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of
Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education,
and Welfare redesignated Secretary of Health and
Human Services by section 509(b) of Pub. L. 96–88 which
is classified to section 3508(b) of Title 20, Education.
MARIHUANA AND HEALTH REPORTING
Pub. L. 91–296, title V, June 30, 1970, 84 Stat. 352, as
amended by Pub. L. 95–461, § 3(a), Oct. 14, 1978, 92 Stat.
1268; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat.
695, known as the Marihuana and Health Reporting Act,
which required the Secretary of Health and Human
Services, after consultation with the Surgeon General
and other appropriate individuals, to transmit a report
to the Congress on or before January 31, 1971, and biennially thereafter (1) containing current information on
the health consequences of using marihuana, and (2)
containing such recommendations for legislative and
administrative action as he may deem appropriate, was
repealed by Pub. L. 98–24, § 2(d), Apr. 26, 1983, 97 Stat.
182.

§ 242a. Repealed. Pub. L. 106–310, div. B, title
XXXII, § 3201(b)(1), Oct. 17, 2000, 114 Stat.
1190
Section, act July 1, 1944, ch. 373, title III, § 303, as
added July 3, 1946, ch. 538, § 7(c), 60 Stat. 423; amended
Aug. 2, 1956, ch. 871, title V, § 501, 70 Stat. 929; Pub. L.
91–513, title I, § 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L.
93–282, title I, § 122(b), May 14, 1974, 88 Stat. 132; Pub. L.
93–348, title I, § 104(a)(2), July 12, 1974, 88 Stat. 346; Pub.
L. 95–633, title I, § 108(b), Nov. 10, 1978, 92 Stat. 3773; Pub.
L. 96–398, title VIII, § 803(a), Oct. 7, 1980, 94 Stat. 1607;
Pub. L. 100–177, title II, § 202(a), Dec. 1, 1987, 101 Stat.
996; Pub. L. 100–607, title I, § 163(1)(A), Nov. 4, 1988, 102
Stat. 3062; Pub. L. 100–690, title II, § 2058(b), Nov. 18,
1988, 102 Stat. 4214; Pub. L. 101–597, title IV, § 401(b)[(a)],
Nov. 16, 1990, 104 Stat. 3035; Pub. L. 102–321, title I,
§ 115(b), July 10, 1992, 106 Stat. 348; Pub. L. 102–408, title
III, § 305, Oct. 13, 1992, 106 Stat. 2084; Pub. L. 105–392,
title IV, § 403, Nov. 13, 1998, 112 Stat. 3588, related to
mental health.

§ 242b. General authority respecting research,
evaluations, and demonstrations in health
statistics, health services, and health care
technology
(a) Scope of activities
The Secretary may, through the Agency for
Healthcare Research and Quality or the National Center for Health Statistics, or using
Ruth L. Kirschstein National Research Service
Awards or other appropriate authorities, undertake and support training programs to provide
for an expanded and continuing supply of individuals qualified to perform the research, eval-

§ 242b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

uation, and demonstration projects set forth in
section 242k of this title and in subchapter VII
of this chapter.
(b) Additional authority; scope of activities
To implement subsection (a) of this section
and section 242k of this title, the Secretary
may, in addition to any other authority which
under other provisions of this chapter or any
other law may be used by him to implement
such subsection, do the following:
(1) Utilize personnel and equipment, facilities, and other physical resources of the Department of Health and Human Services, permit appropriate (as determined by the Secretary) entities and individuals to utilize the
physical resources of such Department, provide technical assistance and advice, make
grants to public and nonprofit private entities
and individuals, and, when appropriate, enter
into contracts with public and private entities
and individuals.
(2) Admit and treat at hospitals and other
facilities of the Service persons not otherwise
eligible for admission and treatment at such
facilities.
(3) Secure, from time to time and for such
periods as the Secretary deems advisable but
in accordance with section 3109 of title 5, the
assistance and advice of consultants from the
United States or abroad. The Secretary may
for the purpose of carrying out the functions
set forth in sections 242c,1 242k, and 242n 1 of
this title, obtain (in accordance with section
3109 of title 5, but without regard to the limitation in such section on the number of days
or the period of service) for each of the centers
the services of not more than fifteen experts
who have appropriate scientific or professional
qualifications.
(4) Acquire, construct, improve, repair, operate, and maintain laboratory, research, and
other necessary facilities and equipment, and
such other real or personal property (including
patents) as the Secretary deems necessary;
and acquire, without regard to section 8141 of
title 40, by lease or otherwise, through the Administrator of General Services, buildings or
parts of buildings in the District of Columbia
or communities located adjacent to the District of Columbia.
(c) Coordination of activities through units of
Department
(1) The Secretary shall coordinate all health
services research, evaluations, and demonstrations, all health statistical and epidemiological
activities, and all research, evaluations, and
demonstrations respecting the assessment of
health care technology undertaken and supported through units of the Department of
Health and Human Services. To the maximum
extent feasible such coordination shall be carried out through the Agency for Healthcare Research and Quality and the National Center for
Health Statistics.
(2) The Secretary shall coordinate the health
services research, evaluations, and demonstrations, the health statistical and (where appropriate) epidemiological activities, and the re1 See

References in Text note below.

Page 124

search, evaluations, and demonstrations respecting the assessment of health care technology authorized by this chapter through the
Agency for Healthcare Research and Quality and
the National Center for Health Statistics.
(July 1, 1944, ch. 373, title III, § 304, as added July
28, 1955, ch. 417, § 3, 69 Stat. 382; amended Aug. 2,
1956, ch. 871, title V, § 502, 70 Stat. 930; Pub. L.
90–174, § 3(a), Dec. 5, 1967, 81 Stat. 534; Pub. L.
91–296, title IV, § 401(b)(1)(A), June 30, 1970, 84
Stat. 352; Pub. L. 91–515, title II, §§ 201(a)–(c), 202,
203, Oct. 30, 1970, 84 Stat. 1301–1303; Pub. L. 93–45,
title I, § 102, June 18, 1973, 87 Stat. 91; Pub. L.
93–353, title I, § 103, July 23, 1974, 88 Stat. 362;
Pub. L. 95–623, §§ 3, 7, Nov. 9, 1978, 92 Stat. 3443,
3451; Pub. L. 96–32, § 5(a)–(c), July 10, 1979, 93
Stat. 82; Pub. L. 97–35, title IX, § 918, Aug. 13,
1981, 95 Stat. 565; Pub. L. 98–551, § 5(c), Oct. 30,
1984, 98 Stat. 2819; Pub. L. 101–239, title VI,
§ 6103(e)(1), Dec. 19, 1989, 103 Stat. 2205; Pub. L.
103–183, title V, § 501(b), Dec. 14, 1993, 107 Stat.
2237; Pub. L. 106–129, § 2(b)(2), Dec. 6, 1999, 113
Stat. 1670; Pub. L. 107–206, title I, § 804(c), Aug. 2,
2002, 116 Stat. 874.)
REFERENCES IN TEXT
Sections 242c and 242n of this title, referred to in subsec. (b)(3), were repealed by Pub. L. 101–239, title VI,
§ 6103(d)(1), Dec. 19, 1989, 103 Stat. 2205.
CODIFICATION
In subsec. (b)(4), ‘‘section 8141 of title 40’’ substituted
for ‘‘the Act of March 3, 1877 (40 U.S.C. 34)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303,
the first section of which enacted Title 40, Public
Buildings, Property, and Works.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–206 substituted ‘‘Ruth L.
Kirschstein National Research Service Awards’’ for
‘‘National Research Service Awards’’.
1999—Subsecs. (a), (c). Pub. L. 106–129 substituted
‘‘Agency for Healthcare Research and Quality’’ for
‘‘Agency for Health Care Policy and Research’’ wherever appearing.
1993—Subsec. (d). Pub. L. 103–183 struck out subsec.
(d) which directed Secretary to conduct an ongoing
study of present and projected future health costs of
pollution and other environmental conditions resulting
from human activity and to submit to Congress reports
on the study.
1989—Subsec. (a). Pub. L. 101–239, § 6103(e)(1)(B), substituted ‘‘the Agency for Health Care Policy and Research’’ for ‘‘the National Center for Health Services
Research and Health Care Technology Assessment’’ and
‘‘in section 242k of this title and in subchapter VII of
this chapter’’ for ‘‘in sections 242c, 242k, and 242n of
this title’’.
Pub. L. 101–239, § 6103(e)(1)(A), redesignated par. (3) as
entire subsec. (a) and struck out pars. (1) and (2) which
required Secretary to conduct and support research,
demonstrations, evaluations, and statistical and epidemiological activities for purpose of improving health
services in the United States, and which specified types
of activities Secretary was to emphasize in carrying
out par. (1).
Subsec. (b). Pub. L. 101–239, § 6103(e)(1)(C), substituted
‘‘subsection (a) of this section and section 242k of this
title’’ for ‘‘subsection (a) of this section’’.
Subsec. (c)(1), (2). Pub. L. 101–239, § 6103(e)(1)(D), substituted ‘‘the Agency for Health Care Policy and Research’’ for ‘‘the National Center for Health Services
Research and Health Care Technology Assessment’’.
1984—Subsec. (a)(1). Pub. L. 98–551, § 5(c)(1), (2), substituted ‘‘the National Center for Health Services Research and Health Care Technology Assessment and the

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

National Center for Health Statistics’’ for ‘‘the National Center for Health Services Research, the National Center for Health Statistics, and the National
Center for Health Care Technology’’.
Subsec. (a)(3). Pub. L. 98–551, § 5(c)(1), (3), substituted
‘‘the National Center for Health Services Research and
Health Care Technology Assessment or the National
Center for Health Statistics’’ for ‘‘the National Center
for Health Services Research, the National Center for
Health Statistics, or the National Center for Health
Care Technology’’.
Subsec. (c)(1), (2). Pub. L. 98–551, § 5(c)(1), (2), substituted ‘‘the National Center for Health Services Research and Health Care Technology Assessment and the
National Center for Health Statistics’’ for ‘‘the National Center for Health Services Research, the National Center for Health Statistics, and the National
Center for Health Care Technology’’.
1981—Subsec. (a)(3). Pub. L. 97–35, § 918(a), substituted
‘‘may’’ for ‘‘shall’’, ‘‘or the’’ for ‘‘and the’’, ‘‘or using’’
for ‘‘and using’’, and ‘‘or other’’ for ‘‘and other’’.
Subsecs. (b)(1), (c)(1). Pub. L. 97–35, § 918(d)(1), substituted ‘‘Health and Human Services’’ for ‘‘Health,
Education, and Welfare’’.
Subsec. (d)(1). Pub. L. 97–35, § 918(b)(1), (2), substituted
provisions relating to advice and assistance of the National Academy of Sciences, for provisions relating to
joint authority of the National Academy of Sciences,
and struck out definition of ‘‘Academy’’ as meaning the
National Academy of Sciences.
Subsec. (d)(3). Pub. L. 97–35, § 918(b)(3), (c), (d)(2), substituted ‘‘every three years’’ for ‘‘every two years’’, and
‘‘Energy and’’ for ‘‘Interstate and Foreign’’, and struck
out references to the Academy.
1979—Subsec. (b)(1), (3). Pub. L. 96–32, § 5(a), (b),
amended directory language of Pub. L. 95–623, § 3(b), (d),
and required no change in text. See 1978 Amendment
note below.
Subsec. (d). Pub. L. 96–32, § 5(c), substituted ‘‘(d)’’ for
‘‘(e)’’ as designation of subsection added by Pub. L.
95–623, § 7, thereby correcting the subsection designation.
1978—Subsec. (a)(1). Pub. L. 95–623, § 3(a), substituted
provision for the Secretary acting through the National Center for Health Care Technology for such action through other units of the Department of Health,
Education, and Welfare and ‘‘conduct’’ for ‘‘undertake’’, included epidemiological activities, and declared as an objective the improvement of the effectiveness, efficiency, and quality of Federal health services.
Subsec. (a)(2). Pub. L. 95–623, § 3(a), provided for emphasis to demonstrations, evaluations, and epidemiological activities; redesignated as subpar. (A) former
subpar. (C); struck out ‘‘technology’’ and ‘‘quality’’
after ‘‘organization,’’ and ‘‘utilization,’’, respectively,
and end clause ‘‘including systems for the delivery of
preventive, personal, and mental health care’’ and
former subpar. (A) activities respecting ‘‘the determination of an individual’s health’’; added subpars. (B)
through (D); struck out former subpar. (D) activities
respecting ‘‘individual and community knowledge of individual health and the systems for the delivery of
health care’’; added subpars. (E) through (I); and redesignated as subpar. (J) former subpar. (B).
Subsec. (a)(3). Pub. L. 95–623, § 3(a), added par. (3).
Subsec. (b)(1). Pub. L. 95–623, § 3(b), as amended by
Pub. L. 96–32, § 5(a), substituted ‘‘, when appropriate,
enter into contracts with public and private entities
and individuals’’ for ‘‘enter into contracts with public
and private entities and individuals, for (A) health
services research, evaluation, and demonstrations, and
(B) health services research and health statistics training, and (C) health statistical activities’’.
Subsec. (b)(3). Pub. L. 95–623, § 3(d), as amended by
Pub. L. 96–32, § 5(b), substituted ‘‘advisable but in accordance with section 3109 of title 5’’ for ‘‘advisable’’,
struck out ‘‘experts and’’ before ‘‘consultants’’, and authorized the Secretary to obtain for the centers the
services of experts with appropriate scientific or professional qualifications.

§ 242b

Subsec. (c). Pub. L. 95–623, § 3(c), designated existing
text as par. (1), substituted ‘‘evaluations, and demonstrations, all health statistical and epidemiological
activities, and all research, evaluations, and demonstrations respecting the assessment of health care
technology’’ for ‘‘evaluation, demonstration, and
health statistical activities’’ before ‘‘undertaken and
supported’’, required coordination of activities to also
be carried out through the National Center for Health
Care Technology, and added par. (2).
Subsec. (d). Pub. L. 95–623, § 7, as amended by Pub. L.
96–32, § 5(c), added subsec. (d).
1974—Pub. L. 93–353, in revising generally provisions
of subsecs. (a) to (c), provided for general authority respecting health statistics and health services research,
evaluation, and demonstrations, subsec. (a) relating to
scope of activities, subsec. (b) relating to additional authority and scope of activities, and subsec. (c) relating
to coordination of activities through units of the Department. Former provisions related to research and
demonstrations relating to health facilities and services, subsec. (a) relating to grants and contracts for
projects for research, experiments, or demonstrations
and related training, cost limitation, wage rates, labor
standards, and other conditions, and payments (former
subsec. (a)(2) and (3) now being covered by section
242m(h) and (e), respectively), subsec. (b) relating to
systems analysis of national health care plans, and cost
and coverage report on existing legislative proposals,
and subsec. (c) relating to authorization of appropriations.
1973—Subsec. (c)(1). Pub. L. 93–45 authorized appropriations of $42,617,000 for fiscal year ending June 30,
1974.
1970—Subsec. (a)(1). Pub. L. 91–515, §§ 201(a)(1), 203, redesignated subsec. (a) as (a)(1), substituted ‘‘(A)’’ and
‘‘(B)’’ for ‘‘(1)’’ and ‘‘(2)’’, and ‘‘(i) to (iii)’’ for ‘‘(A) to
(C)’’, and added cls. (iv) and (v).
Subsec. (a)(2). Pub. L. 91–515, § 201(a)(2), redesignated
subsec. (b) as (a)(2), and substituted ‘‘subsection’’ for
‘‘section’’ wherever appearing.
Subsec. (a)(3). Pub. L. 91–515, §§ 201(a)(3), 202, redesignated subsec. (c) as (a)(3)(A), substituted ‘‘subsection’’
for ‘‘section’’ wherever appearing, and added subsec.
(a)(3)(B).
Subsec. (b). Pub. L. 91–515, § 201(a)(2)(A), (b), added
subsec. (b). Former subsec. (b) redesignated (a)(2).
Subsecs. (c), (d). Pub. L. 91–515, §§ 201(a)(3)(A), (c),
202(1), redesignated subsec. (d) as (c), and substituted
provisions authorizing appropriations for the fiscal
years ending June 30, 1971, June 30, 1972, and June 30,
1973, and authorizing to be appropriated such additional
sums for each fiscal year as may be necessary to carry
out the provisions of subsec. (b), for provisions authorizing appropriations of $20,000,000 for the fiscal year
ending June 30, 1968, $40,000,000 for the fiscal year ending June 30, 1969, and $60,000,000 for the fiscal year ending June 30, 1970. Former subsec. (c) redesignated
(a)(3)(A).
Pub. L. 91–296 struck out provisions authorizing use
of appropriated funds for evaluation of program authorized by this section. See section 229b of this title.
1967—Pub. L. 90–174 substituted provisions of subsecs.
(a) to (d) for research and demonstrations relating to
health facilities (incorporated from former section 291n
of this title) for provisions of former subsecs. (a) to (d)
for mental health study including grants for special
projects, conditions thereof, and definition of ‘‘organization’’, authorization of appropriations, terms of
grant, availability of amounts otherwise appropriated
and noninterference with research and study programs
of the National Institute of Mental Health, and acceptance of additional financial support.
1956—Act Aug. 2, 1956, changed heading of section 304
of act July 1, 1944 from ‘‘Grants for special projects in
mental health’’ to ‘‘Mental health study grants’’. Section heading has been changed for purposes of codification.
EFFECTIVE DATE OF 1970 AMENDMENTS
Section 201(d) of Pub. L. 91–515 provided that: ‘‘The
amendments made by subsection (c) of this section

§ 242c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

[amending this section] shall be effective only with respect to fiscal years ending after June 30, 1970.’’
Section 401(b)(1) of Pub. L. 91–296 provided that the
amendment made by that section is effective with respect to appropriations for fiscal years beginning after
June 30, 1970.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment of section by act Aug. 2, 1956, effective
July 1, 1956, see section 503 of act Aug. 2, 1956.
TRANSFER OF FUNCTIONS
Office of Surgeon General abolished by section 3 of
Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855,
80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of
Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education,
and Welfare redesignated Secretary of Health and
Human Services by section 509(b) of Pub. L. 96–88 which
is classified to section 3508(b) of Title 20, Education.
COMMISSION ON SYSTEMIC INTEROPERABILITY
Pub. L. 108–173, title X, § 1012, Dec. 8, 2003, 117 Stat.
2435, directed the Secretary of Health and Human Services to establish a commission to be known as the
‘‘Commission on Systemic Interoperability’’, which
would develop a comprehensive strategy for the adoption and implementation of health care information
technology standards, and which would terminate 30
days after submitting a report, not later than Oct. 31,
2005, to the Secretary and to Congress, describing the
strategy developed.
MODEL STANDARDS WITH RESPECT TO PREVENTIVE
HEALTH SERVICES IN COMMUNITIES
Pub. L. 95–83, title III, § 314, Aug. 1, 1977, 91 Stat. 398,
required the Secretary of Health, Education, and Welfare, within two years of Aug. 1, 1977, to establish
model standards with respect to preventive health services in communities and report such standards to Congress.
TRANSFER OF EQUIPMENT
Pub. L. 94–573, § 15, Oct. 21, 1976, 90 Stat. 2719, provided
that notwithstanding any other provision of law, the
Secretary of Health, Education, and Welfare could vest
title to equipment purchased with funds under the
seven contracts for emergency medical services demonstration projects entered into in 1972 and 1973 under
this section (as in effect at the time the contracts were
entered into), and by contractors with the United
States under such contracts or subcontractors under
such contracts, in such contractors or subcontractors
without further obligation to the Government or on
such terms as the Secretary considered appropriate.
CONGRESSIONAL DECLARATION OF PURPOSE
Section 2 of Joint Res. July 28, 1955, provides a Congressional statement of the critical need for an analysis and reevaluation of the human and economic problems of mental illness and of the resources, methods,
and practices utilized in diagnosing, treating, caring
for, and rehabilitating the mentally ill, both within
and outside of institutions, as might lead to the development of recommendations for such better utilization
of those resources or such improvements on and new
developments in methods of diagnosis, treatment, care,
and rehabilitation as give promise of resulting in a
marked reduction in the incidence or duration of mental illness and, in consequence, a lessening of the appalling emotional and financial drain on the families of
those afflicted or on the economic resources of the
States and of the Nation and a declaration of the policy
to promote mental health and to help solve the complex and the interrelated problems posed by mental illness by encouraging the undertaking of nongovernmental, multidisciplinary research into and reevalua-

Page 126

tion of all aspects of our resources, methods, and practices for diagnosing, treating, caring for, and rehabilitating the mentally ill, including research aimed at the
prevention of mental illness.
CHILDREN’S EMOTIONAL ILLNESS STUDY; PROGRAM
GRANTS; CONDITIONS; DEFINITIONS; APPROPRIATIONS;
TERMS OF GRANT
Pub. L. 89–97, title II, § 231, July 30, 1965, 79 Stat. 360,
as amended by Pub. L. 90–248, title III, § 305, Jan. 2, 1968,
81 Stat. 929, authorized the Secretary of Health, Education, and Welfare upon the recommendation of the
National Advisory Mental Health Council and after securing the advice of experts in pediatrics and child welfare, to make grants to organizations on certain conditions for carrying out a program of research into and
study of resources, methods, and practices for diagnosing or preventing emotional illness in children and of
treating, caring for, and rehabilitating children with
emotional illnesses, defined ‘‘organization’’, and authorized appropriations for the making of such grants
for fiscal years ending June 30, 1966, and June 30, 1967,
with such research and study to be completed not later
than three years from the date it was inaugurated.

§ 242c. Repealed. Pub. L. 101–239, title VI,
§ 6103(d)(1)(A), Dec. 19, 1989, 103 Stat. 2205
Section, act July 1, 1944, ch. 373, title III, § 305, as
added July 3, 1956, ch. 510, § 3, 70 Stat. 490; amended Oct.
30, 1970, Pub. L. 91–515, title II, § 210, 84 Stat. 1303; June
18, 1973, Pub. L. 93–45, title I, § 103, 87 Stat. 91; July 23,
1974, Pub. L. 93–353, title I, § 104, 88 Stat. 363; Oct. 8, 1976,
Pub. L. 94–460, title III, § 301, 90 Stat. 1960; Nov. 9, 1978,
Pub. L. 95–623, § 4, 92 Stat. 3445; Aug. 13, 1981, Pub. L.
97–35, title IX, § 919(a)(1), (2)(A), (3), (b)(1), (c), (d), 95
Stat. 565, 566; Oct. 30, 1984, Pub. L. 98–551, §§ 5(a), (b), 6,
98 Stat. 2817, 2819, 2820; Oct. 7, 1985, Pub. L. 99–117, § 6,
99 Stat. 492; Nov. 14, 1986, Pub. L. 99–660, title III,
§ 311(b)(2), 100 Stat. 3779; Dec. 1, 1987, Pub. L. 100–177,
title I, §§ 101, 102, 101 Stat. 987; Nov. 4, 1988, Pub. L.
100–607, title II, § 204(1), 102 Stat. 3079; Nov. 18, 1988, Pub.
L. 100–690, title II, § 2620(b)(3), 102 Stat. 4244; Aug. 16,
1989, Pub. L. 101–93, § 5(e)(3), 103 Stat. 612, related to National Center for Health Services Research and Health
Care Technology Assessment.
TERMINATION OF NATIONAL CENTER FOR HEALTH SERVICES RESEARCH AND HEALTH CARE TECHNOLOGY ASSESSMENT

Section 6103(d)(1)(A) of Pub. L. 101–239 provided in
part that the National Center for Health Services Research and Health Care Technology Assessment is terminated.
TRANSITIONAL AND SAVINGS PROVISIONS FOR
PUB. L. 101–239
For provision transferring personnel of Department
of Health and Human Services employed on Dec. 19,
1989, in connection with functions vested in Administrator for Health Care Policy and Research pursuant to
amendments made by section 6103 of Pub. L. 101–239,
and assets, liabilities, etc., of Department arising from
or employed, held, used, or available on that date, or to
be made available after that date, in connection with
those functions, to Administrator for appropriate allocation, and for provisions for continued effectiveness of
actions, orders, rules, official documents, etc., of Department that have been issued, made, granted, or allowed to become effective in performance of those functions, and that were effective on Dec. 19, 1989, see section 6103(f) of Pub. L. 101–239, set out as a note under
section 299 of this title.

§ 242d. Transferred
CODIFICATION
Section, act July 1, 1944, ch. 373, title III, § 306, as
added Aug. 2, 1956, ch. 871, title I, § 101, 70 Stat. 923;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

amended July 23, 1959, Pub. L. 86–105, § 1, 73 Stat. 239;
Sept. 8, 1960, Pub. L. 88–497, § 2, 78 Stat. 613; Aug. 16,
1968, Pub. L. 90–490, title III, § 302(b), 82 Stat. 789; Mar.
12, 1970, Pub. L. 91–208, § 3, 84 Stat. 52; Oct. 30, 1970, Pub.
L. 91–515, title VI, § 601(b)(2), 84 Stat. 1311; June 18, 1973,
Pub. L. 93–45, title I, § 104(a), 87 Stat. 91, which related
to graduate or specialized training for physicians, engineers, nurses, and other professional personnel, was renumbered section 312 of act July 1, 1944, by Pub. L.
93–353 and transferred to section 244–1 of this title, and
was subsequently repealed.

§ 242e. Repealed. Pub. L. 93–353, title I, § 102(a),
July 23, 1974, 88 Stat. 362
Section, act July 1, 1944, ch. 373, title III, § 307, as
added Aug. 2, 1956, ch. 871, title II, § 201, 70 Stat. 924;
amended July 23, 1959, Pub. L. 86–105, § 2, 73 Stat. 239;
Oct. 30, 1970, Pub. L. 91–515, title VI, § 601(b)(2), 84 Stat.
1311, provided for a professional nurse traineeship program for which authorization of appropriations were
made through fiscal year ending June 30, 1964. Provision for the continuation of the program was made by
the Nurse Training Act of 1964, which enacted section
297 et seq. of this title.

§§ 242f to 242j. Transferred
CODIFICATION
Section 242f, act July 1, 1944, ch. 373, title III, § 308, as
added July 12, 1960, Pub. L. 86–610, § 3, 74 Stat. 364,
which related to international cooperation with respect
to biomedical research and health services research and
statistical activities, was renumbered section 307 of act
July 1, 1944, by Pub. L. 93–353 and transferred to section
242l of this title.
Section 242g, act July 1, 1944, ch. 373, title III, § 309, as
added Sept. 8, 1960, Pub. L. 86–720, § 1(a), 74 Stat. 819;
amended Aug. 27, 1964, Pub. L. 88–497, § 3, 78 Stat. 613;
Nov. 3, 1966, Pub. L. 89–749, § 4, 80 Stat. 1190; Dec. 5, 1967,
Pub. L. 90–147, §§ 2(g), 8(c), 81 Stat. 534, 540; Aug. 16, 1968,
Pub. L. 90–490, title III, § 302(a), 82 Stat. 788; Mar. 12,
1970, Pub. L. 91–208, §§ 1, 2, 84 Stat. 52; June 30, 1970, Pub.
L. 91–296, title IV, § 401(b)(1)(B), 84 Stat. 352; June 18,
1973, Pub. L. 93–45, title I, § 104(b), (c), 87 Stat. 91, which
related to graduate public health training grants, was
renumbered section 313 of act July 1, 1944, by Pub. L.
93–353 and transferred to section 245a of this title, and
was subsequently repealed.
Section 242h, act July 1, 1944, ch. 373, title III, § 310,
as added Sept. 25, 1962, Pub. L. 87–692, 76 Stat. 592, and
amended and renumbered, which related to health services for domestic agricultural migrants, was renumbered section 319 of act July 1, 1944, by Pub. L. 93–353,
title I, § 102(d), July 23, 1974, 88 Stat. 362, transferred to
section 247d of this title, and subsequently renumbered
and transferred to section 254b of this title, prior to
being omitted in the general amendment of subpart I
(§ 254b et seq.) of part D of this subchapter by Pub. L.
104–299, § 2.
Section 242i, act July 1, 1944, ch. 373, title III, § 310A,
as added Oct. 30, 1970, Pub. L. 91–515, title II, § 270, 84
Stat. 1306; amended Nov. 18, 1971, Pub. L. 92–157, title II,
§ 201, 85 Stat. 461, which related to administration of
grants in multigrant projects, was renumbered section
226 of act July 1, 1944, by Pub. L. 93–353 and transferred
to section 235 of this title.
Section 242j, act July 1, 1944, ch. 373, title III, § 310B,
as added Oct. 30, 1970, Pub. L. 91–515, title II, § 280, 84
Stat. 1307, which provided for and annual report by Secretary on activities related to health facilities and
services and expenditure of funds, was renumbered section 227 of act July 1, 1944, by Pub. L. 93–353 and transferred to section 236 of this title, and was subsequently
repealed.

§ 242k. National Center for Health Statistics
(a) Establishment; appointment of Director; statistical and epidemiological activities
There is established in the Department of
Health and Human Services the National Center

§ 242k

for Health Statistics (hereinafter in this section
referred to as the ‘‘Center’’) which shall be
under the direction of a Director who shall be
appointed by the Secretary. The Secretary, acting through the Center, shall conduct and support statistical and epidemiological activities
for the purpose of improving the effectiveness,
efficiency, and quality of health services in the
United States.
(b) Duties
In carrying out subsection (a) of this section,
the Secretary, acting through the Center,
(1) shall collect statistics on—
(A) the extent and nature of illness and
disability of the population of the United
States (or of any groupings of the people included in the population), including life expectancy, the incidence of various acute and
chronic illnesses, and infant and maternal
morbidity and mortality,
(B) the impact of illness and disability of
the population on the economy of the United
States and on other aspects of the well-being
of its population (or of such groupings),
(C) environmental, social, and other health
hazards,
(D) determinants of health,
(E) health resources, including physicians,
dentists, nurses, and other health professionals by specialty and type of practice and
the supply of services by hospitals, extended
care facilities, home health agencies, and
other health institutions,
(F) utilization of health care, including
utilization of (i) ambulatory health services
by specialties and types of practice of the
health professionals providing such services,
and (ii) services of hospitals, extended care
facilities, home health agencies, and other
institutions,
(G) health care costs and financing, including the trends in health care prices and cost,
the sources of payments for health care services, and Federal, State, and local governmental expenditures for health care services,
and
(H) family formation, growth, and dissolution;
(2) shall undertake and support (by grant or
contract) research, demonstrations, and evaluations respecting new or improved methods
for obtaining current data on the matters referred to in paragraph (1);
(3) may undertake and support (by grant or
contract) epidemiological research, demonstrations, and evaluations on the matters
referred to in paragraph (1); and
(4) may collect, furnish, tabulate, and analyze statistics, and prepare studies, on matters
referred to in paragraph (1) upon request of
public and nonprofit private entities under arrangements under which the entities will pay
the cost of the service provided.
Amounts appropriated to the Secretary from
payments made under arrangements made under
paragraph (4) shall be available to the Secretary
for obligation until expended.
(c) Statistical and epidemiological compilations
and surveys
The Center shall furnish such special statistical and epidemiological compilations and sur-

§ 242k

TITLE 42—THE PUBLIC HEALTH AND WELFARE

veys as the Committee on Labor and Human Resources and the Committee on Appropriations of
the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of Representatives may request. Such statistical and epidemiological compilations and surveys shall not be made subject
to the payment of the actual or estimated cost
of the preparation of such compilations and surveys.
(d) Technical aid to States and localities
To insure comparability and reliability of
health statistics, the Secretary shall, through
the Center, provide adequate technical assistance to assist State and local jurisdictions in
the development of model laws dealing with issues of confidentiality and comparability of
data.
(e) Cooperative Health Statistics System
For the purpose of producing comparable and
uniform health information and statistics, there
is established the Cooperative Health Statistics
System. The Secretary, acting through the Center, shall—
(1) coordinate the activities of Federal agencies involved in the design and implementation of the System;
(2) undertake and support (by grant or contract) research, development, demonstrations,
and evaluations respecting the System;
(3) make grants to and enter into contracts
with State and local health agencies to assist
them in meeting the costs of data collection
and other activities carried out under the System; and
(4) review the statistical activities of the Department of Health and Human Services to assure that they are consistent with the System.
States participating in the System shall designate a State agency to administer or be responsible for the administration of the statistical activities within the State under the System. The Secretary, acting through the Center,
shall prescribe guidelines to assure that statistical activities within States participating in
the system 1 produce uniform and timely data
and assure appropriate access to such data.
(f) Federal-State cooperation
To assist in carrying out this section, the Secretary, acting through the Center, shall cooperate and consult with the Departments of Commerce and Labor and any other interested Federal departments or agencies and with State and
local health departments and agencies. For such
purpose he shall utilize insofar as possible the
services or facilities of any agency of the Federal Government and, without regard to section
6101 of title 41, of any appropriate State or other
public agency, and may, without regard to such
section, utilize the services or facilities of any
private agency, organization, group, or individual, in accordance with written agreements between the head of such agency, organization, or
group and the Secretary or between such individual and the Secretary. Payment, if any, for
such services or facilities shall be made in such
amounts as may be provided in such agreement.
1 So

in original. Probably should be capitalized.

Page 128

(g) Collection of health data; data collection
forms
To secure uniformity in the registration and
collection of mortality, morbidity, and other
health data, the Secretary shall prepare and distribute suitable and necessary forms for the collection and compilation of such data.
(h) Registration area records
(1) There shall be an annual collection of data
from the records of births, deaths, marriages,
and divorces in registration areas. The data
shall be obtained only from and restricted to
such records of the States and municipalities
which the Secretary, in his discretion, determines possess records affording satisfactory
data in necessary detail and form. The Secretary shall encourage States and registration
areas to obtain detailed data on ethnic and racial populations, including subpopulations of
Hispanics, Asian Americans, and Pacific Islanders with significant representation in the State
or registration area. Each State or registration
area shall be paid by the Secretary the Federal
share of its reasonable costs (as determined by
the Secretary) for collecting and transcribing
(at the request of the Secretary and by whatever
method authorized by him) its records for such
data.
(2) There shall be an annual collection of data
from a statistically valid sample concerning the
general health, illness, and disability status of
the civilian noninstitutionalized population.
Specific topics to be addressed under this paragraph, on an annual or periodic basis, shall include the incidence of illness and accidental injuries, prevalence of chronic diseases and impairments, disability, physician visits, hospitalizations, and the relationship between demographic and socioeconomic characteristics
and health characteristics.
(i) Technical assistance in effective use of statistics
The Center may provide to public and nonprofit private entities technical assistance in
the effective use in such activities of statistics
collected or compiled by the Center.
(j) Coordination of health statistical and epidemiological activities
In carrying out the requirements of section
242b(c) of this title and paragraph (1) of subsection (e) of this section, the Secretary shall
coordinate health statistical and epidemiological activities of the Department of Health and
Human Services by—
(1) establishing standardized means for the
collection of health information and statistics
under laws administered by the Secretary;
(2) developing, in consultation with the National Committee on Vital and Health Statistics, and maintaining the minimum sets of
data needed on a continuing basis to fulfill the
collection requirements of subsection (b)(1) of
this section;
(3) after consultation with the National
Committee on Vital and Health Statistics, establishing standards to assure the quality of
health statistical and epidemiological data
collection, processing, and analysis;
(4) in the case of proposed health data collections of the Department which are required to

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

be reviewed by the Director of the Office of
Management and Budget under section 3509 2 of
title 44, reviewing such proposed collections to
determine whether they conform with the
minimum sets of data and the standards promulgated pursuant to paragraphs (2) and (3),
and if any such proposed collection is found
not to be in conformance, by taking such action as may be necessary to assure that it will
conform to such sets of data and standards,
and
(5) periodically reviewing ongoing health
data collections of the Department, subject to
review under such section 3509,2 to determine
if the collections are being conducted in accordance with the minimum sets of data and
the standards promulgated pursuant to paragraphs (2) and (3) and, if any such collection is
found not to be in conformance, by taking
such action as may be necessary to assure that
the collection will conform to such sets of
data and standards not later than the ninetieth day after the date of the completion of
the review of the collection.
(k) National Committee on Vital and Health Statistics; establishment; membership; term of
office; compensation; functions; consultations of Secretary with Committee and professional advisory groups
(1) There is established in the Office of the
Secretary a committee to be known as the National Committee on Vital and Health Statistics
(hereinafter in this subsection referred to as the
‘‘Committee’’) which shall consist of 18 members.
(2) The members of the Committee shall be appointed from among persons who have distinguished themselves in the fields of health statistics, electronic interchange of health care information, privacy and security of electronic information, population-based public health, purchasing or financing health care services, integrated computerized health information systems, health services research, consumer interests in health information, health data standards, epidemiology, and the provision of health
services. Members of the Committee shall be appointed for terms of 4 years.
(3) Of the members of the Committee—
(A) 1 shall be appointed, not later than 60
days after August 21, 1996, by the Speaker of
the House of Representatives after consultation with the Minority Leader of the House of
Representatives;
(B) 1 shall be appointed, not later than 60
days after August 21, 1996, by the President pro
tempore of the Senate after consultation with
the Minority Leader of the Senate; and
(C) 16 shall be appointed by the Secretary.
(4) Members of the Committee shall be compensated in accordance with section 210(c) of
this title.
(5) The Committee—
(A) shall assist and advise the Secretary—
(i) to delineate statistical problems bearing on health and health services which are
of national or international interest;
(ii) to stimulate studies of such problems
by other organizations and agencies when2 See

References in Text note below.

§ 242k

ever possible or to make investigations of
such problems through subcommittees;
(iii) to determine, approve, and revise the
terms, definitions, classifications, and guidelines for assessing health status and health
services, their distribution and costs, for use
(I) within the Department of Health and
Human Services, (II) by all programs administered or funded by the Secretary, including
the Federal-State-local cooperative health
statistics system referred to in subsection
(e) of this section, and (III) to the extent
possible as determined by the head of the
agency involved, by the Department of Veterans Affairs, the Department of Defense,
and other Federal agencies concerned with
health and health services;
(iv) with respect to the design of and approval of health statistical and health information systems concerned with the collection, processing, and tabulation of health
statistics within the Department of Health
and Human Services, with respect to the Cooperative Health Statistics System established under subsection (e) of this section,
and with respect to the standardized means
for the collection of health information and
statistics to be established by the Secretary
under subsection (j)(1) of this section;
(v) to review and comment on findings and
proposals developed by other organizations
and agencies and to make recommendations
for their adoption or implementation by
local, State, national, or international agencies;
(vi) to cooperate with national committees
of other countries and with the World Health
Organization and other national agencies in
the studies of problems of mutual interest;
(vii) to issue an annual report on the state
of the Nation’s health, its health services,
their costs and distributions, and to make
proposals for improvement of the Nation’s
health statistics and health information systems; and
(viii) in complying with the requirements
imposed on the Secretary under part C of
title XI of the Social Security Act [42 U.S.C.
1320d et seq.];
(B) shall study the issues related to the
adoption of uniform data standards for patient
medical record information and the electronic
exchange of such information;
(C) shall report to the Secretary not later
than 4 years after August 21, 1996, recommendations and legislative proposals for such
standards and electronic exchange; and
(D) shall be responsible generally for advising the Secretary and the Congress on the
status of the implementation of part C of title
XI of the Social Security Act [42 U.S.C. 1320d
et seq.].
(6) In carrying out health statistical activities
under this part, the Secretary shall consult
with, and seek the advice of, the Committee and
other appropriate professional advisory groups.
(7) Not later than 1 year after August 21, 1996,
and annually thereafter, the Committee shall
submit to the Congress, and make public, a report regarding the implementation of part C of

§ 242k

TITLE 42—THE PUBLIC HEALTH AND WELFARE

title XI of the Social Security Act [42 U.S.C.
1320d et seq.]. Such report shall address the following subjects, to the extent that the Committee determines appropriate:
(A) The extent to which persons required to
comply with part C of title XI of the Social
Security Act are cooperating in implementing
the standards adopted under such part.
(B) The extent to which such entities are
meeting the security standards adopted under
such part and the types of penalties assessed
for noncompliance with such standards.
(C) Whether the Federal and State Governments are receiving information of sufficient
quality to meet their responsibilities under
such part.
(D) Any problems that exist with respect to
implementation of such part.
(E) The extent to which timetables under
such part are being met.
(l) Data specific to particular ethnic and racial
populations
In carrying out this section, the Secretary,
acting through the Center, shall collect and analyze adequate health data that is specific to particular ethnic and racial populations, including
data collected under national health surveys.
Activities carried out under this subsection
shall be in addition to any activities carried out
under subsection (m) of this section.
(m) Grants for assembly and analysis of data on
ethnic and racial populations
(1) The Secretary, acting through the Center,
may make grants to public and nonprofit private entities for—
(A) the conduct of special surveys or studies
on the health of ethnic and racial populations
or subpopulations;
(B) analysis of data on ethnic and racial populations and subpopulations; and
(C) research on improving methods for developing statistics on ethnic and racial populations and subpopulations.
(2) The Secretary, acting through the Center,
may provide technical assistance, standards,
and methodologies to grantees supported by this
subsection in order to maximize the data quality and comparability with other studies.
(3) Provisions of section 242m(d) of this title
do not apply to surveys or studies conducted by
grantees under this subsection unless the Secretary, in accordance with regulations the Secretary may issue, determines that such provisions are necessary for the conduct of the survey
or study and receives adequate assurance that
the grantee will enforce such provisions.
(4)(A) Subject to subparagraph (B), the Secretary, acting through the Center, shall collect
data on Hispanics and major Hispanic subpopulation groups and American Indians, and for
developing special area population studies on
major Asian American and Pacific Islander populations.
(B) The provisions of subparagraph (A) shall be
effective with respect to a fiscal year only to the
extent that funds are appropriated pursuant to
paragraph (3) of subsection (n) of this section,
and only if the amounts appropriated for such
fiscal year pursuant to each of paragraphs (1)

Page 130

and (2) of subsection (n) of this section equal or
exceed the amounts so appropriated for fiscal
year 1997.
(n) Authorization of appropriations
(1) For health statistical and epidemiological
activities undertaken or supported under subsections (a) through (l) of this section, there are
authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1991
through 2003.
(2) For activities authorized in paragraphs (1)
through (3) of subsection (m) of this section,
there are authorized to be appropriated such
sums as may be necessary for each of the fiscal
years 1999 through 2003. Of such amounts, the
Secretary shall use not more than 10 percent for
administration and for activities described in
subsection (m)(2) of this section.
(3) For activities authorized in subsection
(m)(4) of this section, there are authorized to be
appropriated $1,000,000 for fiscal year 1998, and
such sums as may be necessary for each of the
fiscal years 1999 through 2002.
(July 1, 1944, ch. 373, title III, § 306, as added Pub.
L. 93–353, title I, § 105, July 23, 1974, 88 Stat. 365;
amended Pub. L. 95–623, §§ 5, 8(a), Nov. 9, 1978, 92
Stat. 3445, 3453; Pub. L. 97–35, title IX, § 920, Aug.
13, 1981, 95 Stat. 566; Pub. L. 97–414, § 8(b), Jan. 4,
1983, 96 Stat. 2060; Pub. L. 100–177, title I, §§ 104,
105(a), Dec. 1, 1987, 101 Stat. 988; Pub. L. 101–239,
title VI, § 6103(e)(2), Dec. 19, 1989, 103 Stat. 2206;
Pub. L. 101–527, § 7(a), (b)(1), (c), Nov. 6, 1990, 104
Stat. 2327, 2328; Pub. L. 102–54, § 13(q)(1)(A)(i),
June 13, 1991, 105 Stat. 278; Pub. L. 103–183, title
V, § 501(a), (d), Dec. 14, 1993, 107 Stat. 2237, 2238;
Pub. L. 104–191, title II, § 263, Aug. 21, 1996, 110
Stat. 2031; Pub. L. 105–340, title II, § 201, Oct. 31,
1998, 112 Stat. 3193; Pub. L. 105–392, title II,
§ 201(b), Nov. 13, 1998, 112 Stat. 3585.)
REFERENCES IN TEXT
Section 3509 of title 44, referred to in subsec. (j)(4), (5),
which required submission of certain plans and forms
for collection of information to the Director of the Office of Management and Budget for approval, was omitted in the general amendment of chapter 35 of Title 44,
Public Printing and Documents, by Pub. L. 96–511,
§ 2(a), Dec. 11, 1980, 94 Stat. 2812. Pub. L. 104–13 subsequently enacted a new section 3509 of Title 44 relating
to designation of a central collection agency. Provisions appearing in former section 3509 are contained in
section 3507 of Title 44.
The Social Security Act, referred to in subsec.
(k)(5)(A)(viii), (D), (7), is act Aug. 14, 1935, ch. 531, 49
Stat. 620, as amended. Part C of title XI of the Act is
classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of
this title and Tables.
CODIFICATION
In subsec. (f), ‘‘section 6101 of title 41’’ substituted for
‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on
authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat.
3854, which Act enacted Title 41, Public Contracts.
PRIOR PROVISIONS
Provisions similar to those comprising subsec. (g) of
this section were contained in section 313 of act July 1,
1944, ch. 373, title III, 58 Stat. 693; Oct. 30, 1970, Pub. L.
91–516, title II, § 282, 84 Stat. 1308 (formerly classified to
section 245 of this title), prior to repeal by Pub. L.
93–353, § 102(a).

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Provisions similar to those comprising subsec. (h) of
this section were contained in section 312a of act July
1, 1944, ch. 373, title III, as added Aug. 31, 1954, ch. 1158,
§ 2, 68 Stat. 1025 (formerly classified to section 244a of
this title), prior to repeal by Pub. L. 93–353, § 102(a).
AMENDMENTS
1998—Subsec. (m)(4). Pub. L. 105–392, § 201(b)(1), added
par. (4).
Subsec. (n)(1). Pub. L. 105–340, § 201(1), and Pub. L.
105–392, § 201(b)(2), amended par. (1) identically, substituting ‘‘2003’’ for ‘‘1998’’.
Subsec. (n)(2). Pub. L. 105–392, § 201(b)(3)(A), in first
sentence, substituted ‘‘paragraphs (1) through (3) of
subsection (m)’’ for ‘‘subsection (m)’’ and substituted
‘‘such sums as may be necessary for each of the fiscal
years 1999 through 2003.’’ for ‘‘$5,000,000 for fiscal year
1991, $7,500,000 for fiscal year 1992, $10,000,000 for fiscal
year 1993, and $10,000,000 for each of the fiscal years 1994
through 2003.’’
Pub. L. 105–340, § 201(2), substituted ‘‘2003’’ for ‘‘1998’’.
Subsec. (n)(3). Pub. L. 105–392, § 201(b)(3)(B), added par.
(3).
1996—Subsec. (k)(1). Pub. L. 104–191, § 263(1), substituted ‘‘18’’ for ‘‘16’’.
Subsec. (k)(2). Pub. L. 104–191, § 263(2), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘The members of the Committee shall be appointed by the Secretary from among persons who have
distinguished themselves in the fields of health statistics, health planning, epidemiology, and the provision
of health services. Members of the Committee shall be
appointed for terms of 4 years.’’
Subsec. (k)(3), (4). Pub. L. 104–191, § 263(3), added par.
(3) and redesignated former par. (3) as (4). Former par.
(4) redesignated (5).
Subsec. (k)(5). Pub. L. 104–191, § 263(4), amended par.
(5) generally. Prior to amendment, par. (5) consisted of
subpars. (A) to (G) relating to Committee functions in
assisting and advising the Secretary.
Pub. L. 104–191, § 263(3), redesignated par. (4) as (5).
Former par. (5) redesignated (6).
Subsec. (k)(6). Pub. L. 104–191, § 263(3), redesignated
par. (5) as (6).
Subsec. (k)(7). Pub. L. 104–191, § 263(5), added par. (7).
1993—Subsec. (c). Pub. L. 103–183, § 501(a)(1), substituted ‘‘Committee on Labor and Human Resources’’
for ‘‘Committee on Human Resources’’.
Subsec. (g). Pub. L. 103–183, § 501(a)(2), substituted
‘‘data’’ for ‘‘data which shall be published as a part of
the health reports published by the Secretary’’.
Subsec. (i). Pub. L. 103–183, § 501(a)(3), struck out ‘‘engaged in health planning activities’’ after ‘‘entities’’.
Subsec. (k)(2). Pub. L. 103–183, § 501(a)(4), struck out
subpar. (A) designation, substituted ‘‘Members’’ for
‘‘Except as provided in subparagraph (B), members’’,
and struck out subpar. (B) which related to extensions
of membership terms of members of National Committee on Vital and Health Statistics whose terms were to
expire in calendar years 1988, 1989, and 1990.
Subsec. (l). Pub. L. 103–183, § 501(a)(5)(A)–(C), redesignated subsec. (m) as (l), substituted ‘‘subsection (m)’’
for ‘‘subsection (n)’’, and struck out former subsec. (l)
which related to development of plan for collection and
coordination of statistical and epidemiological data on
effects of environment on health and establishment of
guidelines for compilation, analysis, and distribution of
statistics and information necessary for coordinated
determination of effects of conditions of employment
and indoor and outdoor environmental conditions on
public health.
Subsec. (m). Pub. L. 103–183, § 501(a)(5)(B), redesignated subsec. (n) as (m). Former subsec. (m) redesignated (l).
Subsecs. (n), (o). Pub. L. 103–183, § 501(a)(5)(B), (D), (d),
redesignated subsec. (o) as (n), in par. (1) substituted
‘‘(l)’’ for ‘‘(m)’’ and ‘‘1998’’ for ‘‘1993’’, and in par. (2)
substituted ‘‘(m)’’ for ‘‘(n)’’, struck out ‘‘and’’ after
‘‘1992,’’, inserted ‘‘, and $10,000,000 for each of the fiscal
years 1994 through 1998’’, and substituted ‘‘(m)(2)’’ for
‘‘(n)(2)’’. Former subsec. (n) redesignated (m).

§ 242k

1991—Subsec. (k)(4)(C). Pub. L. 102–54 substituted
‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Administration’’.
1990—Subsec. (h). Pub. L. 101–527, § 7(a), designated existing text as par. (1), inserted after second sentence
‘‘The Secretary shall encourage States and registration
areas to obtain detailed data on ethnic and racial populations, including subpopulations of Hispanics, Asian
Americans, and Pacific Islanders with significant representation in the State or registration area.’’, and
added par. (2).
Subsecs. (m) to (o). Pub. L. 101–527, § 7(b)(1), (c), added
subsecs. (m) and (n) and redesignated former subsec.
(m) as (o) and amended it generally. Prior to amendment, subsec. (o) read as follows: ‘‘For health statistical and epidemiological activities undertaken or supported under this section, there are authorized to be
appropriated $55,000,000 for fiscal year 1988 and such
sums as may be necessary for each of the fiscal years
1989 and 1990.’’
1989—Subsec. (a). Pub. L. 101–239, § 6103(e)(2)(A), inserted at end ‘‘The Secretary, acting through the Center, shall conduct and support statistical and epidemiological activities for the purpose of improving the effectiveness, efficiency, and quality of health services in
the United States.’’
Subsec. (b). Pub. L. 101–239, § 6103(e)(2)(B), substituted
‘‘subsection (a) of this section’’ for ‘‘section 242b(a) of
this title’’.
Subsec. (m). Pub. L. 101–239, § 6103(e)(2)(C), added subsec. (m).
1987—Subsec. (a). Pub. L. 100–177, § 104, struck out
‘‘and supervised by the Assistant Secretary for Health
(or such other officer of the Department as may be designated by the Secretary as the principal adviser to
him for health programs)’’.
Subsec. (k)(1). Pub. L. 100–177, § 105(a)(1), substituted
‘‘16 members’’ for ‘‘fifteen members’’.
Subsec. (k)(2)(A). Pub. L. 100–177, § 105(a)(2), substituted ‘‘terms of 4 years’’ for ‘‘terms of three years’’.
Subsec. (k)(2)(B). Pub. L. 100–177, § 105(a)(3), added
subpar. (B) and struck out former subpar. (B) which
read as follows: ‘‘Of the members first appointed—
‘‘(i) five shall be appointed for terms of one year,
‘‘(ii) five shall be appointed for terms of two years,
and
‘‘(iii) five shall be appointed for terms of three
years,
as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed only for
the remainder of such term. A member may serve after
the expiration of his term until his successor has taken
office.’’
1983—Subsec. (l)(2)(D). Pub. L. 97–414 redesignated
subpar. (E) as (D) and struck out former subpar. (D)
which provided that the Center would serve as a clearinghouse for statistics and information with respect to
which guidelines had been established under subpar.
(A).
Subsec. (l)(2)(E) to (G). Pub. L. 97–414 redesignated
subpars. (F) and (G) as (E) and (F), respectively.
Former subpar. (E) redesignated (D).
1981—Subsec. (a). Pub. L. 97–35, § 920(d)(1), substituted
‘‘Health and Human Services’’ for ‘‘Health, Education,
and Welfare’’.
Subsec. (c). Pub. L. 97–35, § 920(d)(2), substituted ‘‘Energy and’’ for ‘‘Interstate and Foreign’’.
Subsec. (e). Pub. L. 97–35, § 920(a), (d)(1), in par. (3) inserted applicability to other activities, and in par. (4)
substituted ‘‘Health and Human Services’’ for ‘‘Health,
Education, and Welfare’’.
Subsecs. (j), (k)(4)(C), (D). Pub. L. 97–35, § 920(d)(1),
substituted ‘‘Health and Human Services’’ for ‘‘Health,
Education, and Welfare’’.
Subsec. (l)(2). Pub. L. 97–35, § 920(b), (c), (d)(1), in subpar. (A) inserted reference to Office of Federal Statistical Policy and Standards, in subpar. (B)(v) substituted ‘‘Health and Human Services’’ for ‘‘Health,

§ 242l

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Education, and Welfare’’, and in subpar. (D) struck out
provisions relating to assistance to executive departments.
1978—Subsec. (b). Pub. L. 95–623, § 5(a), struck out
‘‘may’’ after ‘‘through the Center,’’, substituted in
pars. (1) and (2) ‘‘shall collect’’ and ‘‘shall undertake’’
for ‘‘collect’’ and ‘‘undertake’’, respectively, and added
pars. (3) and (4) and provision for availability of certain
appropriated funds from par. (4) payments until expended.
Subsec. (c). Pub. L. 95–623, § 5(b), substituted ‘‘statistical and epidemiological compilations’’ for ‘‘statistical compilations’’ in two places and ‘‘Committee on
Human Resources’’ for ‘‘Committee on Labor and Public Welfare’’ of the Senate.
Subsec. (e). Pub. L. 95–623, § 5(c)(1), incorporated in introductory text prior cl. (1) provision requiring the Secretary to assist State and local health agencies and
Federal agencies involved in health matters in the design and implementation of a cooperative system for
producing comparable and uniform health information
and statistics at the Federal, State, and local levels;
enacted in pars. (1) and (2) provisions almost identical
to prior cls. (2) and (3); enacted par. (3); struck out
former cl. (4) provision for the Federal share of the data
collection costs under the system; enacted in par. (4)
provisions almost identical to former cl. (5); and required State designation of a State administrative
agency to be responsible for the statistical activities
within the State under the System and Federal guidelines for production of uniform and timely data and appropriate access to the data.
Subsec. (f). Pub. L. 95–623, § 5(d), substituted ‘‘the Secretary, acting through the Center, shall cooperate and
consult’’ for ‘‘the Secretary shall cooperate and consult’’.
Subsecs. (i), (j). Pub. L. 95–623, § 5(f), added subsecs. (i)
and (j). Former subsec. (i) redesignated (k).
Subsec. (k). Pub. L. 95–623, § 5(c)(2), (e), (f), struck
from par. (1) ‘‘United States’’ before ‘‘National Committee on Vital and Health Statistics’’; authorized in
par. (2)(A) the appointment of Committee members
from distinguished persons in field of health planning;
required the Committee to assist and advise the Secretary with respect to the Cooperative Health Statistics System and the standardized means for the collection of health information and statistics to be established by the Secretary; and redesignated such amended subsec. (i) as (k).
Subsec. (l). Pub. L. 95–623, § 8(a), added subsec. (l).
CHANGE OF NAME
Committee on Labor and Human Resources of Senate
changed to Committee on Health, Education, Labor,
and Pensions of Senate by Senate Resolution No. 20,
One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Energy and Commerce of House of
Representatives treated as referring to Committee on
Commerce of House of Representatives by section 1(a)
of Pub. L. 104–14, set out as a note preceding section 21
of Title 2, The Congress. Committee on Commerce of
House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and
jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 12 of Pub. L. 101–527 provided that: ‘‘This Act
and the amendments made by this Act [enacting sections 254c–1, 254t, 256a, 294bb, 294cc, and 300u–6 of this
title, amending this section and sections 242m, 254b,
254c, 294m, 294o, and 295g–2 of this title, enacting provisions set out as notes under sections 201 and 300u–6 of
this title, and repealing provisions set out as a note
under section 292h of this title] shall take effect October 1, 1990, or upon the date of the enactment of this
Act [Nov. 6, 1990], whichever occurs later.’’

Page 132

EFFECTIVE DATE OF 1987 AMENDMENT
Section 105(b) of Pub. L. 100–177 provided that: ‘‘The
amendments made by this section [amending this section] shall become effective on January 1, 1988.’’
MONEY RECEIVED BY CENTER FROM REIMBURSEMENTS,
INTERAGENCY AGREEMENTS, AND SALE OF DATA
TAPES TO REMAIN AVAILABLE UNTIL EXPENDED
Pub. L. 103–333, title II, Sept. 30, 1994, 108 Stat. 2550,
provided in part: ‘‘That for fiscal year 1995 and subsequent fiscal years amounts received by the National
Center for Health Statistics from reimbursements and
interagency agreements and the sale of data tapes may
be credited to this appropriation and shall remain
available until expended’’.

§ 242l. International cooperation
(a) Cooperative endeavors
The Secretary may participate with other
countries in cooperative endeavors in—
(1) biomedical research, health care technology, and the health services research and
statistical analysis authorized under section
242k of this title and subchapter VII; and
(2) biomedical research, health care services,
health care research, or other related activities in furtherance of the activities, objectives
or goals authorized under the Tom Lantos and
Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008.
(b) Authority of Secretary; building construction
prohibition
In connection with the cooperative endeavors
authorized by subsection (a) of this section, the
Secretary may—
(1) make such use of resources offered by
participating foreign countries as he may find
necessary and appropriate;
(2) establish and maintain fellowships in the
United States and in participating foreign
countries;
(3) make grants to public institutions or
agencies and to nonprofit private institutions
or agencies in the United States and in participating foreign countries for the purpose of
establishing and maintaining the fellowships
authorized by paragraph (2);
(4) make grants or loans of equipment and
materials, for use by public or nonprofit private institutions or agencies, or by individuals, in participating foreign countries;
(5) participate and otherwise cooperate in
any international meetings, conferences, or
other activities concerned with biomedical research, health services research, health statistics, or health care technology;
(6) facilitate the interchange between the
United States and participating foreign countries, and among participating foreign countries, of research scientists and experts who
are engaged in experiments or programs of
biomedical research, health services research,
health statistical activities, or health care
technology activities, and in carrying out
such purpose may pay per diem compensation,
subsistence, and travel for such scientists and
experts when away from their places of residence at rates not to exceed those provided in
section 5703(b) 1 of title 5 for persons in the
Government service employed intermittently;
1 See

References in Text note below.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(7) procure, in accordance with section 3109
of title 5, the temporary or intermittent services of experts or consultants;
(8) enter into contracts with individuals for
the provision of services (as defined in section
104 of part 37 of title 48, Code of Federal Regulations (48 CFR 37.104)) in participating foreign
countries, which individuals may not be
deemed employees of the United States for the
purpose of any law administered by the Office
of Personnel Management;
(9) provide such funds by advance or reimbursement to the Secretary of State, as may
be necessary, to pay the costs of acquisition,
lease, construction, alteration, equipping, furnishing or management of facilities outside of
the United States; and
(10) in consultation with the Secretary of
State, through grant or cooperative agreement, make funds available to public or nonprofit private institutions or agencies in foreign countries in which the Secretary is participating in activities described under subsection (a) to acquire, lease, construct, alter,
or renovate facilities in those countries.
(c) Benefits for overseas assignees
The Secretary may provide to personnel appointed or assigned by the Secretary to serve
abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.).
Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5
or section 903 of the Foreign Service Act of 1980
(22 U.S.C. 4083) to individuals serving in the Foreign Service.
(d) Strategies to improve injection safety
In carrying out immunization programs and
other programs in developing countries for the
prevention, treatment, and control of infectious
diseases, including HIV/AIDS, tuberculosis, and
malaria, the Director of the Centers for Disease
Control and Prevention, in coordination with
the Coordinator of United States Government
Activities to Combat HIV/AIDS Globally, the
National Institutes of Health, national and local
government, and other organizations, such as
the World Health Organization and the United
Nations Children’s Fund, shall develop and implement effective strategies to improve injection safety, including eliminating unnecessary
injections, promoting sterile injection practices
and technologies, strengthening the procedures
for proper needle and syringe disposal, and improving the education and information provided
to the public and to health professionals.
(July 1, 1944, ch. 373, title III, § 307, formerly
§ 308, as added Pub. L. 86–610, § 3, July 12, 1960, 74
Stat. 364; renumbered § 307 and amended Pub. L.
93–353, title I, § 106, July 23, 1974, 88 Stat. 367;
Pub. L. 97–35, title IX, § 921, Aug. 13, 1981, 95 Stat.
566; Pub. L. 101–239, title VI, § 6103(e)(3), Dec. 19,
1989, 103 Stat. 2206; Pub. L. 102–531, title III, § 310,
Oct. 27, 1992, 106 Stat. 3503; Pub. L. 103–183, title
VII, § 702, Dec. 14, 1993, 107 Stat. 2239; Pub. L.
108–25, title III, § 306, May 27, 2003, 117 Stat. 739;
Pub. L. 110–293, title II, § 205, July 30, 2008, 122
Stat. 2943.)

§ 242l

REFERENCES IN TEXT
The Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Reauthorization Act of 2008, referred to in
subsec. (a)(2), is Pub. L. 110–293, July 30, 2008, 122 Stat.
2918. For complete classification of this Act to the
Code, see Short Title of 2008 Amendment note set out
under section 7601 of Title 22, Foreign Relations and
Intercourse, and Tables.
Section 5703 of title 5, referred to in subsec. (b)(6),
was amended generally by Pub. L. 94–22, § 4, May 19,
1975, 89 Stat. 85, and, as so amended, does not contain
a subsec. (b).
The Foreign Service Act of 1980, referred to in subsec.
(c), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chapter
9 of title I of the Act is classified generally to subchapter IX (§ 4081 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note
set out under section 3901 of Title 22 and Tables.
CODIFICATION
Section was formerly classified to section 242f of this
title.
PRIOR PROVISIONS
A prior section 307 of act July 1, 1944, was classified
to section 242e of this title, prior to repeal by Pub. L.
93–353, title I, § 102(a), July 23, 1974, 88 Stat. 362.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–293, § 205(1), amended
subsec. (a) generally. Prior to amendment, text read as
follows: ‘‘For the purpose of advancing the status of the
health sciences in the United States (and thereby the
health of the American people), the Secretary may participate with other countries in cooperative endeavors
in biomedical research, health care technology, and the
health services research and statistical activities authorized by section 242k of this title and by subchapter
VII of this chapter.’’
Subsec. (b). Pub. L. 110–293, § 205(2)(B), struck out concluding provisions which read as follows: ‘‘The Secretary may not, in the exercise of his authority under
this section, provide financial assistance for the construction of any facility in any foreign country.’’
Subsec. (b)(8). Pub. L. 110–293, § 205(2)(C), substituted
‘‘for the purpose of any law administered by the Office
of Personnel Management;’’ for ‘‘for any purpose.’’
Subsec. (b)(9), (10). Pub. L. 110–293, § 205(2)(A), (D),
added pars. (9) and (10).
Subsec. (c). Pub. L. 110–293, § 205(3), substituted ‘‘1980’’
for ‘‘1990’’ and inserted ‘‘or section 903 of the Foreign
Service Act of 1980 (22 U.S.C. 4083)’’ after ‘‘title 5’’.
2003—Subsec. (d). Pub. L. 108–25 added subsec. (d).
1993—Subsec. (c). Pub. L. 103–183 added subsec. (c).
1992—Subsec. (b)(8). Pub. L. 102–531, which directed
amendment of subsec. (b) by adding par. (8) at the end
thereof, was executed by adding par. (8) after par. (7) to
reflect the probable intent of Congress.
1989—Subsec. (a). Pub. L. 101–239 substituted ‘‘section
242k of this title and by subchapter VII of this chapter’’
for ‘‘sections 242b, 242c, 242k, and 242n of this title’’.
1981—Subsec. (a). Pub. L. 97–35, § 921(a), inserted reference to health care technology and section 242n of
this title.
Subsec. (b). Pub. L. 97–35, § 921(b), in par. (5) inserted
reference to health care technology, and in par. (6) inserted reference to health care technology activities.
1974—Pub. L. 93–353 amended section generally.
INTERNATIONAL HEALTH STUDY
Pub. L. 95–83, title III, § 315, Aug. 1, 1977, 91 Stat. 398,
provided that the Secretary of Health, Education, and
Welfare arrange through the National Academy of Sciences or other nonprofit private groups or associations,
for a study to determine opportunities for broadened
Federal program activities in areas of international

§ 242m

TITLE 42—THE PUBLIC HEALTH AND WELFARE

health, which study was to consider biomedical and behavioral research, health services research, health professions education, immunization and public health activities, and other areas that might improve our and
other nations’ capacities to prevent, diagnose, control,
or cure disease, and to organize and deliver effective
and efficient health services, with an interim report on
such study completed no later than Oct. 1, 1977 and a
final report completed no later than Jan. 1, 1978 and
both reports submitted to the Secretary, the Committee on Human Resources of the Senate, and the Committee on Interstate and Foreign Commerce of the
House of Representatives.

§ 242m. General provisions respecting effectiveness, efficiency, and quality of health services
(a) Reports to Congress and President; preparation; review by Office of Management and
Budget
(1) Not later than March 15 of each year, the
Secretary shall submit to the President and
Congress the following reports:
(A) A report on health care costs and financing. Such report shall include a description
and analysis of the statistics collected under
section 242k(b)(1)(G) of this title.
(B) A report on health resources. Such report shall include a description and analysis,
by geographical area, of the statistics collected under section 242k(b)(1)(E) of this title.
(C) A report on the utilization of health resources. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under
section 242k(b)(1)(F) of this title.
(D) A report on the health of the Nation’s
people. Such report shall include a description
and analysis, by age, sex, income, and geographic area, of the statistics collected under
section 242k(b)(1)(A) of this title.
(2) The reports required in paragraph (1) shall
be prepared through the National Center for
Health Statistics.
(3) The Office of Management and Budget may
review any report required by paragraph (1) of
this subsection before its submission to Congress, but the Office may not revise any such report or delay its submission beyond the date
prescribed for its submission, and may submit to
Congress its comments respecting any such report.
(b) Grants or contracts; applications, submittal;
application peer review group, findings and
recommendations; necessity of favorable recommendation; appointments
(1) No grant or contract may be made under
section 242b, 242k, or 242l of this title unless an
application therefor has been submitted to the
Secretary in such form and manner, and containing such information, as the Secretary may
by regulation prescribe and unless a peer review
group referred to in paragraph (2) has recommended the application for approval.
(2)(A) Each application submitted for a grant
or contract under section 242k of this title in an
amount exceeding $50,000 of direct costs and for
a health services research, evaluation, or demonstration project, or for a grant under section
242k(m) of this title, shall be submitted to a peer
review group for an evaluation of the technical

Page 134

and scientific merits of the proposals made in
each such application. The Director of the National Center for Health Statistics shall establish such peer review groups as may be necessary to provide for such an evaluation of each
such application.
(B) A peer review group to which an application is submitted pursuant to subparagraph (A)
shall report its finding and recommendations respecting the application to the Secretary, acting
through the Director of the National Center for
Health Statistics, in such form and manner as
the Secretary shall by regulation prescribe. The
Secretary may not approve an application described in such subparagraph unless a peer review group has recommended the application for
approval.
(C) The Secretary, acting through the Director
of the National Center for Health Statistics,
shall make appointments to the peer review
groups required in subparagraph (A) from among
persons who are not officers or employees of the
United States and who possess appropriate technical and scientific qualifications, except that
peer review groups regarding grants under section 242k(m) of this title may include appropriately qualified such officers and employees.
(c) Development and dissemination of statistics
The Secretary shall take such action as may
be necessary to assure that statistics developed
under sections 242b and 242k of this title are of
high quality, timely, comprehensive as well as
specific, standardized, and adequately analyzed
and indexed, and shall publish, make available,
and disseminate such statistics on as wide a
basis as is practicable.
(d) Information; publication restrictions
No information, if an establishment or person
supplying the information or described in it is
identifiable, obtained in the course of activities
undertaken or supported under section 242b,
242k, or 242l of this title may be used for any
purpose other than the purpose for which it was
supplied unless such establishment or person
has consented (as determined under regulations
of the Secretary) to its use for such other purpose; and in the case of information obtained in
the course of health statistical or epidemiological activities under section 242b or 242k of this
title, such information may not be published or
released in other form if the particular establishment or person supplying the information or
described in it is identifiable unless such establishment or person has consented (as determined
under regulations of the Secretary) to its publication or release in other form.
(e) Payment procedures; advances or reimbursement; installments; conditions; reductions
(1) Payments of any grant or under any contract under section 242b, 242k, or 242l of this title
may be made in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary deems necessary to
carry out the purposes of such section.
(2) The amounts otherwise payable to any person under a grant or contract made under section 242b, 242k, or 242l of this title shall be reduced by—
(A) amounts equal to the fair market value
of any equipment or supplies furnished to such

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

person by the Secretary for the purpose of carrying out the project with respect to which
such grant or contract is made, and
(B) amounts equal to the pay, allowances,
traveling expenses, and related personnel expenses attributable to the performance of
services by an officer or employee of the Government in connection with such project, if
such officer or employee was assigned or detailed by the Secretary to perform such services,
but only if such person requested the Secretary
to furnish such equipment or supplies, or such
services, as the case may be.
(f) Contracts without regard to section 3324 of
title 31 and section 6101 of title 41
Contracts may be entered into under section
242b or 242k of this title without regard to section 3324 of title 31 and section 6101 of title 41.
(July 1, 1944, ch. 373, title III, § 308, as added Pub.
L. 93–353, title I, § 107(a), July 23, 1974, 88 Stat.
368; amended Pub. L. 94–273, § 7(2), Apr. 21, 1976,
90 Stat. 378; Pub. L. 95–83, title I, § 104, Aug. 1,
1977, 91 Stat. 384; Pub. L. 95–623, §§ 2, 6(d), 8(b),
Nov. 9, 1978, 92 Stat. 3443, 3451, 3455; Pub. L. 97–35,
title IX, §§ 917(a), (b), 919(a)(2)(B), 922, Aug. 13,
1981, 95 Stat. 564, 565, 567; Pub. L. 97–414, § 8(c),
Jan. 4, 1983, 96 Stat. 2060; Pub. L. 98–551, § 7, Oct.
30, 1984, 98 Stat. 2820; Pub. L. 100–177, title I,
§§ 106(a), 107, 108, Dec. 1, 1987, 101 Stat. 988–990;
Pub. L. 100–690, title II, § 2612, Nov. 18, 1988, 102
Stat. 4235; Pub. L. 101–239, title VI, § 6103(e)(4),
Dec. 19, 1989, 103 Stat. 2206; Pub. L. 101–527,
§ 7(b)(2), (d), Nov. 6, 1990, 104 Stat. 2328; Pub. L.
103–183, title V, § 501(c), Dec. 14, 1993, 107 Stat.
2237; Pub. L. 105–392, title IV, § 401(d), Nov. 13,
1998, 112 Stat. 3587.)
CODIFICATION
In subsec. (f), ‘‘section 6101 of title 41’’ substituted for
‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on
authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat.
3854, which Act enacted Title 41, Public Contracts.
PRIOR PROVISIONS
Provisions similar to those comprising subsec. (e) of
this section were contained in subsec. (a)(3) of section
304 of act July 1, 1944, ch. 373, title III, as added July
28, 1955, ch. 417, § 3, 69 Stat. 382, and amended (formerly
classified to section 242b(a)(3) of this title), prior to
general amendment of section 304 by Pub. L. 93–353,
§ 103.
AMENDMENTS
1998—Subsec. (b)(2)(A), (C). Pub. L. 105–392 substituted
‘‘242k(m)’’ for ‘‘242k(n)’’.
1993—Subsec. (a)(1). Pub. L. 103–183, § 501(c)(1)(A), redesignated subpars. (B) to (E) as (A) to (D), respectively, and struck out former subpar. (A) which read as
follows: ‘‘A report on—
‘‘(i) the administration of sections 242b, 242k, and
242l of this title and subchapter VII of this chapter
during the preceding fiscal year; and
‘‘(ii) the current state and progress of health services research, health statistics, and health care technology.’’
Subsec. (a)(2). Pub. L. 103–183, § 501(c)(1)(B), substituted ‘‘reports required in paragraph (1) shall be prepared through the National Center’’ for ‘‘reports required by subparagraphs (B) through (E) of paragraph
(2) shall be prepared through the Agency for Health
Care Policy and Research and the National Center’’.
Subsec. (c). Pub. L. 103–183, § 501(c)(2)(A)–(D), (3), redesignated subsec. (g)(2) as subsec. (c), substituted

§ 242m

‘‘shall take’’ for ‘‘shall (A) take’’ and ‘‘and shall publish’’ for ‘‘and (B) publish’’, and struck out former subsec. (c) which read as follows: ‘‘The aggregate number
of grants and contracts made or entered into under sections 242b and 242c of this title for any fiscal year respecting a particular means of delivery of health services or another particular aspect of health services may
not exceed twenty; and the aggregate amount of funds
obligated under grants and contracts under such sections for any fiscal year respecting a particular means
of delivery of health services or another particular aspect of health services may not exceed $5,000,000.’’
Subsec. (f). Pub. L. 103–183, § 501(c)(4), substituted
‘‘section 3324 of title 31 and section 5 of title 41’’ for
‘‘sections 3648 and 3709 of the Revised Statutes (31
U.S.C. 529; 41 U.S.C. 5)’’.
Subsec. (g). Pub. L. 103–183, § 501(c)(2)(B), (C), (E), redesignated par. (2) as subsec. (c) and struck out par. (1)
which read as follows: ‘‘The Secretary shall—
‘‘(A) publish, make available and disseminate,
promptly in understandable form and on as broad a
basis as practicable, the results of health services research, demonstrations, and evaluations undertaken
and supported under sections 242b and 242c of this
title;
‘‘(B) make available to the public data developed in
such research, demonstrations, and evaluations; and
‘‘(C) provide indexing, abstracting, translating,
publishing, and other services leading to a more effective and timely dissemination of information on
health services research, demonstrations, and evaluations in health care delivery to public and private entities and individuals engaged in the improvement of
health care delivery and the general public; and undertake programs to develop new or improved methods for making such information available.’’
Subsec. (h). Pub. L. 103–183, § 501(c)(5), struck out subsec. (h) which read as follows:
‘‘(1) Except where the Secretary determines that unusual circumstances make a larger percentage necessary in order to effectuate the purposes of section
242k of this title, a grant or contract under any of such
sections of this title with respect to any project for
construction of a facility or for acquisition of equipment may not provide for payment of more than 50 per
centum of so much of the cost of the facility or equipment as the Secretary determines is reasonably attributable to research, evaluation, or demonstration purposes.
‘‘(2) Laborers and mechanics employed by contractors
and subcontractors in the construction of such a facility shall be paid wages at rates not less than those prevailing on similar work in the locality, as determined
by the Secretary of Labor in accordance with the Act
of March 3, 1931 (40 U.S.C. 267a—267a–5, known as the
Davis-Bacon Act); and the Secretary of Labor shall
have with respect to any labor standards specified in
this paragraph the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. Appendix) and section 276c of title 40.
‘‘(3) Such grants and contracts shall be subject to
such additional requirements as the Secretary may by
regulation prescribe.’’
1990—Subsec. (b)(2)(A). Pub. L. 101–527, § 7(b)(2)(A), inserted ‘‘or for a grant under section 242k(n) of this
title,’’ after ‘‘demonstration project,’’.
Subsec. (b)(2)(C). Pub. L. 101–527, § 7(b)(2)(B), inserted
before period at end ‘‘, except that peer review groups
regarding grants under section 242k(n) of this title may
include appropriately qualified such officers and employees’’.
Subsec. (b)(3). Pub. L. 101–527, § 7(d), struck out par.
(3) which related to applications submitted under section 242k of this title for which a grant or contract may
be made under another provision of this chapter.
1989—Pub. L. 101–239, § 6103(e)(4)(A), amended section
catchline.
Subsec. (a)(1)(A)(i). Pub. L. 101–239, § 6103(e)(4)(B)(i),
substituted ‘‘sections 242b, 242k, and 242l of this title
and subchapter VII of this chapter’’ for ‘‘sections 242b,

§ 242m

TITLE 42—THE PUBLIC HEALTH AND WELFARE

242c, 242k, and 242l of this title and section 242n of this
title’’.
Subsec. (a)(2). Pub. L. 101–239, § 6103(e)(4)(B)(ii), substituted ‘‘the Agency for Health Care Policy and Research’’ for ‘‘the National Center for Health Services
Research and Health Care Technology Assessment’’.
Subsec. (b)(1). Pub. L. 101–239, § 6103(e)(4)(C)(i), which
directed amendment of par. (1) by substituting ‘‘section
242b, 242k, or 242l of this title’’ for ‘‘sections 242b, 242c,
242k, 242l, and 242n of this title’’, was executed by making the substitution for ‘‘section 242b, 242c, 242k, 242l, or
242n of this title’’ as the probable intent of Congress.
Subsec. (b)(2)(A). Pub. L. 101–239, § 6103(e)(4)(C)(ii),
substituted ‘‘under section 242k of this title’’ for
‘‘under section 242b or 242c of this title,’’ in first sentence, struck out second sentence which read as follows: ‘‘Each application for a grant, contract, or cooperative agreement in an amount exceeding $50,000 of direct costs for the dissemination of research findings or
the development of research agendas (including conferences, workshops, and meetings) shall be submitted
to a standing peer review group with persons with appropriate expertise and shall not be submitted to any
peer review group established to review applications for
research, evaluation, or demonstration projects.’’, and
amended last sentence generally. Prior to amendment,
last sentence read as follows: ‘‘The Secretary, acting
through the Director of the National Center for Health
Services Research and Health Care Technology Assessment (or, as appropriate, through the Director of the
National Center for Health Statistics), shall establish
such peer review groups as may be necessary to provide
for such an evaluation of an application described in
the first two sentences of this subparagraph.’’
Subsec. (b)(2)(B). Pub. L. 101–239, § 6103(e)(4)(C)(iii),
substituted ‘‘the Director of the National Center for
Health Statistics’’ for ‘‘the Director involved’’.
Subsec. (b)(2)(C). Pub. L. 101–239, § 6103(e)(4)(C)(iv),
substituted ‘‘the Director of the National Center for
Health Statistics’’ for ‘‘the Directors’’.
Subsec. (b)(3). Pub. L. 101–239, § 6103(e)(4)(C)(v), substituted ‘‘submitted under section 242k of this title’’ for
‘‘submitted under section 242b, 242c, or 242k of this
title’’ and ‘‘approved under any of such sections’’ for
‘‘approved under section 242b, 242c, or 242k of this
title’’.
Subsec. (d). Pub. L. 101–239, § 6103(e)(4)(D), substituted
‘‘section 242b, 242k, or 242l of this title’’ for ‘‘section
242b, 242c, 242k, 242l, or 242n of this title’’, struck out
‘‘(1)’’ after ‘‘for such other purpose; and’’, and substituted ‘‘publication or release in other form.’’ for
‘‘publication or release in other form, and (2) in the
case of information obtained in the course of health
services research, evaluations, or demonstrations under
section 242b or 242c of this title or in the course of
health care technology activities under section 242n of
this title, such information may not be published or released in other form if the person who supplied the information or who is described in it is identifiable unless such person has consented (as determined under
regulations of the Secretary) to its publication or release in other form.’’
Subsec. (e)(1), (2). Pub. L. 101–239, § 6103(e)(4)(E), substituted ‘‘section 242b, 242k, or 242l of this title’’ for
‘‘section 242b, 242c, 242k, 242l, or 242n of this title’’.
Subsec. (f). Pub. L. 101–239, § 6103(e)(4)(F), substituted
‘‘section 242b or 242k of this title’’ for ‘‘section 242b,
242c, 242k, or 242n of this title’’.
Subsec. (g)(1). Pub. L. 101–239, § 6103(e)(4)(G)(i), struck
out at end ‘‘Except as provided in subsection (d) of this
section, the Secretary may not restrict the publication
and dissemination of data from, and results of projects
undertaken by, centers supported under section 242c(d)
of this title.’’
Subsec. (g)(2). Pub. L. 101–239, § 6103(e)(4)(G)(ii), substituted ‘‘sections 242b and 242k of this title’’ for ‘‘sections 242b, 242c, 242k, and 242n of this title’’.
Subsec. (h)(1). Pub. L. 101–239, § 6103(e)(4)(H), substituted ‘‘effectuate the purposes of section 242k of this
title’’ for ‘‘effectuate the purposes of section 242b, 242c,

Page 136

242k, or 242n of this title’’ and ‘‘contract under any of
such sections’’ for ‘‘contract under section 242b, 242c,
242k, or 242n of this title’’.
Subsec. (i). Pub. L. 101–239, § 6103(e)(4)(I), struck out
subsec. (i) which authorized appropriations for carrying
out certain programs under sections 242b, 242c, 242k,
and 242n of this title during fiscal years 1988 to 1990.
1988—Subsec. (b)(2)(A). Pub. L. 100–690 inserted after
first sentence ‘‘Each application for a grant, contract,
or cooperative agreement in an amount exceeding
$50,000 of direct costs for the dissemination of research
findings or the development of research agendas (including conferences, workshops, and meetings) shall be
submitted to a standing peer review group with persons
with appropriate expertise and shall not be submitted
to any peer review group established to review applications for research, evaluation, or demonstration
projects.’’ and substituted ‘‘an application described in
the first two sentences of this subparagraph’’ for ‘‘each
such application’’ in last sentence.
1987—Subsec. (a)(1), (2). Pub. L. 100–177, § 106(a)(1),
added pars. (1) and (2) and struck out former pars. (1)
and (2) which read as follows:
‘‘(1) Not later than December 1 of each year, the Secretary shall make a report to Congress respecting (A)
the administration of sections 242b, 242c, 242k, and 242l
and section 242n of this title during the preceding fiscal
year, and (B) the current state and progress of health
services research and, health statistics, and health care
technology.
‘‘(2) The Secretary, acting through the National Center for Health Services Research and the National Center for Health Statistics, shall assemble and submit to
the President and the Congress not later than December 1 of each year the following reports:
‘‘(A) A report on health care costs and financing.
Such report shall include a description and analysis
of the statistics collected under section 242k(b)(1)(G)
of this title.
‘‘(B) A report on health resources. Such report shall
include a description and analysis, by geographic
area, of the statistics collected under section
242k(b)(1)(E) of this title.
‘‘(C) A report on the utilization of health resources.
Such report shall include a description and analysis,
by age, sex, income, and geographic area, of the statistics collected under section 242k(b)(1)(F) of this
title.
‘‘(D) A report on the health of the Nation’s people.
Such report shall include a description and analysis,
by age, sex, income, and geographic area, of the statistics collected under section 242k(b)(1)(A) of this
title.’’
Subsec. (a)(3). Pub. L. 100–177, § 106(a)(2), struck out
‘‘or (2)’’ after ‘‘paragraph (1)’’.
Subsec. (b)(1). Pub. L. 100–177, § 107(1), inserted ‘‘and
unless a peer review group referred to in paragraph (2)
has recommended the application for approval’’ before
period at end.
Subsec. (b)(2). Pub. L. 100–177, § 107(2), added par. (2)
and struck out former par. (2) which read as follows:
‘‘Each application submitted for a grant or contract
under section 242b or 242c of this title, in an amount exceeding $50,000 of direct costs and for a health services
research, evaluation, or demonstration project, shall be
submitted by the Secretary for review for scientific
merit to a panel of experts appointed by him from persons who are not officers or employees of the United
States and who possess qualifications relevant to the
project for which the application was made. A panel to
which an application is submitted under this paragraph
shall report its findings and recommendations respecting the application to the Secretary in such form and
manner as the Secretary shall by regulation prescribe.’’
Subsec. (i). Pub. L. 100–177, § 108, amended subsec. (i)
generally, substituting provisions authorizing appropriations for fiscal years 1988 to 1990 for carrying out
activities under sections 242b, 242c, 242k, and 242n of
this title for former provisions authorizing appropriations for fiscal years 1975 to 1987 for carrying out activities under those sections.

Page 137

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1984—Subsec. (i)(1). Pub. L. 98–551, § 7(a), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1985, 1986, and 1987, inserted ‘‘and Health
Care Technology Assessment’’ after ‘‘Research’’, substituted ‘‘and at least 10 per centum of such amount or
$1,500,000, whichever is less, shall be available only for
the user liaison program and the technical assistance
program referred to in section 242c(c)(2) of this title
and for dissemination activities directly undertaken
through such Center’’ for ‘‘and at least 5 per centum of
such amount or $1,000,000, whichever is less, shall be
available only for dissemination activities directly
undertaken through such Center’’, inserted ‘‘For health
care technology assessment activities undertaken
under subsections (b)(5), (e), (f), and (g) of section 242c
of this title the Secretary shall obligate from funds appropriated under this paragraph not less than $3,000,000
for the fiscal year ending September 30, 1985, $3,500,000
for the fiscal year ending September 30, 1986, and
$4,000,000 for the fiscal year ending September 30, 1987.
For grants under section 242n of this title the Secretary shall obligate from funds appropriated under
this paragraph not less than $500,000 for the fiscal year
ending September 30, 1985, $750,000 for the fiscal year
ending September 30, 1986, and $750,000 for the fiscal
year ending September 30, 1987.’’, and in last sentence
substituted ‘‘for any fiscal year’’ for ‘‘for each of the
fiscal years ending September 30, 1982, September 30,
1983, and September 30, 1984,’’.
Subsec. (i)(2). Pub. L. 98–551, § 7(b), inserted provisions
authorizing appropriations for fiscal years ending Sept.
30, 1985, 1986, and 1987.
1983—Subsec. (d). Pub. L. 97–414 inserted ‘‘, if an establishment or person supplying the information or described in it is identifiable,’’ after ‘‘No information’’,
and substituted ‘‘such establishment or person has consented (as determined under regulations of the Secretary) to its use for such other purpose’’ for ‘‘authorized by guidelines in effect under section 242k(l)(2) of
this title or under regulations of the Secretary’’.
1981—Subsec. (a)(2). Pub. L. 97–35, § 922(a), substituted
‘‘December’’ for ‘‘September’’, which change had already been made by Pub. L. 94–273.
Subsec. (b)(2). Pub. L. 97–35, § 922(b), substituted
‘‘$50,000’’ for ‘‘$35,000’’.
Subsec. (d)(2). Pub. L. 97–35, § 922(c), inserted applicability to health care technology activities under section 242n of this title.
Subsec. (i)(1). Pub. L. 97–35, §§ 917(a), 919(a)(2)(B), inserted provisions respecting amounts of and limitations
on uses for appropriations for the fiscal years ending
Sept. 30, 1982, 1983, and 1984.
Subsec. (i)(2). Pub. L. 97–35, § 917(b), inserted provisions respecting appropriations for the fiscal years ending Sept. 30, 1982, 1983, and 1984.
1978—Subsec. (a)(1). Pub. L. 95–623, § 6(d)(1), required
the report to cover the administration of section 242n
of this title and the current state and progress of
health care technology.
Subsec. (b)(1). Pub. L. 95–623, § 6(d)(2), inserted reference to grant or contract under section 242n of this
title.
Subsec. (d). Pub. L. 95–623, §§ 6(d)(3), 8(b), inserted reference to section 242n of this title and substituted in cl.
(1) ‘‘statistical or epidemiological activities’’ for ‘‘statistical activities’’; and authorized use of information
for purposes other than for which supplied when authorized by guidelines in effect under section 242k(l)(2)
of this title.
Subsecs. (e), (f), (g)(2), (h)(1). Pub. L. 95–623,
§ 6(d)(4)–(7), inserted references to section 242n of this
title.
Subsec. (i)(1). Pub. L. 95–623, § 2(a), authorized appropriation of $35,000,000; $40,000,000; and $45,000,000 for fiscal years ending Sept. 30, 1979, through 1981, and substituted minimum amounts of the lesser of 20 per centum of appropriated funds or $6,000,000 for health services research, evaluation and demonstration activities
of the National Center for Health Services Research
and 5 per centum of such funds or $1,000,000 for dissemi-

§ 242m

nation activities of such Center for prior similar requirement of 25 per centum of appropriated funds for
the applicable fiscal years for health services research,
evaluation, and demonstration activities of the Secretary.
Subsec. (i)(2). Pub. L. 95–623, § 2(b), authorized appropriation of $50,000,000; $65,000,000; and $70,000,000 for fiscal years ending Sept. 30, 1979, through 1981.
1977—Subsec. (i)(1). Pub. L. 95–83, § 104(a), authorized
appropriation of $28,600,000 for fiscal year ending Sept.
30, 1978.
Subsec. (i)(2). Pub. L. 95–83, § 104(b), authorized appropriation of $33,600,000 for fiscal year ending Sept. 30,
1978.
1976—Subsec. (a). Pub. L. 94–273 substituted ‘‘December’’ for ‘‘September’’ wherever appearing.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–392, title IV, § 401(e), Nov. 13, 1998, 112
Stat. 3587, provided that: ‘‘This section [amending this
section and sections 247b–5, 247b–6, 247c, 285f–2, 300d–1 to
300d–3, 300d–13, 300d–32, 300k, and 300n–1 of this title] is
deemed to have taken effect immediately after the enactment of Public Law 103–183 [Dec. 14, 1993].’’
EFFECTIVE DATE OF 1988 AMENDMENT
Section 2600 of Pub. L. 100–690 provided that: ‘‘Except
as provided in section 2613(b)(1) [42 U.S.C. 285m note],
the amendments made by this subtitle [subtitle G
(§§ 2600–2641) of title II of Pub. L. 100–690, enacting sections 285m–4 to 285m–6 of this title, amending this section, sections 242c, 281, 284, 284c, 285j, 285m, 285m–1 to
285m–6, 286, 289f, 290cc–28, 290cc–36, 292h, 294a, 295g–4,
295g–7, 295g–8b, 295h, 295h–5, 295j, 297j, 297n, 300cc–3,
300cc–13, 300cc–17, 300cc–20, 300cc–31, 300dd–1, 300dd–3,
300dd–8, 300dd–10, 300dd–12 to 300dd–14, 300dd–21,
300dd–32, 300ee, 300ee–2, 300ee–5, 300ee–12, 300ee–13,
300ee–15 to 300ee–18, 300ee–20, 300ee–22, 300ee–34, 300ff–48,
and 300aaa to 300aaa–13 of this title, and section 393 of
Title 21, Food and Drugs, enacting provisions set out as
notes under section 285m of this title, amending provisions set out as notes under sections 201, 292h, 300cc,
300ee–1, and 300ff–48 of this title, and repealing provisions set out as a note under section 285m of this title]
shall take effect immediately after the enactment of
the Health Omnibus Programs Extension of 1988 [Nov.
4, 1988].’’
EFFECTIVE DATE OF 1987 AMENDMENT
Section 106(c) of Pub. L. 100–177 provided that: ‘‘The
amendments made by subsections (a) and (b) [amending
this section and section 242p of this title] shall apply to
reports and profiles required to be submitted after November 1, 1987.’’
MINE WORKERS STUDY; REPORT COMPLETED AND SUBMITTED NO LATER THAN 30 MONTHS AFTER NOVEMBER 9, 1978
Section 10 of Pub. L. 95–623, as amended by S. Res. 30,
Mar. 7, 1979; H. Res. 549, Mar. 25, 1980, required the Secretary, acting through the National Center for Health
Services Research, to arrange for the conduct of a
study to evaluate the impact upon the utilization of
health services by and the health status of members of
the United Mine Workers and their dependents as a result of changes in the United Mine Workers’ collectivebargaining agreements of Mar. 1978 with a report to be
submitted to the Secretary and specific committees of
the Senate and House of Representatives within 30
months after Nov. 9, 1978.
AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
ENDING JUNE 30, 1977
Section 107(b) of Pub. L. 93–353 provided that: ‘‘The
authorizations of appropriations provided by section
308(i) of the Public Health Service Act [subsec. (i) of
this section] is extended for the fiscal year ending June
30, 1977, in the amounts authorized for the preceding
fiscal year unless before June 30, 1976, Congress has
passed legislation repealing this subsection.’’

§ 242n

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 242n. Repealed. Pub. L. 101–239, title VI,
§ 6103(d)(1)(B), Dec. 19, 1989, 103 Stat. 2205
Section, act July 1, 1944, ch. 373, title III, § 309, as
added Nov. 9, 1978, Pub. L. 95–623, § 6(c), 92 Stat. 3447;
amended July 10, 1979, Pub. L. 96–32, § 5(d), 93 Stat. 83;
Aug. 13, 1981, Pub. L. 97–35, title IX, §§ 917(c), 923, 95
Stat. 565, 567; Oct. 30, 1984, Pub. L. 98–551, § 8, 98 Stat.
2820; Oct. 7, 1985, Pub. L. 99–117, § 8(a), 99 Stat. 493; Dec.
1, 1987, Pub. L. 100–177, title I, § 109, 101 Stat. 990, related
to grants for a council on health care technology.
TERMINATION OF COUNCIL ON HEALTH CARE
TECHNOLOGY
Section 6103(d)(1)(B) of Pub. L. 101–239 provided in
part that the council on health care technology established under this section is terminated.
TRANSITIONAL AND SAVINGS PROVISIONS FOR
PUB. L. 101–239
For provision transferring personnel of Department
of Health and Human Services employed on Dec. 19,
1989, in connection with functions vested in Administrator for Health Care Policy and Research pursuant to
amendments made by section 6103 of Pub. L. 101–239,
and assets, liabilities, etc., of Department arising from
or employed, held, used, or available on that date, or to
be made available after that date, in connection with
those functions, to Administrator for appropriate allocation, and for provisions for continued effectiveness of
actions, orders, rules, official documents, etc., of Department that have been issued, made, granted, or allowed to become effective in performance of those functions, and that were effective on Dec. 19, 1989, see section 6103(f) of Pub. L. 101–239, set out as a note under
section 299 of this title.

§ 242o. Health conferences; publication of health
educational information
(a) A conference of the health authorities in
and among the several States shall be called annually by the Secretary. Whenever in his opinion the interests of the public health would be
promoted by a conference, the Secretary may
invite as many of such health authorities and
officials of other State or local public or private
agencies, institutions, or organizations to confer
as he deems necessary or proper. Upon the application of health authorities of five or more
States it shall be the duty of the Secretary to
call a conference of all State health authorities
joining in the request. Each State represented
at any conference shall be entitled to a single
vote. Whenever at any such conference matters
relating to mental health are to be discussed,
the mental health authorities of the respective
States shall be invited to attend.
(b) From time to time the Secretary shall
issue information related to public health, in
the form of publications or otherwise, for the
use of the public, and shall publish weekly reports of health conditions in the United States
and other countries and other pertinent health
information for the use of persons and institutions concerned with health services.
(July 1, 1944, ch. 373, title III, § 310, formerly
§§ 309, 310, as added Pub. L. 93–353, title I, § 107(a),
July 23, 1974, 88 Stat. 371; renumbered § 310, Pub.
L. 95–623, § 6(a), (b), Nov. 9, 1978, 92 Stat. 3447.)
CODIFICATION
Subsec. (a) of this section consists of former section
309 of act July 1, 1944, prior to the renumbering of that
section as section 310(a) by Pub. L. 95–623. Subsec. (b) of

Page 138

this section consists of former section 310 of act July 1,
1944, prior to the renumbering of that section as section
310(b) by Pub. L. 95–623.
PRIOR PROVISIONS
A prior section 310 of act July 1, 1944, was renumbered
section 329, and was classified to section 254b of this
title prior to the general amendment of subpart I (§ 254b
et seq.) of part D of this subchapter by Pub. L. 104–299.
Provisions similar to those comprising subsec. (a) of
this section were contained in section 312 of act July 1,
1944, ch. 373, title III, 58 Stat. 693, as amended (formerly
classified to section 244 of this title), prior to repeal by
Pub. L. 93–353, § 102(a).
Provisions similar to those comprising subsec. (b) of
this section were contained in section 315 of act July 1,
1944, ch. 373, title III, 58 Stat. 695; Oct. 30, 1970, Pub. L.
91–515, title II, § 282, 84 Stat. 1308 (formerly classified to
section 247 of this title), prior to repeal by Pub. L.
93–353, § 102(a).

§ 242p. National disease prevention data profile
(a) The Secretary, acting through the National Center for Health Statistics, shall submit
to Congress on March 15, 1990, and on March 15
of every third year thereafter, a national disease
prevention data profile in order to provide a
data base for the effective implementation of
this Act and to increase public awareness of the
prevalence, incidence, and any trends in the preventable causes of death and disability in the
United States. Such profile shall include at a
minimum—
(1) mortality rates for preventable diseases;
(2) morbidity rates associated with preventable diseases;
(3) the physical determinants of health of
the population of the United States and the relationship between these determinants of
health and the incidence and prevalence of
preventable causes of death and disability; and
(4) the behavioral determinants of health of
the population of the United States including,
but not limited to, smoking, nutritional and
dietary habits, exercise, and alcohol consumption, and the relationship between these determinants of health and the incidence and prevalence of preventable causes of death and disability.
(b) In preparing the profile required by subsection (a) of this section, the Secretary, acting
through the National Center for Health Statistics, shall comply with all relevant provisions of
sections 242k and 242m of this title.
(Pub. L. 95–626, title IV, § 404, Nov. 10, 1978, 92
Stat. 3591; Pub. L. 100–177, title I, § 106(b), Dec. 1,
1987, 101 Stat. 989.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 95–626,
Nov. 10, 1978, 92 Stat. 3551, known as the Health Services and Centers Amendments of 1978. For complete
classification of this Act to the Code, see Short Title of
1978 Amendments note set out under section 201 of this
title and Tables.
CODIFICATION
Section was enacted as part of the Health Services
and Centers Amendments of 1978, and not as part of the
Public Health Service Act which comprises this chapter.
AMENDMENTS
1987—Subsec. (a). Pub. L. 100–177 substituted ‘‘on
March 15, 1990, and on March 15 of every third year

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thereafter’’ for ‘‘on December 1, 1980, and on December
1 of every third year thereafter’’ in first sentence.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–177 applicable to reports
and profiles required to be submitted after Nov. 1, 1987,
see section 106(c) of Pub. L. 100–177, set out as a note
under section 242m of this title.

§ 242q. Task Force on Aging Research; establishment and duties
(a) Establishment
The Secretary of Health and Human Services
shall establish a Task Force on Aging Research.
(b) Duties
With respect to aging research (as defined in
section 242q–4 1 of this title), the Task Force
each fiscal year shall—
(1) make recommendations to the Secretary
specifying the particular projects of research,
or the particular categories of research, that
should be conducted or supported by the Secretary;
(2) of the projects specified under paragraph
(1), make recommendations to the Secretary
of the projects that should be given priority in
the provision of funds; and
(3) make recommendations to the Secretary
of the amount of funds that should be appropriated for such research.
(c) Provision of information to public
The Task Force may make available to health
professionals, and to other members of the public, information regarding the research described in subsection (b) of this section.
(Pub. L. 101–557, title III, § 301, Nov. 15, 1990, 104
Stat. 2768.)
REFERENCES IN TEXT
Section 242q–4 of this title, referred to in subsec. (b),
was in the original ‘‘section 305’’, meaning section 305
of Pub. L. 101–557. Section 305 was renumbered section
304 by Pub. L. 109–482, title I, § 104(b)(3)(B), Jan. 15, 2007,
120 Stat. 3694.
CODIFICATION
Section was enacted as part of the Home Health Care
and Alzheimer’s Disease Amendments of 1990, and not
as part of the Public Health Service Act which comprises this chapter.

§ 242q–1. Membership
(a) Composition
The Task Force shall be composed of—
(1) the Assistant Secretary for Health;
(2) the Surgeon General of the Public Health
Service;
(3) the Assistant Secretary for Planning and
Evaluation;
(4) the Director of the National Institute on
Aging, and the Directors of such other agencies of the National Institutes of Health as the
Secretary determines to be appropriate;
(5) the Commissioner of the Administration
on Aging;
(6) the Commissioner of Food and Drugs;
(7) the Under Secretary for Health of the Department of Veterans Affairs;
1 See

References in Text note below.

§ 242q–1

(8) the Administrator of the the 1 Substance
Abuse and Mental Health Services Administration;
(9) the Administrator of the Centers for
Medicare & Medicaid Services;
(10) the Commissioner of Social Security;
(11) the Director of the Agency for Healthcare Research and Quality;
(12) two Members of the House of Representatives appointed by the Speaker of the House
in consultation with the Minority Leader, and
two members of the Senate appointed by the
Majority Leader in consultation with the Minority Leader, not more than one of whom
from each body shall be members of the same
political party; and
(13) three members of the general public, to
be appointed by the Secretary, that shall include one representative each from—
(A) a nonprofit group representing older
Americans;
(B) a private voluntary health organization concerned with the health problems affecting older Americans; and
(C) a nonprofit organization concerned
with research related to the health and independence of older Americans.
(b) Chair
The Secretary, acting through either the Assistant Secretary for Health or the Director of
the National Institute on Aging, shall serve as
the Chair of the Task Force.
(c) Quorum
A majority of the members of the Task Force
shall constitute a quorum, and a lesser number
may hold hearings.
(d) Meetings
The Task Force shall meet periodically at the
call of the Chair, but in no event less than twice
each year.
(e) Compensation and expenses
(1) Compensation
Members of the Task Force who are not regular full-time employees of the United States
Government shall, while attending meetings
and conferences of the Task Force or otherwise engaged in the business of the Task Force
(including traveltime), be entitled to receive
compensation at a rate fixed by the Secretary,
but not exceeding the rate specified at the
time of such service under GS–18 of the General Schedules established under section 5332
of title 5.
(2) Expenses
While away from their homes or regular
places of business on the business of the Task
Force, members of such Task Force may be allowed travel expenses, including per diem in
lieu of subsistence, as is authorized under section 5703 of title 5 for persons employed intermittently in the Government service.
(Pub. L. 101–557, title III, § 302, Nov. 15, 1990, 104
Stat. 2769; Pub. L. 102–321, title I, § 161, July 10,
1992, 106 Stat. 375; Pub. L. 102–405, title III,
§ 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L.
1 So

in original.

§ 242q–2

TITLE 42—THE PUBLIC HEALTH AND WELFARE

106–129, § 2(b)(2), Dec. 6, 1999, 113 Stat. 1670; Pub.
L. 108–173, title IX, § 900(e)(6)(D), Dec. 8, 2003, 117
Stat. 2373.)
CODIFICATION
Section was enacted as part of the Home Health Care
and Alzheimer’s Disease Amendments of 1990, and not
as part of the Public Health Service Act which comprises this chapter.
AMENDMENTS
2003—Subsec. (a)(9). Pub. L. 108–173 substituted ‘‘Centers for Medicare & Medicaid Services’’ for ‘‘Health
Care Financing Administration’’.
1999—Subsec. (a)(11). Pub. L. 106–129 substituted ‘‘Director of the Agency for Healthcare Research and Quality’’ for ‘‘Administrator for Health Care Policy and Research’’.
1992—Subsec. (a)(7). Pub. L. 102–405 substituted
‘‘Under Secretary for Health of the Department of Veterans Affairs’’ for ‘‘Chief Medical Director of the Department of Veterans Affairs’’.
Subsec. (a)(8). Pub. L. 102–321 substituted ‘‘Substance
Abuse and Mental Health Services Administration’’ for
‘‘Alcohol, Drug Abuse and Mental Health Administration’’.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–321 effective Oct. 1, 1992,
with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as
a note under section 236 of this title.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 242q–2. Administrative staff and support
The Secretary, acting through either the Assistant Secretary for Health or the Director of
the National Institute on Aging, shall appoint
an Executive Secretary for the Task Force and
shall provide the Task Force with such administrative staff and support as may be necessary to
enable the Task Force to carry out subsections
(b) and (c) of section 242q of this title.
(Pub. L. 101–557, title III, § 303, Nov. 15, 1990, 104
Stat. 2770.)
CODIFICATION
Section was enacted as part of the Home Health Care
and Alzheimer’s Disease Amendments of 1990, and not
as part of the Public Health Service Act which comprises this chapter.

§ 242q–3. Repealed. Pub. L. 109–482, title I,
§ 104(b)(3)(B), Jan. 15, 2007, 120 Stat. 3694
Section, Pub. L. 101–557, title III, § 304, Nov. 15, 1990,
104 Stat. 2770, related to reports that provided recommendations required in section 242q(b) of this title.
EFFECTIVE DATE OF REPEAL
Repeal applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal
years, see section 109 of Pub. L. 109–482, set out as an
Effective Date of 2007 Amendment note under section
281 of this title.

§ 242q–4. Definitions
For purposes of sections 242q to 242q–5 of this
title:

Page 140

(1) Aging research
(A) The term ‘‘aging research’’ means research on the aging process and on the diagnosis and treatment of diseases, disorders, and
complications related to aging, including
menopause. Such research includes research
on such treatments, and on medical devices
and other medical interventions regarding
such diseases, disorders, and complications,
that can assist individuals in avoiding institutionalization and prolonged hospitalization
and in otherwise increasing the independence
of the individuals.
(B) For purposes of subparagraph (A), the
term ‘‘independence’’, with respect to diseases,
disorders, and complications of aging, means
the functional ability of individuals to perform activities of daily living or instrumental
activities of daily living without assistance or
supervision.
(2) Secretary
The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(3) Task Force
The term ‘‘Task Force’’ means the Task
Force on Aging Research established under
section 242q(a) of this title.
(Pub. L. 101–557, title III, § 304, formerly § 305,
Nov. 15, 1990, 104 Stat. 2770; renumbered § 304,
Pub. L. 109–482, title I, § 104(b)(3)(B), Jan. 15, 2007,
120 Stat. 3694.)
CODIFICATION
Section was enacted as part of the Home Health Care
and Alzheimer’s Disease Amendments of 1990, and not
as part of the Public Health Service Act which comprises this chapter.
PRIOR PROVISIONS
A prior section 304 of Pub. L. 101–557 was classified to
section 242q–3 of this title, prior to repeal by Pub. L.
109–482.

§ 242q–5. Authorization of appropriations
For the purpose of carrying out sections 242q
to 242q–5 of this title, there are authorized to be
appropriated such sums as may be necessary for
each of the fiscal years 1991 through 1993.
(Pub. L. 101–557, title III, § 305, formerly § 306,
Nov. 15, 1990, 104 Stat. 2770; renumbered § 305,
Pub. L. 109–482, title I, § 104(b)(3)(B), Jan. 15, 2007,
120 Stat. 3694.)
CODIFICATION
Section was enacted as part of the Home Health Care
and Alzheimer’s Disease Amendments of 1990, and not
as part of the Public Health Service Act which comprises this chapter.
PRIOR PROVISIONS
A prior section 305 of Pub. L. 101–557 was renumbered
section 304 and is classified to section 242q–4 of this
title.

§ 242r. Improvement and publication of data on
food-related allergic responses
(a) In general
The Secretary of Health and Human Services,
acting through the Director of the Centers for

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Disease Control and Prevention and in consultation with the Commissioner of Food and Drugs,
shall improve (including by educating physicians and other health care providers) the collection of, and publish as it becomes available,
national data on—
(1) the prevalence of food allergies;
(2) the incidence of clinically significant or
serious adverse events related to food allergies; and
(3) the use of different modes of treatment
for and prevention of allergic responses to
foods.
(b) Authorization of appropriations
For the purpose of carrying out this section,
there are authorized to be appropriated such
sums as may be necessary.
(Pub. L. 108–282, title II, § 207, Aug. 2, 2004, 118
Stat. 910.)
CODIFICATION
Section was enacted as part of the Food Allergen Labeling and Consumer Protection Act of 2004, and not as
part of the Public Health Service Act which comprises
this chapter.

§ 242s. Centers for Disease Control and Prevention Office of Women’s Health
(a) Establishment
There is established within the Office of the
Director of the Centers for Disease Control and
Prevention, an office to be known as the Office
of Women’s Health (referred to in this section as
the ‘‘Office’’). The Office shall be headed by a director who shall be appointed by the Director of
such Centers.
(b) Purpose
The Director of the Office shall—
(1) report to the Director of the Centers for
Disease Control and Prevention on the current
level of the Centers’ activity regarding women’s health conditions across, where appropriate, age, biological, and sociocultural contexts, in all aspects of the Centers’ work, including prevention programs, public and professional education, services, and treatment;
(2) establish short-range and long-range
goals and objectives within the Centers for
women’s health and, as relevant and appropriate, coordinate with other appropriate offices on activities within the Centers that relate to prevention, research, education and
training, service delivery, and policy development, for issues of particular concern to
women;
(3) identify projects in women’s health that
should be conducted or supported by the Centers;
(4) consult with health professionals, nongovernmental organizations, consumer organizations, women’s health professionals, and
other individuals and groups, as appropriate,
on the policy of the Centers with regard to
women; and
(5) serve as a member of the Department of
Health and Human Services Coordinating
Committee on Women’s Health (established
under section 237a(b)(4) of this title).
(c) Definition
As used in this section, the term ‘‘women’s
health conditions’’, with respect to women of all

§ 243

age, ethnic, and racial groups, means diseases,
disorders, and conditions—
(1) unique to, significantly more serious for,
or significantly more prevalent in women; and
(2) for which the factors of medical risk or
type of medical intervention are different for
women, or for which there is reasonable evidence that indicates that such factors or types
may be different for women.
(d) Authorization of appropriations
For the purpose of carrying out this section,
there are authorized to be appropriated such
sums as may be necessary for each of the fiscal
years 2010 through 2014.
(July 1, 1944, ch. 373, title III, § 310A, as added
Pub. L. 111–148, title III, § 3509(b), Mar. 23, 2010,
124 Stat. 533.)
PRIOR PROVISIONS
A prior section 310A of act July 1, 1944, was renumbered section 226 and transferred to section 235 of this
title.

PART B—FEDERAL-STATE COOPERATION
§ 243. General grant of authority for cooperation
(a) Enforcement of quarantine regulations; prevention of communicable diseases
The Secretary is authorized to accept from
State and local authorities any assistance in the
enforcement of quarantine regulations made
pursuant to this chapter which such authorities
may be able and willing to provide. The Secretary shall also assist States and their political
subdivisions in the prevention and suppression
of communicable diseases and with respect to
other public health matters, shall cooperate
with and aid State and local authorities in the
enforcement of their quarantine and other
health regulations, and shall advise the several
States on matters relating to the preservation
and improvement of the public health.
(b) Comprehensive and continuing planning;
training of personnel for State and local
health work; fees
The Secretary shall encourage cooperative activities between the States with respect to comprehensive and continuing planning as to their
current and future health needs, the establishment and maintenance of adequate public health
services, and otherwise carrying out public
health activities. The Secretary is also authorized to train personnel for State and local
health work. The Secretary may charge only
private entities reasonable fees for the training
of their personnel under the preceding sentence.
(c) Development of plan to control epidemics and
meet emergencies or problems resulting from
disasters; cooperative planning; temporary
assistance; reimbursement of United States
(1) The Secretary is authorized to develop (and
may take such action as may be necessary to
implement) a plan under which personnel, equipment, medical supplies, and other resources of
the Service and other agencies under the jurisdiction of the Secretary may be effectively used
to control epidemics of any disease or condition
and to meet other health emergencies or prob-