-CITE- 42 USC TITLE 42 - THE PUBLIC HEALTH AND WELFARE 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE TITLE 42 - THE PUBLIC HEALTH AND WELFARE -MISC1- Chap. Sec. 1. The Public Health Service [Repealed or Omitted, See Chapter 6A] 1 1A. The Public Health Service; Supplemental Provisions [Transferred or Omitted] 71 2. Sanitation and Quarantine 81 3. Leprosy [Repealed] 121 3A. Cancer [Repealed] 137 4. Viruses, Serums, Toxins, Antitoxins, etc. [Repealed] 141 5. Maternity and Infancy Welfare and Hygiene [Repealed] 161 6. The Children's Bureau 191 6A. Public Health Service 201 7. Social Security 301 7A. Temporary Unemployment Compensation Program [Omitted] 1400 8. Low-Income Housing 1401 8A. Slum Clearance, Urban Renewal, and Farm Housing 1441 8B. Public Works or Facilities [Omitted] 1491 8C. Open-Space Land [Omitted or Repealed] 1500 9. Housing of Persons Engaged in National Defense 1501 10. Federal Security Agency [Transferred or Omitted] 1601 11. Compensation for Disability or Death to Persons Employed at Military, Air, and Naval Bases Outside United States 1651 12. Compensation for Injury, Death, or Detention of Employees of Contractors with United States Outside United States 1701 13. School Lunch Programs 1751 13A. Child Nutrition 1771 14. Development and Control of Atomic Energy [Transferred to Chapter 23] 1801 15. Disaster Relief [Repealed] 1851 15A. Reciprocal Fire Protection Agreements 1856 15B. Air Pollution Control [Transferred or Repealed] 1857 16. National Science Foundation 1861 16A. Grants for Support of Scientific Research [Repealed] 1891 16B. Contracts for Scientific and Technological Research 1900 17. Federal Employment Service [Transferred] 1901 18. Youth Medals 1921 19. Saline and Salt Waters [Repealed, Omitted, or Transferred] 1951 19A. Water Resources Research Program [Repealed] 1961 19B. Water Resources Planning 1962 20. Elective Franchise 1971 20A. Civil Rights Commission 1975 21. Civil Rights 1981 21A. Privacy Protection 2000aa 21B. Religious Freedom Restoration 2000bb 21C. Protection of Religious Exercise in Land Use and by Institutionalized Persons 2000cc 22. Indian Hospitals and Health Facilities 2001 23. Development and Control of Atomic Energy 2011 24. Disposal of Atomic Energy Communities 2301 25. Federal Flood Insurance 2401 26. National Space Program 2451 26A. National Space Grant College and Fellowship Program 2486 26B. Biomedical Research in Space 2487 27. Loan Service of Captioned Films and Educational Media for Handicapped 2491 28. Area Redevelopment Program [Omitted or Repealed] 2501 29. Juvenile Delinquency and Youth Offenses Control [Omitted] 2541 30. Manpower Development and Training Program [Repealed] 2571 31. Public Works Acceleration Program 2641 32. Third Party Liability for Hospital and Medical Care 2651 33. Community Mental Health Centers [Omitted, Transferred, or Repealed] 2661 34. Economic Opportunity Program 2701 35. Programs for Older Americans 3001 35A. Community Service Employment for Older Americans [Repealed] 3061 36. Compensation of Condemnees in Development Programs [Repealed] 3071 37. Community Facilities and Advance Land Acquisition 3101 38. Public Works and Economic Development 3121 39. Solid Waste Disposal [Omitted or Repealed, See Chapter 82] 3251 40. Soil Information Assistance for Community Planning and Resource Development 3271 41. Demonstration Cities and Metropolitan Development Program 3301 42. Narcotic Addict Rehabilitation 3401 43. Department of Health and Human Services 3501 44. Department of Housing and Urban Development 3531 45. Fair Housing 3601 46. Justice System Improvement 3701 47. Juvenile Delinquency Prevention and Control [Omitted or Repealed] 3801 48. Guarantees for Financing New Community Land Development [Repealed or Omitted] 3901 49. National Housing Partnerships 3931 50. National Flood Insurance 4001 51. Design and Construction of Public Buildings To Accommodate Physically Handicapped 4151 52. Intergovernmental Cooperation [Repealed, See Chapter 65 of Title 31] 4201 52A. Joint Funding Simplification [Repealed] 4251 53. Advisory Commission on Intergovernmental Relations 4271 54. Cabinet Committee on Opportunities for Spanish-Speaking People [Omitted] 4301 55. National Environmental Policy 4321 56. Environmental Quality Improvement 4371 57. Environmental Pollution Study 4391 58. Disaster Relief [Repealed or Transferred] 4401 59. National Urban Policy and New Community Development 4501 60. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Program 4551 61. Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs 4601 62. Intergovernmental Personnel Program 4701 63. Lead-Based Paint Poisoning Prevention 4801 63A. Residential Lead-Based Paint Hazard Reduction 4851 64. Public Service Employment Programs [Omitted] 4871 65. Noise Control 4901 66. Domestic Volunteer Services 4951 67. Child Abuse Prevention and Treatment and Adoption Reform 5101 68. Disaster Relief 5121 69. Community Development 5301 70. Manufactured Home Construction and Safety Standards 5401 71. Solar Energy 5501 72. Juvenile Justice and Delinquency Prevention 5601 73. Development of Energy Sources 5801 74. Nonnuclear Energy Research and Development 5901 75. Programs for Individuals With Developmental Disabilities [Repealed] 6000 76. Age Discrimination in Federally Assisted Programs 6101 77. Energy Conservation 6201 78. National Petroleum Reserve in Alaska 6501 79. Science and Technology Policy, Organization and Priorities 6601 80. Public Works Employment 6701 81. Energy Conservation and Resource Renewal 6801 82. Solid Waste Disposal 6901 83. Energy Extension Service 7001 84. Department of Energy 7101 85. Air Pollution Prevention and Control 7401 86. Earthquake Hazards Reduction 7701 87. Water Research and Development [Repealed or Transferred] 7801 88. Uranium Mill Tailings Radiation Control 7901 89. Congregate Housing Services 8001 90. Neighborhood and City Reinvestment, Self-Help and Revitalization 8101 91. National Energy Conservation Policy 8201 92. Powerplant and Industrial Fuel Use 8301 93. Emergency Energy Conservation 8501 94. Low-Income Energy Assistance 8601 95. United States Synthetic Fuels Corporation [Omitted] 8701 96. Biomass Energy and Alcohol Fuels 8801 97. Acid Precipitation Program and Carbon Dioxide Study 8901 98. Ocean Thermal Energy Conversion Research and Development 9001 99. Ocean Thermal Energy Conversion 9101 100. Wind Energy Systems 9201 101. Magnetic Fusion Energy Engineering 9301 102. Mental Health Systems 9401 103. Comprehensive Environmental Response, Compensation, and Liability 9601 104. Nuclear Safety Research, Development, and Demonstration 9701 105. Community Services Programs 9801 106. Community Services Block Grant Program 9901 107. Consumer-Patient Radiation Health and Safety 10001 108. Nuclear Waste Policy 10101 109. Water Resources Research 10301 109A. Membrane Processes Research 10341 110. Family Violence Prevention and Services 10401 111. Emergency Federal Law Enforcement Assistance 10501 112. Victim Compensation and Assistance 10601 113. State Justice Institute 10701 114. Protection and Advocacy for Mentally Ill Individuals 10801 115. Child Development Associate Scholarship Assistance Program 10901 116. Emergency Planning and Community Right-To-Know 11001 117. Encouraging Good Faith Professional Review Activities 11101 118. Alzheimer's Disease and Related Dementias Research 11201 119. Homeless Assistance 11301 120. Enterprise Zone Development 11501 121. International Child Abduction Remedies 11601 122. Native Hawaiian Health Care 11701 123. Drug Abuse Education and Prevention 11801 124. Public Housing Drug Elimination 11901 125. Renewable Energy and Energy Efficiency Technology Competitiveness 12001 126. Equal Opportunity for Individuals With Disabilities 12101 127. Coordinated Services for Children, Youth, and Families 12301 128. Hydrogen Research, Development, and Demonstration Program 12401 129. National and Community Service 12501 130. National Affordable Housing 12701 131. Housing Opportunities for Persons With AIDS 12901 132. Victims of Child Abuse 13001 133. Pollution Prevention 13101 134. Energy Policy 13201 135. Residency and Service Requirements in Federally Assisted Housing 13601 136. Violent Crime Control and Law Enforcement 13701 137. Management of Rechargeable Batteries and Batteries Containing Mercury 14301 138. Assisted Suicide Funding Restriction 14401 139. Volunteer Protection 14501 140. Criminal Justice Identification, Information, and Communication 14601 140A. Jennifer's Law 14664 141. Commercial Space Opportunities and Transportation Services 14701 142. Poison Control Center Enhancement and Awareness 14801 143. Intercountry Adoptions 14901 144. Developmental Disabilities Assistance and Bill of Rights 15001 145. Public Safety Officer Medal of Valor and Tributes 15201 146. Election Administration Improvement 15301 -End- -CITE- 42 USC CHAPTER 1 - THE PUBLIC HEALTH SERVICE 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE -HEAD- CHAPTER 1 - THE PUBLIC HEALTH SERVICE -MISC1- SUBCHAPTER I - GENERALLY Sec. 1 to 25e. Repealed or Omitted. 26. Isolation of civilians for protection of military, air and naval forces. 27. Definitions. 28 to 46. Repealed or Omitted. SUBCHAPTER II - PAY 61 to 70a. Omitted or Repealed. -End- -CITE- 42 USC SUBCHAPTER I - GENERALLY 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- SUBCHAPTER I - GENERALLY -End- -CITE- 42 USC Secs. 1 to 1j 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Secs. 1 to 1j. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 1, acts July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided that Public Health and Marine Hospital Service should be known as the Public Health Service. See section 202 of this title. Section 1a, act Nov. 11, 1943, ch. 298, Sec. 1, 57 Stat. 587, provided for organization and function of Public Health Service. See section 203 of this title. Section 1b, act Nov. 11, 1943, ch. 298, Sec. 2, 57 Stat. 587, provided for appointment of Assistant Surgeons General, their grade, pay, and allowances. See sections 206, 207, and 210 of this title. Section 1c, act Nov. 11, 1943, ch. 298, Sec. 3, 57 Stat. 587, provided for chiefs of divisions, their grade, pay and allowances, and creation of a Dental Division and a Sanitary Engineering Division. See sections 206, 207, and 210 of this title. Section 1d, act Nov. 11, 1943, ch. 298, Sec. 4, 57 Stat. 587, provided for temporary promotions in regular corps in time of war. See section 211 of this title. Section 1e, act Nov. 11, 1943, ch. 298, Sec. 5, 58 Stat. 588, provided for review of record of officers above grade of assistant surgeon and their separation from service. See section 211 of this title. Section 1f, act Nov. 11, 1943, ch. 298, Sec. 6, 58 Stat. 588, provided for an acting Surgeon General during absence of Surgeon General and Assistant to Surgeon General. See section 206 of this title. Section 1g, act Nov. 11, 1943, ch. 298, Sec. 7, 57 Stat. 588, provided for death and disability benefits of commissioned officers during war and for transfer of Service to military forces. See sections 213 and 217 of this title. Section 1h, act Nov. 11, 1943, ch. 298, Sec. 8, 57 Stat. 589, provided for commissioned officers' benefits as civil officers and employees of United States and election of benefits. See Title 5, Government Organization and Employees. Section 1i, act Nov. 11, 1943, ch. 298, Sec. 9, 57 Stat. 589, provided for beneficiaries' benefits where commissioned officer lost his life on active duty between Dec. 7, 1941, and Nov. 11, 1943. Section 1j, act Nov. 11, 1943, ch. 298, Sec. 11, 57 Stat. 589, provided for transfer of appropriations to continue transferred functions. See note set out under section 201 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294. Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 2 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Sec. 2. Omitted -COD- CODIFICATION Section, acts Feb. 3, 1905, ch. 297, 33 Stat. 650; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309; 1939 Reorg. Plan No. I, eff. July 1, 1939, Sec. 201, 4 F.R. 2728, 53 Stat. 1424, which provided for jurisdiction of Federal Security Agency over the Service, was superseded by section 202 of this title. -MISC1- REPEALS Act Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, which changed name of Public Health and Marine Hospital Service of the United States to Public Health Service was repealed by act July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714, renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2); 87 Stat. 604, and repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. Act July 1, 1944, retained the name Public Health Service. -End- -CITE- 42 USC Secs. 3, 4 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Secs. 3, 4. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 3, acts July 1, 1902, ch. 1370, Sec. 9, 32 Stat. 714; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for rules and regulations of service by the President. See section 216 of this title. Section 4, R.S. Sec. 4802; acts July 1, 1902, ch. 1370, Sec. 9, 32 Stat. 714; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for an annual report by Surgeon General to Federal Security Administrator. See section 229 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b). Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 5 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Sec. 5. Omitted -COD- CODIFICATION Section, act Mar. 4, 1915, ch. 167, Sec. 4, 38 Stat. 1191, provided for appointment to higher grade of officers of Public Health Service detailed with the former Isthmian Canal Commission. -End- -CITE- 42 USC Secs. 6 to 15a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Secs. 6 to 15a. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 6, acts July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for care of sick and disabled seamen. See section 249 of this title. Section 6a, act Mar. 31, 1936, ch. 161, 49 Stat. 1185, provided for care of seamen on Government vessels not in Military or Naval Establishments and of cadets on State school ships. See section 249 of this title. Section 7, act Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for investigations by Service into diseases, etc., and publications relating thereto. See section 241 of this title. Section 8, acts July 1, 1902, ch. 1370, Sec. 4, 32 Stat. 713; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for use of Service in time of war. See section 217 of this title. Section 8a, act Apr. 9, 1930, ch. 125, Sec. 2(a), 46 Stat. 150, provided for extension of facilities of Service to health officials and scientists. See section 241 of this title. Section 9, act Oct. 1, 1918, ch. 179, Sec. 2, 40 Stat. 1008, provided for suppression of Spanish influenza and other communicable diseases. See section 264 of this title. Section 9a, act Apr. 9, 1930, ch. 125, Sec. 3, 46 Stat. 150, provided that administrative office and bureau divisions in District of Columbia be a part of departmental organization and scientific offices and research laboratories as part of field services. See section 203 of this title. Section 10, acts Mar. 3, 1875, ch. 130, 18 Stat. 377; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for appointment of Surgeon General. See section 205 of this title. Section 11, R.S. Sec. 4802; acts July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for supervisory powers of Surgeon General. See section 203 of this title. Section 11a, act Apr. 9, 1930, ch. 125, Sec. 10(b), 46 Stat. 152, provided for pay and allowances of Surgeon General and for reversion in grade on expiration of term. See sections 205 and 207 of this title. Section 11b, act Aug. 9, 1939, ch. 606, 53 Stat. 1266, provided for rank and pay of Assistant to Surgeon General. See sections 206 and 207 of this title. Section 12, acts Jan. 4, 1889, ch. 19, Sec. 1, 25 Stat. 639; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for appointment of medical officers after examination. See section 209 of this title. Section 13, act Jan. 4, 1889, ch. 19, Sec. 2, 25 Stat. 639, provided for original appointments as assistant surgeons and promotion of passed assistant surgeon. See sections 209 and 211 of this title. Section 14, act Aug. 14, 1912, ch. 288, Sec. 2, 37 Stat. 309, provided for help as provided by Congress. See section 209 of this title. Section 15, acts Mar. 3, 1891, ch. 541, 26 Stat. 923; July 31, 1894, ch. 174, 28 Stat. 179; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712, provided for details for duty in bureau. See section 215 of this title. Section 15a, acts Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 780; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for detail of two hospital attendants for duty in laboratory. See section 215 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b). Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 16 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Sec. 16. Omitted -COD- CODIFICATION Section, which was from the Interior Department Appropriation Act, 1950, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 791, was not repeated in the General Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, 64 Stat. 595. It related to detail of Public Health medical officers to the Bureau of Mines. For provisions for details to executive departments, see section 215 of this title. Similar provisions were contained in the following prior acts: June 29, 1948, ch. 754, 62 Stat. 1139. July 25, 1947, ch. 337, 61 Stat. 483. July 1, 1946, ch. 529, 60 Stat. 375. July 3, 1945, ch. 262, 59 Stat. 351. June 28, 1944, ch. 298, 58 Stat. 499. July 12, 1943, ch. 219, 57 Stat. 485. July 2, 1942, ch. 473, 56 Stat. 548. June 28, 1941, ch. 259, 55 Stat. 345. June 18, 1940, ch. 395, 54 Stat. 444. May 10, 1939, ch. 119, 53 Stat. 725. May 9, 1938, ch. 187, 52 Stat. 330. Aug. 9, 1937, ch. 570, 50 Stat. 602. June 22, 1936, ch. 691, 49 Stat. 1791. May 9, 1935, ch. 101, 49 Stat. 205. Apr. 7, 1934, ch. 104, title III, 48 Stat. 564. Mar. 1, 1933, ch. 144, title III, 47 Stat. 1406. July 1, 1932, ch. 361, title III, 47 Stat. 516. Feb. 23, 1931, ch. 280, title III, 46 Stat. 1349. Apr. 18, 1930, ch. 184, title III, 46 Stat. 212. Jan. 25, 1929, ch. 102, title III, 45 Stat. 1133. Feb. 15, 1928, ch. 57, title III, 45 Stat. 103. Feb. 24, 1927, ch. 189, title III, 44 Stat. 1219. Apr. 29, 1926, ch. 195, title III, 44 Stat. 368. Jan. 24, 1923, ch. 42, 42 Stat. 1210. Mar. 4, 1921, ch. 161, 41 Stat. 1401. June 5, 1920, ch. 235, 41 Stat. 911. July 19, 1919, ch. 24, 41 Stat. 199. July 1, 1918, ch. 113, 40 Stat. 671. -MISC1- REPEALS Act July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, and repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936, repealed portions of Appropriations Acts June 12, 1917, ch. 27, Sec. 1, 40 Stat. 146; May 24, 1922, ch. 199, 42 Stat. 588; Jan. 24, 1923, ch. 42, 42 Stat. 1210; June 5, 1924, ch. 264, 43 Stat. 422; Mar. 3, 1925, ch. 462, 43 Stat. 1175, which contained similar provisions to those of this section, but later appropriation acts containing such provisions were not repealed. -End- -CITE- 42 USC Secs. 17 to 25e 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Secs. 17 to 25e. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 17, act Oct. 1, 1918, ch. 178, 40 Stat. 992, provided for a detail for duty with Department of Agriculture. See section 215 of this title. Section 17a, act Apr. 9, 1930, ch. 125, Sec. 1, 46 Stat. 150, provided for a detail for duty with executive and independent departments carrying on public health activities. See section 215 of this title. Section 17b, act Apr. 9, 1930, ch. 125, Sec. 2(a), 46 Stat. 150, provided for a detail for duty with educational and research institutions. See section 215 of this title. Section 17c, act Apr. 26, 1939, ch. 92, Sec. 1, 53 Stat. 620, provided for a detail for duty on vessels of Coast and Geodetic Survey. See section 215 of this title. Section 18, act Oct. 27, 1918, ch. 196, 40 Stat. 1017, provided for a Reserve of the Public Health Service. See sections 204, 207, 209, and 210 of this title. Section 18a, act Apr. 9, 1930, ch. 125, Sec. 6, 46 Stat. 151, provided for assignment of Reserve officers to active duty and for such service counting for promotion credits. See section 204 of this title. Section 18b, act Mar. 18, 1943, ch. 17, title I, 57 Stat. 24, provided for distribution of Reserve officers among the several grades. See section 209 of this title. Section 19, acts Feb. 19, 1897, ch. 265, 29 Stat. 554; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for leaves of absence for medical officers. See section 210-1 of this title. Section 20, act July 9, 1917, ch. 37, 40 Stat. 242, provided for pensions to officers detailed for service with Coast Guard, Army, or Navy. See section 213 of this title. Section 21, acts July 1, 1902, ch. 1370, Sec. 5, 32 Stat. 713; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309; Apr. 9, 1930, ch. 125, Sec. 13, 46 Stat. 152; May 26, 1930, ch. 320, Sec. 1, 46 Stat. 379, provided for establishment of National Advisory Health Council as an advisory board for National Institute of Health. See section 218 of this title. Section 21a, act Aug. 10, 1939, ch. 636, 53 Stat. 1338, provided for compensation of National Advisory Health Council. See section 210 of this title. Section 22, acts July 1, 1902, ch. 1370, Sec. 6, 32 Stat. 713; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309; May 26, 1930, ch. 320, Sec. 1, 46 Stat. 379, provided for appointment of chiefs of divisions and director of institute, and their pay and allowances. See sections 206 and 210 of this title. Section 23, act Mar. 4, 1913, ch. 149, 37 Stat. 915, provided for pay of director of Hygienic Laboratory which is now known as the National Institute of Health. See section 210 of this title. Section 23a, act May 26, 1930, ch. 320, Sec. 1, 46 Stat. 379, provided that Hygienic Laboratory should be succeeded by the National Institute of Health and that all laws, authorizations, and appropriations of Hygienic Laboratory should become applicable to its successor. Section 23b, act May 26, 1930, ch. 320, Sec. 2, 46 Stat. 379, provided for acceptance of gifts by Federal Security Administrator. See section 219 of this title. Section 23c, act May 26, 1930, ch. 320, Sec. 3, 46 Stat. 380, provided for detailing to duty of scientists receiving fellowships. See sections 209 and 241 of this title. Section 23d, act May 26, 1930, ch. 320, Sec. 4, 46 Stat. 380, provided for appointment and compensation of personnel of the National Institute of Health. See section 209 of this title. Section 23e, act May 26, 1930, ch. 320, Sec. 5, 46 Stat. 380, provided that facilities of the National Institute of Health be available to States, counties, and municipalities. See section 241 of this title. Section 23f, act May 26, 1930, ch. 320, Sec. 6, 46 Stat. 380, provided for rank, pay, and allowances of Director of the Institute. See sections 206, 207, and 210 of this title. Section 23g, acts Apr. 9, 1930, ch. 125, Sec. 2(b), 46 Stat. 150; May 26, 1930, ch. 320, Sec. 1, 46 Stat. 379, provided for additional divisions in Institute as authorized by Administrator. See section 203 of this title. Section 24, act July 9, 1918, ch. 143, ch. XV, Sec. 3, 40 Stat. 886, provided for establishment of a Division of Venereal Diseases. Section 25, act July 9, 1918, ch. 143, ch. XV, Sec. 4, 40 Stat. 886, provided for duties of Division of Venereal Diseases. Section 25a, act July 9, 1918, ch. 143, ch. XV, Sec. 4a, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for appropriations to assist political subdivisions in venereal disease work. See sections 241 and 246 of this title. Section 25b, act July 9, 1918, ch. 143, ch. XV, Sec. 4b, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for allotments to political subdivisions for venereal disease work. See section 246 of this title. Section 25c, act July 9, 1918, ch. 143, ch. XV, Sec. 4c, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for payments from allotments to political subdivisions. See section 246 of this title. Section 25d, act July 9, 1918, ch. 143, ch. XV, Sec. 4d, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for rules and regulations governing the Division of Venereal Diseases, is covered by section 216 of this title. Section 25e, act July 9, 1918, ch. 143, ch. XV, Sec. 4e, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for construction of sections 25a to 25e of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611 of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 26 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Sec. 26. Isolation of civilians for protection of military, air and naval forces -STATUTE- The Secretary of the Army, the Secretary of the Air Force and the Secretary of the Navy are authorized and directed to adopt measures for the purpose of assisting the various States in caring for civilian persons whose detention, isolation, quarantine, or commitment to institutions may be found necessary for the protection of the military, air and naval forces of the United States against venereal diseases. -SOURCE- (July 9, 1918, ch. 143, ch. XV, Sec. 2, 40 Stat. 886.) -COD- CODIFICATION The Secretary of the Air Force was inserted in text under the authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501, and Secretary of Defense Transfer Order No. 40 [App. A(73)], July 22, 1949. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947. Sections 205(a) and 207 (a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3010 to 3013 and 8010 to 8013 continued the Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to the Air Force, and to the extent that they were not previously transferred to the Secretary of the Air Force from the Secretary of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(73)], July 22, 1949. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 27 of this title. -End- -CITE- 42 USC Sec. 27 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Sec. 27. Definitions -STATUTE- The terms "State" and "States," as used in this chapter, shall be held to include the District of Columbia. -SOURCE- (July 9, 1918, ch. 143, ch. XV, Sec. 8, 40 Stat. 887.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, means chapter XV of act July 9, 1918, ch. 143, 40 Stat. 887, which, insofar as classified to the Code, enacted sections 24 to 27 of this title and amended section 28 of this title. For complete classification of this Act to the Code, see Tables. -End- -CITE- 42 USC Secs. 28 to 43 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Secs. 28 to 43. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 28, acts July 1, 1902, ch. 1370, Sec. 3, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309; July 9, 1918, ch. 143, ch. XV, Sec. 3, 40 Stat. 886, provided divisions under Assistant Surgeons General and the rank, pay, and allowances of said Assistants. See sections 206, 207, and 210 of this title. Section 28a, act Apr. 9, 1930, ch. 125, Sec. 10(c), 46 Stat. 152, provided for a chief of the narcotics division. See section 206 of this title. Section 29, acts July 1, 1902, ch. 1370, Sec. 7, 32 Stat. 713; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for conferences with State and Territorial boards of health. See section 242n of this title. Section 30, acts July 1, 1902, ch. 1370, Sec. 8, 32 Stat. 714; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for compilation of mortality, morbidity, and vital statistics. See section 242k(g) of this title. Section 31, act June 5, 1920, ch. 235, Sec. 1, 41 Stat. 883, provided that officers of Service could make allotments of their pay. See section 704 of Title 37, Pay and Allowances of the Uniformed Services. Section 32, act Mar. 6, 1920, ch. 94, Sec. 1, 41 Stat. 507, provided for purchase of quartermaster supplies by officers of Service. See section 210 of this title. Section 33, act Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1378, provided for limitations on expenditure of appropriations. See section 227 of this title. Section 33a, act May 14, 1935, ch. 110, 49 Stat. 229, provided for covering into Treasury moneys collected for treatment of foreign seamen and other pay patients. See section 221 of this title. Section 34, acts July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 2, 37 Stat. 309; Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, provided for titles for officers of the Service. See section 207 of this title. Section 35, act Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, provided titles for officers other than medical officers of Service. See section 207 of this title. Section 36, act Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, provided titles for officers in grade of Assistant Surgeons General. See section 206 of this title. Section 37, acts Apr. 9, 1930, ch. 125, Sec. 9, 46 Stat. 151; Nov. 11, 1943, ch. 298, Sec. 7, 57 Stat. 588, provided for promotions, pay and allowances, and severance from Service of commissioned officers. See sections 209 et seq. of this title. Section 38, act Apr. 9, 1930, ch. 125, Sec. 4, 46 Stat. 150, provided for appointment and grades of medical, dental, sanitary engineer, and pharmacist officers. See section 209 of this title. Section 39, Apr. 9, 1930, ch. 125, Sec. 5, 46 Stat. 150, provided for number, pay and allowances, and service credits for pay purposes of medical, dental, sanitary engineer, and pharmacist officers. See sections 209 et seq. of this title. Section 40, act Apr. 9, 1930, ch. 125, Sec. 11, 46 Stat. 152, provided for appointment and qualifications of employees other than commissioned officers. See section 209 of this title. Section 41, act Apr. 9, 1930, ch. 125, Sec. 7, 46 Stat. 151, provided for appointment of persons other than commissioned officers for scientific research. See section 209 of this title. Section 42, act Apr. 9, 1930, ch. 125, Sec. 12, 46 Stat. 152, provided for medical and hospital services to officers disabled by sickness or injury. See sections 213 and 248 of this title. Section 43, act Mar. 3, 1919, ch. 98, Sec. 3, 40 Stat. 1303, related to transfer of property and equipment to Service. Act Mar. 4, 1921, ch. 156, 41 Stat. 1365, formerly cited to section 43, was repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Secs. 44, 45 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Secs. 44, 45. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(45), 65 Stat. 703 -MISC1- Section 44, act Mar. 15, 1920, ch. 100, Sec. 1, 41 Stat. 530; 1939 Reorg. Plan No. I, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, related to transfer of surplus motor-propelled vehicles in War Department (now Department of the Army) to Federal Security Agency for use of Public Health Service. Section 45, act Mar. 15, 1920, ch. 100, Sec. 4, 41 Stat. 531; 1939 Reorg. Plan No. I, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, related to freight charges for transfer of motor-propelled vehicles in War Department (now Department of the Army) to Federal Security Agency for use of Public Health Service. -End- -CITE- 42 USC Sec. 46 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER I - GENERALLY -HEAD- Sec. 46. Omitted -COD- CODIFICATION Section, which related to relocation of physicians and dentists, was from the First Supplemental National Defense Appropriation Act, 1944, act Dec. 23, 1943, ch. 380, title I, Sec. 101, 57 Stat. 617, and was not repeated in subsequent appropriation acts. -End- -CITE- 42 USC SUBCHAPTER II - PAY 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- SUBCHAPTER II - PAY -End- -CITE- 42 USC Sec. 61 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Sec. 61. Omitted -COD- CODIFICATION Section, acts Jan. 22, 1925, ch. 87, title I, 43 Stat. 774; Mar. 2, 1926, ch. 43, title I, Sec. 1, 44 Stat. 147, related to travel expenses for travel on Government owned vessels and was superseded by section 404 et seq. of Title 37, Pay and Allowances of the Uniformed Services. -End- -CITE- 42 USC Sec. 62 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Sec. 62. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section, act May 18, 1920, ch. 190, Sec. 11 (proviso), 41 Stat. 604, related to longevity pay and credit for service in other branches. See section 517 of Title 10, Armed Forces, and sections 201, and 203 to 205 of Title 37, Pay and Allowances of the Uniformed Services. -End- -CITE- 42 USC Sec. 63 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Sec. 63. Omitted -COD- CODIFICATION Section, acts May 28, 1924, ch. 203, 43 Stat. 194; Feb. 11, 1925, ch. 209, 43 Stat. 872; May 21, 1926, ch. 355, 44 Stat. 604, which related to time spent at the Military and Naval Academies, expired with the appropriation acts of which it was a part. -End- -CITE- 42 USC Sec. 64 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Sec. 64. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section, act May 18, 1920, ch. 190, Sec. 12, 41 Stat. 604, related to transportation of dependents. See sections 404 to 407 and 409 to 411 of Title 37, Pay and Allowances of the Uniformed Services. -End- -CITE- 42 USC Secs. 64a to 64c 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Secs. 64a to 64c. Omitted -COD- CODIFICATION Section 64a, act Feb. 21, 1929, ch. 288, 45 Stat. 1254, defined child and children as used in section 64 of this title, and was superseded by section 401 of Title 37, Pay and Allowances of the Uniformed Services. Section 64b, act June 24, 1935, ch. 291, Sec. 3, 49 Stat. 421, defined permanent change in station as used in section 64 of this title and was superseded by section 411 of Title 37. Provisions of section 64c, which related to use of government automobiles to transport school children at isolated stations, were enacted as permanent legislation by the 1948 amendment to section 227 of this title. Section 64c was based upon the following prior appropriation acts: June 14, 1948, ch. 465, title II, 62 Stat. 400. July 8, 1947, ch. 210, title II, 61 Stat. 267. July 26, 1946, ch. 672, title II, 60 Stat. 690. July 3, 1945, ch. 263, title II, 59 Stat. 368. June 28, 1944, ch. 302, title II, 58 Stat. 559. July 12, 1943, ch. 221, title II, 57 Stat. 507. July 2, 1942, ch. 475, title II, 56 Stat. 582. July 1, 1941, ch. 269, title II, 55 Stat. 483. June 26, 1940, ch. 428, title II, 54 Stat. 587. -End- -CITE- 42 USC Sec. 65 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Sec. 65. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section, acts Mar. 2, 1923, ch. 178, title I, 42 Stat. 1385; Aug. 4, 1949, ch. 393, Sec. 11, 63 Stat. 559, prohibited issuance of heat or light in kind to any person in Public Health Service while such person is receiving an allowance for rental of quarters. -End- -CITE- 42 USC Secs. 66 to 69 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Secs. 66 to 69. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 66, act Apr. 9, 1930, ch. 125, Sec. 8, 46 Stat. 151, provided for disability pay for commissioned officers. See section 212 of this title. Section 67, act May 14, 1937, ch. 180, title I, 50 Stat. 148, provided for compensation of field employees rendering part-time and call services. See section 210 of this title. Section 68, acts June 26, 1940, ch. 428, title II, 54 Stat. 584; July 1, 1941, ch. 269, title II, 55 Stat. 480, provided transportation funds for shipment of deceased officers. See section 224 of this title. Section 69, acts May 27, 1908, ch. 200, 35 Stat. 373; May 13, 1938, ch. 213, 52 Stat. 352; Oct. 28, 1943, ch. 289, 57 Stat. 583, provided for settlement of accounts of deceased officers and men. See section 2771 of Title 10, Armed Forces. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b). Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294. Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 70 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Sec. 70. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 655 -MISC1- Section, act June 30, 1949, ch. 286, title I, 63 Stat. 365, provided for a per diem allowance of officers detailed to the Coast Guard. Acts June 26, 1943, ch. 147, title I, 57 Stat. 210; Mar. 31, 1943, ch. 30, Sec. 1, 57 Stat. 55; June 22, 1944, ch. 269, title I, 58 Stat. 315; May 29, 1945, ch. 130, 59 Stat. 216; July 12, 1946, ch. 569, Sec. 1, 60 Stat. 530; July 1, 1947, ch. 186, title I, 61 Stat. 225; June 19, 1948, ch. 558, title I, 62 Stat. 562, which contained provisions similar to section 70 of this title, were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 651-654. -End- -CITE- 42 USC Sec. 70a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1 - THE PUBLIC HEALTH SERVICE SUBCHAPTER II - PAY -HEAD- Sec. 70a. Repealed. Dec. 28, 1945, ch. 597, Sec. 4, 59 Stat. 662 -MISC1- Section, act Oct. 27, 1943, ch. 287, Sec. 6, 57 Stat. 583, provided for reimbursement for property lost or destroyed in service while serving with the Navy. -End- -CITE- 42 USC CHAPTER 1A - THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1A - THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS -HEAD- CHAPTER 1A - THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS -End- -CITE- 42 USC Secs. 71 to 71l 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1A - THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS -HEAD- Secs. 71 to 71l. Transferred -COD- CODIFICATION Section 71, act Apr. 9, 1930, ch. 125, Sec. 1, 46 Stat. 150, which provided for a detail for duty with executive and independent departments carrying on public health activities, was transferred to section 17a of this title. Section 71a, act Apr. 9, 1930, ch. 125, Sec. 2(a), 46 Stat. 150, which provided for a detail for duty with educational and research institutions, was transferred to section 17b of this title. Section 71b, act Apr. 9, 1930, ch. 125, Sec. 2(a), 46 Stat. 150, which provided for extension of facilities of Service to health officials and scientist, was transferred to section 8a of this title. Section 71c, acts Apr. 9, 1930, ch. 125, Sec. 2(b), 46 Stat. 150; May 26, 1930, ch. 320, Sec. 1, 46 Stat. 379, which provided for additional divisions in Institute as authorized by Federal Security Administrator, was transferred to section 23g of this title. Section 71d, act Apr. 9, 1930, ch. 125, Sec. 3, 46 Stat. 150, which provided that administrative office and bureau divisions in District of Columbia be a part of departmental organization and scientific offices and research laboratories be a part of the field service, was transferred to section 9a of this title. Section 71e, act Apr. 9, 1930, ch. 125, Sec. 4, 46 Stat. 150, which provided for appointment and grades of medical, dental, sanitary, engineer, and pharmacist officers, was transferred to section 38 of this title. Section 71f, act Apr. 9, 1930, ch. 125, Sec. 5, 46 Stat. 150, which provided for number, pay and allowances, and service credits for pay purposes of medical, dental, sanitary, engineer, and pharmacist officers, was transferred to section 39 of this title. Section 71g, act Apr. 9, 1930, ch. 125, Sec. 6, 46 Stat. 151, which provided for assignment of Reserve officers to active duty and for such service counting for promotion credits, was transferred to section 18a of this title. Section 71h, act Apr. 9, 1930, ch. 125, Sec. 7, 46 Stat. 151, which provided for appointment of persons other than commissioned officers for scientific research, was transferred to section 41 of this title. Section 71i, act Apr. 9, 1930, ch. 125, Sec. 8, 46 Stat. 151, which provided for disability pay for commissioned officers, was transferred to section 66 of this title. Section 71j, act Apr. 9, 1930, ch. 125, Sec. 9, 46 Stat. 151, which provided for promotions and pay and allowances of commissioned officers, was transferred to section 37 of this title. Section 71k, act Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, which provided titles for officers other than medical officers of Service, was transferred to section 35 of this title. Section 71l, act Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, which provided titles for officers in grade of Assistant Surgeon General, was transferred to section 36 of this title. -End- -CITE- 42 USC Sec. 71m 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1A - THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS -HEAD- Sec. 71m. Omitted -COD- CODIFICATION Section, act Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, which provided for repeal of limitation upon number of senior surgeons and Assistant Surgeons General at large of Public Health Service on active duty, was executed to section 34 of this title. -End- -CITE- 42 USC Secs. 71n to 71q 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1A - THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS -HEAD- Secs. 71n to 71q. Transferred -COD- CODIFICATION Section 71n, act Apr. 9, 1930, ch. 125, Sec. 10(b), 46 Stat. 152, which provided for pay and allowances of Surgeon General and for reversion in grade on expiration of term, was transferred to section 11a of this title. Section 71o, act Apr. 9, 1930, ch. 125, Sec. 10(c), 46 Stat. 152, which provided for a Chief of the Narcotics Division, was transferred to section 28a of this title. Section 71p, act Aug. 9, 1930, ch. 125, Sec. 11, 46 Stat. 152, which provided for appointment and qualifications of employees other than commissioned officers, was transferred to section 40 of this title. Section 71q, act Apr. 9, 1930, ch. 125, Sec. 12, 46 Stat. 152, which provided for medical and hospital services to officers disabled by sickness or injury, was transferred to section 42 of this title. -End- -CITE- 42 USC Sec. 71r 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 1A - THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS -HEAD- Sec. 71r. Omitted -COD- CODIFICATION Section, acts Apr. 9, 1930, ch. 125, Sec. 13, 46 Stat. 152; May 26, 1930, ch. 320, Sec. 1, 46 Stat. 379, which changed the name of the Advisory board for National Institute of Health to the National Advisory Health Council and provided for appointment of additional members and the terms of service, compensation, and allowances for such additional members and an additional function for the Council, was executed to section 21 of this title. -End- -CITE- 42 USC CHAPTER 2 - SANITATION AND QUARANTINE 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- CHAPTER 2 - SANITATION AND QUARANTINE -MISC1- Sec. 81 to 87. Repealed. 88. Discharge of cargo of vessel in quarantine. 89. Quarantine warehouses; erection. 90. Deposit of goods in warehouses. 91. Extending time for entry of vessels subject to quarantine. 92 to 96. Repealed. 97. State health laws observed by United States officers. 98. Vessels for quarantine officers. 99 to 111. Repealed. 112. Removal of revenue officers from port during epidemic. 113, 114. Repealed. -End- -CITE- 42 USC Secs. 81 to 87 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Secs. 81 to 87. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 81, act Feb. 15, 1893, ch. 114, Sec. 1, 27 Stat. 449, provided penalties for entry of vessels in violation of quarantine laws. See section 271 of this title. Section 82, acts Feb. 15, 1893, ch. 114, Sec. 2, 27 Stat. 450; Aug. 18, 1894, ch. 300, 28 Stat. 372; Feb. 27, 1921, ch. 80, 41 Stat. 1149; Feb. 7, 1925, ch. 146, 43 Stat. 809; July 10, 1940, ch. 566, 54 Stat. 747, provided for bills of health. See section 269 of this title. Section 82a, act Feb. 15, 1893, ch. 114, Sec. 13, as added Mar. 3, 1931, ch. 409, Sec. 1, 46 Stat. 1491, provided for duplicate bills of health. See section 269 of this title. Section 83, act Feb. 15, 1893, ch. 114, Sec. 11, as added Mar. 3, 1901, ch. 836, 31 Stat. 1087, provided that vessels from foreign ports without bill of health not entering the United States were subject to quarantine regulations. Section 84, act Feb. 15, 1893, ch. 114, Sec. 6, 27 Stat. 452, provided for disposition of infected vessels. Section 85, act June 19, 1906, ch. 3433, Sec. 4, 34 Stat. 300, provided penalties for infractions of quarantine. See section 271 of this title. Section 86, act Apr. 29, 1878, ch. 66, Sec. 1, 20 Stat. 37, prohibited entry of vessels and vehicles contrary to State quarantine laws. See sections 264 to 272 of this title. Compliance with State laws, see section 97 of this title. Section 87, act Apr. 17, 1917, ch. 3, 40 Stat. 6, provided for payment of cost of fumigation and disinfection of foreign vessels. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611 of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 88 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 88. Discharge of cargo of vessel in quarantine -STATUTE- Whenever, by the health laws of any State, or by the regulations made pursuant thereto, any vessel arriving within a collection district of such State is prohibited from coming to the port of entry by law established for such district, and such health laws require or permit the cargo of the vessel to be unladen at some other place within or near to such district, the collector, after due report to him of the whole of such cargo, may grant his warrant or permit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspectors, at some other place where such health laws permit, and upon the conditions and restrictions which shall be directed by the Secretary of Health and Human Services, or which such collector may, for the time, deem expedient for the security of the public revenue. -SOURCE- (R.S. Sec. 4793; 1939 Reorg. Plan No. I, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -COD- CODIFICATION Words "or delivery" after "port of entry" which were included in this section as originally enacted were omitted as ports of delivery were abolished pursuant to the President's Message to Congress on Mar. 3, 1913, set out in Codification note under section 1 of Title 19, Customs Duties. R.S. Sec. 4793 derived from act Feb. 23, 1799, ch. 12, Sec. 2, 1 Stat. 619. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 90, 91, 97 of this title. -End- -CITE- 42 USC Sec. 89 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 89. Quarantine warehouses; erection -STATUTE- There shall be purchased or erected, under the orders of the President, suitable warehouses, with wharves and inclosures, where merchandise may be unladen and deposited, from any vessel which shall be subject to a quarantine, or other restraint, pursuant to the health laws of any State, at such convenient places therein as the safety of the public revenue and the observance of such health laws may require. -SOURCE- (R.S. Sec. 4794.) -COD- CODIFICATION R.S. Sec. 4794 derived from act Feb. 23, 1799, ch. 12, Sec. 3, 1 Stat. 620. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 90, 97 of this title. -End- -CITE- 42 USC Sec. 90 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 90. Deposit of goods in warehouses -STATUTE- Whenever the cargo of a vessel is unladen at some other place than the port of entry under sections 88 and 89 of this title, all the articles of such cargo shall be deposited, at the risk of the parties concerned therein, in such public or other warehouses or inclosures as the collector shall designate, there to remain under the joint custody of such collector and of the owner, or master, or other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited may be safely removed without contravening such health laws. And when such removal is allowed, the collector having charge of such articles may grant permits to the respective owners or consignees, their factors or agents, to receive all merchandise which has been entered, and the duties accruing upon which have been paid, upon the payment by them of a reasonable rate of storage; which shall be fixed by the Secretary of Health and Human Services for all public warehouses and inclosures. -SOURCE- (R.S. Sec. 4795; 1939 Reorg. Plan No. I, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -COD- CODIFICATION R.S. Sec. 4795 derived from act Feb. 23, 1799, ch. 12, Sec. 2, 1 Stat. 619. Omission of words "or delivery" after "port of entry", see Codification note set out under section 88 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 91, 97 of this title. -End- -CITE- 42 USC Sec. 91 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 91. Extending time for entry of vessels subject to quarantine -STATUTE- The Secretary of Health and Human Services is authorized, whenever a conformity to such quarantines and health laws requires it, and in respect to vessels subject thereto, to prolong the terms limited for the entry of the same, and the report or entry of their cargoes, and to vary or dispense with any other regulations applicable to such reports or entries. No part of the cargo of any vessel shall, however, in any case, be taken out or unladen therefrom, otherwise than is allowed by law, or according to the regulations established by sections 88 and 90 of this title. -SOURCE- (R.S. Sec. 4796; 1939 Reorg. Plan No. I, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -COD- CODIFICATION R.S. Sec. 4796 derived from act Feb. 23, 1799, ch. 12, Sec. 1, 1 Stat. 619. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education and Welfare by section 5 of 1953 Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 42 USC Secs. 92 to 96 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Secs. 92 to 96. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 92, acts Feb. 15, 1893, ch. 114, Sec. 3, 27 Stat. 450; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for enforcement of quarantine regulations. See sections 264 to 267 of this title. Section 92a, acts Apr. 29, 1878, ch. 66, Sec. 5, 20 Stat. 38; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, Sec. 1, 37 Stat. 309, provided for a national quarantine system. See sections 264 to 267 of this title. Section 93, acts Feb. 15, 1893, ch. 114, Sec. 4, 27 Stat. 451; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for duties of Surgeon General relating to quarantine. See sections 264 to 270 of this title. Section 94, act Feb. 15, 1893, ch. 114, Sec. 5, 27 Stat. 451, provided for regulations to secure sanitary conditions of vessels. See section 269 of this title. Section 94a, act Feb. 15, 1893, ch. 114, Sec. 14, as added Mar. 3, 1931, ch. 409, Sec. 1, 46 Stat. 1492, provided for hours of inspection at quarantine stations. See section 267 of this title. Section 94b, act Feb. 15, 1893, ch. 114, Sec. 16, as added Mar. 3, 1931, ch. 409, Sec. 1, 46 Stat. 1492, provided for schedule of charges and payment of them. See section 269 of this title. Section 94c, act Feb. 15, 1893, ch. 114, Sec. 15, as added Mar. 3, 1931, ch. 409, Sec. 1, 46 Stat. 1492, provided for procurement of health certificates. See section 269 of this title. Section 94d, act Feb. 15, 1893, ch. 114, Sec. 17, as added Mar. 3, 1931, ch. 409, Sec. 1, 46 Stat. 1492, provided medical and hospital benefits to officers and employees of national quarantine service. See section 253 of this title. Section 94e, act Mar. 3, 1931, ch. 409, Sec. 3, 46 Stat. 1492, provided for extended quarantine service. See section 267 of this title. Section 95, acts Mar. 27, 1890, ch. 51, Sec. 1, 26 Stat. 31; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, related to regulations to prevent spread of communicable diseases. See section 264 of this title. Section 96, act June 19, 1906, ch. 3433, Sec. 6, 34 Stat. 301, provided that jurisdiction over established station acquired by the United States be ceded before payment of compensation. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 97 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 97. State health laws observed by United States officers -STATUTE- The quarantines and other restraints established by the health laws of any State, respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several Coast Guard vessels, and by the military officers commanding in any fort or station upon the seacoast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of Health and Human Services. But nothing in title 58 of the Revised Statutes shall enable any State to collect a duty of tonnage or impost without the consent of Congress. -SOURCE- (R.S. Sec. 4792; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; 1939 Reorg. Plan No. I, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; Aug. 4, 1949, ch. 393, Secs. 1, 20, 63 Stat. 496, 561; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -REFTEXT- REFERENCES IN TEXT Title 58 of the Revised Statutes, referred to in text, was in the original "this Title" meaning title 58 of the Revised Statutes, consisting of R.S. Secs. 4792 to 4800, which were classified to sections 88 to 91, 97, and 112 to 114 of this title and section 8 of former Title 4, Flag and Seal, Seat of Government, and the States. Such section 8 of former Title 4 was repealed by act July 30, 1947, ch. 389, Sec. 2, 61 Stat. 645, and reenacted by the first section thereof as section 73 of Title 4. For complete classification of R.S. Secs. 4792 to 4800 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 4792 derived from act Feb. 23, 1799, ch. 12, Sec. 1, 1 Stat. 619. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. "Coast Guard vessels" substituted in text for "revenue-cutters", Revenue Cutter Service and Life-Saving Service having been combined to form Coast Guard by section 1 of act Jan. 28, 1915. That act was repealed by section 20 of act Aug. 4, 1949, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard. -End- -CITE- 42 USC Sec. 98 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 98. Vessels for quarantine officers -STATUTE- The Secretary of the Navy is authorized, in his discretion, at the request of the Secretary of Health and Human Services, to place gratuitously, at the disposal of the proper quarantine authorities, at any of the ports of the United States, to be used temporarily for quarantine purposes, such vessels or hulks belonging to the United States as are not required for other uses of the national government, subject to such restrictions and regulations as the Secretary of the Navy may deem necessary to impose for the preservation thereof. -SOURCE- (June 14, 1879, No. 6, 21 Stat. 50; Feb. 15, 1893, ch. 114, 27 Stat. 449; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309; 1939 Reorg. Plan No. I, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -MISC1- REPEALS Act Feb. 15, 1893, ch. 114, 27 Stat. 449, cited as a credit to this section and which abolished the National Board of Health and placed all duties relating to quarantines and quarantine regulations with the Marine Hospital Service, was repealed by act July 1, 1944, ch. 373, title XIII, Sec. 1313, formerly Sec. 611, 58 Stat. 714, renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. Public Health Service and its functions and personnel transferred from Department of the Treasury to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. Marine Hospital Service was redesignated Public Health and Marine Hospital Service by act July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712, which in turn was redesignated Public Health Service by act Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309. National Board of Health was abolished and all duties relating to quarantines and quarantine regulations were placed in Marine Hospital Service by act Feb. 15, 1893, ch. 114, 27 Stat. 449. -End- -CITE- 42 USC Secs. 99 to 108 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Secs. 99 to 108. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 99, act Feb. 15, 1893, ch. 114, Sec. 12, as added Mar. 3, 1901, ch. 836, 31 Stat. 1087, authorized medical officers performing duties as quarantine officers to administer oaths. See section 272 of this title. Section 100, act Feb. 15, 1893, ch. 114, Sec. 8, 27 Stat. 452, provided compensation for use of State buildings for quarantine purposes. Section 101, act June 19, 1906, ch. 3433, Sec. 5, 34 Stat. 301, provided for acquisition of quarantine stations. See section 267 of this title. Section 102, act Feb. 15, 1893, ch. 114, Sec. 10, as added Mar. 3, 1901, ch. 836, 31 Stat. 1086; amended July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712, provided for establishment of quarantine grounds. See sections 267 and 271 of this title. Section 103, act June 19, 1906, ch. 3433, Sec. 1, 34 Stat. 299, provided for control and management of quarantine grounds. See section 267 of this title. Section 104, acts June 19, 1906, ch. 3433, Sec. 2, 34 Stat. 299; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for transferal of title of land and water from other departments to Service for its use. Section 105, act June 19, 1906, ch. 3433, Sec. 3, 34 Stat. 300, provided for notice of selection of places for quarantine stations and anchorages. Section 106, acts Aug. 1, 1888, ch. 727, 25 Stat. 355; July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided penalties for trespass on quarantine stations. See section 271 of this title. Section 107, act Mar. 27, 1890, ch. 51, Sec. 2, 26 Stat. 31, provided penalties for the violation of quarantine laws by officers of Service. See section 271 of this title. Section 108, act Mar. 27, 1890, ch. 51, Sec. 3, 26 Stat. 32, provided penalties for the violation of quarantine laws by common carriers. See section 271 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 109 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 109. Repealed. May 29, 1928, ch. 901, Sec. 1(24), 45 Stat. 986, 988 -MISC1- Section, acts June 12, 1917, ch. 27, 40 Stat. 121; June 5, 1920, ch. 235, 41 Stat. 885; Feb. 17, 1922, ch. 55, 42 Stat. 380; Jan. 3, 1923, ch. 22, 42 Stat. 1102; Apr. 4, 1924, ch. 84, title I, 43 Stat. 76; Jan. 20, 1925, ch. 85, 43 Stat. 757; Jan. 22, 1925, ch. 87, title I, 43 Stat. 775, required a detailed report to be made to Congress of expenditures to prevent epidemics. -End- -CITE- 42 USC Secs. 110, 111 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Secs. 110, 111. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 110, acts June 5, 1920, ch. 235, 41 Stat. 875; June 16, 1921, ch. 23, 42 Stat. 38, provided for a schedule of charges for vessels at New York quarantine station. See section 269 of this title. Section 111, act Feb. 15, 1893, ch. 114, Sec. 7, 27 Stat. 452, provided for suspension of immigration. See section 265 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611 of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1958, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Sec. 112 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 112. Removal of revenue officers from port during epidemic -STATUTE- Whenever, by the prevalence of any contagious or epidemic disease in or near the place by law established as the port of entry for any collection district, it becomes dangerous or inconvenient for the officers of the revenue employed therein to continue the discharge of their respective offices at such port, the Secretary of the Treasury, or, in his absence, the Undersecretary of the Treasury, may direct the removal of the officers of the revenue from such port to any other more convenient place, within, or as near as may be to, such collection district. And at such place such officers may exercise the same powers, and shall be liable to the same duties, according to existing circumstances, as in the port or district established by law. Public notice of any such removal shall be given as soon as may be. -SOURCE- (R.S. Sec. 4797; July 31, 1894, ch. 174, Sec. 4, 28 Stat. 205; June 10, 1921, ch. 18, Sec. 301, 42 Stat. 23; Feb. 17, 1922, ch. 55, 42 Stat. 366.) -COD- CODIFICATION R.S. 4797 derived from act Feb. 23, 1799, ch. 12, Sec. 4, 1 Stat. 620. Acts July 31, 1894, and June 10, 1921, abolished offices of First Comptroller and Comptroller of the Treasury. "Undersecretary of the Treasury" was substituted in text for "the First Comptroller" on authority of act Feb. 17, 1922. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 97 of this title. -End- -CITE- 42 USC Sec. 113 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 113. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section, R.S. Sec. 4799, act Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, related to adjournment of courts during an epidemic. -End- -CITE- 42 USC Sec. 114 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 2 - SANITATION AND QUARANTINE -HEAD- Sec. 114. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948 -MISC1- Section, R.S. Sec. 4800, related to removal of prisoners during an epidemic. -End- -CITE- 42 USC CHAPTER 3 - LEPROSY 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 3 - LEPROSY -HEAD- CHAPTER 3 - LEPROSY -End- -CITE- 42 USC Secs. 121 to 125 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 3 - LEPROSY -HEAD- Secs. 121 to 125. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 121, acts Mar. 3, 1905, ch. 1443, Sec. 1, 33 Stat. 1009; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for establishment in perpetuity of a hospital station and laboratory at Molokai, Hawaii. Section 122, act Mar. 3, 1905, ch. 1443, Sec. 3, 33 Stat. 1009, provided for admission and treatment of leper patients. See section 255 of this title. Section 123, acts Mar. 3, 1905, ch. 1443, Sec. 4, 33 Stat. 1009; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for detail of officers and employees for leprosy work. See section 215 of this title. Section 124, acts Mar. 3, 1905, ch. 1443, Sec. 6, 33 Stat. 1010; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided regulations for administration of hospital station and laboratory. Section 125, acts Mar. 3, 1905, ch. 1443, Sec. 7, 33 Stat. 1010; Mar. 4, 1911, ch. 285, Sec. 1, 36 Stat. 1394; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for additional pay and allowances to officers detailed on leprosy duty. See section 210 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-134, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC Secs. 131 to 135 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 3 - LEPROSY -HEAD- Secs. 131 to 135. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 131, act Feb. 3, 1917, ch. 26, Sec. 1, 39 Stat. 872, provided for establishment of a leprosy home in the United States. Section 132, act Feb. 3, 1917, ch. 26, Sec. 4, 39 Stat. 873, provided for erection of buildings for the home. Section 133, act Feb. 3, 1917, ch. 26, Sec. 2, 39 Stat. 873, provided for receipt of lepers into the home. See section 255 of this title. Section 134, act Feb. 3, 1917, ch. 26, Sec. 3, 39 Stat. 873, provided for regulations governing the home. See section 255 of this title. Section 135, act Feb. 3, 1917, ch. 26, Sec. 5, 39 Stat. 873, provided for additional pay of officers detailed to duty at said home. See section 210 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-204, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC CHAPTER 3A - CANCER 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 3A - CANCER -HEAD- CHAPTER 3A - CANCER -End- -CITE- 42 USC Secs. 137 to 137g 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 3A - CANCER -HEAD- Secs. 137 to 137g. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 137, act Aug. 5, 1937, ch. 565, Sec. 1, 50 Stat. 559, provided for establishment of National Cancer Institute. See section 281 of this title. Section 137a, act Aug. 5, 1937, ch. 565, Sec. 2, 50 Stat. 559, provided for powers and duties of Surgeon General. See section 282 of this title. Section 137b, act Aug. 5, 1937, ch. 565, Sec. 3, 50 Stat. 560, provided for establishment of National Advisory Cancer Council. See section 218 of this title. Section 137c, act Aug. 5, 1937, ch. 565, Sec. 4, 50 Stat. 560, provided for powers and functions of Council. See section 284 of this title. Section 137d, act Aug. 5, 1937, ch. 565, Sec. 5, 50 Stat. 561, provided for administration of powers by Surgeon General. See section 283 of this title. Section 137e, act Aug. 5, 1937, ch. 565, Sec. 6, 50 Stat. 561, provided for acceptance of gifts. See section 283 of this title. Section 137f, act Aug. 5, 1937, ch. 565, Sec. 7, 50 Stat. 561, provided for appropriations. See section 285 of this title. Section 137g, act Aug. 5, 1937, ch. 565, Sec. 8, 50 Stat. 562, related to appointment of officers, functions under other provisions, regulations, reports, effective date, and citation. See sections 209, 216, 229, and 286 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC CHAPTER 4 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, ETC. 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 4 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, ETC. -HEAD- CHAPTER 4 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, ETC. -End- -CITE- 42 USC Secs. 141 to 148 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 4 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, ETC. -HEAD- Secs. 141 to 148. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 141, act July 1, 1902, ch. 1378, Sec. 1, 32 Stat. 728, provided for regulation of sale of and interstate traffic of viruses, serums, toxins, antitoxins, etc. See section 262 of this title. Section 142, act July 1, 1902, ch. 1378, Sec. 2, 32 Stat. 729, related to falsely labeling or marking container or package. See section 262 of this title. Section 143, act July 1, 1902, ch. 1378, Sec. 3, 32 Stat. 729, provided for inspection of manufacturing establishments. See section 262 of this title. Section 144, act July 1, 1902, ch. 1378, Sec. 4, 32 Stat. 729, provided for inspection of foreign manufacturing establishments. See section 262 of this title. Section 145, acts July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; July 1, 1902, ch. 1378, Sec. 4, 32 Stat. 729; Aug. 14, 1912, ch. 288, 37 Stat. 309, provided for issuing of licenses to manufacturing establishments. See section 262 of this title. Section 146, act July 1, 1902, ch. 1378, Sec. 5, 32 Stat. 729, provided for enforcement of regulations. See section 262 of this title. Section 147, act July 1, 1902, ch. 1378, Sec. 6, 32 Stat. 729, provided against interfering with officers. See section 262 of this title. Section 148, act July 1, 1902, ch. 1378, Sec. 7, 32 Stat. 729, related to penalties for offenses. See section 262 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -End- -CITE- 42 USC CHAPTER 5 - MATERNITY AND INFANCY WELFARE AND HYGIENE 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 5 - MATERNITY AND INFANCY WELFARE AND HYGIENE -HEAD- CHAPTER 5 - MATERNITY AND INFANCY WELFARE AND HYGIENE -End- -CITE- 42 USC Secs. 161 to 175 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 5 - MATERNITY AND INFANCY WELFARE AND HYGIENE -HEAD- Secs. 161 to 175. Repealed. Jan. 22, 1927, ch. 53, Sec. 2, 44 Stat. 1024, eff. June 30, 1929 -MISC1- Section 161, act Nov. 23, 1921, ch. 135, Sec. 3, 42 Stat. 224, related to creation of Board of Maternity and Infant Hygiene and administration of this chapter by Children's Bureau. Section 162, act Nov. 23, 1921, ch. 135, Sec. 1, 42 Stat. 224, related to authorization of appropriations. Section 163, acts Nov. 23, 1921, ch. 135, Sec. 2, 42 Stat. 224; Jan. 22, 1927, ch. 53, Sec. 1, 44 Stat. 1024, related to amount and apportionment of appropriations. Section 164, act Nov. 23, 1921, ch. 135, Sec. 4, 42 Stat. 225, related to acceptance of provisions of this chapter by the States. Section 165, act Nov. 23, 1921, ch. 135, Sec. 5, 42 Stat. 225, related to deduction of administrative expenses from appropriation. Section 166, act Nov. 23, 1921, ch. 135, Sec. 6, 42 Stat. 225, related to clerical assistants for Children's Bureau. Section 167, act Nov. 23, 1921, ch. 135, Sec. 7, 42 Stat. 225, related to apportionment of appropriation to States. Section 168, act Nov. 23, 1921, ch. 135, Sec. 8, 42 Stat. 225, related to submission and approval of plans by States. Section 169, act Nov. 23, 1921, ch. 135, Sec. 9, 42 Stat. 225, related to power of representatives of Children's Bureau to enter homes and to take charge of children. Section 170, act Nov. 23, 1921, ch. 135, Sec. 10, 42 Stat. 225, related to certification of amounts apportioned to States. Section 171, act Nov. 23, 1921, ch. 135, Sec. 11, 42 Stat. 226, related to reports by States. Section 172, act Nov. 23, 1921, ch. 135, Sec. 12, 42 Stat. 226, related to limitation on expenditure of amounts apportioned to States. Section 173, act Nov. 23, 1921, ch. 135, Sec. 13, 42 Stat. 226, related to requirement that Children's Bureau perform duties assigned to it by this chapter. Section 174, act Nov. 23, 1921, ch. 135, Sec. 14, 42 Stat. 226, related to construction of this chapter. Section 175, act Mar. 10, 1924, ch. 46, Sec. 3, 43 Stat. 17, related to extension of this chapter to Hawaii. -End- -CITE- 42 USC CHAPTER 6 - THE CHILDREN'S BUREAU 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6 - THE CHILDREN'S BUREAU -HEAD- CHAPTER 6 - THE CHILDREN'S BUREAU -MISC1- Sec. 191. Bureau established. 192. Chief of bureau; investigations and reports. 193. Assistant chief. 194. Quarters for bureau. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 22 section 2102. -End- -CITE- 42 USC Sec. 191 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6 - THE CHILDREN'S BUREAU -HEAD- Sec. 191. Bureau established -STATUTE- There shall be established in the Department of Health and Human Services a bureau to be known as the Children's Bureau. -SOURCE- (Apr. 9, 1912, ch. 73, Sec. 1, 37 Stat. 79; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -COD- CODIFICATION Section was formerly classified to section 18 of Title 29, Labor. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. "Federal Security Agency" substituted for "Department of Labor" pursuant to Reorg. Plan No. 2 of 1946, set out in the Appendix to Title 5, Government Organization and Employees, which transferred Children's Bureau, exclusive of its Industrial Division, from Department of Labor to Federal Security Agency. Functions of Bureau, its Chief, and of Secretary of Labor relating to such functions transferred to Federal Security Administrator. Functions authorized by section 192 of this title and such other functions of Federal Security Agency as Administrator might designate were to be administered through Children's Bureau under his direction and control. Functions of Children's Bureau under sections 201 to 216, 217 to 219 of Title 29, Labor, transferred to Secretary of Labor. For transfer of personnel, property, records and funds, see section 12 of Reorg. Plan No. 2 of 1946. Act Apr. 9, 1912, established Children's Bureau in Department of Commerce and Labor. Act Mar. 4, 1913, transferred Children's Bureau to Department of Labor, which was created by that act, and was authority for substitution of "Department of Labor" for "Department of Commerce and Labor". -End- -CITE- 42 USC Sec. 192 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6 - THE CHILDREN'S BUREAU -HEAD- Sec. 192. Chief of bureau; investigations and reports -STATUTE- The Children's Bureau shall be under the direction of a chief, to be appointed by the President, by and with the advice and consent of the Senate. The said bureau shall investigate and report to the Secretary of Health and Human Services, upon all matters pertaining to the welfare of children and child life among all classes of our people, and shall especially investigate the questions of infant mortality, the birth rate, orphanage, juvenile courts, desertion, dangerous occupations, accidents and diseases of children, employment, legislation affecting children in the several States and Territories. But no official, or agent, or representative of said bureau shall, over the objection of the head of the family, enter any house used exclusively as a family residence. The chief of said bureau may from time to time publish the results of these investigations in such manner and to such extent as may be prescribed by the Secretary. -SOURCE- (Apr. 9, 1912, ch. 73, Sec. 2, 37 Stat. 79; Mar. 4, 1913, ch. 141, Secs. 3, 6, 37 Stat. 737, 738; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -COD- CODIFICATION In the first sentence of this section, provisions which specified an annual compensation of $5,000 for the chief of the Childrens Bureau have been omitted superseded. Following enactment of the Classification Act of 1923, the compensation was fixed in accordance with that Act. See act Feb. 27, 1925, title IV, 43 Stat. 1050. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 now contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. Section was formerly classified to section 18a of Title 29, Labor. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. "Federal Security Administrator" substituted for "said department" and for "Secretary of Labor" pursuant to Reorg. Plan No. 2 of 1946. See note set out under section 191 of this title. "Secretary of Labor" substituted for "Secretary of Commerce and Labor" pursuant to act Mar. 4, 1913. See note set out under section 191 of this title. -End- -CITE- 42 USC Sec. 193 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6 - THE CHILDREN'S BUREAU -HEAD- Sec. 193. Assistant chief -STATUTE- There shall be in the Children's Bureau, until otherwise provided for by law, an assistant chief, to be appointed by the Secretary of Health and Human Services. -SOURCE- (Apr. 9, 1912, ch. 73, Sec. 3, 37 Stat. 80; Mar. 4, 1913, ch. 141, Secs. 3, 6, 37 Stat. 737, 738; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -COD- CODIFICATION Section 3 of act Apr. 9, 1912, also provided for compensation of assistant chief and for appointment and compensation of other employees of the bureau. Section was formerly classified to section 18b of Title 29, Labor. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. "Federal Security Administrator" substituted for "Secretary of Labor" pursuant to Reorg. Plan No. 2 of 1946. See note set out under section 191 of this title. "Secretary of Labor" substituted for "Secretary of Commerce and Labor" pursuant to act Mar. 4, 1913. See note set out under section 191 of this title. -End- -CITE- 42 USC Sec. 194 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6 - THE CHILDREN'S BUREAU -HEAD- Sec. 194. Quarters for bureau -STATUTE- The Secretary of Health and Human Services is directed to furnish sufficient quarters for the work of this bureau at an annual rental not to exceed $2,000. -SOURCE- (Apr. 9, 1912, ch. 73, Sec. 4, 37 Stat. 80; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -COD- CODIFICATION Section was formerly classified to section 18c of Title 29, Labor. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. "Federal Security Administrator" substituted for "Secretary of Labor" pursuant to Reorg. Plan No. 2 of 1946. See note set out under section 191 of this title. "Secretary of Labor" substituted for "Secretary of Commerce and Labor" pursuant to act Mar. 4, 1913. See note set out under section 191 of this title. -End- -HEAD- -CITE- 42 USC CHAPTER 6A - PUBLIC HEALTH SERVICE 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE -MISC1- CHAPTER 6A - PUBLIC HEALTH SERVICE -MISC1- SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Sec. 201. Definitions. PART A - ADMINISTRATION 202. Administration and supervision of Service. 203. Organization of Service. 204. Commissioned corps; composition; appointment of Regular and Reserve officers; appointment and status of warrant officers. 205. Appointment and tenure of office of Surgeon General; reversion in rank. 206. Assignment of officers. (a) Deputy Surgeon General. (b) Assistant Surgeons General. (c) Creation of temporary positions as Assistant Surgeons General. (d) Designation of Assistant Surgeon General with respect to absence, disability, or vacancy in offices of Surgeon General and Deputy Surgeon General. 207. Grades, ranks, and titles of commissioned corps. (a) Grades of commissioned officers. (b) Titles of medical officers. (c) Repealed. (d) Maximum number in grade for each fiscal year. (e) Exception to grade limitations for officers assigned to Department of Defense. (f) Exception to maximum number limitations for officers assigned to Department of Defense. 208. Repealed. 209. Appointment of personnel. (a) Original appointments to Regular and Reserve Corps; limitation on appointment and call to active duty. (b) Grade and number of original appointments. (c) Issuance of commissions. (d) Date of appointment; credit for service. (e) Reappointment; credit for service. (f) Special consultants. (g) Designation for fellowships; duties; pay. (h) Aliens. (i) Civil service appointments by Secretary. 209a to 209c. Omitted or Repealed. 209d. Appointment of osteopaths as commissioned officers. 210. Pay and allowances. (a) Commissioned officers of Regular and Reserve Corps; special pay for active duty; incentive special pay for Public Health Service nurses. (b) Purchase of supplies. (c) Members of national advisory or review councils or committees. (d) Field employees. (e) Additional pay for service at Gillis W. Long Hansen's Disease Center. (f) Allowances included in fellowships. (g) Positions in professional, scientific and executive service; compensation; appointment. 210-1. Annual and sick leave. (a) Regulations. (b), (c) Repealed. (d) Definitions. 210a. Repealed. 210b. Professional categories. (a) Division of corps; basis of categories. (b) Assignment of officers. (c) Maximum number of officers in each category. (d) Vacancies in grade for purposes of promotion. (e) Absence of vacancy in grade as affecting promotion. (f) Vacancy in grade as affecting maximum number for each category. 211. Promotion of commissioned officers. (a) Permanent or temporary promotions; examination. (b) Promotion to certain grades only to fill vacancies; regulations; "restricted grade" defined. (c) Examinations. (d) Permanent promotions to qualified officers on length of service. (e) Promotion of professional category officers to fill certain vacancies. (f) Reexamination upon failure of promotion; effective date of promotion. (g) Separation from service upon failure of promotion. (h) Separation from service upon refusal to stand examination. (i) Review of record; separation from service. (j) Determination of order of seniority. (k) Temporary promotions; fill vacancy in higher grade; war or national emergency; selection of officers; termination of appointment. (l) Determination of requirements of Service by Secretary; assignment of Reserve Officers to professional categories; temporary promotions; termination of temporary promotions. (m) Acceptance of promotion; oath and affidavit. 211a, 211b. Repealed. 211c. Promotion credit for medical officers in assistant grade. 212. Retirement of commissioned officers. (a) Age; voluntariness; length of service; computation of retired pay. (b) Basic pay of highest temporary grade. (c) Recall to active duty. (d) "Active service" defined. (e) Crediting of part of year. (f) Retirement or separation for physical disability. 212a, 212b. Repealed. 213. Military benefits. (a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors. (b) Award of decorations. (c) Authority of Surgeon General. (d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs. (e) Active service deemed active military service with respect to Soldiers' and Sailors' Civil Relief Act of 1940. (f) Active service deemed active military service with respect to anti-discrimination laws. 213a. Rights, benefits, privileges, and immunities for commissioned officers or beneficiaries; exercise of authority by Secretary or designee. 214. Presentation of United States flag upon retirement. (a) Presentation of flag. (b) Multiple presentations not authorized. (c) No cost to recipient. 214a. Repealed. 215. Detail of Service personnel. (a) Other Government departments. (b) State health or mental health authorities. (c) Congressional committees and nonprofit educational, research, or other institutions engaged in health activities for special studies and dissemination of information. (d) Availability of funds; reimbursement by State; detailed services deemed service for computation of pay, promotion, etc. 216. Regulations. (a) Prescription by President: appointments, retirement, etc. (b) Promulgation by Surgeon General; administration of Service. (c) Preference to school of medicine. 217. Use of Service in time of war or emergency. 217a. Advisory councils or committees. (a) Appointment; purpose. (b) Compensation and allowances of members not full-time employees of United States. (c) Delegation of functions. 217a-1. Advisory committees; prohibition of consideration of political affiliations. 217b. Volunteer services. 218. National Advisory Councils on Migrant Health. (a) Appointment; duties. (b) Membership. (c) Terms of office. (d) Applicability of section 14(a) of Federal Advisory Committee Act. 218a. Training of officers. (a) In general. (b) Voluntary separation within period subsequent to attendance. (c) Training in leave without pay status. 219 to 230. Transferred, Repealed, or Omitted. 231. Service and supply fund; uses; reimbursement. 232. National Institute of Mental Health; authorization of appropriation; construction; location. 233. Civil actions or proceedings against commissioned officers or employees. (a) Exclusiveness of remedy. (b) Attorney General to defend action or proceeding; delivery of process to designated official; furnishing of copies of pleading and process to United States attorney, Attorney General, and Secretary. (c) Removal to United States district court; procedure; proceeding upon removal deemed a tort action against United States; hearing on motion to remand to determine availability of remedy against United States; remand to State court or dismissal. (d) Compromise or settlement of claim by Attorney General. (e) Assault or battery. (f) Authority of Secretary or designee to hold harmless or provide liability insurance for assigned or detailed employees. (g) Exclusivity of remedy against United States for entities deemed Public Health Service employees; coverage for services furnished to individuals other than center patients; application process; subrogation of medical malpractice claims; applicable period; entity and contractor defined. (h) Qualifications for designation as Public Health Service employee. (i) Authority of Attorney General to exclude health care professionals from coverage. (j) Remedy for denial of hospital admitting privileges to certain health care providers. (k) Estimate of annual claims by Attorney General; criteria; establishment of fund; transfer of funds to Treasury accounts. (l) Timely response to filing of action or proceeding. (m) Application of coverage to managed care plans. (n) Report on risk exposure of covered entities. (o) Volunteer services provided by health professionals at free clinics. (p) Administration of smallpox countermeasures by health professionals. 234. Repealed. 235. Administration of grants in multigrant projects; promulgation of regulations. 236. Orphan Products Board. (a) Establishment; composition; chairman. (b) Function. (c) Duties with respect to drugs for rare diseases or conditions. (d) Consultation. (e) Annual report; contents. 237. Silvio O. Conte Senior Biomedical Research Service. (a) Creation; number of members. (b) Appointments; qualifications; provisions inapplicable to members. (c) Performance appraisal system. (d) Pay of members. (e) Contribution to retirement system of institutions of higher education. (f) Career and noncareer appointment of certain individuals. (g) Rules and regulations. PART B - MISCELLANEOUS PROVISIONS 238. Gifts for benefit of Service. (a) Acceptance by Secretary. (b) Depository of funds; availability for expenditure. (c) Evidences of unconditional gifts of intangible property. (d) Real property or tangible personal property. 238a. Use of immigration station hospitals. 238b. Disposition of money collected for care of patients. 238c. Transportation of remains of officers. 238d. Availability of appropriations for grants to Federal institutions. 238e. Transfer of funds. 238f. Availability of appropriations. 238g. Wearing of uniforms. 238h. Biennial report. 238i. Memorials and other acknowledgments for contributions to health of Nation. 238j. Evaluation of programs. (a) In general. (b) Report on evaluations. 238k. Contract authority. 238l. Recovery. (a) Right of United States to recover base amount plus interest. (b) Notice of sale, transfer, or change. (c) Base amount; interest. (d) Waiver of recovery rights. (e) Pre-judgment lien. 238m. Use of fiscal agents. (a) Contracting authority. (b) Contracting prerequisites. (c) Advances under contracts. (d) Applicable statutory provisions. (e) "Fiscal agent" defined. 238n. Abortion-related discrimination in governmental activities regarding training and licensing of physicians. (a) In general. (b) Accreditation of postgraduate physician training programs. (c) Definitions. 238o. Restriction on use of funds for assisted suicide, euthanasia, and mercy killing. 238p. Recommendations and guidelines regarding automated external defibrillators for Federal buildings. (a) Guidelines on placement. (b) Related recommendations. (c) Consultations; consideration of certain recommendations. (d) Date certain for establishing guidelines and recommendations. (e) Definitions. 238q. Liability regarding emergency use of automated external defibrillators. (a) Good Samaritan protections regarding AEDs. (b) Inapplicability of immunity. (c) Rules of construction. (d) Federal jurisdiction. (e) Definitions. SUBCHAPTER II - GENERAL POWERS AND DUTIES PART A - RESEARCH AND INVESTIGATIONS 241. Research and investigations generally. (a) Authority of Secretary. (b) Testing for carcinogenicity, teratogenicity, mutagenicity, and other harmful biological effects; consultation. (c) Diseases not significantly occurring in United States. (d) Protection of privacy of individuals who are research subjects. 242. Studies and investigations on use and misuse of narcotic drugs and other drugs; annual report to Attorney General; cooperation with States. 242a. Repealed. 242b. General authority respecting research, evaluations, and demonstrations in health statistics, health services, and health care technology. (a) Scope of activities. (b) Additional authority; scope of activities. (c) Coordination of activities through units of Department. 242c to 242j. Repealed or Transferred. 242k. National Center for Health Statistics. (a) Establishment; appointment of Director; statistical and epidemiological activities. (b) Duties. (c) Statistical and epidemiological compilations and surveys. (d) Technical aid to States and localities. (e) Cooperative Health Statistics System. (f) Federal-State cooperation. (g) Collection of health data; data collection forms. (h) Registration area records. (i) Technical assistance in effective use of statistics. (j) Coordination of health statistical and epidemiological activities. (k) National Committee on Vital and Health Statistics; establishment; membership; term of office; compensation; functions; consultations of Secretary with Committee and professional advisory groups. (l) Data specific to particular ethnic and racial populations. (m) Grants for assembly and analysis of data on ethnic and racial populations. (n) Authorization of appropriations. 242l. International cooperation. (a) Cooperative endeavors; statement of purpose. (b) Authority of Secretary; building construction prohibition. (c) Benefits for overseas assignees. 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. (b) Grants or contracts; applications, submittal; application peer review group, findings and recommendations; necessity of favorable recommendation; appointments. (c) Development and dissemination of statistics. (d) Information; publication restrictions. (e) Payment procedures; advances or reimbursement; installments; conditions; reductions. (f) Contracts without regard to section 3324 of title 31 and section 5 of title 41. 242n. Repealed. 242o. Health conferences; publication of health educational information. 242p. National disease prevention data profile. 242q. Task Force on Aging Research; establishment and duties. (a) Establishment. (b) Duties. (c) Provision of information to public. 242q-1. Membership. (a) Composition. (b) Chair. (c) Quorum. (d) Meetings. (e) Compensation and expenses. 242q-2. Administrative staff and support. 242q-3. Reports. (a) In general. (b) Availability to public. 242q-4. Definitions. 242q-5. Authorization of appropriations. PART B - FEDERAL-STATE COOPERATION 243. General grant of authority for cooperation. (a) Enforcement of quarantine regulations; prevention of communicable diseases. (b) Comprehensive and continuing planning; training of personnel for State and local health work; fees. (c) Development of plan to control epidemics and meet emergencies or problems resulting from disasters; cooperative planning; temporary assistance; reimbursement of United States. 244. Public access defibrillation programs. (a) In general. (b) Preference. (c) Use of funds. (d) Application. (e) Authorization of appropriations. 244-1, 244a.Repealed. 245. Public access defibrillation demonstration projects. (a) In general. (b) Use of funds. (c) Application. (d) Authorization of appropriations. 245a. Repealed. 246. Grants and services to States. (a) Comprehensive health planning and services. (b) Project grants for areawide health planning; authorization of appropriations; prerequisites for grants; application; contents. (c) Project grants for training, studies, and demonstrations; authorization of appropriations. 246a. Bureau of State Services management fund; establishment; advancements; availability. 247. Omitted. 247a. Family support groups for Alzheimer's disease patients. (a) Establishment; priorities. (b) National network to coordinate groups. 247b. Project grants for preventive health services. (a) Grant authority. (b) Application. (c) Approval; annual project review. (d) Amount of grant; payment. (e) Reduction. (f) Recordkeeping; audit authority. (g) Use of grant funds; mandatory treatment prohibited. (h) Reports. (i) Technical assistance. (j) Authorization of appropriations. (k) Additional grants to States, political subdivisions, and other public and nonprofit private entities. 247b-1. Screenings, referrals, and education regarding lead poisoning. (a) Authority for grants. (b) Status as medicaid provider. (c) Priority in making grants. (d) Grant application. (e) Relationship to services and activities under other programs. (f) Method and amount of payment. (g) Supplies, equipment, and employee detail. (h) Records. (i) Audit and examination of records. (j) Annual report. (k) Indian tribes. (l) Funding. (m) Guidelines for standardized reporting. 247b-2. Repealed. 247b-3. Education, technology assessment, and epidemiology regarding lead poisoning. (a) Prevention. (b) Technology assessment and epidemiology. 247b-3a. Training and reports by the Health Resources and Services Administration. (a) Training. (b) Report. (c) Authorization of appropriations. 247b-4. National Center on Birth Defects and Developmental Disabilities. (a) In general. (b) Additional provisions regarding collection of data. (c) Grants and contracts. (d) Biennial report. (e) Applicability of privacy laws. (f) Authorization of appropriations. 247b-4a. Early detection, diagnosis, and interventions for newborns and infants with hearing loss. (a) Definitions. (b) Purposes. (c) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems. (d) Technical assistance, data management, and applied research. (e) Coordination and collaboration. (f) Rule of construction. (g) Authorization of appropriations. 247b-4b. Developmental disabilities surveillance and research programs. (a) National autism and pervasive developmental disabilities surveillance program. (b) Centers of excellence in autism and pervasive developmental disabilities epidemiology. (c) Clearinghouse. (d) Definition. (e) Authorization of appropriations. 247b-4c. Information and education. (a) In general. (b) Stipends. (c) Authorization of appropriations. 247b-4d. Inter-agency Autism Coordinating Committee. (a) Establishment. (b) Membership. (c) Administrative support; terms of service; other provisions. 247b-4e. Report to Congress. 247b-5. Preventive health measures with respect to prostate cancer. (a) In general. (b) Requirement of matching funds. (c) Education on significance of early detection. (d) Requirement of provision of all services by date certain. (e) Additional required agreements. (f) Reports to Secretary. (g) Description of intended uses of grant. (h) Requirement of submission of application. (i) Method and amount of payment. (j) Technical assistance and provision of supplies and services in lieu of grant funds. (k) "Units of local government" defined. (l) Authorization of appropriations. 247b-6. Preventive health services regarding tuberculosis. (a) In general. (b) Research, demonstration projects, education, and training. (c) Cooperation with providers of primary health services. (d) Application for grant. (e) Supplies and services in lieu of grant funds. (f) Advisory Council. (g) Funding. 247b-7. Loan repayment program. (a) In general. (b) Applicability of certain provisions. (c) Authorization of appropriations. (d) Availability of appropriations. 247b-8. Fellowship and training programs. 247b-9. Diabetes in children and youth. (a) Surveillance on juvenile diabetes. (b) Type 2 diabetes in youth. (c) Authorization of appropriations. 247b-10. Compilation of data on asthma. (a) In general. (b) Surveillance activities. (c) Collaborative efforts. (d) Authorization of appropriations. 247b-11. Effects of folic acid in prevention of birth defects. (a) In general. (b) Consultations with States and private entities. (c) Technical assistance. (d) Evaluations. (e) Authorization of appropriations. 247b-12. Safe motherhood. (a) Surveillance. (b) Prevention research. (c) Prevention programs. (d) Authorization of appropriations. 247b-13. Prenatal and postnatal health. (a) In general. (b) Grants. (c) Authorization of appropriations. 247b-14. Oral health promotion and disease prevention. (a) Grants to increase resources for community water fluoridation. (b) Community water fluoridation. (c) School-based dental sealant program. (d) Definitions. (e) Authorization of appropriations. 247b-14a. Identification of interventions that reduce the burden and transmission of oral, dental, and craniofacial diseases in high risk populations; development of approaches for pediatric oral and craniofacial assessment. (a) In general. (b) Compliance with State practice laws. (c) Authorization of appropriations. 247b-15. Surveillance and education regarding hepatitis C virus. (a) In general. (b) Laboratory procedures. (c) Authorization of appropriations. 247b-16. Grants for lead poisoning related activities. (a) Authority to make grants. (b) Coordination with other children's programs. (c) Performance measures. (d) Authorization of appropriations. 247b-17. Human papillomavirus. (a) Surveillance. (b) Prevention activities; education program. (c) HPV education and prevention. 247b-18. Surveillance and research regarding muscular dystrophy. (a) In general. (b) National muscular dystrophy epidemiology program. (c) Coordination with centers of excellence. (d) Authorization of appropriations. 247b-19. Information and education. (a) In general. (b) Stipends. (c) Authorization of appropriations. 247b-20. Food safety grants. (a) In general. (b) Authorization of appropriations. 247c. Sexually transmitted diseases; prevention and control projects and programs. (a) Technical assistance to public and nonprofit private entities and scientific institutions. (b) Research, demonstration, and public information and education projects. (c) Project grants to States. (d) Grants for innovative, interdisciplinary approaches. (e) Authorization of appropriations; terms and conditions; payments; recordkeeping; audit; grant reduction; information disclosure. (f) Consent of individuals. 247c-1. Infertility and sexually transmitted diseases. (a) In general. (b) Authority regarding individual diseases. (c) Authorized activities. (d) Requirement of availability of all services through each grantee. (e) Required providers regarding certain services. (f) Quality assurance regarding screening for diseases. (g) Confidentiality. (h) Limitation on imposition of fees for services. (i) Limitations on certain expenditures. (j) Reports to Secretary. (k) Maintenance of effort. (l) Requirement of application. (m) Duration of grant. (n) Technical assistance, and supplies and services in lieu of grant funds. (o) Evaluations and reports by Secretary. (p) Coordination of Federal programs. (q) Authorization of appropriations. (r) Separate grants for research on delivery of services. 247c-2. Data collection regarding programs under subchapter XXIV. 247d. Public health emergencies. (a) Emergencies. (b) Public Health Emergency Fund. (c) Supplement not supplant. (d) Data submittal and reporting deadlines. 247d-1. National needs to combat threats to public health. (a) Capacities. (b) Supplement not supplant. (c) Technical assistance. (d) Authorization of appropriations. 247d-2. Assessment of public health needs. (a) Program authorized. (b) Procedure. (c) Report. (d) Supplement not supplant. (e) Authorization of appropriations. 247d-3. Grants to improve State and local public health agencies. (a) Program authorized. (b) Eligible entities. (c) Use of funds. (d) Report. (e) Supplement not supplant. 247d-3a. Grants to improve State, local, and hospital preparedness for and response to bioterrorism and other public health emergencies. (a) In general. (b) Eligible entities. (c) Bioterrorism and Other Public Health Emergency Preparedness and Response Plan. (d) Use of funds. (e) Priorities in use of grants. (f) Certain activities. (g) Coordination with local Medical Response System. (h) Coordination of Federal activities. (i) Definition. (j) Funding. 247d-3b. Partnerships for community and hospital preparedness. (a) Grants. (b) Eligibility. (c) Regional coordination. (d) Consistency of planned activities. (e) Use of funds. (f) Limitation on awards. (g) Priorities in use of grants. (h) Coordination with local Medical Response System. (i) Authorization of appropriations. 247d-4. Revitalizing the Centers for Disease Control and Prevention. (a) Facilities; capacities. (b) National communications and surveillance networks. (c) Authorization of appropriations. 247d-5. Combating antimicrobial resistance. (a) Task force. (b) Research and development of new antimicrobial drugs and diagnostics. (c) Education of medical and public health personnel. (d) Grants. (e) Grants for demonstration programs. (f) Supplement not supplant. (g) Authorization of appropriations. 247d-6. Public health countermeasures to a bioterrorist attack. (a) Working group on bioterrorism and other public health emergencies. (b) Advice to the Federal Government. (c) Strategy for communication of information regarding bioterrorism and other public health emergencies. (d) Recommendation of Congress regarding official Federal Internet site on bioterrorism. (e) Grants. (f) Federal assistance. (g) Education; training regarding pediatric issues. (h) Accelerated research and development on priority pathogens and countermeasures. (i) General Accounting Office report. (j) Supplement not supplant. 247d-7. Demonstration program to enhance bioterrorism training, coordination, and readiness. (a) In general. (b) Eligible entities. (c) Specific criteria. (d) Duration of award. (e) Supplement not supplant. (f) General Accounting Office report. (g) Authorization of appropriations. 247d-7a. Grants regarding training and education of certain health professionals. (a) In general. (b) Authority regarding non-Federal contributions. (c) Authorization of appropriations. 247d-7b. Emergency system for advance registration of health professions volunteers. (a) In general. (b) Certain criteria. (c) Other assistance. (d) Coordination among States. (e) Rule of construction. (f) Authorization of appropriations. 247d-7c. Supplies and services in lieu of award funds. (a) In general. (b) Corresponding reduction in payments. 247d-7d. Security for countermeasure development and production. (a) In general. (b) Guidelines. 247d-8. Coordinated program to improve pediatric oral health. (a) In general. (b) Grants. (c) Distribution. (d) Authorization of appropriations. PART C - HOSPITALS, MEDICAL EXAMINATIONS, AND MEDICAL CARE 247e. National Hansen's Disease Programs Center. (a) Care and treatment. (b) Additional sites authorized. (c) Agency designated by Secretary. (d) Payments to Board of Health of Hawaii. 248. Control and management of hospitals; furnishing prosthetic and orthopedic devices; transfer of patients; disposal of articles produced by patients; disposal of money and effects of deceased patients; payment of burial expenses. 248a. Closing or transfer of hospitals; reduction of services; Congressional authorization required. 248b. Transfer or financial self-sufficiency of public health service hospitals and clinics. (a) Deadline for closure, transfer, or financial self-sufficiency. (b) Proposals for transfer or financial self-sufficiency. (c) Evaluation of proposals. (d) Rejection or approval of proposal. (e) Establishment of identifiable administrative unit. (f) Finding of financial self-sufficiency. 248c, 248d. Repealed. 249. Medical care and treatment of quarantined and detained persons. (a) Persons entitled to treatment. (b) Temporary treatment in emergency cases. (c) Authorization for outside treatment. 250. Medical care and treatment of Federal prisoners. 250a. Transfer of appropriations. 251. Medical examination and treatment of Federal employees; medical care at remote stations. 252. Medical examination of aliens. 253. Medical services to Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service. (a) Persons entitled to medical services. (b) Health care for involuntarily separated officers and dependents. (c) Examination of personnel of Service assigned to Coast Guard or National Oceanic and Atmospheric Administration. 253a. Medical services to retired personnel of National Oceanic and Atmospheric Administration. (a) Eligibility. (b) Treatment of dependents of personnel. (c) Identification. 253b. Former Lighthouse Service employees; medical service eligibility. 254. Interdepartmental work. 254a. Sharing of medical care facilities and resources. (a) Definitions. (b) Statement of purpose; agreements or arrangements; reciprocity; reimbursement; credits. PART D - PRIMARY HEALTH CARE SUBPART I - HEALTH CENTERS 254b. Health centers. (a) "Health center" defined. (b) Definitions. (c) Planning grants. (d) Loan guarantee program. (e) Operating grants. (f) Infant mortality grants. (g) Migratory and seasonal agricultural workers. (h) Homeless population. (i) Residents of public housing. (j) Access grants. (j) Applications. (k) Technical and other assistance. (l) Redesignated (s). (m) Memorandum of agreement. (n) Records. (o) Delegation of authority. (p) Special consideration. (q) Audits. (s) Authorization of appropriations. 254c. Rural health care services outreach, rural health network development, and small health care provider quality improvement grant programs. (a) Purpose. (b) Definitions. (c) Program. (d) Administration. (e) Rural health care services outreach grants. (f) Rural health network development grants. (g) Small health care provider quality improvement grants. (h) General requirements. (i) Report. (j) Authorization of appropriations. 254c-1. Grants for health services for Pacific Islanders. (a) Grants. (b) Use of grants or contracts. (c) Advisory Council. (d) Advisory Council functions. (e) Omitted. (f) Authorization of appropriation. 254c-2. Special diabetes programs for type I diabetes. (a) In general. (b) Funding. 254c-3. Special diabetes programs for Indians. (a) In general. (b) Services through Indian health facilities. (c) Funding. 254c-4. Centers for strategies on facilitating utilization of preventive health services among various populations. (a) In general. (b) Research and training. (c) Priority regarding infants and children. (d) Authorization of appropriations. 254c-5. Epilepsy; seizure disorder. (a) National public health campaign. (b) Seizure disorder; demonstration projects in medically underserved areas. (c) Definitions. (d) Authorization of appropriations. 254c-6. Certain services for pregnant women. (a) Infant adoption awareness. (b) Application for grant. (c) Authorization of appropriations. 254c-7. Special needs adoption programs; public awareness campaign and other activities. (a) Special needs adoption awareness campaign. (b) National resources program. (c) Other programs. (d) Application for grant. (e) Funding. 254c-8. Healthy start for infants. (a) In general. (b) Requirements for making grants. (c) Coordination. (d) Rule of construction. (e) Additional services for at-risk pregnant women and infants. (f) Funding. 254c-9. Establishment of program of grants. (a) In general. (b) Recipients of grants. (c) Certain activities. (d) Integration with other programs. 254c-10. Certain requirements. 254c-11. Technical assistance. 254c-12. Definitions. 254c-13. Authorization of appropriations. 254c-14. Telehealth network and telehealth resource centers grant programs. (a) Definitions. (b) Programs. (c) Administration. (d) Grants. (e) Grant periods. (f) Eligible entities. (g) Applications. (h) Terms; conditions; maximum amount of assistance. (i) Preferences. (j) Distribution of funds. (k) Use of funds. (l) Prohibited uses of funds. (m) Collaboration. (n) Coordination with other agencies. (o) Outreach activities. (p) Telehealth. (q) Report. (r) Regulations. (s) Authorization of appropriations. 254c-15. Rural emergency medical service training and equipment assistance program. (a) Grants. (b) Eligibility. (c) Use of funds. (d) Preference. (e) Matching requirement. (f) Emergency medical services. (g) Authorization of appropriations. 254c-16. Mental health services delivered via telehealth. (a) Definitions. (b) Program authorized. (c) Use of funds. (d) Equitable distribution. (e) Application. (f) Report. (g) Authorization of appropriations. 254c-17. Telemedicine; incentive grants regarding coordination among States. (a) In general. (b) Authorization of appropriations. SUBPART II - NATIONAL HEALTH SERVICE CORPS PROGRAM 254d. National Health Service Corps. (a) Establishment; composition; purpose; definitions. (b) Recruitment and fellowship programs. (c) Travel and moving expenses; persons entitled; reimbursement; limitation. (d) Monthly pay adjustments of members directly engaged in delivery of health services in health professional shortage area; "monthly pay" defined; monthly pay adjustment of member with service obligation incurred under Scholarship Program or Loan Repayment Program; personnel system applicable. (e) Employment ceiling of Department not affected by Corps members. (f) Assignment of personnel provisions inapplicable to members whose service obligation incurred under Scholarship Program or Loan Repayment Program. (g) Conversion from Corps member to commissioned officer; retirement credits. (h) Effective administration of program. (i) Demonstration projects; waivers. (j) Definitions. 254e. Health professional shortage areas. (a) Designation by Secretary; removal from areas designated; "medical facility" defined. (b) Criteria for designation of health professional shortage areas; promulgation of regulations. (c) Considerations in determination of designation. (d) Designation; publication of descriptive lists. (e) Notice of proposed designation of areas and facilities; time for comment. (f) Notice of designation. (g) Recommendations to Secretary. (h) Public information programs in designated areas. (i) Dissemination. 254f. Corps personnel. (a) Conditions necessary for assignment of Corps personnel to area; contents of application for assignment; assignment to particular facility; approval of applications. (b) Corps member income assurances; grants respecting sufficiency of financial resources. (c) Assignment of members without regard to ability of area to pay for services. (d) Entities entitled to aid; forms of assistance; coordination of efforts; agreements for assignment of Corps members; qualified entity. (e) Practice within State by Corps member. 254f-1. Priorities in assignment of Corps personnel. (a) In general. (b) Establishment of criteria for determining priorities. (c) Notifications regarding priorities. (d) Limitation on number of entities offered as assignment choices in Scholarship Program. 254g. Charges for services by entities using Corps members. (a) Availability of services regardless of ability to pay or payment source. (b) Charges for services. 254h. Provision of health services by Corps members. (a) Means of delivery of services; cooperation with other health care providers. (b) Utilization of existing health facilities; lease, acquisition, and use of equipment and supplies; permanent and temporary professional services. (c) Loan; purposes; limitations. (d) Property and equipment disposal; fair market value; sale at less than full market value. (e) Admitting privileges denied to Corps member by hospital; notice and hearing; denial of Federal funds for violation; "hospital" defined. 254h-1. Facilitation of effective provision of Corps services. (a) Consideration of individual characteristics of members in making assignments. (b) Counseling on service in Corps. (c) Grants regarding preparation of students for practice. (d) Assistance in establishing local professional relationships. (e) Temporary relief from Corps duties. (f) Determinations regarding effective service. 254i. Annual report to Congress; contents. 254j. National Advisory Council on National Health Service Corps. (a) Establishment; appointment of members. (b) Term of members; compensation; expenses. (c) Termination. 254k. Authorization of appropriations. SUBPART III - SCHOLARSHIP PROGRAM AND LOAN REPAYMENT PROGRAM 254l. National Health Service Corps Scholarship Program. (a) Establishment. (b) Eligibility; application; written contract. (c) Review and evaluation of information and forms by prospective applicant. (d) Factors considered in providing contracts; priorities. (e) Commencement of participation in Scholarship Program; notice. (f) Written contract; contents. (g) Scholarship provisions; contract with educational institution; increase in monthly stipend. (h) Employment ceiling of Department unaffected. 254l-1. National Health Service Corps Loan Repayment Program. (a) Establishment. (b) Eligibility. (c) Information to be included with application and contract forms; understandability; availability. (d) Factors considered in providing contracts; priorities. (e) Approval required for participation. (f) Contents of contracts. (g) Payments. (h) Employment ceiling. 254m. Obligated service under contract. (a) Service in full-time clinical practice. (b) Notice to individual; information for informed decision; eligibility; notice to Secretary; qualification and appointment as commissioned officer; appointment as civilian member; designation of non-United States employee as member; deferment of obligated service. (c) Obligated service period; commencement. (d) Assignment of personnel. 254n. Private practice. (a) Application for release of obligations; conditions. (b) Written agreement; actions to ensure compliance. (c) Breach of service contract. (d) Travel expenses. (e) Sale of equipment and supplies. (f) Malpractice insurance. (g) Technical assistance. 254o. Breach of scholarship contract or loan repayment contract. (a) Failure to maintain academic standing; dismissal from institution; voluntary termination; liability; failure to accept payment. (b) Failure to commence or complete service obligations; formula to determine liability; payment to United States; recovery of delinquent damages; disclosure to credit reporting agencies. (c) Failure to commence or complete service obligations for other reasons; determination of liability; payment to United States; waiver of recovery for extreme hardship or good cause shown. (d) Cancellation of obligation upon death of individual; waiver or suspension of obligation for impossibility, hardship, or unconscionability; release of debt by discharge in bankruptcy, time limitations. (e) Inapplicability of Federal and State statute of limitations on actions for collection. 254o-1. Fund regarding use of amounts recovered for contract breach to replace services lost as result of breach. (a) Establishment of Fund. (b) Authorization of appropriations to Fund. (c) Use of Fund. (d) Investment. 254p. Special loans for former Corps members to enter private practice. (a) Persons entitled; conditions. (b) Amount of loan; maximum interest rate. (c) Application for loan; submission and approval; interest rates and repayment terms. (d) Breach of agreement; notice; determination of liability. 254q. Authorization of appropriations. (a) Authorization of appropriations. (b) Scholarships for new participants. (c) Scholarships and loan repayments. 254q-1. Grants to States for loan repayment programs. (a) In general. (b) Requirement of matching funds. (c) Coordination with Federal program. (d) Restrictions on use of funds. (e) Reports. (f) Requirement of application. (g) Noncompliance. (h) "State" defined. (i) Authorization of appropriations. 254r. Grants to States for operation of offices of rural health. (a) In general. (b) Requirement of matching funds. (c) Certain required activities. (d) Requirement regarding annual budget for office. (e) Certain uses of funds. (f) Reports. (g) Requirement of application. (h) Noncompliance. (i) "State" defined. (j) Authorization of appropriations. (k) Termination of program. 254s. Native Hawaiian Health Scholarships. (a) Eligibility. (b) Terms and conditions. (c) "Native Hawaiian" defined. (d) Authorization of appropriations. 254t. Demonstration project. (a) Program authorized. (b) Procedure. (c) Limitations. (d) Designations. (e) Rule of construction. (f) Report. (g) Authorization of appropriations. SUBPART IV - HOME HEALTH SERVICES 255. Home health services. (a) Purpose; authorization of grants and loans; considerations; conditions on loans; appropriations. (b) Grants and contracts for training programs for paraprofessionals; considerations; applications; appropriations. (c) Report to Congress with respect to grants and loans and training of personnel. (d) "Home health services" defined. SUBPART V - HEALTHY COMMUNITIES ACCESS PROGRAM 256. Grants to strengthen the effectiveness, efficiency, and coordination of services for the uninsured and underinsured. (a) In general. (b) Eligible entities. (c) Limitations. (d) Priorities. (e) Use of funds. (f) Grantee requirements. (g) Maintenance of effort. (h) Technical assistance. (i) Evaluation of program. (j) Demonstration authority. (k) Authorization of appropriations. (l) Date certain for termination of program. SUBPART VI - HEALTH SERVICES FOR RESIDENTS OF PUBLIC HOUSING 256a. Repealed. SUBPART VII - DRUG PRICING AGREEMENTS 256b. Limitation on prices of drugs purchased by covered entities. (a) Requirements for agreement with Secretary. (b) Other definitions. (c) References to Social Security Act. (d) Compliance with requirements. SUBPART VIII - BULK PURCHASES OF VACCINES FOR CERTAIN PROGRAMS 256c. Bulk purchases of vaccines for certain programs. (a) Agreements for purchases. (b) Negotiation of prices. (c) Authority of Secretary. (d) Rule of construction. 256d. Breast and cervical cancer information. (a) In general. (b) Certain authorities. (c) Relevant entities. SUBPART IX - SUPPORT OF GRADUATE MEDICAL EDUCATION PROGRAMS IN CHILDREN'S HOSPITALS 256e. Program of payments to children's hospitals that operate graduate medical education programs. (a) Payments. (b) Amount of payments. (c) Amount of payment for direct graduate medical education. (d) Amount of payment for indirect medical education. (e) Making of payments. (f) Authorization of appropriations. (g) Definitions. SUBPART X - PRIMARY DENTAL PROGRAMS 256f. Designated dental health professional shortage area. 256g. Grants for innovative programs. (a) Grant program authorized. (b) State activities. (c) Application. (d) Matching requirement. (e) Report. (f) Authorization of appropriations. PART E - NARCOTIC ADDICTS AND OTHER DRUG ABUSERS 257 to 261a. Repealed or Transferred. PART F - LICENSING OF BIOLOGICAL PRODUCTS AND CLINICAL LABORATORIES SUBPART 1 - BIOLOGICAL PRODUCTS 262. Regulation of biological products. (a) Biologics license. (b) Falsely labeling or marking package or container; altering label or mark. (c) Inspection of establishment for propagation and preparation. (d) Recall of product presenting imminent hazard; violations. (e) Interference with officers. (f) Penalties for offenses. (g) Construction with other laws. (h) Exportation of partially processed biological products. (i) "Biological product" defined. (j) Application of Federal Food, Drug, and Cosmetic Act. 262a. Enhanced control of dangerous biological agents and toxins. (a) Regulatory control of certain biological agents and toxins. (b) Regulation of transfers of listed agents and toxins. (c) Possession and use of listed agents and toxins. (d) Registration; identification; database. (e) Safeguard and security requirements for registered persons. (f) Inspections. (g) Exemptions. (h) Disclosure of information. (i) Civil money penalty. (j) Notification in event of release. (k) Reports. (l) Definitions. (m) Authorization of appropriations. 263. Preparation of biological products by Service. SUBPART 2 - CLINICAL LABORATORIES 263a. Certification of laboratories. (a) "Laboratory" or "clinical laboratory" defined. (b) Certificate requirement. (c) Issuance and renewal of certificates. (d) Requirements for certificates. (e) Accreditation. (f) Standards. (g) Inspections. (h) Intermediate sanctions. (i) Suspension, revocation, and limitation. (j) Injunctions. (k) Judicial review. (l) Sanctions. (m) Fees. (n) Information. (o) Delegation. (p) State laws. (q) Consultations. 263a-1. Assisted reproductive technology programs. (a) In general. (b) Pregnancy success rates. (c) Consultation. 263a-2. Certification of embryo laboratories. (a) In general. (b) Distribution. (c) Requirements. (d) Standards. (e) Certification under State programs. (f) Use of accreditation organizations. (g) Inspections. (h) Validation inspections. (i) Limitation. (j) Term. 263a-3. Accreditation organizations. (a) Approval of accreditation organizations. (b) Criteria and procedures. (c) Evaluations. (d) Transition. 263a-4. Certification revocation and suspension. (a) In general. (b) Effect. 263a-5. Publication. 263a-6. Fees. 263a-7. Definitions. SUBPART 3 - MAMMOGRAPHY FACILITIES 263b. Certification of mammography facilities. (a) Definitions. (b) Certificate requirement. (c) Issuance and renewal of certificates. (d) Application for certificate. (e) Accreditation. (f) Quality standards. (g) Inspections. (h) Sanctions. (i) Suspension and revocation. (j) Injunctions. (k) Judicial review. (l) Information. (m) State laws. (n) National Advisory Committee. (o) Consultations. (p) Breast cancer screening surveillance research grants. (q) State program. (r) Funding. PART G - QUARANTINE AND INSPECTION 264. Regulations to control communicable diseases. (a) Promulgation and enforcement by Surgeon General. (b) Apprehension, detention, or conditional release of individuals. (c) Application of regulations to persons entering from foreign countries. (d) Apprehension and examination of persons reasonably believed to be infected. (e) Preemption. 265. Suspension of entries and imports from designated places to prevent spread of communicable diseases. 266. Special quarantine powers in time of war. 267. Quarantine stations, grounds, and anchorages. (a) Control and management. (b) Hours of inspection. (c) Overtime pay for employees of Service. (d) Payment of extra compensation to United States; bond or deposit to assure payment; deposit of moneys to credit of appropriation. 268. Quarantine duties of consular and other officers. 269. Bills of health. (a) Detail of medical officer; conditions precedent to issuance; consular officer to receive fees. (b) Collectors of customs to receive originals; duplicate copies as part of ship's papers. (c) Regulations to secure sanitary conditions of vessels. (d) Vessels from ports near frontier. (e) Compliance with regulations. 270. Quarantine regulations governing civil air navigation and civil aircraft. 271. Penalties for violation of quarantine laws. (a) Penalties for persons violating quarantine laws. (b) Penalties for vessels violating quarantine laws. (c) Remittance or mitigation of forfeitures. 272. Administration of oaths by quarantine officers. PART H - ORGAN TRANSPLANTS 273. Organ procurement organizations. (a) Grant authority of Secretary. (b) Qualified organizations. 274. Organ procurement and transplantation network. (a) Contract authority of Secretary; limitation; available appropriations. (b) Functions. (c) Consideration of critical comments. 274a. Scientific registry. 274b. General provisions respecting grants and contracts. (a) Application requirement. (b) Special considerations and priority; planning and establishment grants. (c) Determination of grant amount; terms of payment; recordkeeping; access for purposes of audits and examination of records. (d) "Transplant center" and "organ" defined. 274c. Administration. 274d. Report. 274e. Prohibition of organ purchases. (a) Prohibition. (b) Penalties. (c) Definitions. 274f. Study by General Accounting Office. (a) In general. (b) Report. 274g. Authorization of appropriations. PART I - NATIONAL BONE MARROW DONOR REGISTRY 274k. National Registry. (a) Establishment. (b) Functions. (c) Recruitment; priorities; information and education. (d) Patient advocacy; case management. (e) Criteria, standards, and procedures. (f) Comment procedures. (g) Consultation. (h) Application. (i) Eligibility. (j) Records. (k) Penalties for disclosure. (l) Annual report regarding pretransplant costs. 274l. Bone marrow scientific registry. (a) Establishment of recipient registry. (b) Information. (c) Annual report on patient outcomes. 274m. Authorization of appropriations. 275 to 280a-1. Repealed. PART J - PREVENTION AND CONTROL OF INJURIES 280b. Research. 280b-1. Prevention and control activities. 280b-1a. Interpersonal violence within families and among acquaintances. 280b-1b. Prevention of traumatic brain injury. (a) In general. (b) Certain activities. (c) Coordination of activities. (d) "Traumatic brain injury" defined. 280b-1c. Use of allotments for rape prevention education. (a) Permitted use. (b) Collection and dissemination of information on sexual assault. (c) Authorization of appropriations. (d) Limitations. 280b-1d. National program for traumatic brain injury registries. 280b-2. General provisions. (a) Advisory committee. (b) Technical assistance. (c) Biennial report. 280b-3. Authorization of appropriations. PART K - HEALTH CARE SERVICES IN THE HOME SUBPART I - GRANTS FOR DEMONSTRATION PROJECTS 280c. Establishment of program. (a) In general. (b) Requirement with respect to age of recipients of services. (c) Relationship to items and services under other programs. 280c-1. Limitation on duration of grant and requirement of matching funds. (a) Limitation on duration of grant. (b) Requirement of matching funds. (c) Determination of amount of non-Federal contribution. 280c-2. General provisions. (a) Limitation on administrative expenses. (b) Description of intended use of grant. (c) Requirement of application. (d) Evaluations and report by Secretary. (e) Authorizations of appropriations. SUBPART II - GRANTS FOR DEMONSTRATION PROJECTS WITH RESPECT TO ALZHEIMER'S DISEASE 280c-3. Establishment of program. (a) In general. (b) Requirement with respect to certain expenditures. (c) Relationship to items and services under other programs. 280c-4. Requirement of matching funds. (a) Requirement of matching funds. (b) Determination of amount of non-Federal contribution. 280c-5. General provisions. (a) Limitation on administrative expenses. (b) Description of intended use of grant. (c) Requirement of application. (d) Evaluations and report by Secretary. (e) Authorizations of appropriations. SUBPART III - GRANTS FOR HOME VISITING SERVICES FOR AT-RISK FAMILIES 280c-6. Projects to improve maternal, infant, and child health. (a) In general. (b) Home visiting services for eligible families. (c) Considerations in making grants. (d) Federal share. (e) Rule of construction regarding at-risk births. (f) Delivery of services and case management. (g) Outreach. (h) Confidentiality. (i) Certain assurances. (j) Submission to Secretary of certain information. (k) Limitation regarding administrative expenses. (l) Restrictions on use of grant. (m) Reports to Secretary. (n) Requirement of application. (o) Peer review. (p) Evaluations. (q) Definitions. (r) Authorization of appropriations. PART L - [REPEALED] 280d. Transferred. 280d-11. Transferred. PART M - NATIONAL PROGRAM OF CANCER REGISTRIES 280e. National program of cancer registries. (a) In general. (b) Matching funds. (c) Eligibility for grants. (d) Relationship to certain programs. (e) Requirement regarding certain study on breast cancer. 280e-1. Planning grants regarding registries. (a) In general. (b) Application. 280e-2. Technical assistance in operations of statewide cancer registries. 280e-3. Study in certain States to determine factors contributing to elevated breast cancer mortality rates. (a) In general. (b) Relevant States. (c) Cooperation of State. (d) Planning, commencement, and duration. (e) Report. 280e-4. Authorization of appropriations. (a) Registries. (b) Breast cancer study. PART N - NATIONAL FOUNDATION FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION 280e-11. Establishment and duties of Foundation. (a) In general. (b) Purpose of Foundation. (c) Endowment fund. (d) Certain activities of Foundation. (e) General structure of Foundation; nonprofit status. (f) Board of directors. (g) Certain responsibilities of executive director. (h) General provisions. (i) Federal funding. (j) Committee for establishment of Foundation. PART O - FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM 280f. Establishment of Fetal Alcohol Syndrome prevention and services program. (a) Fetal Alcohol Syndrome prevention, intervention, and services delivery program. (b) Grants and technical assistance. (c) Dissemination of criteria. (d) National Task Force. 280f-1. Eligibility. 280f-2. Authorization of appropriations. (a) In general. (b) Task Force. 280f-3. Sunset provision. PART P - ADDITIONAL PROGRAMS 280g. Children's asthma treatment grants program. (a) Authority to make grants. (b) Coordination with other children's programs. (c) Evaluation. (d) Authorization of appropriations. 280g-1. Early detection, diagnosis, and treatment regarding hearing loss in infants. (a) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems. (b) Technical assistance, data management, and applied research. (c) Coordination and collaboration. (d) Rule of construction; religious accommodation. (e) Definitions. (f) Authorization of appropriations. 280g-2. Childhood malignancies. (a) In general. (b) Certain activities. (c) Coordination of activities. (d) Definition. (e) Authorization of appropriations. PART Q - PROGRAMS TO IMPROVE THE HEALTH OF CHILDREN 280h. Grants to promote childhood nutrition and physical activity. (a) In general. (b) Eligibility. (c) Use of funds. (d) Technical assistance. (e) Limitation on administrative costs. (f) Term. (g) Definition. (h) Authorization of appropriations. 280h-1. Applied research program. (a) In general. (b) Authorization of appropriations. 280h-2. Education campaign. (a) In general. (b) Authorization of appropriations. 280h-3. Health professional education and training. (a) In general. (b) Authorization of appropriations. SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES PART A - NATIONAL INSTITUTES OF HEALTH 281. Organization of National Institutes of Health. (a) Agency of Public Health Service. (b) Agencies within. (c) Establishment of additional national research institutes; reorganization or abolition of institutes. (d) "National research institute" defined. 282. Director of National Institutes of Health. (a) Appointment. (b) Duties and authority. (c) Availability of substances and organisms for research. (d) Services of experts or consultants; number; payment of expenses, conditions, recovery. (e) Dissemination of research information. (f) Associate Director for Prevention; functions. (g) Enhancing competitiveness of certain entities in obtaining research funds. (h) Increased participation of women and disadvantaged individuals in biomedical and behavioral research. (i) Discretionary fund; uses; report to Congressional committees; authorization of appropriations. (j) Data bank of information on clinical trials for drugs for serious or life-threatening diseases and conditions. (k) Day care for children of employees. (l) Interagency research on trauma. 283. Biennial report of Director to President and Congress; contents. 283a. Establishment of program regarding DES. (a) In general. (b) Education programs. (c) Longitudinal studies. (d) Exposure to DES in utero. (e) Authorization of appropriations. 283b. Repealed. 283c. Office of Behavioral and Social Sciences Research. 283d. Children's Vaccine Initiative. (a) Development of new vaccines. (b) Report. (c) Authorization of appropriations. 283e. Plan for use of animals in research. (a) Preparation. (b) Submission to Congressional committees. (c) Periodic review and revision. (d) Dissemination of information. (e) Interagency Coordinating Committee on the Use of Animals in Research. 283f. Requirements regarding surveys of sexual behavior. 283g. Muscular dystrophy; initiative through Director of National Institutes of Health. (a) Expansion, intensification, and coordination of activities. (b) Centers of excellence. (c) Facilitation of research. (d) Coordinating Committee. (e) Plan for HHS activities. (f) Reports to Congress. (g) Public input. (h) Authorization of appropriations. 283h. Office of Rare Diseases. (a) Establishment. (b) Duties. (c) Definition. (d) Authorization of appropriations. 283i. Rare disease regional centers of excellence. (a) Cooperative agreements and grants. (b) Coordination with other institutes. (c) Uses for Federal payments under cooperative agreements or grants. (d) Period of support; additional periods. (e) Authorization of appropriations. PART B - GENERAL PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES 284. Directors of national research institutes. (a) Appointment. (b) Duties and authority; grants, contracts, and cooperative agreements. (c) Coordination with other public and private entities; cooperation with other national research institutes; appointment of additional peer review groups. 284a. Advisory councils. (a) Establishment; acceptance of conditional gifts; functions. (b) Membership; compensation. (c) Term of office; reappointment; vacancy. (d) Chairman; term of office. (e) Meetings. (f) Appointment of executive secretary; training and orientation for new members. (g) Comments and recommendations for inclusion in biennial report; additional reports. (h) Advisory councils in existence; application of section to National Cancer Advisory Board and advisory council to National Heart, Lung, and Blood Institute. 284b. Biennial report. 284c. Certain uses of funds. 284d. Definitions. (a) Health service research. (b) Clinical research. 284e. Research on osteoporosis, Paget's disease, and related bone disorders. (a) Establishment. (b) Coordination. (c) Information clearinghouse. (d) Authorization of appropriations. 284f. Parkinson's disease. (a) In general. (b) Inter-institute coordination. (c) Morris K. Udall research centers. (d) Morris K. Udall Awards for Excellence in Parkinson's Disease Research. (e) Authorization of appropriations. 284g. Expansion, intensification, and coordination of activities of National Institutes of Health with respect to research on autism. (a) In general. (b) Centers of excellence. (c) Facilitation of research. (d) Public input. (e) Funding. 284h. Pediatric Research Initiative. (a) Establishment. (b) Purpose. (c) Duties. (d) Authorization. (e) Transfer of funds. 284i. Autoimmune diseases. (a) Expansion, intensification, and coordination of activities. (b) Coordinating Committee. (c) Plan for NIH activities. (d) Reports to Congress. (e) Authorization of appropriations. 284j. Muscular dystrophy research. (a) Coordination of activities. (b) Administration of program; collaboration among agencies. (c) Authorization of appropriations. 284k. Clinical research. (a) In general. (b) Requirements. (c) Support for the diverse needs of clinical research. (d) Peer review. 284l. Enhancement awards. (a) Mentored Patient-Oriented Research Career Development Awards. (b) Mid-Career Investigator Awards in Patient-Oriented Research. (c) Graduate Training in Clinical Investigation Award. (d) Clinical Research Curriculum Awards. 284m. Program for pediatric studies of drugs. (a) List of drugs for which pediatric studies are needed. (b) Contracts for pediatric studies. (c) Process for contracts and labeling changes. (d) Authorization of appropriations. PART C - SPECIFIC PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES SUBPART 1 - NATIONAL CANCER INSTITUTE 285. Purpose of Institute. 285a. National Cancer Program. 285a-1. Cancer control programs. 285a-2. Special authorities of Director. (a) Information and education program. (b) National Cancer Program. (c) Pre-clinical models to evaluate promising pediatric cancer therapies. 285a-3. National cancer research and demonstration centers. (a) Cooperative agreements and grants for establishing and supporting. (b) Uses for Federal payments under cooperative agreements or grants. (c) Period of support; additional periods. 285a-4. President's Cancer Panel; establishment, membership, etc., functions. 285a-5. Associate Director for Prevention; appointment; function. 285a-6. Breast and gynecological cancers. (a) Expansion and coordination of activities. (b) Coordination with other institutes. (c) Programs for breast cancer. (d) Other cancers. (e) Report. 285a-7. Prostate cancer. (a) Expansion and coordination of activities. (b) Coordination with other institutes. (c) Programs. 285a-8. Authorization of appropriations. (a) Activities generally. (b) Breast cancer and gynecological cancers. (c) Prostate cancer. (d) Allocation regarding cancer control. 285a-9. Grants for education, prevention, and early detection of radiogenic cancers and diseases. (a) Definition. (b) In general. (c) Indian Health Service. (d) Grant and contract authority. (e) Health coverage unaffected. (f) Report to Congress. (g) Authorization of appropriations. 285a-10. Research, information, and education with respect to blood cancer. (a) Joe Moakley Research Excellence Program. (b) Geraldine Ferraro Cancer Education Program. SUBPART 2 - NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 285b. Purpose of Institute. 285b-1. Heart, blood vessel, lung, and blood disease prevention and control programs. 285b-2. Information and education. 285b-3. National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program; administrative provisions. 285b-4. National research and demonstration centers. (a) Heart, blood vessel, lung, blood diseases, and blood resources; utilization of centers for prevention programs. (b) Sickle cell anemia. (c) Cooperative agreements and grants for establishing and supporting; uses for Federal payments; period of support, additional periods. 285b-5. Repealed. 285b-6. Associate Director for Prevention; appointment; function. 285b-7. National Center on Sleep Disorders Research. (a) Establishment. (b) Purpose. (c) Sleep Disorders Research Advisory Board. (d) Development of comprehensive research plan; revision. (e) Collection and dissemination of information. 285b-7a. Heart attack, stroke, and other cardiovascular diseases in women. (a) In general. (b) Coordination with other institutes. (c) Certain programs. (d) Authorization of appropriations. 285b-7b. Coordination of Federal asthma activities. (a) In general. (b) Representation of the Department of Housing and Urban Development. (c) Authorization of appropriations. 285b-8. Authorization of appropriations. SUBPART 3 - NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES 285c. Purpose of Institute. 285c-1. Data systems and information clearinghouses. (a) National Diabetes Data System and National Diabetes Clearinghouse. (b) National Digestive Diseases Data System and National Digestive Diseases Information Clearinghouse. (c) National Kidney and Urologic Diseases Data System and National Kidney and Urologic Diseases Information Clearinghouse. 285c-2. Division Directors for Diabetes, Endocrinology, and Metabolic Diseases, Digestive Diseases and Nutrition, and Kidney, Urologic, and Hematologic Diseases; functions. 285c-3. Interagency coordinating committees. (a) Establishment and purpose. (b) Membership; chairman; meetings. (c) Annual report. 285c-4. Advisory boards. (a) Establishment. (b) Membership; ex officio members. (c) Compensation. (d) Term of office; vacancy. (e) Chairman. (f) Executive director; professional and clerical staff; administrative support services and facilities. (g) Meetings. (h) Functions of National Diabetes Advisory Board and National Digestive Diseases Advisory Board. (i) Subcommittees; establishment and membership. (j) Termination of predecessor boards; time within which to appoint members. 285c-5. Research and training centers; development or expansion. (a) Diabetes mellitus and related endocrine and metabolic diseases. (b) Digestive diseases and related functional, congenital, metabolic disorders, and normal development of digestive tract. (c) Kidney and urologic diseases. (d) Nutritional disorders. (e) Geographic distribution; period of support, additional periods. 285c-6. Advisory council subcommittees. 285c-7. Biennial report. 285c-8. Nutritional disorders program. (a) Establishment. (b) Support of activities. (c) Dissemination of information. 285c-9. Juvenile diabetes. (a) Long-term epidemiology studies. (b) Clinical trial infrastructure/innovative treatments for juvenile diabetes. (c) Prevention of type 1 diabetes. (d) Authorization of appropriations. SUBPART 4 - NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES 285d. Purpose of Institute. 285d-1. National arthritis and musculoskeletal and skin diseases program. (a) Plan to expand, intensify, and coordinate activities; submission; periodic review and revision. (b) Coordination of activities with other national research institutes; minimum activities under program. (c) Program to be carried out in accordance with plan. 285d-2. Research and training. 285d-3. Data system and information clearinghouse. 285d-4. Interagency coordinating committees. (a) Establishment and purpose. (b) Membership; chairman; meetings. 285d-5. Arthritis and musculoskeletal diseases demonstration projects. (a) Grants for establishment and support. (b) Programs included. (c) Standardization of patient data and recordkeeping. 285d-6. Multipurpose arthritis and musculoskeletal diseases centers. (a) Development, modernization, and operation. (b) Duties and functions. (c) Optional programs. (d) Geographical distribution. (e) Period of support; additional periods. (f) Treatment and rehabilitation of children. 285d-6a. Lupus. (a) In general. (b) Coordination with other institutes. (c) Programs for lupus. (d) Authorization of appropriations. 285d-7. Advisory Board. (a) Establishment. (b) Membership; ex officio members. (c) Compensation. (d) Term of office; vacancy. (e) Chairman. (f) Executive director, professional and clerical staff; administrative support services and facilities. (g) Meetings. (h) Duties and functions. (i) Subcommittees; establishment and membership. (j) Annual report. (k) Termination of predecessor board; time within which to appoint members. 285d-8. Juvenile arthritis and related conditions. (a) Expansion and coordination of activities. (b) Coordination. (c) Authorization of appropriations. SUBPART 5 - NATIONAL INSTITUTE ON AGING 285e. Purpose of Institute. 285e-1. Special functions. (a) Education and training of adequate numbers of personnel. (b) Scientific studies. (c) Public information and education programs. (d) Grants for research relating to Alzheimer's Disease. 285e-2. Alzheimer's Disease centers. (a) Cooperative agreements and grants for establishing and supporting. (b) Use of Federal payments under cooperative agreement or grant. (c) Support period; additional periods. 285e-3. Claude D. Pepper Older Americans Independence Centers. (a) Development and expansion of centers. (b) Functions of centers. (c) Geographic distribution of centers. (d) "Independence" defined. 285e-4. Awards for leadership and excellence in Alzheimer's disease and related dementias. (a) Senior researchers in biomedical research. (b) Eligible centers. (c) Required recommendation. (d) Selection procedures. (e) Term of award; renewal. 285e-5. Research relevant to appropriate services for individuals with Alzheimer's disease and related dementias and their families. (a) Grants for research. (b) Preparation of plan; contents; revision. (c) Consultation for preparation and revision of plan. (d) Grants for promoting independence and preventing secondary disabilities. (e) "Council on Alzheimer's Disease" defined. 285e-6. Dissemination of research results. 285e-7. Clearinghouse on Alzheimer's Disease. (a) Establishment; purpose; duties; publication of summary. (b) Fee for information. (c) Summaries of research findings from other agencies. 285e-8. Dissemination project. (a) Grant or contract for establishment. (b) Project activities. (c) Fees for information; exception. (d) Application for grant or contract; contents. 285e-9. Alzheimer's disease registry. (a) In general. (b) Qualifications. 285e-10. Aging processes regarding women. 285e-10a. Alzheimer's clinical research and training awards. (a) In general. (b) Support of promising clinicians. (c) Excellence in certain fields. (d) Authorization of appropriations. 285e-11. Authorization of appropriations. SUBPART 6 - NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 285f. Purpose of Institute. 285f-1. Research centers regarding chronic fatigue syndrome. 285f-2. Research and research training regarding tuberculosis. 285f-3. Sexually transmitted disease clinical research and training awards. (a) In general. (b) Support of promising clinicians. (c) Excellence in certain fields. (d) Authorization of appropriations. SUBPART 7 - NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT 285g. Purpose of Institute. 285g-1. Sudden infant death syndrome research. 285g-2. Mental retardation research. 285g-3. Associate Director for Prevention; appointment; function. 285g-4. National Center for Medical Rehabilitation Research. (a) Establishment of Center. (b) Purpose. (c) Authority of Director. (d) Research Plan. (e) Medical Rehabilitation Coordinating Committee. (f) National Advisory Board on Medical Rehabilitation Research. 285g-5. Research centers with respect to contraception and infertility. (a) Grants and contracts. (b) Number of centers. (c) Duties. (d) Coordination of information. (e) Facilities. (f) Period of support. (g) Authorization of appropriations. 285g-6. Program regarding obstetrics and gynecology. 285g-7. Child health research centers. 285g-8. Prospective longitudinal study on adolescent health. (a) In general. (b) Design of study. (c) Coordination with Women's Health Initiative. 285g-9. Fragile X. (a) Expansion and coordination of research activities. (b) Research centers. 285g-10. Investment in tomorrow's pediatric researchers. (a) Enhanced support. (b) Authorization. SUBPART 8 - NATIONAL INSTITUTE OF DENTAL RESEARCH 285h. Purpose of Institute. SUBPART 9 - NATIONAL EYE INSTITUTE 285i. Purpose of Institute. 285i-1. Clinical research on eye care and diabetes. (a) Program of grants. (b) Use of funds. (c) Authorized expenditures. SUBPART 10 - NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE 285j. Purpose of Institute. 285j-1. Spinal cord regeneration research. 285j-2. Bioengineering research. 285j-3. Research on multiple sclerosis. SUBPART 11 - NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES 285k. Purpose of Institute. SUBPART 12 - NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 285l. Purpose of Institute. 285l-1. Applied Toxicological Research and Testing Program. 285l-2. Definitions. 285l-3. Interagency Coordinating Committee on the Validation of Alternative Methods. (a) In general. (b) Purposes. (c) Composition. (d) Scientific Advisory Committee. (e) Duties. 285l-4. Federal agency action. (a) Identification of tests. (b) Alternatives. (c) Test method validation. (d) Review. (e) Recommendation adoption. 285l-5. Application. (a) Application. (b) Use of test methods. (c) Limitation. (d) Submission of tests and data. SUBPART 13 - NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS 285m. Purpose of Institute. 285m-1. National Deafness and Other Communication Disorders Program. 285m-2. Data System and Information Clearinghouse. 285m-3. Multipurpose deafness and other communication disorders center. (a) Development, modernization and operation; "modernization" defined. (b) Use of facilities; qualifications. (c) Requisite programs. (d) Stipends. (e) Discretionary programs. (f) Equitable geographical distribution; needs of elderly and children. (g) Period of support; recommended extensions of peer review group. 285m-4. National Institute on Deafness and Other Communication Disorders Advisory Board. (a) Establishment. (b) Composition; qualifications; appointed and ex officio members. (c) Compensation. (d) Term of office; vacancies. (e) Chairman. (f) Personnel; executive director; professional and clerical staff members; consultants; information and administrative support services and facilities. (g) Meetings. (h) Functions. (i) Subcommittee activities; workshops and conferences; collection of data. (j) Annual report. (k) Commencement of existence. 285m-5. Interagency Coordinating Committee. (a) Establishment. (b) Functions. (c) Composition. (d) Chairman; meetings. (e) Annual report; recipients of report. 285m-6. Limitation on administrative expenses. SUBPART 14 - NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM 285n. Purpose of Institute. (a) In general. (b) Research program. (c) Collaboration. (d) Funding. 285n-1. Associate Director for Prevention. (a) In general. (b) Biennial report. 285n-2. National Alcohol Research Centers; mandatory grant for research of effects of alcohol on elderly. (a) Designation; procedures applicable for approval of applications. (b) Annual grants; amount; limitation on uses. SUBPART 15 - NATIONAL INSTITUTE ON DRUG ABUSE 285o. Purpose of Institute. (a) In general. (b) Research program. (c) Collaboration. (d) Funding. 285o-1. Associate Director for Prevention. (a) In general. (b) Report. 285o-2. Drug Abuse Research Centers. (a) Authority. (b) Grants. (c) Drug abuse and addiction research. 285o-3. Office on AIDS. 285o-4. Medication Development Program. (a) Establishment. (b) Duties. (c) Report. (d) "Pharmacotherapeutics" defined. (e) Authorization of appropriations. SUBPART 16 - NATIONAL INSTITUTE OF MENTAL HEALTH 285p. Purpose of Institute. (a) In general. (b) Research program. (c) Collaboration. (d) Information with respect to suicide. (e) Associate Director for Special Populations. (f) Funding. 285p-1. Associate Director for Prevention. (a) In general. (b) Report. 285p-2. Office of Rural Mental Health Research. (a) In general. (b) Coordination of activities. (c) Research, demonstrations, evaluations, and dissemination. (d) Authority regarding grants and contracts. (e) Report to Congress. 285p-3. Office on AIDS. SUBPART 17 - NATIONAL INSTITUTE OF NURSING RESEARCH 285q. Purpose of Institute. 285q-1. Specific authorities. 285q-2. Advisory council. (a) Appointment; functions and duties; acceptance of conditional gifts; subcommittees. (b) Membership; ex officio members; compensation. (c) Term of office; vacancy; reappointment. (d) Chairman; selection; term of office. (e) Meetings. (f) Executive secretary; staff; orientation and training for new members. (g) Material for inclusion in biennial report; additional reports. 285q-3. Biennial report. SUBPART 18 - NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING 285r. Purpose of the Institute. (a) In general. (b) National Biomedical Imaging and Bioengineering Program. (c) Membership. (d) Authorization of appropriations. PART D - NATIONAL LIBRARY OF MEDICINE SUBPART 1 - GENERAL PROVISIONS 286. National Library of Medicine. (a) Purpose and establishment. (b) Functions. (c) Exchange, destruction, or disposal of materials not needed. (d) Availability of publications, materials, facilities, or services; prescription of rules. (e) Regional medical libraries; establishment. (f) Acceptance and administration of gifts; memorials. (g) "Medicine" and "medical" defined. 286a. Board of Regents. (a) Membership; ex officio members. (b) Recommendations on matters of policy; recommendations included in annual report; use of services of members by Secretary. (c) Term of office; vacancy; reappointment. 286a-1. Library facilities. 286a-2. Authorization of appropriations. SUBPART 2 - FINANCIAL ASSISTANCE 286b. Repealed. 286b-1. Definitions. 286b-2. National Medical Libraries Assistance Advisory Board. (a) Board of Regents of National Library of Medicine to serve as. (b) Functions. (c) Use of services of members by Secretary. (d) Compensation. 286b-3. Grants for training in medical library sciences. 286b-4. Assistance for projects in sciences related to health, for research and development in medical library science, and for development of education technologies. (a) Compilation of existing and original writings on health. (b) Medical library science and related activities. (c) Development of education technologies. 286b-5. Grants for establishing, expanding, and improving basic resources of medical libraries and related instrumentalities. 286b-6. Grants and contracts for establishment of regional medical libraries. (a) Existing public or private nonprofit medical libraries. (b) Uses for grants and contracts. (c) Conditions. (d) Basic resources materials; limitation on grant or contract. 286b-7. Financial support of biomedical scientific publications. 286b-8. Grant payments, records, and audit. SUBPART 3 - NATIONAL CENTER FOR BIOTECHNOLOGY INFORMATION 286c. Purpose, establishment, functions, and funding of National Center for Biotechnology Information. (a) Establishment. (b) Functions. SUBPART 4 - NATIONAL INFORMATION CENTER ON HEALTH SERVICES RESEARCH AND HEALTH CARE TECHNOLOGY 286d. National Information Center. (a) Establishment. (b) Purpose. (c) Electronic, convenient format; criteria for inclusion. (d) Coordination with Director of the Agency for Healthcare Research and Quality. PART E - OTHER AGENCIES OF NIH SUBPART 1 - NATIONAL CENTER FOR RESEARCH RESOURCES 287. General purpose. 287a. Advisory council. (a) Appointment; functions and duties; acceptance of conditional gifts; subcommittees. (b) Membership; ex officio members; compensation. (c) Term of office; vacancy; reappointment. (d) Chairman; selection; term of office. (e) Meetings. (f) Executive secretary; staff; orientation and training for new members. (g) Material for inclusion in biennial report; additional reports. (h) Advisory council in existence on November 20, 1985. 287a-1. Biennial report. 287a-2. Biomedical and behavioral research facilities. (a) Modernization and construction of facilities. (b) Scientific and technical review boards for merit-based review of proposals. (c) Requirements for grants. (d) Requirement of application. (e) Amount of grant; payments. (f) Recapture of payments. (g) Guidelines. (h) Report to Congress. (i) Authorization of appropriations. 287a-3. Construction of regional centers for research on primates. 287a-3a. Sanctuary system for surplus chimpanzees. (a) In general. (b) Administration of sanctuary system. (c) Acceptance of chimpanzees into system. (d) Standards for permanent retirement of surplus chimpanzees. (e) Award of contract for operation of system. (f) Definitions. (g) Funding. 287a-4. General clinical research centers. (a) Grants. (b) Activities. (c) Authorization of appropriations. SUBPART 2 - JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN HEALTH SCIENCES 287b. General purpose. SUBPART 3 - NATIONAL CENTER FOR HUMAN GENOME RESEARCH 287c. Purpose of Center. (a) General purpose. (b) Research training. (c) Amount available for ethical and legal issues. SUBPART 4 - OFFICE OF DIETARY SUPPLEMENTS 287c-11. Dietary supplements. (a) Establishment. (b) Purpose. (c) Duties. (d) "Dietary supplement" defined. (e) Authorization of appropriations. SUBPART 5 - NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE 287c-21. Purpose of Center. (a) In general. (b) Advisory council. (c) Complement to conventional medicine. (d) Appropriate scientific expertise and coordination with institutes and Federal agencies. (e) Evaluation of various disciplines and systems. (f) Ensuring high quality, rigorous scientific review. (g) Data system; information clearinghouse. (h) Research centers. (i) Availability of resources. (j) Availability of appropriations. SUBPART 6 - NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES 287c-31. Purpose of Center. (a) In general. (b) Priorities. (c) Minority health disparities research. (d) Health disparity populations. (e) Coordination of activities. (f) Collaborative comprehensive plan and budget. (g) Participation in clinical research. (h) Research endowments. (i) Certain activities. (j) Advisory council. (k) Annual report. (l) Authorization of appropriations. 287c-32. Centers of excellence for research education and training. (a) In general. (b) Required use of funds. (c) Centers of excellence. (d) Duration of grant. (e) Maintenance of effort. (f) Certain expenditures. (g) Definitions. (h) Authorization of appropriations. 287c-33. Loan repayment program for minority health disparities research. (a) In general. (b) Service provisions. (c) Requirement regarding health disparity populations. (d) Priority. (e) Funding. 287c-34. General provisions regarding the Center. (a) Administrative support for Center. (b) Evaluation and report. PART F - RESEARCH ON WOMEN'S HEALTH 287d. Office of Research on Women's Health. (a) Establishment. (b) Purpose. (c) Coordinating Committee. (d) Advisory Committee. (e) Representation of women among researchers. (f) Definitions. 287d-1. National data system and clearinghouse on research on women's health. (a) Data system. (b) Clearinghouse. 287d-2. Biennial report. (a) In general. (b) Inclusion in biennial report of Director of NIH. PART G - AWARDS AND TRAINING 288. Ruth L. Kirschstein National Research Service Awards. (a) Biomedical and behavioral research and research training; programs and institutions included; restriction; special consideration. (b) Prerequisites for Award; review and approval by appropriate advisory councils; Award period; uses for Award; payments to non-Federal public or nonprofit private institutions. (c) Health research or teaching; service period; recovery upon noncompliance with service requirement, formula; cancellation or waiver of obligation. (d) Authorization of appropriations; apportionment. 288-1. Loan repayment program for research with respect to acquired immune deficiency syndrome. (a) In general. (b) Applicability of certain provisions. (c) Authorization of appropriations. 288-2. Loan repayment program for research with respect to contraception and infertility. (a) Establishment. (b) Contracts, obligated service, breach of contract. (c) Availability of funds. 288-3. Loan repayment program for research generally. (a) In general. (b) Applicability of certain provisions. 288-4. Undergraduate scholarship program regarding professions needed by National Research Institutes. (a) Establishment of program. (b) Facilitation of interest of students in careers at National Institutes of Health. (c) Period of obligated service. (d) Provisions regarding scholarship. (e) Penalties for breach of scholarship contract. (f) Requirement of application. (g) Availability of authorization of appropriations. 288-5. Loan repayment program regarding clinical researchers from disadvantaged backgrounds. (a) Implementation of program. (b) Availability of authorization of appropriations. 288-5a. Loan repayment program regarding clinical researchers. (a) In general. (b) Application of provisions. (c) Funding. 288-6. Pediatric research loan repayment program. (a) In general. (b) Application of other provisions. (c) Funding. 288a. Visiting Scientist Awards. 288b. Studies respecting biomedical and behavioral research personnel. (a) Scope of undertaking. (b) Arrangement with National Academy of Sciences or other nonprofit private groups or associations. PART H - GENERAL PROVISIONS 289. Institutional review boards; ethics guidance program. 289a. Peer review requirements. (a) Applications for biomedical and behavioral research grants, cooperative agreements, and contracts; regulations. (b) Periodic review of research at National Institutes of Health. (c) Compliance with requirements for inclusion of women and minorities in clinical research. 289a-1. Certain provisions regarding review and approval of proposals for research. (a) Review as precondition to research. (b) Ethical review of research. 289a-2. Inclusion of women and minorities in clinical research. (a) Requirement of inclusion. (b) Inapplicability of requirement. (c) Design of clinical trials. (d) Guidelines. (e) Date certain for guidelines; applicability. (f) Reports by advisory councils. (g) Definitions. 289b. Office of Research Integrity. (a) In general. (b) Existence of administrative processes as condition of funding for research. (c) Process for response of Director. (d) Monitoring by Director. (e) Protection of whistleblowers. 289b-1. Protection against financial conflicts of interest in certain projects of research. (a) Issuance of regulations. (b) Relevant projects. (c) Identifying and reporting to Secretary. (d) Monitoring of process. (e) Response. (f) Definitions. 289c. Research on public health emergencies; report to Congressional committees. 289c-1. Collaborative use of certain health services research funds. 289d. Animals in research. (a) Establishment of guidelines. (b) Animal care committees; establishment; membership; functions. (c) Assurances required in application or contract proposal; reasons for use of animals; notice and comment requirements for promulgation of regulations. (d) Failure to meet guidelines; suspension or revocation of grant or contract. (e) Disclosure of trade secrets or privileged or confidential information. 289e. Use of appropriations. 289f. Gifts and donations; memorials. 289g. Fetal research. (a) Conduct or support by Secretary; restrictions. (b) Risk standard for fetuses intended to be aborted and fetuses intended to be carried to term to be same. 289g-1. Research on transplantation of fetal tissue. (a) Establishment of program. (b) Informed consent of donor. (c) Informed consent of researcher and donee. (d) Availability of statements for audit. (e) Applicability of State and local law. (f) Report. (g) "Human fetal tissue" defined. 289g-2. Prohibitions regarding human fetal tissue. (a) Purchase of tissue. (b) Solicitation or acceptance of tissue as directed donation for use in transplantation. (c) Criminal penalties for violations. (d) Definitions. 289g-3. Breast implant research. (a) In general. (b) Definition. 289h. Repealed. 290. National Institutes of Health Management Fund; establishment; advancements; availability; final adjustments of advances. 290a. Victims of fire. (a) Research on burns, burn injuries, and rehabilitation. (b) Authorization of appropriations. PART I - FOUNDATION FOR THE NATIONAL INSTITUTES OF HEALTH 290b. Establishment and duties of Foundation. (a) In general. (b) Purpose of Foundation. (c) Certain activities of Foundation. (d) Board of Directors. (e) Incorporation. (f) Nonprofit status. (g) Executive Director. (h) Powers. (i) Administrative control. (j) General provisions. (k) Duties of Director. (l) Funding. SUBCHAPTER III-A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION PART A - ORGANIZATION AND GENERAL AUTHORITIES 290aa. Substance Abuse and Mental Health Services Administration. (a) Establishment. (b) Agencies. (c) Administrator and Deputy Administrator. (d) Authorities. (e) Associate Administrator for Alcohol Prevention and Treatment Policy. (f) Associate Administrator for Women's Services. (g) Services of experts. (h) Peer review groups. (i) Voluntary services. (j) Administration. (k) Report concerning activities and progress. (l) Applications for grants and contracts. (m) Emergency response. (n) Limitation on the use of certain information. (o) Authorization of appropriations. 290aa-1. Advisory councils. (a) Appointment. (b) Membership. (c) Terms of office. (d) Chair. (e) Meetings. (f) Executive Secretary and staff. 290aa-2. Omitted. 290aa-2a. Report on individuals with co-occurring mental illness and substance abuse disorders. (a) In general. (b) Report content. (c) Funds for report. 290aa-3. Peer review. (a) In general. (b) Members. (c) Advisory council review. (d) Conditions. 290aa-3a. Transferred. 290aa-4. Data collection. (a) Requirement of annual collection of data on mental illness and substance abuse. (b) Requisite areas of data collection on mental health. (c) Requisite areas of data collection on substance abuse. (d) Development of uniform criteria for data collection. 290aa-5. Grants for the benefit of homeless individuals. (a) In general. (b) Preferences. (c) Services for certain individuals. (d) Term of the awards. (e) Authorization of appropriations. 290aa-5a. Alcohol and drug prevention or treatment services for Indians and Native Alaskans. (a) In general. (b) Priority. (c) Duration. (d) Application. (e) Evaluation. (f) Report. (g) Authorization of appropriations. 290aa-5b. Grants for ecstasy and other club drugs abuse prevention. (a) Authority. (b) Use of funds. (c) Use of funds. (d) Allocation and report. (e) Authorization of appropriations. 290aa-6 to 290aa-14. Transferred or Repealed. PART B - CENTERS AND PROGRAMS SUBPART 1 - CENTER FOR SUBSTANCE ABUSE TREATMENT 290bb. Center for Substance Abuse Treatment. (a) Establishment. (b) Duties. (c) Grants and contracts. 290bb-1. Residential treatment programs for pregnant and postpartum women. (a) In general. (b) Availability of services for each participant. (c) Individualized plan of services. (d) Required supplemental services. (e) Minimum qualifications for receipt of award. (f) Requirement of matching funds. (g) Outreach. (h) Accessibility of program; cultural context of services. (i) Continuing education. (j) Imposition of charges. (k) Reports to Director. (l) Requirement of application. (m) Equitable allocation of awards. (n) Duration of award. (o) Evaluations; dissemination of findings. (p) Reports to Congress. (q) Definitions. (r) Authorization of appropriations. 290bb-1a. Transferred. 290bb-2. Priority substance abuse treatment needs of regional and national significance. (a) Projects. (b) Priority substance abuse treatment needs. (c) Requirements. (d) Evaluation. (e) Information and education. (f) Authorization of appropriation. 290bb-2a. Medical treatment of narcotics addiction; report to Congress. 290bb-3 to 290bb-5. Repealed. 290bb-6. Action by Center for Substance Abuse Treatment and States concerning military facilities. (a) Center for Substance Abuse Treatment. (b) States. (c) Reservation of space. 290bb-7. Substance abuse treatment services for children and adolescents. (a) In general. (b) Priority. (c) Duration of grants. (d) Application. (e) Evaluation. (f) Authorization of appropriations. 290bb-8. Early intervention services for children and adolescents. (a) In general. (b) Priority. (c) Condition. (d) Duration of grants. (e) Application. (f) Evaluation. (g) Authorization of appropriations. 290bb-9. Methamphetamine and amphetamine treatment initiative. (a) Grants. (b) Geographic distribution. (c) Additional activities. (d) Authorization of appropriations. SUBPART 2 - CENTER FOR SUBSTANCE ABUSE PREVENTION 290bb-21. Office for Substance Abuse Prevention. (a) Establishment; Director. (b) Duties of Director. (c) Grants, contracts and cooperative agreements. (d) National data base. 290bb-22. Priority substance abuse prevention needs of regional and national significance. (a) Projects. (b) Priority substance abuse prevention needs. (c) Requirements. (d) Evaluation. (e) Information and education. (f) Authorization of appropriation. 290bb-23. Prevention, treatment, and rehabilitation model projects for high risk youth. (a) Grants to public and nonprofit private entities. (b) Priority of projects. (c) Strategies for reducing use. (d) Regionally equal distribution of grants. (e) Application for grants. (f) Evaluation of projects. (g) "High risk youth" defined. (h) Authorization of appropriations. 290bb-24. Repealed. 290bb-25. Grants for services for children of substance abusers. (a) Establishment. (b) Services for children of substance abusers. (c) Services for affected families. (d) Training for providers of services to children and families. (e) Eligible entities. (f) Federal share. (g) Restrictions on use of grant. (h) Submission to Secretary of certain information. (i) Reports to Secretary. (j) Requirement of application. (k) Evaluations. (l) Report to Congress. (m) Data collection. (n) Definitions. (o) Authorization of appropriations. 290bb-25a. Grants for strengthening families. (a) Program authorized. (b) Priority. (c) Duration of grants. (d) Use of funds. (e) Application. (f) Matching funding. (g) Report to Secretary. (h) Evaluations. (i) High-risk families. (j) Authorization of appropriations. 290bb-25b. Programs to reduce underage drinking. (a) In general. (b) Eligibility requirements. (c) Evaluation. (d) Geographical distribution. (e) Duration of award. (f) Authorization of appropriations. 290bb-25c. Services for individuals with fetal alcohol syndrome. (a) In general. (b) Use of funds. (c) Requirements. (d) Relationship to payments under other programs. (e) Duration of awards. (f) Evaluation. (g) Funding. 290bb-25d. Centers of excellence on services for individuals with fetal alcohol syndrome and alcohol-related birth defects and treatment for individuals with such conditions and their families. (a) In general. (b) Use of funds. (c) Report. (d) Duration of awards. (e) Evaluation. (f) Authorization of appropriations. 290bb-25e. Prevention of methamphetamine and inhalant abuse and addiction. (a) Grants. (b) Use of funds. (c) Prevention programs and activities. (d) Analyses and evaluation. (e) Authorization of appropriations. SUBPART 3 - CENTER FOR MENTAL HEALTH SERVICES 290bb-31. Center for Mental Health Services. (a) Establishment. (b) Duties. (c) Grants and contracts. 290bb-32. Priority mental health needs of regional and national significance. (a) Projects. (b) Priority mental health needs. (c) Requirements. (d) Evaluation. (e) Information and education. (f) Authorization of appropriation. 290bb-33. Repealed. 290bb-34. Youth interagency research, training, and technical assistance centers. (a) Program authorized. (b) Application. (c) Authorized activities. (d) Authorization of appropriations. 290bb-35. Services for youth offenders. (a) In general. (b) Use of funds. (c) Application. (d) Report. (e) Definitions. (f) Authorization of appropriations. 290bb-36. Suicide prevention for children and adolescents. (a) In general. (b) Collaboration. (c) Requirements. (d) Use of funds. (e) Condition. (f) Special populations. (g) Application. (h) Distribution of awards. (i) Evaluation. (j) Dissemination and education. (k) Duration of projects. (l) Study. (m) Authorization of appropriation. 290bb-37. Grants for emergency mental health centers. (a) Program authorized. (b) Health center. (c) Distribution of awards. (d) Application. (e) Use of funds. (f) Evaluation. (g) Authorization of appropriations. 290bb-38. Grants for jail diversion programs. (a) Program authorized. (b) Administration. (c) Applications. (d) Use of funds. (e) Federal share. (f) Geographic distribution. (g) Training and technical assistance. (h) Evaluations. (i) Authorization of appropriations. 290bb-39. Improving outcomes for children and adolescents through services integration between child welfare and mental health services. (a) In general. (b) Duration. (c) Application. (d) Use of funds. (e) Distribution of awards. (f) Evaluation. (g) Authorization of appropriations. 290bb-40. Grants for the integrated treatment of serious mental illness and co-occurring substance abuse. (a) In general. (b) Priority. (c) Use of funds. (d) Condition. (e) Distribution of awards. (f) Duration. (g) Application. (h) Evaluation. (i) Authorization of appropriation. 290bb-41. Training grants. (a) In general. (b) Mental illness awareness training grants. 290cc to 290cc-13. Repealed or Transferred. PART C - PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS 290cc-21. Formula grants to States. 290cc-22. Purpose of grants. (a) In general. (b) Specification of services. (c) Coordination. (d) Special consideration regarding veterans. (e) Special rules. (f) Administrative expenses. (g) Maintenance of effort. (h) Restrictions on use of funds. (i) Waiver for territories. 290cc-23. Requirement of matching funds. (a) In general. (b) Determination of amount. (c) Limitation regarding grants by States. 290cc-24. Determination of amount of allotment. (a) Minimum allotment. (b) Determination under formula. 290cc-25. Conversion to categorical program in event of failure of State regarding expenditure of grants. (a) In general. (b) Specification of funds. (c) Requirement of provision of services in State involved. 290cc-26. Provision of certain information from State. 290cc-27. Description of intended expenditures of grant. (a) In general. (b) Opportunity for public comment. (c) Relationship to State comprehensive mental health services plan. 290cc-28. Requirement of reports by States. (a) In general. (b) Availability to public of reports. (c) Evaluations. 290cc-29. Requirement of application. 290cc-30. Technical assistance. 290cc-31. Failure to comply with agreements. (a) Repayment of payments. (b) Withholding of payments. (c) Opportunity for hearing. (d) Rule of construction. 290cc-32. Prohibition against certain false statements. (a) In general. (b) Criminal penalty for violation of prohibition. 290cc-33. Nondiscrimination. (a) In general. (b) Enforcement. 290cc-34. Definitions. 290cc-35. Funding. (a) Authorization of appropriations. (b) Effect of insufficient appropriations for minimum allotments. PART D - MISCELLANEOUS PROVISIONS RELATING TO SUBSTANCE ABUSE AND MENTAL HEALTH 290dd. Substance abuse among government and other employees. (a) Programs and services. (b) Deprivation of employment. (c) Construction. 290dd-1. Admission of substance abusers to private and public hospitals and outpatient facilities. (a) Nondiscrimination. (b) Regulations. 290dd-2. Confidentiality of records. (a) Requirement. (b) Permitted disclosure. (c) Use of records in criminal proceedings. (d) Application. (e) Nonapplicability. (f) Penalties. (g) Regulations. (h) Application to Department of Veterans Affairs. 290dd-3 to 290ee-3. Omitted. PART E - CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES 290ff. Comprehensive community mental health services for children with serious emotional disturbances. (a) Grants to certain public entities. (b) Considerations in making grants. (c) Matching funds. 290ff-1. Requirements with respect to carrying out purpose of grants. (a) Systems of comprehensive care. (b) Limitation on age of children provided access to system. (c) Required mental health services of system. (d) Required arrangements regarding other appropriate services. (e) General provisions regarding services of system. (f) Restrictions on use of grant. (g) Waivers. 290ff-2. Individualized plan for services. (a) In general. (b) Multidisciplinary team. (c) Coordination with services under Individuals with Disabilities Education Act. (d) Contents of plan. 290ff-3. Additional provisions. (a) Optional services. (b) Comprehensive plan. (c) Limitation on imposition of fees for services. (d) Relationship to items and services under other programs. (e) Limitation on administrative expenses. (f) Reports to Secretary. (g) Description of intended uses of grant. (h) Requirement of application. 290ff-4. General provisions. (a) Duration of support. (b) Technical assistance. (c) Evaluations and reports by Secretary. (d) Definitions. (e) Rule of construction. (f) Funding. PART F - MODEL COMPREHENSIVE PROGRAM FOR TREATMENT OF SUBSTANCE ABUSE 290gg. Repealed. PART G - PROJECTS FOR CHILDREN AND VIOLENCE 290hh. Children and violence. (a) In general. (b) Activities. (c) Requirements. (d) Geographical distribution. (e) Duration of awards. (f) Evaluation. (g) Information and education. (h) Authorization of appropriations. 290hh-1. Grants to address the problems of persons who experience violence related stress. (a) In general. (b) Priorities. (c) Geographical distribution. (d) Evaluation. (e) Duration of awards. (f) Authorization of appropriations. (g) Short title. PART H - REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES 290ii. Requirement relating to the rights of residents of certain facilities. (a) In general. (b) Requirements. (c) Current law. (d) Definitions. 290ii-1. Reporting requirement. (a) In general. (b) Facility. 290ii-2. Regulations and enforcement. (a) Training. (b) Requirements. (c) Enforcement. PART I - REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN NON-MEDICAL, COMMUNITY-BASED FACILITIES FOR CHILDREN AND YOUTH 290jj. Requirement relating to the rights of residents of certain non-medical, community-based facilities for children and youth. (a) Protection of rights. (b) Requirements. (c) Rule of construction. (d) Definitions. 290jj-1. Reporting requirement. 290jj-2. Regulations and enforcement. (a) Training. (b) Requirements. (c) Enforcement. PART J - SERVICES PROVIDED THROUGH RELIGIOUS ORGANIZATIONS 290kk. Applicability to designated programs. (a) Designated programs. (b) Limitation. (c) Definitions. 290kk-1. Religious organizations as program participants. (a) In general. (b) Religious organizations. (c) Nondiscrimination against religious organizations. (d) Religious character and freedom. (e) Employment practices. (f) Rights of program beneficiaries. (g) Fiscal accountability. (h) Compliance. 290kk-2. Limitations on use of funds for certain purposes. 290kk-3. Educational requirements for personnel in drug treatment programs. (a) Findings. (b) Nondiscrimination. SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER MEDICAL FACILITIES 291. Congressional declaration of purpose. PART A - GRANTS AND LOANS FOR CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER MEDICAL FACILITIES 291a. Authorization of appropriations. 291b. State allotments. (a) Computation for individual States; formulas for both new construction and modernization. (b) Minimum allotments. (c) Allotment percentages; definitions; determination. (d) Availability of allotments in subsequent years. (e) Transfer of allotments. (f) Request by State to transfer portion of allotment. 291c. General regulations. (a) Priority of projects; determination. (b) Standards of construction and equipment. (c) Criteria for determining needs for beds, hospitals and other facilities; plans for distribution of beds and facilities. (d) Criteria for determining need for modernization. (e) State plan requirements; assurances necessary for approval of application. 291d. State plans. (a) Submission; requirements. (b) Approval by Surgeon General; hearing after disapproval. 291e. Projects for construction or modernization. (a) Application; contents. (b) Approval by Surgeon General; requisites; additional approval by Secretary of Health and Human Services. (c) Opportunity for hearing required prior to disapproval. (d) Amendments subject to same approval as original applications. (e) Outpatient facilities; requirements of applicants. 291f. Payments for construction or modernization. (a) Certification of work by Surgeon General; conditions affecting payments. (b) Additional payments in cases of amended applications. (c) Administration expenses; use of portion of allotments to defray; manner of payment. 291g. Withholding of payments; noncompliance with requirements. 291h. Judicial review. (a) Refusal to approve application; procedure; jurisdiction of court of appeals. (b) Conclusiveness of Surgeon General's findings; remand; new or modified findings. (c) Review by Supreme Court; stay of Surgeon General's action. 291i. Recovery of expenditures under certain conditions. (a) Persons liable. (b) Notice to Secretary. (c) Amount of recovery; interest; interest period. (d) Waiver. (e) Lien. 291j. Loans. (a) Authorization; conditions. (b) Approval; payments to applicants. (c) Terms. (d) Funds; miscellaneous receipts. PART B - LOAN GUARANTEES AND LOANS FOR MODERNIZATION AND CONSTRUCTION OF HOSPITALS AND OTHER MEDICAL FACILITIES 291j-1. Loan guarantees and loans. (a) Authority of Secretary. (b) Cost limitations. (c) Administrative assistance. 291j-2. Allocation among States. (a) Allotment regulations. (b) Reallotment. (c) Time of availability of amounts for subsequent allotment. (d) Modernization or construction commenced on or after January 1, 1968. 291j-3. Applications and conditions. (a) Contents of applications. (b) Conditions for approval. (c) Hearing. (d) Amendment of approved applications. (e) Recovery rights; terms and conditions. (f) Incontestable guarantee. 291j-4. Payment of interest on guaranteed loans. 291j-5. Limitation on amounts of loans guaranteed or directly made. 291j-6. Loan guarantee and loan fund. 291j-7. Loans to public facilities. (a) Interest rates; security; equitable geographical distribution. (b) Sale. (c) Agreements. (d) Right of recovery; waiver. (e) Interest and interest subsidies as gross income under Internal Revenue Code. (f) Sales proceeds; deposit and use. (g) Authorization of appropriations. PART C - CONSTRUCTION OR MODERNIZATION OF EMERGENCY ROOMS 291j-8. Authorization of appropriations. 291j-9. Eligibility for grants. 291j-10. Payments. PART D - GENERAL PROVISIONS 291k. Federal Hospital Council. (a) Membership; qualifications. (b) Term of membership. (c) Meetings; annual or by call of Surgeon General. (d) Advisory or technical committees. 291l. Conference of State agencies. 291m. State control of operations. 291m-1. Loans for certain hospital experimentation projects. (a) Other public or private sources unavailable for alleviation of hardship due to increased construction costs. (b) Application; form; information. (c) Interest; repayment period. (d) Authorization of appropriation. 291n, 291n-1. Repealed or Omitted. 291o. Definitions. 291o-1. Financial statements. SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION PART A - STUDENT LOANS SUBPART I-INSURED HEALTH EDUCATION ASSISTANCE LOANS TO GRADUATE STUDENTS 292. Statement of purpose. 292a. Scope and duration of loan insurance program. (a) In general. (b) Certain limitations and priorities. (c) Authority of Student Loan Marketing Association. 292b. Limitations on individual insured loans and on loan insurance. (a) In general. (b) Extent of insurance liability. 292c. Sources of funds. 292d. Eligibility of borrowers and terms of insured loans. (a) In general. (b) Limitation on rate of interest. (c) Minimum annual payment by borrower. (d) Applicability of certain laws on rate or amount of interest. (e) Determination regarding forbearance. (f) Loan repayment schedule. (g) Rule of construction regarding determination of need of students. (h) Definitions. 292e. Certificate of loan insurance; effective date of insurance. (a) In general. (b) Authority regarding comprehensive insurance coverage. (c) Assignment of insurance rights. (d) Effect of refinancing or consolidation of obligations. (e) Rule of construction regarding consolidation of debts and refinancing. 292f. Default of borrower. (a) Conditions for payment to beneficiary. (b) Subrogation. (c) Forbearance. (d) Reasonable care and diligence regarding loans. (e) Definitions. (f) Reductions in Federal reimbursements or payments for defaulting borrowers. (g) Conditions for discharge of debt in bankruptcy. (h) Requirement regarding actions for default. (i) Inapplicability of Federal and State statute of limitations on actions for loan collection. (j) School collection assistance. 292g. Risk-based premiums. (a) Authority. (b) Assessment of premium. (c) Reduction of risk-based premium. (d) Administrative waivers. (e) Payoff to reduce risk category. 292h. Office for Health Education Assistance Loan Default Reduction. (a) Establishment. (b) Purpose and functions. (c) Additional duties. (d) Allocation of funds for Office. 292i. Insurance account. (a) In general. (b) Contingent authority for issuance of notes or other obligations. 292j. Powers and responsibilities of Secretary. (a) In general. (b) Annual budget; accounts. 292k. Participation by Federal credit unions in Federal, State, and private student loan insurance programs. 292l. Determination of eligible students. 292m. Repayment by Secretary of loans of deceased or disabled borrowers. 292n. Additional requirements for institutions and lenders. (a) In general. (b) Recording by institution of information on students. (c) Workshop for student borrowers. 292o. Definitions. 292p. Authorization of appropriations. (a) In general. (b) Availability of sums. SUBPART II - FEDERALLY-SUPPORTED STUDENT LOAN FUNDS 292q. Agreements for operation of school loan funds. (a) Fund agreements. (b) Requirements. (c) Failure of school to collect loans. 292r. Loan provisions. (a) Amount of loan. (b) Terms and conditions. (c) Repayment; exclusions from repayment period. (d) Cancellation of liability. (e) Rate of interest. (f) Security or endorsement. (g) Transferring and assigning loans. (h) Charge with respect to insurance for certain cancellations. (i) Charge with respect to late payments. (j) Authority of schools regarding rate of payment. (k) Authority regarding repayments by Secretary. (l) Collection efforts by Secretary. (m) Elimination of statute of limitation for loan collections. 292s. Medical schools and primary health care. (a) Requirements for students. (b) Requirements for schools. (c) Definitions. 292t. Individuals from disadvantaged backgrounds. (a) Fund agreements regarding certain amounts. (b) Minimum qualifications for schools. (c) Certain agreements regarding education of students; date certain for compliance. (d) Availability of other amounts. (e) "Disadvantaged" defined. (f) Authorization of appropriations. 292u. Administrative provisions. 292v. Provision by schools of information to students. (a) In general. (b) Statement regarding loan. 292w. Procedures for appeal of termination of agreements. 292x. Distribution of assets from loan funds. (a) Distribution after termination of fund. (b) Payment of proportionate share to Secretary. 292y. General provisions. (a) Date certain for applications. (b) Contingent reduction in allotments. (c) Allotment of excess funds. (d) Payment of installments to schools. (e) Disposition of funds returned to Secretary. (f) Funding for certain medical schools. PART B - HEALTH PROFESSIONS TRAINING FOR DIVERSITY 293. Centers of excellence. (a) In general. (b) Required use of funds. (c) Centers of excellence. (d) Designation as center of excellence. (e) Authority regarding Native American centers of excellence. (f) Duration of grant. (g) Definitions. (h) Funding. 293a. Scholarships for disadvantaged students. (a) In general. (b) Preference in providing scholarships. (c) Amount of award. (d) Definitions. 293b. Loan repayments and fellowships regarding faculty positions. (a) Loan repayments. (b) Fellowships. 293c. Educational assistance in the health professions regarding individuals from disadvantaged backgrounds. (a) In general. (b) Requirements for awards. (c) Equitable allocation of financial assistance. (d) Matching requirements. 293d. Authorization of appropriation. (a) Scholarships. (b) Loan repayments and fellowships. (c) Educational assistance in health professions regarding individuals from disadvantaged backgrounds. (d) Report. 293e. Grants for health professions education. (a) Grants for health professions education in health disparities and cultural competency. (b) Authorization of appropriations. PART C - TRAINING IN FAMILY MEDICINE, GENERAL INTERNAL MEDICINE, GENERAL PEDIATRICS, PHYSICIAN ASSISTANTS, GENERAL DENTISTRY, AND PEDIATRIC DENTISTRY 293j. Repealed. 293k. Family medicine, general internal medicine, general pediatrics, general dentistry, pediatric dentistry, and physician assistants. (a) Training generally. (b) Academic administrative units. (c) Priority. (d) Duration of award. (e) Funding. 293l. Advisory Committee on Training in Primary Care Medicine and Dentistry. (a) Establishment. (b) Composition. (c) Terms. (d) Duties. (e) Meetings and documents. (f) Compensation and expenses. (g) FACA. 293m to 293p. Repealed. PART D - INTERDISCIPLINARY, COMMUNITY-BASED LINKAGES 294. General provisions. (a) Collaboration. (b) Activities. 294a. Area health education centers. (a) Authority for provision of financial assistance. (b) Requirements for centers. (c) Certain provisions regarding funding. 294b. Health education and training centers. (a) In general. (b) Allocation of funds. 294c. Education and training relating to geriatrics. (a) Geriatric education centers. (b) Geriatric training regarding physicians and dentists. (c) Geriatric faculty fellowships. 294d. Quentin N. Burdick program for rural interdisciplinary training. (a) Grants. (b) Use of amounts. (c) Applications. (d) Definitions. 294e. Allied health and other disciplines. (a) In general. (b) Activities. 294f. Advisory Committee on Interdisciplinary, Community-Based Linkages. (a) Establishment. (b) Composition. (c) Terms. (d) Duties. (e) Meetings and documents. (f) Compensation and expenses. (g) FACA. 294g. Authorization of appropriations. (a) In general. (b) Allocation. (c) Obligation of certain amounts. PART E - HEALTH PROFESSIONS AND PUBLIC HEALTH WORKFORCE SUBPART 1 - HEALTH PROFESSIONS WORKFORCE INFORMATION AND ANALYSIS 294n. Health professions workforce information and analysis. (a) Purpose. (b) Grants or contracts. (c) Authorization of appropriations. 294o. Advisory Council on Graduate Medical Education. (a) Establishment; duties. (b) Composition. (c) Terms of appointed members. (d) Chair. (e) Quorum. (f) Vacancies. (g) Compensation. (h) Certain authorities and duties. (i) Requirement regarding reports. (j) Final report. (k) Termination. (l) Funding. 294p. Pediatric rheumatology. (a) In general. (b) Report to Congress. (c) Authorization of appropriations. SUBPART 2 - PUBLIC HEALTH WORKFORCE 295. General provisions. (a) In general. (b) Eligibility. (c) Preference. (d) Activities. (e) Traineeships. 295a. Public health training centers. (a) In general. (b) Eligible entities. (c) Certain requirements. 295b. Public health traineeships. (a) In general. (b) Certain requirements. 295c. Preventive medicine; dental public health. (a) In general. (b) Administration. 295d. Health administration traineeships and special projects. (a) In general. (b) Relevant programs. (c) Preference in making grants. (d) Certain provisions regarding traineeships. 295e. Authorization of appropriations. (a) In general. (b) Limitation regarding certain program. PART F - GENERAL PROVISIONS 295j. Preferences and required information in certain programs. (a) Preferences in making awards. (b) "Graduate" defined. (c) Exceptions for new programs. 295k. Health professions data. (a) In general. (b) Certain authorities and requirements. (d) Reports to Congress. (e) Requirements regarding personal data. (g) Technical assistance. (h) Grants and contracts regarding nonprofit entities. 295l. Repealed. 295m. Prohibition against discrimination on basis of sex. 295n. Repealed. 295n-1. Application. (a) In general. (b) Plan. (c) Performance outcome standards. (d) Linkages. 295n-2. Use of funds. (a) In general. (b) Maintenance of effort. 295o. Matching requirement. 295o-1. Generally applicable provisions. (a) Awarding of grants and contracts. (b) Eligible entities. (c) Information requirements. (d) Training programs. (e) Duration of assistance. (f) Peer review regarding certain programs. (g) Preference or priority considerations. (h) Analytic activities. (i) Osteopathic schools. 295o-2. Technical assistance. 295p. Definitions. SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT PART A - GENERAL PROVISIONS 296. Definitions. 296a. Application. (a) In general. (b) Plan. (c) Performance outcome standards. (d) Linkages. 296b. Use of funds. (a) In general. (b) Maintenance of effort. 296c. Matching requirement. 296d. Preference. 296e. Generally applicable provisions. (a) Awarding of grants and contracts. (b) Information requirements. (c) Training programs. (d) Duration of assistance. (e) Peer review regarding certain programs. (f) Analytic activities. (g) State and regional priorities. (h) Filing of applications. 296e-1. Grants for health professions education. (a) Grants for health professions education in health disparities and cultural competency. (b) Authorization of appropriations. 296f. Technical assistance. 296g. Prohibition against discrimination by schools on basis of sex. PART B - NURSE PRACTITIONERS, NURSE MIDWIVES, NURSE ANESTHETISTS, AND OTHER ADVANCED EDUCATION NURSES 296j. Advanced education nursing grants. (a) In general. (b) Definition of advanced education nurses. (c) Authorized nurse practitioner and nurse midwifery programs. (d) Authorized nurse anesthesia programs. (e) Other authorized educational programs. (f) Traineeships. PART C - INCREASING NURSING WORKFORCE DIVERSITY 296m. Workforce diversity grants. (a) In general. (b) Guidance. (c) Required information and conditions for award recipients. PART D - STRENGTHENING CAPACITY FOR BASIC NURSE EDUCATION AND PRACTICE 296p. Nurse education, practice, and retention grants. (a) Education priority areas. (b) Practice priority areas. (c) Retention priority areas. (d) Other priority areas. (e) Preference. (f) Report. (g) Eligible entity. (h) Authorization of appropriations. PART E - STUDENT LOANS 297a. Student loan fund. (a) Agreements to establish and operate fund authorized. (b) Provisions of agreements. (c) Regulatory standards applicable to collection of loans. 297b. Loan provisions. (a) Maximum amount per individual per year; preference to first year students. (b) Terms and conditions. (c) Cancellation. (d) Installments. (e) Availability to eligible students in need. (f) Penalty for late payment. (g) Minimum monthly repayment. (h) Loan cancellation. (i) Loan repayment. (j) Collection by Secretary of loan in default; preconditions and procedures applicable. (k) Redesignated (j). (l) Elimination of statute of limitation for loan collections. 297c, 297c-1. Repealed. 297d. Allotments and payments of Federal capital contributions. (a) Application for allotment; reduction or adjustment of amount requested in application; reallotment; continued availability of funds. (b) Installment payment of allotments. (c) Manner of payment. 297e. Distribution of assets from loan funds. (a) Capital distribution of balance of loan fund. (b) Payment of principal or interest on loans. (c) Payment of balance of loan fund. 297f. Repealed. 297g. Modification of agreements; compromise, waiver or release. 297h. Repealed. 297i. Procedures for appeal of terminations. 297n. Loan repayment and scholarship programs. (a) In general. (b) Manner of payments. (c) Payment by due date. (d) Scholarship program. (e) Preferences regarding participants. (f) Condition of agreement. (g) Breach of agreement. (h) Reports. (i) Funding. 297n-1. Nurse faculty loan program. (a) Establishment. (b) Agreements. (c) Loan provisions. (d) Payment of proportionate share. (e) Review by Secretary. (f) Authorization of appropriations. PART F - FUNDING 297q. Funding. (a) Authorization of appropriations. (b) Allocations for fiscal years 1998 through 2002. (c) Allocations after fiscal year 2002. (d) Use of methodology before fiscal year 2003. (e) Authority for use of additional factors in methodology. PART G - NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE 297t. National Advisory Council on Nurse Education and Practice. (a) Establishment. (b) Composition. (c) Vacancies. (d) Duties. (e) Meetings and documents. (f) Compensation and expenses. (g) Funding. (h) FACA. PART H - PUBLIC SERVICE ANNOUNCEMENTS 297w. Public service announcements. (a) In general. (b) Method. (c) Authorization of appropriations. 297x. State and local public service announcements. (a) In general. (b) Use of funds. (c) Limitation. (d) Authorization of appropriations. PART I - COMPREHENSIVE GERIATRIC EDUCATION 298. Comprehensive geriatric education. (a) Program authorized. (b) Use of funds. (c) Application. (d) Eligible entity. (e) Authorization of appropriations. SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY PART A - ESTABLISHMENT AND GENERAL DUTIES 299. Mission and duties. (a) In general. (b) Mission. (c) Requirements with respect to rural and inner-city areas and priority populations. 299a. General authorities. (a) In general. (b) Health services training grants. (c) Multidisciplinary centers. (d) Relation to certain authorities regarding social security. (e) Disclaimer. (f) Rule of construction. 299a-1. Research on health disparities. (a) In general. (b) Research and demonstration projects. (c) Quality measurement development. (d) Definition. PART B - HEALTH CARE IMPROVEMENT RESEARCH 299b. Health care outcome improvement research. (a) Evidence rating systems. (b) Health care improvement research centers and provider-based research networks. 299b-1. Private-public partnerships to improve organization and delivery. (a) Support for efforts to develop information on quality. (b) Centers for education and research on therapeutics. (c) Reducing errors in medicine. 299b-2. Information on quality and cost of care. (a) In general. (b) Quality and outcomes information. 299b-3. Information systems for health care improvement. (a) In general. (b) Demonstration. (c) Facilitating public access to information. 299b-4. Research supporting primary care and access in underserved areas. (a) Preventive Services Task Force. (b) Primary care research. 299b-4a. Studies on preventive interventions in primary care for older Americans. (a) Studies. (b) Mission statement. (c) Report. 299b-5. Health care practice and technology innovation. (a) In general. (b) Specification of process. (c) Specific assessments. (d) Medical examination of certain victims. 299b-6. Coordination of Federal Government quality improvement efforts. (a) Requirement. (b) Study by the Institute of Medicine. PART C - GENERAL PROVISIONS 299c. Advisory Council for Healthcare Research and Quality. (a) Establishment. (b) Duties. (c) Membership. (d) Terms. (e) Vacancies. (f) Chair. (g) Meetings. (h) Compensation and reimbursement of expenses. (i) Staff. (j) Duration. 299c-1. Peer review with respect to grants and contracts. (a) Requirement of review. (b) Approval as precondition of awards. (c) Establishment of peer review groups. (d) Authority for procedural adjustments in certain cases. (e) Regulations. 299c-2. Certain provisions with respect to development, collection, and dissemination of data. (a) Standards with respect to utility of data. (b) Statistics and analyses. (c) Authority regarding certain requests. 299c-3. Dissemination of information. (a) In general. (b) Prohibition against restrictions. (c) Limitation on use of certain information. (d) Penalty. 299c-4. Additional provisions with respect to grants and contracts. (a) Financial conflicts of interest. (b) Requirement of application. (c) Provision of supplies and services in lieu of funds. (d) Applicability of certain provisions with respect to contracts. 299c-5. Certain administrative authorities. (a) Deputy director and other officers and employees. (b) Facilities. (c) Provision of financial assistance. (d) Utilization of certain personnel and resources. (e) Consultants. (f) Experts. (g) Voluntary and uncompensated services. 299c-6. Funding. (a) Intent. (b) Authorization of appropriations. (c) Evaluations. (d) Health disparities research. 299c-7. Definitions. SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING PROGRAMS 300. Project grants and contracts for family planning services. (a) Authority of Secretary. (b) Factors determining awards; establishment and preservation of rights of local and regional entities. (c) Reduction of grant amount. (d) Authorization of appropriations. 300a. Formula grants to States for family planning services. (a) Authority of Secretary; prerequisites. (b) Factors determining amount of State allotments. (c) "State" defined. (d) Authorization of appropriations. 300a-1. Training grants and contracts; authorization of appropriations. 300a-2. Conduct, etc., of research activities. 300a-3. Informational and educational materials development grants and contracts; authorization of appropriations. 300a-4. Grants and contracts. (a) Promulgation of regulations governing execution; amount of grants. (b) Payment of grants. (c) Prerequisites; "low-income family" defined. (d) Suitability of informational or educational materials. 300a-5. Voluntary participation by individuals; participation not prerequisite for eligibility or receipt of other services and information. 300a-6. Prohibition against funding programs using abortion as family planning method. 300a-6a. Repealed. 300a-7. Sterilization or abortion. (a) Omitted. (b) Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral convictions. (c) Discrimination prohibition. (d) Individual rights respecting certain requirements contrary to religious beliefs or moral convictions. (e) Prohibition on entities receiving Federal grant, etc., from discriminating against applicants for training or study because of refusal of applicant to participate on religious or moral grounds. 300a-8. Penalty for United States, etc., officer or employee coercing or endeavoring to coerce procedure upon beneficiary of Federal program. SUBCHAPTER VIII-A - ADOLESCENT PREGNANCIES PART A - GRANT PROGRAM 300a-21 to 300a-29. Repealed or Omitted. PART B - IMPROVING COORDINATION OF FEDERAL AND STATE PROGRAMS 300a-41. Repealed. SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN INFANT DEATH SYNDROME PART A - GENETIC DISEASES 300b. Repealed. 300b-1. Research project grants and contracts. 300b-2. Voluntary participation by individuals. 300b-3. Application; special consideration to prior sickle cell anemia grant recipients. (a) Manner of submission; contents. (b) Considerations for grants and contracts under section 300b-1 of this title. 300b-4. Public Health Service facilities. 300b-5. Repealed. 300b-6. Applied technology. 300b-7. Tourette Syndrome. (a) In general. (b) Certain activities. (c) Authorization of appropriations. 300b-8. Improved newborn and child screening for heritable disorders. (a) In general. (b) Use of funds. (c) Eligible entities. (d) Limitation. (e) Voluntary participation. (f) Supplement not supplant. (g) Publication. (h) Technical assistance. (i) Authorization of appropriations. 300b-9. Evaluating the effectiveness of newborn and child screening programs. (a) In general. (b) Demonstration programs. (c) Eligible entities. 300b-10. Advisory Committee on Heritable Disorders in Newborns and Children. (a) Establishment. (b) Duties. (c) Membership. PART B - SUDDEN INFANT DEATH SYNDROME 300c-11. Repealed. 300c-12. Sudden infant death syndrome research and research reports. (a) Adequate amounts for identification and prevention progress. (b) Reports to Congressional committees; contents: data as to applications and funds for specific and general research, summary of findings and plan for taking advantage of research leads and findings. (c) Reports to Congressional committees; current and past estimates for research. PART C - HEMOPHILIA PROGRAMS 300c-21. Repealed. 300c-22. Blood-separation centers. (a) Grants and contracts with public and nonprofit private entities for projects to develop and expand existing facilities; definitions. (b) Grants for alleviation of insufficient supplies of blood fractions. (c) Approval of application as prerequisite for grant or contract; form, manner of submission, and contents of application. (d) Nonapplicability of statutory provisions to contracts. (e) Authorization of appropriations. SUBCHAPTER X - TRAUMA CARE PART A - GENERAL AUTHORITY AND DUTIES OF SECRETARY 300d. Establishment. (a) In general. (b) Grants, cooperative agreements, and contracts. (c) Administration. 300d-1. Repealed. 300d-2. Clearinghouse on Trauma Care and Emergency Medical Services. (a) Establishment. (b) Duties. (c) Fees and assessments. 300d-3. Establishment of programs for improving trauma care in rural areas. (a) In general. (b) Special consideration for certain rural areas. (c) Requirement of application. PART B - FORMULA GRANTS WITH RESPECT TO MODIFICATIONS OF STATE PLANS 300d-11. Establishment of program. (a) Requirement of allotments for States. (b) Purpose. 300d-12. Requirement of matching funds for fiscal years subsequent to first fiscal year of payments. (a) Non-Federal contributions. (b) Determination of amount of non-Federal contribution. 300d-13. Requirements with respect to carrying out purpose of allotments. (a) Trauma care modifications to State plan for emergency medical services. (b) Certain standards with respect to trauma care centers and systems. (c) Model trauma care plan. (d) Rule of construction with respect to number of designated trauma centers. 300d-14. Requirement of submission to Secretary of trauma plan and certain information. (a) Trauma plan. (b) Information received by State reporting and analysis system. (c) Availability of emergency medical services in rural areas. 300d-15. Restrictions on use of payments. (a) In general. (b) Exception. 300d-16. Requirement of reports by States. (a) In general. (b) Availability to public of reports. (c) Evaluations by Comptroller General. 300d-17. Requirement of submission of application containing certain agreements and assurances. 300d-18. Determination of amount of allotment. (a) Minimum allotment. (b) Determination under formula. (c) Disposition of certain funds appropriated for allotments. 300d-19. Failure to comply with agreements. (a) Repayment of payments. (b) Opportunity for hearing. 300d-20. Prohibition against certain false statements. (a) In general. (b) Criminal penalty for violation of prohibition. 300d-21. Technical assistance and provision by Secretary of supplies and services in lieu of grant funds. (a) Technical assistance. (b) Provision by Secretary of supplies and services in lieu of grant funds. 300d-22. Report by Secretary. PART C - GENERAL PROVISIONS REGARDING PARTS A AND B 300d-31. Definitions. 300d-32. Funding. (a) Authorization of appropriations. (b) Allocation of funds by Secretary. (c) Effect of insufficient appropriations for minimum allotments. 300d-33. Repealed. PART D - TRAUMA CENTERS OPERATING IN AREAS SEVERELY AFFECTED BY DRUG-RELATED VIOLENCE 300d-41. Grants for certain trauma centers. (a) In general. (b) Minimum qualifications of centers. 300d-42. Preferences in making grants. (a) In general. (b) Further preference for certain applications. 300d-43. Certain agreements. (a) Commitment regarding continued participation in trauma care system. (b) Maintenance of financial support. (c) Trauma care registry. 300d-44. General provisions. (a) Application. (b) Limitation on duration of support. (c) Limitation on amount of grant. 300d-45. Authorization of appropriations. PART E - MISCELLANEOUS PROGRAMS 300d-51. Residency training programs in emergency medicine. (a) In general. (b) Identification and referral of domestic violence. (c) Authorization of appropriations. 300d-52. State grants for projects regarding traumatic brain injury. (a) In general. (b) State advisory board. (c) Matching funds. (d) Application for grant. (e) Continuation of previously awarded demonstration projects. (f) Use of State grants. (g) Coordination of activities. (h) Report. (i) "Traumatic brain injury" defined. (j) Authorization of appropriations. 300d-53. State grants for protection and advocacy services. (a) In general. (b) Services provided. (c) Application. (d) Appropriations less than $2,700,000. (e) Appropriations of $2,700,000 or more. (f) Carryover. (g) Direct payment. (h) Annual report. (i) Authorization of appropriations. (j) Definitions. PART F - INTERAGENCY PROGRAM FOR TRAUMA RESEARCH 300d-61. Establishment of Program. (a) In general. (b) Plan for Program. (c) Participating agencies; coordination and collaboration. (d) Certain activities of Program. (e) Mechanisms of support. (f) Resources. (g) Coordinating Committee. (h) Definitions. (i) Authorization of appropriations. SUBCHAPTER XI - HEALTH MAINTENANCE ORGANIZATIONS 300e. Requirements of health maintenance organizations. (a) "Health maintenance organization" defined. (b) Manner of supplying basic and supplemental health services to members. (c) Organizational requirements. (d) Application of rules by certain health maintenance organizations. 300e-1. Definitions. 300e-2, 300e-3. Repealed. 300e-4. Loans and loan guarantees for initial operation costs. (a) Authority. (b) Limitations. (c) Source of loan funds. (d) Time limit on loans and loan guarantees. (e) Repealed. (f) Medically underserved populations. 300e-4a. Repealed. 300e-5. Application requirements. (a) Submission to and approval by Secretary required for making loans and loan guarantees. (b) Application contents. (c) Regulations. 300e-6. Administration of assistance programs. (a) Recordkeeping; audit and examination. (b) Report upon expiration of period. (c) Repealed. (d) Other entities considered health maintenance organizations. 300e-7. General provisions relating to loan guarantees and loans. (a) Conditions. (b) Application requirements. (c) Sale of loans. (d) Loan guarantee fund. (e) Loan fund. (f) Actions to protect interest of United States in event of default. 300e-8. Authorization of appropriations. 300e-9. Employees' health benefits plans. (a) Regulations; membership option. (b) Nondiscriminatory contributions for services; payroll deductions; effect on costs. (c) "Qualified health maintenance organization" defined. (d) Civil penalty; notice and presentation of views; review. (e) "Employer" defined. (f) Termination of payment for failure to comply. 300e-10. Restrictive State laws and practices. (a) Entities operating as health maintenance organizations. (b) Advertising. (c) Digest of State laws, regulations, and practices; legal consultative assistance. 300e-11. Continued regulation of health maintenance organizations. (a) Determination of deficiency. (b) Action by Secretary upon determination. 300e-12. Limitation on source of funding for health maintenance organizations. 300e-13. Repealed. 300e-14. Annual report. 300e-14a. Health services for Indians and domestic agricultural migratory and seasonal workers. 300e-15. Repealed. 300e-16. Training and technical assistance. (a) National Health Maintenance Organization Intern Program. (b) Technical assistance. (c) Amounts provided in advance in appropriation acts. 300e-17. Financial disclosure. (a) Financial information reported to Secretary. (b) "Party in interest" defined. (c) Information availability. (d) Evaluation of transactions. (e) Repealed. (f) Rates. (g) Annual financial statement. (h) Penalties. SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS PART A - DEFINITIONS 300f. Definitions. PART B - PUBLIC WATER SYSTEMS 300g. Coverage. 300g-1. National drinking water regulations. (a) National primary drinking water regulations; maximum contaminant level goals; simultaneous publication of regulations and goals. (b) Standards. (c) Secondary regulations; publication of proposed regulations; promulgation; amendments. (d) Regulations; public hearings; administrative consultations. (e) Science Advisory Board comments. 300g-2. State primary enforcement responsibility. (a) In general. (b) Regulations. (c) Interim primary enforcement authority. 300g-3. Enforcement of drinking water regulations. (a) Notice to State and public water system; issuance of administrative order; civil action. (b) Judicial determinations in appropriate Federal district courts; civil penalties; separate violations. (c) Notice to persons served. (d) Notice of noncompliance with secondary drinking water regulations. (e) State authority to adopt or enforce laws or regulations respecting drinking water regulations or public water systems unaffected. (f) Notice and public hearing; availability of recommendations transmitted to State and public water system. (g) Administrative order requiring compliance; notice and hearing; civil penalty; civil actions. (h) Consolidation incentive. (i) "Applicable requirement" defined. 300g-4. Variances. (a) Characteristics of raw water sources; specific treatment technique; notice to Administrator, reasons for variance; compliance, enforcement; approval or revision of schedules and revocation of variances; review of variances and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting variances or failing to prescribe schedules; State corrective action; authority of Administrator in a State without primary enforcement responsibility; alternative treatment techniques. (b) Enforcement of schedule or other requirement. (c) Applications for variances; regulations: reasonable time for acting. (d) "Treatment technique requirement" defined. (e) Small system variances. 300g-5. Exemptions. (a) Requisite findings. (b) Compliance schedule and implementation of control measures; notice and hearing; dates for compliance with schedule; compliance, enforcement; approval or revision of schedules and revocation of exemptions. (c) Notice to Administrator; reasons for exemption. (d) Review of exemptions and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting exemptions or failing to prescribe schedules; State corrective action. (e) "Treatment technique requirement" defined. (f) Authority of Administrator in a State without primary enforcement responsibility. (g) Applications for exemptions; regulations; reasonable time for acting. 300g-6. Prohibition on use of lead pipes, solder, and flux. (a) In general. (b) State enforcement. (c) Penalties. (d) "Lead free" defined. (e) Plumbing fittings and fixtures. 300g-7. Monitoring of contaminants. (a) Interim monitoring relief authority. (b) Permanent monitoring relief authority. (c) Treatment as NPDWR. (d) Other monitoring relief. 300g-8. Operator certification. (a) Guidelines. (b) State programs. (c) Existing programs. (d) Expense reimbursement. 300g-9. Capacity development. (a) State authority for new systems. (b) Systems in significant noncompliance. (c) Capacity development strategy. (d) Federal assistance. (e) Variances and exemptions. (f) Small public water systems technology assistance centers. (g) Environmental finance centers. PART C - PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER 300h. Regulations for State programs. (a) Publication of proposed regulations; promulgation; amendments; public hearings; administrative consultations. (b) Minimum requirements; restrictions. (c) Temporary permits; notice and hearing. (d) "Underground injection" defined; underground injection endangerment of drinking water sources. 300h-1. State primary enforcement responsibility. (a) List of States in need of a control program; amendment of list. (b) State applications; notice to Administrator of compliance with revised or added requirements; approval or disapproval by Administrator; duration of State primary enforcement responsibility; public hearing. (c) Program by Administrator for State without primary enforcement responsibility; restrictions. (d) "Applicable underground injection control program" defined. (e) Primary enforcement responsibility by Indian Tribe. 300h-2. Enforcement of program. (a) Notice to State and violator; issuance of administrative order; civil action. (b) Civil and criminal actions. (c) Administrative orders. (d) State authority to adopt or enforce laws or regulations respecting underground injection unaffected. 300h-3. Interim regulation of underground injections. (a) Necessity for well operation permit; designation of one aquifer areas. (b) Well operation permits; publication in Federal Register; notice and hearing; issuance or denial; conditions for issuance. (c) Civil penalties; separate violations; penalties for willful violations; temporary restraining order or injunction. (d) "New underground injection well" defined. (e) Areas with one aquifer; publication in Federal Register; commitments for Federal financial assistance. 300h-4. Optional demonstration by States relating to oil or natural gas. (a) Approval of State underground injection control program; alternative showing of effectiveness of program by State. (b) Revision or amendment of requirements of regulation; showing of effectiveness of program by State. (c) Primary enforcement responsibility of State; voiding by Administrator under duly promulgated rule. 300h-5. Regulation of State programs. 300h-6. Sole source aquifer demonstration program. (a) Purpose. (b) "Critical aquifer protection area" defined. (c) Application. (d) Criteria. (e) Contents of application. (f) Comprehensive plan. (g) Plans under section 208 of Clean Water Act. (h) Consultation and hearings. (i) Approval or disapproval. (j) Grants and reimbursement. (k) Activities funded under other law. (l) Savings provision. (m) Authorization of appropriations. 300h-7. State programs to establish wellhead protection areas. (a) State programs. (b) Public participation. (c) Disapproval. (d) Federal assistance. (e) "Wellhead protection area" defined. (f) Prohibitions. (g) Implementation. (h) Federal agencies. (i) Additional requirement. (j) Coordination with other laws. (k) Authorization of appropriations. 300h-8. State ground water protection grants. (a) In general. (b) Guidance. (c) Conditions of grants. (d) Amount of grants. (e) Evaluations and reports. (f) Authorization of appropriations. PART D - EMERGENCY POWERS 300i. Emergency powers. (a) Actions authorized against imminent and substantial endangerment to health. (b) Penalties for violations; separate offenses. 300i-1. Tampering with public water systems. (a) Tampering. (b) Attempt or threat. (c) Civil penalty. (d) "Tamper" defined. 300i-2. Terrorist and other intentional acts. (a) Vulnerability assessments. (b) Emergency response plan. (c) Record maintenance. (d) Guidance to small public water systems. (e) Funding. 300i-3. Contaminant prevention, detection and response. (a) In general. (b) Funding. 300i-4. Supply disruption prevention, detection and response. (a) Disruption of supply or safety. (b) Alternative sources. (c) Requirements and considerations. (d) Information sharing. (e) Funding. PART E - GENERAL PROVISIONS 300j. Assurances of availability of adequate supplies of chemicals necessary for treatment of water. (a) Certification of need application. (b) Application requirements; publication in Federal Register; waiver; certification, issuance or denial. (c) Certification of need; issuance; executive orders; implementation of orders; equitable apportionment of orders; factors considered. (d) Breach of contracts; defense. (e) Penalties for noncompliance with orders; temporary restraining orders and preliminary or permanent injunctions. (f) Termination date. 300j-1. Research, technical assistance, information, training of personnel. (a) Specific powers and duties of Administrator. (b) Emergency situations. (c) Establishment of training programs and grants for training; training fees. (d) Authorization of appropriations. (e) Technical assistance. 300j-2. Grants for State programs. (a) Public water systems supervision programs; applications for grants; allotment of sums; waiver of grant restrictions; notice of approval or disapproval of application; authorization of appropriations. (b) Underground water source protection programs; applications for grants; allotment of sums; authorization of appropriations. (c) Definitions. (d) New York City watershed protection program. 300j-3. Special project grants and guaranteed loans. (a) Special study and demonstration project grants. (b) Limitations. (c) Authorization of appropriations. (d) Loan guarantees to public water systems; conditions; indebtedness limitation; regulations. 300j-3a. Grants to public sector agencies. (a) Assistance for development and demonstration projects. (b) Limitations. (c) Authorization of appropriations. 300j-3b. Contaminant standards or treatment technique guidelines. 300j-3c. National assistance program for water infrastructure and watersheds. (a) Technical and financial assistance. (b) Limitation. (c) Condition. (d) Authorization of appropriations. (e) Acquisition of lands. (f) Federal share. (g) Definitions. 300j-4. Records and inspections. (a) Provision of information to Administrator; monitoring program for unregulated contaminants. (b) Entry of establishments, facilities, or other property; inspections; conduct of certain tests; audit and examination of records; entry restrictions; prohibition against informing of a proposed entry. (c) Penalty. (d) Confidential information; trade secrets and secret processes; information disclosure; "information required under this section" defined. (e) "Grantee" and "person" defined. (f) Information regarding drinking water coolers. (g) Occurrence data base. (h) Availability of information on small system technologies. (i) Screening methods. 300j-5. National Drinking Water Advisory Council. (a) Establishment; membership; representation of interests; term of office, vacancies; reappointment. (b) Functions. (c) Compensation and allowances; travel expenses. (d) Advisory committee termination provision inapplicable. 300j-6. Federal agencies. (a) In general. (b) Administrative penalty orders. (c) Limitation on State use of funds collected from Federal Government. (d) Indian rights and sovereignty as unaffected; "Federal agency" defined. (e) Washington Aqueduct. 300j-7. Judicial review. (a) Courts of appeals; petition for review: actions respecting regulations; filing period; grounds arising after expiration of filing period; exclusiveness of remedy. (b) District courts; petition for review: actions respecting variances or exemptions; filing period; grounds arising after expiration of filing period; exclusiveness of remedy. (c) Judicial order for additional evidence before Administrator; modified or new findings; recommendation for modification or setting aside of original determination. 300j-8. Citizen's civil action. (a) Persons subject to civil action; jurisdiction of enforcement proceedings. (b) Conditions for commencement of civil action; notice. (c) Intervention of right. (d) Costs; attorney fees; expert witness fees; filing of bond. (e) Availability of other relief. 300j-9. General provisions. (a) Regulations; delegation of functions. (b) Utilization of officers and employees of Federal agencies. (c) Assignment of Agency personnel to State or interstate agencies. (d) Payments of grants; adjustments; advances; reimbursement; installments; conditions; eligibility for grants; "nonprofit agency or institution" defined. (e) Labor standards. (f) Appearance and representation of Administrator through Attorney General or attorney appointees. (g) Authority of Administrator under other provisions unaffected. (h) Reports to Congressional committees; review by Office of Management and Budget: submittal of comments to Congressional committees. (i) Discrimination prohibition; filing of complaint; investigation; orders of Secretary; notice and hearing; settlements; attorneys' fees; judicial review; filing of petition; procedural requirements; stay of orders; exclusiveness of remedy; civil actions for enforcement of orders; appropriate relief; mandamus proceedings; prohibition inapplicable to undirected but deliberate violations. 300j-10. Appointment of scientific, etc., personnel by Administrator of Environmental Protection Agency for implementation of responsibilities; compensation. 300j-11. Indian Tribes. (a) In general. (b) EPA regulations. 300j-12. State revolving loan funds. (a) General authority. (b) Intended use plans. (c) Fund management. (d) Assistance for disadvantaged communities. (e) State contribution. (f) Types of assistance. (g) Administration of State loan funds. (h) Needs survey. (i) Indian Tribes. (j) Other areas. (k) Other authorized activities. (l) Savings. (m) Authorization of appropriations. (n) Health effects studies. (o) Monitoring for unregulated contaminants. (p) Demonstration project for State of Virginia. (q) Small system technical assistance. (r) Evaluation. 300j-13. Source water quality assessment. (a) Source water assessment. (b) Approval and disapproval. 300j-14. Source water petition program. (a) Petition program. (b) Approval or disapproval of petitions. (c) Grants to support State programs. (d) Guidance. (e) Authorization of appropriations. (f) Statutory construction. 300j-15. Water conservation plan. (a) Guidelines. (b) Loans or grants. 300j-16. Assistance to colonias. (a) Definitions. (b) Grants to alleviate health risks. (c) Use of funds. (d) Cost sharing. (e) Authorization of appropriations. 300j-17. Estrogenic substances screening program. 300j-18. Drinking water studies. (a) Subpopulations at greater risk. (b) Biological mechanisms. (c) Studies on harmful substances in drinking water. (d) Waterborne disease occurrence study. PART F - ADDITIONAL REQUIREMENTS TO REGULATE SAFETY OF DRINKING WATER 300j-21. Definitions. 300j-22. Recall of drinking water coolers with lead-lined tanks. 300j-23. Drinking water coolers containing lead. (a) Publication of lists. (b) Prohibition. (c) Criminal penalty. (d) Civil penalty. 300j-24. Lead contamination in school drinking water. (a) Distribution of drinking water cooler list. (b) Guidance document and testing protocol. (c) Dissemination to schools, etc. (d) Remedial action program. 300j-25. Federal assistance for State programs regarding lead contamination in school drinking water. (a) School drinking water programs. (b) Limits. (c) Authorization of appropriations. 300j-26. Certification of testing laboratories. SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND CERVICAL CANCERS 300k. Establishment of program of grants to States. (a) In general. (b) Grant and contract authority of States. (c) Special consideration for certain States. (d) Coordinating committee regarding year 2000 health objectives. 300l. Requirement of matching funds. (a) In general. (b) Determination of amount of non-Federal contribution. 300l-1. Requirement regarding medicaid. 300m. Requirements with respect to type and quality of services. (a) Requirement of provision of all services by date certain. (b) Use of improved screening procedures. (c) Quality assurance regarding screening procedures. 300n. Additional required agreements. (a) Priority for low-income women. (b) Limitation on imposition of fees for services. (c) Statewide provision of services. (d) Relationship to items and services under other programs. (e) Coordination with other breast and cervical cancer programs. (f) Limitation on administrative expenses. (g) Restrictions on use of grant. (h) Records and audits. (i) Reports to Secretary. 300n-1. Description of intended uses of grant. 300n-2. Requirement of submission of application. 300n-3. Technical assistance and provision of supplies and services in lieu of grant funds. (a) Technical assistance. (b) Provision of supplies and services in lieu of grant funds. 300n-4. Evaluations and reports. (a) Evaluations. (b) Report to Congress. 300n-4a. Supplemental grants for additional preventive health services. (a) Demonstration projects. (b) Status as participant in program regarding breast and cervical cancer. (c) Applicability of provisions of general program. (d) Funding. 300n-5. Funding for general program. (a) Authorization of appropriations. (b) Set-aside for technical assistance and provision of supplies and services. SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT 300o to 300p-3. Repealed. PART A - LOANS AND LOAN GUARANTEES 300q. Loan and loan guarantee authority. (a) Covered projects: duration; payment of principal and interest on loans for covered projects: duration; payments for reduction of interest rate. (b) Amount of loans for medical facilities projects and such projects in urban or rural poverty areas. (c) Limitation on cumulative total of principal of outstanding loans. (d) Administrative assistance of Department of Housing and Urban Development. 300q-1. Repealed. 300q-2. General provisions. (a) Loan guarantees; criteria for approval; recovery of payments by United States; modification, etc., of terms and conditions; incontestability. (b) Loans; criteria for approval; terms and conditions; waiver of recovery of payments by United States. (c) Sale of loans; authority; amount; agreements with purchasers; deposit of proceeds. (d) Loan and loan guarantee fund; establishment; amounts authorized to be appropriated; issuance, purchase, and sale of notes, obligations, etc.; interest rates; public debt transactions. (e) Transfers to and additional capitalization of loan and loan guarantee fund. (f) Default prevention measures; terms and conditions; implementation of reforms; foreclosures; protection of Federal interest on default. PART B - PROJECT GRANTS 300r. Grants for construction or modernization projects. (a) Authority; objectives; eligible grantees; maximum amounts; authorization of appropriations; availability of unobligated funds. (b) Projects for medically underserved populations; eligible grantees; maximum amounts; authorization of appropriations. PART C - GENERAL PROVISIONS 300s. General regulations. 300s-1. Medical facility project applications. (a) Submissions. (b) Form; required provisions; waiver; projects subject to requirements. 300s-1a. Recovery of expenditures under certain conditions. (a) Persons liable. (b) Notice to Secretary. (c) Amount of recovery; interest; interest period. (d) Waiver. (e) Lien. 300s-2. State supervision or control of operations of facilities receiving funds. 300s-3. Definitions. 300s-4. Reporting and audit requirements for recipients. (a) Filing of financial statement with appropriate State Agency; form and contents. (b) Maintenance of records; access to books, etc., for audit and examination. (c) Filing of financial statement with Secretary; form and contents. 300s-5. Availability of technical and other nonfinancial assistance to eligible applicants. 300s-6. Enforcement of assurances. PART D - AREA HEALTH SERVICES DEVELOPMENT FUNDS 300t. Development grants for health systems agencies. (a) Eligible recipients; purpose of grants. (b) Determination of amounts; maximum amounts. (c) Applications; submission and approval as prerequisite; form and contents. (d) Authorization of appropriations. PART E - PROGRAM TO ASSIST AND ENCOURAGE VOLUNTARY DISCONTINUANCE OF UNNEEDED HOSPITAL SERVICES AND CONVERSION OF UNNEEDED HOSPITAL SERVICES TO OTHER HEALTH SERVICES NEEDED BY COMMUNITY 300t-11. Grants and assistance for establishment of program. 300t-12. Grants for discontinuance and conversion. (a) Terms and conditions; determination of amount; authorized uses. (b) Application; submission and approval; form; required provisions; review by health systems agency; basis of State Agency's recommendations; urban or rural poverty population considerations; approval by Secretary: restrictions and special considerations. (c) Certification of protective arrangements for employment benefits and interests; guidelines; satisfactory arrangement determinations. (d) Records and audits requirements. (e) "Hospital" defined. 300t-13. Grants to States for reduction of excess hospital capacity. (a) "Excess hospital capacity" defined; particular activities. (b) Terms and conditions. 300t-14. Authorization of appropriations. SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION 300u. General authority of Secretary. (a) Development, support, and implementation of programs, activities, etc. (b) Authorization of appropriations. (c) Application; submission and approval as prerequisite; form and content. 300u-1. Grants and contracts for research programs; authority of Secretary; review of applications; additional functions; periodic public survey. 300u-2. Grants and contracts for community health programs. (a) Authority of Secretary; particular activities. (b) Grants to States and other public and nonprofit private entities; costs of demonstrating and evaluating programs; development of models. (c) Private nonprofit entities; limitation on amount of grant or contract. 300u-3. Grants and contracts for information programs; authority of Secretary; particular activities. 300u-4. Status reports to President and Congress; study of health education and preventive health services with respect to insurance coverage. 300u-5. Centers for research and demonstration of health promotion and disease prevention. (a) Establishment; grants; contracts; research and demonstration projects. (b) Location; types of research and projects. (c) Equitable geographic distribution of centers; procedures. (d) "Academic health center" defined. (e) Authorization of appropriations. 300u-6. Office of Minority Health. (a) In general. (b) Duties. (c) Advisory Committee. (d) Certain requirements regarding duties. (e) Grants and contracts regarding duties. (f) Reports. (g) Definitions. (h) Funding. 300u-7. Office of Adolescent Health. (a) In general. (b) Duties. (c) Certain demonstration projects. (d) Information clearinghouse. (e) National plan. (f) Adolescent health. 300u-8. Biennial report regarding nutrition and health. (a) Biennial report. (b) Submission to Congress. 300u-9. Education regarding DES. (a) In general. (b) Authorization of appropriations. SUBCHAPTER XVI - PRESIDENT'S COMMISSION FOR THE STUDY OF ETHICAL PROBLEMS IN MEDICINE AND BIOMEDICAL AND BEHAVIOR RESEARCH 300v. Commission. (a) Establishment; composition; appointment of members; vacancies. (b) Terms of members. (c) Chairman. (d) Meetings. (e) Compensation; travel expenses, etc. 300v-1. Duties of Commission. (a) Studies and investigations; priority and order; report to President and Congress. (b) Recommendations to agencies; subsequent administrative requirements. (c) Report on protection of human subjects; scope; submission to President, etc. (d) Annual report; scope; submission to President, etc. (e) Publication and dissemination of reports. (f) Definitions. 300v-2. Administrative provisions. (a) Hearings. (b) Appointment and compensation of staff personnel; procurement and compensation of temporary and intermittent services; detail of personnel from other Federal agencies. (c) Contracting authority. (d) Informational requirements and prohibitions. (e) Support services from Administrator of General Services. 300v-3. Authorization of appropriations; termination of Commission. SUBCHAPTER XVII - BLOCK GRANTS PART A - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS 300w. Authorization of appropriations. 300w-1. Allotments. (a) Availability based upon prior year distributions. (b) Population. (c) Distribution of appropriated funds not allotted. (d) Distributions to Indian tribes. (e) Report on equitable distribution of available funds. 300w-2. Payments under allotments to States. 300w-3. Use of allotments. (a) Preventive health services, comprehensive public health services, emergency medical services, etc. (b) Prohibited uses. (c) Transfer of funds. (d) Limitation on administrative costs. 300w-4. Application for payments; State plan. (a) In general. (b) State plan. (c) State certification. (d) State Advisory Committee. 300w-5. Reports, data, and audits. (a) Annual reports; contents; data collection; copies. (b) Fiscal control; accounting procedures; annual audits; repayments and offsets; public inspection; Comptroller General evaluations; report to Congress. (c) Inapplicability of title XVII of Omnibus Budget Reconciliation Act of 1981. 300w-6. Withholding of funds. (a) Prerequisites. (b) Investigations. (c) Availability of books, documents, papers, and records. (d) Information not readily available. 300w-7. Nondiscrimination provisions. (a) Programs and activities receiving Federal financial assistance. (b) Failure to comply. (c) Civil actions by Attorney General. 300w-8. Criminal penalty for false statements. 300w-9. Emergency medical services for children. (a) Grant authority. (b) Renewals. (c) Definitions. (d) Authorization of appropriations. 300w-10. Repealed. PART B - BLOCK GRANTS REGARDING MENTAL HEALTH AND SUBSTANCE ABUSE SUBPART I - BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES 300x. Formula grants to States. (a) In general. (b) Purpose of grants. 300x-1. State plan for comprehensive community mental health services for certain individuals. (a) In general. (b) Criteria for plan. (c) Definitions regarding mental illness and emotional disturbance; methods for estimate of incidence and prevalence. (d) Requirement of implementation of plan. 300x-2. Certain agreements. (a) Allocation for systems of integrated services for children. (b) Providers of services. (c) Criteria for mental health centers. 300x-3. State mental health planning council. (a) In general. (b) Duties. (c) Membership. (d) "Council" defined. 300x-4. Additional provisions. (a) Review of State plan by mental health planning council. (b) Maintenance of effort regarding State expenditures for mental health. 300x-5. Restrictions on use of payments. (a) In general. (b) Limitation on administrative expenses. 300x-6. Application for grant. (a) In general. (b) Waivers regarding certain territories. 300x-7. Determination of amount of allotment. (a) States. (b) Minimum allotments for States. (c) Territories. 300x-8. Definitions. 300x-9. Funding. (a) Authorization of appropriations. (b) Allocations for technical assistance, data collection, and program evaluation. SUBPART II - BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE 300x-21. Formula grants to States. (a) In general. (b) Authorized activities. 300x-22. Certain allocations. (a) Allocation regarding primary prevention programs. (b) Allocations regarding women. 300x-23. Intravenous substance abuse. (a) Capacity of treatment programs. (b) Outreach regarding intravenous substance abuse. 300x-24. Requirements regarding tuberculosis and human immunodeficiency virus. (a) Tuberculosis. (b) Human immunodeficiency virus. (c) Expenditure of grant for compliance with agreements. (d) Maintenance of effort. (e) Applicability of certain provision. 300x-25. Group homes for recovering substance abusers. (a) State revolving funds for establishment of homes. (b) Issuance by Secretary of guidelines. (c) Applicability to territories. 300x-26. State law regarding sale of tobacco products to individuals under age of 18. (a) Relevant law. (b) Enforcement. (c) Noncompliance of State. (d) "First applicable fiscal year" defined. 300x-27. Treatment services for pregnant women. (a) In general. (b) Referrals regarding States. 300x-28. Additional agreements. (a) Improvement of process for appropriate referrals for treatment. (b) Continuing education. (c) Coordination of various activities and services. (d) Waiver of requirement. 300x-29. Submission to Secretary of statewide assessment of needs. 300x-30. Maintenance of effort regarding State expenditures. (a) In general. (b) Exclusion of certain funds. (c) Waiver. (d) Noncompliance by State. 300x-31. Restrictions on expenditure of grant. (a) In general. (b) Exception regarding inpatient hospital services. (c) Waiver regarding construction of facilities. 300x-32. Application for grant; approval of State plan. (a) In general. (b) State plan. (c) Waivers regarding certain territories. (d) Issuance of regulations; precondition to making grants. (e) Waiver authority for certain requirements. 300x-33. Determination of amount of allotment. (a) States. (b) Minimum allotments for States. (c) Territories. (d) Indian tribes and tribal organizations. 300x-34. Definitions. 300x-35. Funding. (a) Authorization of appropriations. (b) Allocations for technical assistance, national data base, data collection, and program evaluations. SUBPART III - GENERAL PROVISIONS 300x-51. Opportunity for public comment on State plans. 300x-52. Requirement of reports and audits by States. (a) Report. (b) Audits. (c) Availability to public. 300x-53. Additional requirements. (a) In general. (b) Patient records. 300x-54. Disposition of certain funds appropriated for allotments. (a) In general. (b) Specification of amounts. 300x-55. Failure to comply with agreements. (a) Suspension or termination of payments. (b) Repayment of payments. (c) Withholding of payments. (d) Applicability of remedies to certain violations. (e) Opportunity for hearing. (f) Requirement of hearing in certain circumstances. (g) Certain investigations. 300x-56. Prohibitions regarding receipt of funds. (a) Establishment. (b) Criminal penalty for violation of prohibition. 300x-57. Nondiscrimination. (a) In general. (b) Enforcement. 300x-58. Technical assistance and provision of supplies and services in lieu of grant funds. (a) Technical assistance. (b) Provision of supplies and services in lieu of grant funds. 300x-59. Plans for performance partnerships. (a) Development. (b) Submission. (c) Information. (d) Participants. 300x-60. Rule of construction regarding delegation of authority to States. 300x-61. Solicitation of views of certain entities. 300x-62. Availability to States of grant payments. 300x-63. Continuation of certain programs. (a) In general. (b) Expenditure of amounts. (c) Definitions. 300x-64. Definitions. (a) Definitions for this subpart. (b) Definitions for this part. 300x-65. Services provided by nongovernmental organizations. (a) Purposes. (b) Religious organizations included as nongovernmental providers. (c) Religious character and independence. (d) Employment practices. (e) Rights of beneficiaries of assistance. (f) Nondiscrimination against beneficiaries. (g) Fiscal accountability. (h) Compliance. (i) Limitations on use of funds for certain purposes. (j) Effect on State and local funds. (k) Treatment of intermediate contractors. 300x-66. Services for individuals with co-occurring disorders. PART C - CERTAIN PROGRAMS REGARDING MENTAL HEALTH AND SUBSTANCE ABUSE SUBPART I - DATA INFRASTRUCTURE DEVELOPMENT 300y. Data infrastructure development. (a) In general. (b) Projects. (c) Condition of receipt of funds. (d) Matching requirement. (e) Duration of support. (f) Authorization of appropriation. SUBPART II - INTERIM MAINTENANCE TREATMENT OF NARCOTICS DEPENDENCE 300y-11. Interim maintenance treatment. (a) Requirement regarding Secretary. (b) Inapplicability of requirement in certain circumstances. (c) Conditions for obtaining authorization from Secretary. (d) Definitions. SUBCHAPTER XVIII - ADOLESCENT FAMILY LIFE DEMONSTRATION PROJECTS 300z. Findings and purposes. 300z-1. Definitions; regulations applicable. 300z-2. Demonstration projects; grant authorization, etc. 300z-3. Uses of grants for demonstration projects for services. (a) Covered projects. (b) Family planning services; availability in community. (c) Fees for services: criteria. 300z-4. Grants for demonstration projects for services. (a) Priorities. (b) Factors to be considered in making grants; special needs of rural areas. (c) Duration; Federal share. 300z-5. Requirements for applications. (a) Form, content, and assurances. (b) Evaluations: amount, conduct, and technical assistance. (c) Reports. (d) Notification of parents; "adult" defined. (e) Submission of applications to Governor; comments by Governor. (f) Availability of core services. 300z-6. Coordination of programs. 300z-7. Research. (a) Grants and contracts; duration; renewal; amount. (b) Scope of permissible activities. (c) Applications. (d) Coordination with National Institutes of Health. (e) Review of applications for grants and contracts; establishment of review panel. (f) Reports. 300z-8. Evaluation and administration. 300z-9. Authorization of appropriations. 300z-10. Restrictions. SUBCHAPTER XIX - VACCINES PART 1 - NATIONAL VACCINE PROGRAM 300aa-1. Establishment. 300aa-2. Program responsibilities. 300aa-3. Plan. 300aa-4. Repealed. 300aa-5. National Vaccine Advisory Committee. 300aa-6. Authorization of appropriations. PART 2 - NATIONAL VACCINE INJURY COMPENSATION PROGRAM SUBPART A - PROGRAM REQUIREMENTS 300aa-10. Establishment of program. (a) Program established. (b) Attorney's obligation. (c) Publicity. 300aa-11. Petitions for compensation. (a) General rule. (b) Petitioners. (c) Petition content. (d) Additional information. (e) Schedule. 300aa-12. Court jurisdiction. (a) General rule. (b) Parties. (c) United States Court of Federal Claims special masters. (d) Special masters. (e) Action by United States Court of Federal Claims. (f) Appeals. (g) Notice. 300aa-13. Determination of eligibility and compensation. (a) General rule. (b) Matters to be considered. (c) "Record" defined. 300aa-14. Vaccine Injury Table. (a) Initial table. (b) Qualifications and aids to interpretation. (c) Administrative revision of table. (d) Role of Commission. (e) Additional vaccines. 300aa-15. Compensation. (a) General rule. (b) Vaccines administered before effective date. (c) Residential and custodial care and service. (d) Types of compensation prohibited. (e) Attorneys' fees. (f) Payment of compensation. (g) Program not primarily liable. (h) Liability of health insurance carriers, prepaid health plans, and benefit providers. (i) Source of compensation. (j) Authorization. 300aa-16. Limitations of actions. (a) General rule. (b) Effect of revised table. (c) State limitations of actions. 300aa-17. Subrogation. (a) General rule. (b) Disposition of amounts recovered. 300aa-18. Repealed. 300aa-19. Advisory Commission on Childhood Vaccines. (a) Establishment. (b) Term of office. (c) Meetings. (d) Compensation. (e) Staff. (f) Functions. SUBPART B - ADDITIONAL REMEDIES 300aa-21. Authority to bring actions. (a) Election. (b) Continuance or withdrawal of petition. (c) Limitations of actions. 300aa-22. Standards of responsibility. (a) General rule. (b) Unavoidable adverse side effects; warnings. (c) Direct warnings. (d) Construction. (e) Preemption. 300aa-23. Trial. (a) General rule. (b) Liability. (c) General damages. (d) Punitive damages. (e) Evidence. SUBPART C - ASSURING A SAFER CHILDHOOD VACCINATION PROGRAM IN UNITED STATES 300aa-25. Recording and reporting of information. (a) General rule. (b) Reporting. (c) Release of information. 300aa-26. Vaccine information. (a) General rule. (b) Development and revision of materials. (c) Information requirements. (d) Health care provider duties. 300aa-27. Mandate for safer childhood vaccines. (a) General rule. (b) Task force. (c) Report. 300aa-28. Manufacturer recordkeeping and reporting. (a) General rule. (b) Sanction. SUBPART D - GENERAL PROVISIONS 300aa-31. Citizen's actions. (a) General rule. (b) Notice. (c) Costs of litigation. 300aa-32. Judicial review. 300aa-33. Definitions. 300aa-34. Termination of program. (a) Reviews. (b) Report. SUBCHAPTER XX - REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR CERTAIN STATE AND LOCAL EMPLOYEES 300bb-1. State and local governmental group health plans must provide continuation coverage to certain individuals. (a) In general. (b) Exception for certain plans. 300bb-2. Continuation coverage. 300bb-3. Qualifying event. 300bb-4. Applicable premium. 300bb-5. Election. (a) In general. (b) Temporary extension of COBRA election period for certain individuals. 300bb-6. Notice requirements. 300bb-7. Enforcement. 300bb-8. Definitions. SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY SYNDROME PART A - ADMINISTRATION OF RESEARCH PROGRAMS 300cc. Requirement of annual comprehensive report on all expenditures by Secretary with respect to acquired immune deficiency syndrome. (a) In general. (b) Inclusion of certain information. 300cc-1. Requirement of expediting awards of grants and contracts for research. (a) In general. (b) Time limitations with respect to certain applications. (c) Requirements with respect to adjustments in time limitations. (d) Annual reports to Congress. (e) Quarterly reports for fiscal year 1989. 300cc-2. Requirements with respect to processing of requests for personnel and administrative support. (a) In general. (b) Notice to Secretary and to Assistant Secretary for Health. (c) "Priority request" defined. 300cc-3. Establishment of Research Advisory Committee. (a) In general. (b) Composition. (c) Duties. PART B - RESEARCH AUTHORITY 300cc-11. Clinical evaluation units at National Institutes of Health. (a) In general. (b) Personnel and administrative support. (c) Authorization of appropriations. 300cc-12. Use of investigational new drugs with respect to acquired immune deficiency syndrome. (a) Encouragement of applications with respect to clinical trials. (b) Encouragement of applications with respect to treatment use in circumstances other than clinical trials. (c) Technical assistance with respect to treatment use. (d) "New drug" defined. 300cc-13. Terry Beirn Community-Based AIDS Research Initiative. (a) In general. (b) Requirement of certain projects. (c) Participation of private industry, schools of medicine and primary providers. (d) Requirement of application. (e) Authorization of appropriations. 300cc-14. Evaluation of certain treatments. (a) Establishment of program. (b) Authority with respect to grants and contracts. (c) Scientific and ethical guidelines. (d) Authorization of appropriations. 300cc-15. Support of international efforts. (a) Grants and contracts for research. (b) Grants and contracts for additional purposes. (c) Special Programme of World Health Organization. (d) Preferences. (e) Requirement of application. (f) Authorization of appropriations. 300cc-16. Research centers. (a) In general. (b) Use of financial assistance. (c) Duration of support. (d) Authorization of appropriations. 300cc-17. Information services. (a) Establishment of program. (b) Toll-free telephone communications for health care entities. (c) Data bank on research information. (d) Data bank on clinical trials and treatments. (e) Requirements with respect to data bank on clinical trials and treatments. 300cc-18. Development of model protocols for clinical care of infected individuals. (a) In general. (b) Requirement of provision of certain services. (c) Limitation on imposition of charges for services. (d) Evaluation and reports. (e) Authorization of appropriations. 300cc-19. National blood resource education program. 300cc-20. Additional authority with respect to research. (a) Data collection with respect to national prevalence. (b) Epidemiological and demographic data. (c) Long-term research. (d) Social sciences research. (e) Authorization of appropriations. PART C - RESEARCH TRAINING 300cc-31. Fellowships and training. (a) In general. (b) Programs conducted by National Institute of Mental Health. (c) Relationship to limitation on number of employees. (d) Authorization of appropriations. PART D - OFFICE OF AIDS RESEARCH SUBPART I - INTERAGENCY COORDINATION OF ACTIVITIES 300cc-40. Establishment of Office. (a) In general. (b) Duties. 300cc-40a. Advisory Council; coordinating committees. (a) Advisory Council. (b) Individual coordinating committees regarding research disciplines. 300cc-40b. Comprehensive plan for expenditure of appropriations. (a) In general. (b) Certain components of plan. (c) Budget estimates. (d) Funding. 300cc-41. Additional authorities. (a) In general. (b) Report to Secretary. (c) Projects for cooperation among public and private health entities. SUBPART II - EMERGENCY DISCRETIONARY FUND 300cc-43. Emergency Discretionary Fund. (a) In general. (b) Peer review. (c) Limitations on use of Fund. (d) Applicability of limitation regarding number of employees. (e) Report to Congress. (f) Definitions. (g) Funding. SUBPART III - GENERAL PROVISIONS 300cc-45. General provisions regarding Office. (a) Administrative support for Office. (b) Evaluation and report. (c) Definitions. PART E - GENERAL PROVISIONS 300cc-51. Definitions. SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY SYNDROME PART A - FORMULA GRANTS TO STATES FOR HOME AND COMMUNITY-BASED HEALTH SERVICES 300dd to 300dd-14. Repealed. PART B - SUBACUTE CARE 300dd-21. Demonstration projects. (a) Definitions. (b) Authorization to conduct three projects. (c) Services. (d) Time and place. (e) Evaluation and report. (f) Other research. (g) Authorization of appropriations. (h) Services to veterans. PART C - OTHER HEALTH SERVICES 300dd-31. Grants for anonymous testing. 300dd-32. Requirement of provision of certain counseling services. (a) Counseling before testing. (b) Counseling of individuals with negative test results. (c) Counseling of individuals with positive test results. (d) Rule of construction with respect to counseling without testing. (e) Use of funds. 300dd-33. Funding. 300dd-41. Transferred. SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME 300ee. Use of funds. (a) In general. (b) Contents of programs. (c) Limitation. (d) Construction. 300ee-1. Establishment of office with respect to minority health and acquired immune deficiency syndrome. 300ee-2. Information for health and public safety workers. (a) Development and dissemination of guidelines. (b) Use in occupational standards. (c) Development and dissemination of model curriculum for emergency response employees. 300ee-3. Continuing education for health care providers. (a) In general. (b) Limitation. (c) Requirement of matching funds. (d) Requirement of application. (e) Authorization of appropriations. 300ee-4. Technical assistance. 300ee-5. Use of funds to supply hypodermic needles or syringes for illegal drug use; prohibition. 300ee-6. Transferred. PART A - FORMULA GRANTS TO STATES 300ee-11. Establishment of program. (a) Allotments for States. (b) Purpose of grants. 300ee-12. Provisions with respect to carrying out purpose of grants. 300ee-13. Requirement of submission of application containing certain agreements and assurances. (a) In general. (b) Opportunity for public comment. 300ee-14. Restrictions on use of grant. (a) In general. (b) Limitation on administrative expenses. 300ee-15. Requirement of reports and audits by States. (a) Reports. (b) Audits. (c) Availability to public. (d) Evaluations by Comptroller General. 300ee-16. Additional required agreements. (a) In general. (b) "Significant percentage" defined. 300ee-17. Determination of amount of allotments for States. (a) Minimum allotment. (b) Determination of minimum allotment. (c) Determination under formula. (d) Disposition of certain funds appropriated for allotments. 300ee-18. Failure to comply with agreements. (a) Repayment of payments. (b) Withholding of payments. (c) Opportunity for hearing. (d) Prompt response to serious allegations. (e) Investigations. 300ee-19. Prohibition against certain false statements. (a) In general. (b) Criminal penalty for violation of prohibition. 300ee-20. Technical assistance and provision by Secretary of supplies and services in lieu of grant funds. (a) Technical assistance. (b) Provision by Secretary of supplies and services in lieu of grant funds. 300ee-21. Evaluations. 300ee-22. Report by Secretary. 300ee-23. Definition. 300ee-24. Funding. (a) Authorization of appropriations. (b) Availability to States. PART B - NATIONAL INFORMATION PROGRAMS 300ee-31. Availability of information to general public. (a) Comprehensive information plan. (b) Clearinghouse. (c) Toll-free telephone communications. 300ee-32. Public information campaigns. (a) In general. (b) Requirement of application. 300ee-33. Provision of information to underserved populations. (a) In general. (b) Preferences in making grants. 300ee-34. Authorization of appropriations. (a) In general. (b) Allocations. SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM 300ff. Purpose. 300ff-1. Prohibition on use of funds. PART A - EMERGENCY RELIEF FOR AREAS WITH SUBSTANTIAL NEED FOR SERVICES 300ff-11. Establishment of program of grants. (a) Eligible areas. (b) Requirement regarding confirmation of cases. (c) Requirements regarding population. (d) Continued status as eligible area. 300ff-12. Administration and planning council. (a) Administration. (b) HIV health services planning council. (c) Grievance procedures. (d) Process for establishing allocation priorities. (e) Training guidance and materials. 300ff-13. Type and distribution of grants. (a) Grants based on relative need of area. (b) Supplemental grants. (c) Compliance with priorities of HIV planning council. 300ff-14. Use of amounts. (a) Requirements. (b) Primary purposes. (c) Quality management. (d) Limited expenditures for personnel needs. (e) Requirement of status as medicaid provider. (f) Administration. (g) Construction. 300ff-15. Application. (a) In general. (b) Application. (c) Single application and grant award. (d) Date certain for submission. (e) Requirements regarding imposition of charges for services. 300ff-16. Technical assistance. 300ff-17. Definitions. 300ff-18. Repealed. PART B - CARE GRANT PROGRAM SUBPART I - GENERAL GRANT PROVISIONS 300ff-21. Grants. (a) In general. (b) Priority for women, infants, and children. 300ff-22. General use of grants. (a) In general. (b) Support services; outreach. (c) Early intervention services. (d) Quality management. 300ff-23. Grants to establish HIV care consortia. (a) Consortia. (b) Assurances. (c) Application. (d) "Family centered care" defined. (e) Priority. 300ff-24. Grants for home- and community-based care. (a) Uses. (b) Priority. (c) "Home- and community-based health services" defined. 300ff-25. Continuum of health insurance coverage. (a) In general. (b) Limitations. 300ff-26. Provision of treatments. (a) In general. (b) Eligible individual. (c) State duties. (d) Duties of Secretary. (e) Use of health insurance and plans. 300ff-27. State application. (a) In general. (b) Description of intended uses and agreements. (c) Requirements regarding imposition of charges for services. (d) Requirement of matching funds regarding State allotments. 300ff-27a. Spousal notification. (a) In general. (b) Definitions. 300ff-28. Distribution of funds. (a) Amount of grant to State. (b) Allocation of assistance by States. (c) Expedited distribution. (d) Reallocation. 300ff-29. Technical assistance. 300ff-30. Supplemental grants. (a) In general. (b) Eligibility. (c) Reporting requirements. (d) Definition of emerging community. (e) Funding. 300ff-31. Repealed. SUBPART II - PROVISIONS CONCERNING PREGNANCY AND PERINATAL TRANSMISSION OF HIV 300ff-33. CDC guidelines for pregnant women. (a) Requirement. (b) Noncompliance. (c) Additional funds regarding women and infants. 300ff-34. Perinatal transmission of HIV disease; contingent requirement regarding State grants under this part. (a) Annual determination of reported cases. (b) Causes of perinatal transmission. (c) CDC reporting system. 300ff-35, 300ff-36. Repealed. 300ff-37. State HIV testing programs established prior to or after May 20, 1996. 300ff-37a. Recommendations for reducing incidence of perinatal transmission. (a) Study by Institute of Medicine. (b) Progress toward recommendations. (c) Submission of reports to Congress. SUBPART III - CERTAIN PARTNER NOTIFICATION PROGRAMS 300ff-38. Grants for partner notification programs. (a) In general. (b) Description of compliant State programs. (c) Reporting system for cases of HIV disease; preference in making grants. (d) Authorization of appropriations. PART C - EARLY INTERVENTION SERVICES 300ff-41 to 300ff-50. Repealed. SUBPART I - CATEGORICAL GRANTS 300ff-51. Establishment of program. (a) In general. (b) Purposes of grants. (c) Participation in certain consortium. 300ff-52. Minimum qualifications of grantees. (a) In general. (b) Status as medicaid provider. 300ff-53. Preferences in making grants. (a) In general. (b) Specification of factors. (c) Equitable allocations. (d) Certain areas. 300ff-54. Miscellaneous provisions. (a) Services for individuals with hemophilia. (b) Technical assistance. (c) Planning and development grants. 300ff-55. Authorization of appropriations. SUBPART II - GENERAL PROVISIONS 300ff-61. Confidentiality and informed consent. (a) Confidentiality. (b) Informed consent. 300ff-62. Provision of certain counseling services. (a) Counseling before testing. (b) Counseling of individuals with negative test results. (c) Counseling of individuals with positive test results. (d) Additional requirements regarding appropriate counseling. (e) Counseling of emergency response employees. (f) Rule of construction regarding counseling without testing. 300ff-63. Applicability of requirements regarding confidentiality, informed consent, and counseling. 300ff-64. Additional required agreements. (a) Reports to Secretary. (b) Provision of opportunities for anonymous counseling and testing. (c) Prohibition against requiring testing as condition of receiving other health services. (d) Maintenance of support. (e) Requirements regarding imposition of charges for services. (f) Relationship to items and services under other programs. (g) Administration of grant. 300ff-65. Requirement of submission of application containing certain agreements and assurances. 300ff-66. Provision by Secretary of supplies and services in lieu of grant funds. (a) In general. (b) Limitation. 300ff-67. Use of funds. PART D - GENERAL PROVISIONS 300ff-71. Grants for coordinated services and access to research for women, infants, children, and youth. (a) In general. (b) Provisions regarding participation in research. (c) Provisions regarding conduct of research. (d) Additional services for patients and families. (e) Coordination with other entities. (f) Administration. (g) Coordination with National Institutes of Health. (h) Annual review of programs; evaluations. (i) Limitation on administrative expenses. (j) Training and technical assistance. (k) Authorization of appropriations. 300ff-72. Provisions relating to blood banks. (a) Informational and training programs. (b) Updates. (c) Authorization of appropriations. 300ff-73. Research, evaluation, and assessment program. (a) Establishment. (b) Report. (c) Authorization of appropriations. 300ff-74. Evaluations and reports. (a) Evaluations. (b) Report to Congress. (c) Authorization of appropriations. (d) Allocation of funds. 300ff-75. Coordination. (a) Requirement. (b) Report. (c) Integration by State. (d) Integration by local or private entities. (e) Recommendations regarding release of prisoners. 300ff-75a. Audits. 300ff-75b. Administrative simplification regarding parts A and B. (a) Coordinated disbursement. (b) Biennial applications. (c) Application simplification. 300ff-76. Definitions. 300ff-77. Authorization of appropriations. (a) Part A. (b) Part B. 300ff-78. Prohibition on promotion of certain activities. PART E - EMERGENCY RESPONSE EMPLOYEES SUBPART I - GUIDELINES AND MODEL CURRICULUM 300ff-80. Grants for implementation. (a) In general. (b) Requirement of application. (c) Authorization of appropriations. SUBPART II - NOTIFICATIONS OF POSSIBLE EXPOSURE TO INFECTIOUS DISEASES 300ff-81. Infectious diseases and circumstances relevant to notification requirements. (a) In general. (b) Specification of airborne infectious diseases. (c) Dissemination. 300ff-82. Routine notifications with respect to airborne infectious diseases in victims assisted. (a) Routine notification of designated officer. (b) Requirement of prompt notification. 300ff-83. Request for notifications with respect to victims assisted. (a) Initiation of process by employee. (b) Initial determination by designated officer. (c) Submission of request to medical facility. (d) Evaluation and response regarding request to medical facility. (e) Time for making response. (f) Death of victim of emergency. (g) Assistance of public health officer. 300ff-84. Procedures for notification of exposure. (a) Contents of notification to officer. (b) Manner of notification. 300ff-85. Notification of employee. (a) In general. (b) Certain contents of notification to employee. (c) Responses other than notification of exposure. 300ff-86. Selection of designated officers. (a) In general. (b) Preference in making designations. 300ff-87. Limitations with respect to duties of medical facilities. 300ff-88. Rules of construction. (a) Liability of medical facilities and designated officers. (b) Testing. (c) Confidentiality. (d) Failure to provide emergency services. 300ff-89. Injunctions regarding violation of prohibition. (a) In general. (b) Facilitation of information on violations. 300ff-90. Applicability of subpart. PART F - DEMONSTRATION AND TRAINING SUBPART I - SPECIAL PROJECTS OF NATIONAL SIGNIFICANCE 300ff-101. Special projects of national significance. (a) In general. (b) Grants. (c) Special projects. (d) Special populations. (e) Service development grants. (f) Coordination. (g) Replication. SUBPART II - AIDS EDUCATION AND TRAINING CENTERS 300ff-111. HIV/AIDS communities, schools, and centers. (a) Schools; centers. (b) Dental schools. (c) Authorization of appropriations. SUBCHAPTER XXV - REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE PART A - GROUP MARKET REFORMS SUBPART 1 - PORTABILITY, ACCESS, AND RENEWABILITY REQUIREMENTS 300gg. Increased portability through limitation on preexisting condition exclusions. (a) Limitation on preexisting condition exclusion period; crediting for periods of previous coverage. (b) Definitions. (c) Rules relating to crediting previous coverage. (d) Exceptions. (e) Certifications and disclosure of coverage. (f) Special enrollment periods. (g) Use of affiliation period by HMOs as alternative to preexisting condition exclusion. 300gg-1. Prohibiting discrimination against individual participants and beneficiaries based on health status. (a) In eligibility to enroll. (b) In premium contributions. SUBPART 2 - OTHER REQUIREMENTS 300gg-4. Standards relating to benefits for mothers and newborns. (a) Requirements for minimum hospital stay following birth. (b) Prohibitions. (c) Rules of construction. (d) Notice. (e) Level and type of reimbursements. (f) Preemption; exception for health insurance coverage in certain States. 300gg-5. Parity in application of certain limits to mental health benefits. (a) In general. (b) Construction. (c) Exemptions. (d) Separate application to each option offered. (e) Definitions. (f) Sunset. 300gg-6. Required coverage for reconstructive surgery following mastectomies. SUBPART 3 - PROVISIONS APPLICABLE ONLY TO HEALTH INSURANCE ISSUERS 300gg-11. Guaranteed availability of coverage for employers in group market. (a) Issuance of coverage in small group market. (b) Assuring access in large group market. (c) Special rules for network plans. (d) Application of financial capacity limits. (e) Exception to requirement for failure to meet certain minimum participation or contribution rules. (f) Exception for coverage offered only to bona fide association members. 300gg-12. Guaranteed renewability of coverage for employers in group market. (a) In general. (b) General exceptions. (c) Requirements for uniform termination of coverage. (d) Exception for uniform modification of coverage. (e) Application to coverage offered only through associations. 300gg-13. Disclosure of information. (a) Disclosure of information by health plan issuers. (b) Information described. SUBPART 4 - EXCLUSION OF PLANS; ENFORCEMENT; PREEMPTION 300gg-21. Exclusion of certain plans. (a) Exception of certain small group health plans. (b) Limitation on application of provisions relating to group health plans. (c) Exception for certain benefits. (d) Exception for certain benefits if certain conditions met. (e) Treatment of partnerships. 300gg-22. Enforcement. (a) State enforcement. (b) Secretarial enforcement authority. 300gg-23. Preemption; State flexibility; construction. (a) Continued applicability of State law with respect to health insurance issuers. (b) Special rules in case of portability requirements. (c) Rules of construction. (d) Definitions. PART B - INDIVIDUAL MARKET RULES SUBPART 1 - PORTABILITY, ACCESS, AND RENEWABILITY REQUIREMENTS 300gg-41. Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage. (a) Guaranteed availability. (b) "Eligible individual" defined. (c) Alternative coverage permitted where no State mechanism. (d) Special rules for network plans. (e) Application of financial capacity limits. (e) Market requirements. (f) Construction. 300gg-42. Guaranteed renewability of individual health insurance coverage. (a) In general. (b) General exceptions. (c) Requirements for uniform termination of coverage. (d) Exception for uniform modification of coverage. (e) Application to coverage offered only through associations. 300gg-43. Certification of coverage. 300gg-44. State flexibility in individual market reforms. (a) Waiver of requirements where implementation of acceptable alternative mechanism. (b) Application of acceptable alternative mechanisms. (c) Provision related to risk. 300gg-45. Promotion of qualified high risk pools. (a) Seed grants to States. (b) Matching funds for operation of pools. (c) Funding. (d) Qualified high risk pool and State defined. SUBPART 2 - OTHER REQUIREMENTS 300gg-51. Standards relating to benefits for mothers and newborns. (a) In general. (b) Notice requirement. (c) Preemption; exception for health insurance coverage in certain States. 300gg-52. Required coverage for reconstructive surgery following mastectomies. SUBPART 3 - GENERAL PROVISIONS 300gg-61. Enforcement. (a) State enforcement. (b) Secretarial enforcement authority. 300gg-62. Preemption. (a) In general. (b) Rules of construction. 300gg-63. General exceptions. (a) Exception for certain benefits. (b) Exception for certain benefits if certain conditions met. PART C - DEFINITIONS; MISCELLANEOUS PROVISIONS 300gg-91. Definitions. (a) Group health plan. (b) Definitions relating to health insurance. (c) Excepted benefits. (d) Other definitions. (e) Definitions relating to markets and small employers. 300gg-92. Regulations. SUBCHAPTER XXVI - NATIONAL PREPAREDNESS FOR BIOTERRORISM AND OTHER PUBLIC HEALTH EMERGENCIES PART A - NATIONAL PREPAREDNESS AND RESPONSE PLANNING, COORDINATING, AND REPORTING 300hh. National preparedness plan. (a) In general. (b) Preparedness goals. (c) Reports to Congress. (d) Rule of construction. PART B - EMERGENCY PREPAREDNESS AND RESPONSE 300hh-11. Coordination of preparedness for and response to bioterrorism and other public health emergencies. (a) Assistant Secretary for Public Health Emergency Preparedness. (b) National Disaster Medical System. (c) Criteria. (d) Intermittent disaster-response personnel. (e) Certain employment issues regarding intermittent appointments. (f) Rule of construction regarding use of commissioned corps. (g) Definition. (h) Authorization of appropriations. 300hh-12. Strategic national stockpile. (a) Strategic national stockpile. (b) Smallpox vaccine development. (c) Disclosures. (d) Definition. (e) Authorization of appropriations. 300hh-13. Evaluation of new and emerging technologies regarding bioterrorist attack and other public health emergencies. (a) In general. (b) Certain activities. (c) Consultation and evaluation. (d) Report. 300aaa to 300aaa-13. Transferred. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 217a-1, 247b-4a, 300a-7, 300a-29, 701, 1320a-1, 1320a-7b, 1396r-4, 1437d, 3013, 3796gg, 14402 of this title; title 6 section 467; title 7 section 136a-1; title 8 section 1255a; title 18 section 42; title 20 section 1092a; title 21 section 397; title 35 sections 156, 287; title 38 section 8126. -End- -CITE- 42 USC SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS -HEAD- SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 5 section 5948. -End- -CITE- 42 USC Sec. 201 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS -HEAD- Sec. 201. Definitions -STATUTE- When used in this chapter - (a) The term "Service" means the Public Health Service; (b) The term "Surgeon General" means the Surgeon General of the Public Health Service; (c) Unless the context otherwise requires, the term "Secretary" means the Secretary of Health and Human Services. (d) The term "regulations", except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; (e) The term "executive department" means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; (f) Except as provided in sections 246(g)(4)(B),(!1) 247c(c)(1),(!1) 254d(h)(3),(!1) 263(5), 264(d), 292a(9),(!1) 300a(c), 300f(13), and 300n(1) (!1) of this title, the term "State" includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. (g) The term "possession" includes, among other possessions, Puerto Rico and the Virgin Islands; (h) Repealed. Pub. L. 97-35, title IX, Sec. 986(a), Aug. 13, 1981, 95 Stat. 603. (i) The term "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; (j) The term "habit-forming narcotic drug" or "narcotic" means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca plant; all compounds, salts, preparations, or other derivatives obtained either from the raw material or from the various alkaloids; Indian hemp and its various derivatives, compounds, and preparations, and peyote in its various forms; isonipecaine and its derivatives, compounds, salts, and preparations; opiates (as defined in section 4731(g) (!1) of title 26); (k) The term "addict" means any person who habitually uses any habit-forming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction; (l) The term "psychiatric disorders" includes diseases of the nervous system which affect mental health; (m) The term "State mental health authority" means the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsibility for administering the mental health program of the State, it means such other State agency; (n) The term "heart diseases" means diseases of the heart and circulation; (o) The term "dental diseases and conditions" means diseases and conditions affecting teeth and their supporting structures, and other related diseases of the mouth; and (p) The term "uniformed service" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, or National Oceanic and Atmospheric Administration. (q) The term "drug dependent person" means a person who is using a controlled substance (as defined in section 802 of title 21) and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence. -SOURCE- (July 1, 1944, ch. 373, title I, Sec. 2, 58 Stat. 682; July 3, 1946, ch. 538, Sec. 3, 60 Stat. 421; Feb. 28, 1948, ch. 83, Sec. 1, 62 Stat. 38; June 16, 1948, ch. 481, Sec. 6(a), 62 Stat. 469; June 24, 1948, ch. 621, Sec. 6(a), 62 Stat. 601; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86-70, Sec. 31(a), June 25, 1959, 73 Stat. 148; Pub. L. 86-415, Sec. 5(a), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-624, Sec. 29(a), July 12, 1960, 74 Stat. 419; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 91-212, Sec. 11, Mar. 13, 1970, 84 Stat. 67; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 91-513, title I, Sec. 2(b), Oct. 27, 1970, 84 Stat. 1240; Pub. L. 93-523, Sec. 2(b), Dec. 16, 1974, 88 Stat. 1693; Pub. L. 94-317, title III, Sec. 301(a), June 23, 1976, 90 Stat. 707; Pub. L. 94-484, title IX, Sec. 905(a), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95-83, title I, Sec. 107, Aug. 1, 1977, 91 Stat. 386; Pub. L. 96-79, title II, Sec. 203(e)(2), Oct. 4, 1979, 93 Stat. 635; Pub. L. 97-35, title IX, Secs. 902(d)(5), 986(a), Aug. 13, 1981, 95 Stat. 560, 603; Pub. L. 103-43, title XX, Sec. 2008(e), June 10, 1993, 107 Stat. 212.) -REFTEXT- REFERENCES IN TEXT Section 246(g) of this title, referred to in subsec. (f), was repealed by Pub. L. 96-398, title I, Sec. 107(d), Oct. 7, 1980, 94 Stat. 1571. Section 247c(c)(1) of this title, referred to in subsec. (f), was repealed by Pub. L. 94-317, title II, Sec. 203(f)(1), June 23, 1976, 90 Stat. 704. Section 254d(h)(3) of this title, referred to in subsec. (f), was redesignated section 254d(i)(4) of this title by Pub. L. 100-177, title II, Sec. 202(b)(5), title III, Sec. 301(1), Dec. 1, 1987, 101 Stat. 996, 1003, and was subsequently redesignated section 254d(j)(4) of this title by Pub. L. 107-251, title III, Sec. 301(b)(1), Oct. 26, 2002, 116 Stat. 1643. Section 292a of this title, referred to in subsec. (f), contained definitions for purposes of subchapter V of this chapter prior to the general revision of subchapter V by Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 1994. See sections 292o and 295p of this title. Section 300n of this title, referred to in subsec. (f), was repealed by Pub. L. 99-660, title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799. Section 4731(g) of title 26, referred to in subsec. (j), was repealed by Pub. L. 91-513, title III, Sec. 1101(b)(3)(A), Oct. 27, 1970, 84 Stat. 1292. A definition of "opiate" is contained in section 102 of Pub. L. 91-513, which is classified to section 802 of Title 21, Food and Drugs. Reference to section 4731(g) of title 26 was substituted for "section 3228(f) of title 26" on authority of section 7852(b) of Title 26, Internal Revenue Code, which provides that a reference in other laws to the Internal Revenue Code of 1939 is deemed a reference to the corresponding provision of the Internal Revenue Code of 1986. -MISC1- AMENDMENTS 1993 - Subsec. (c). Pub. L. 103-43 substituted "Health and Human Services" for "Health, Education, and Welfare". 1981 - Subsec. (f). Pub. L. 97-35, Sec. 902(d)(5), struck out reference to section 300d(2) of this title. Subsec. (h). Pub. L. 97-35, Sec. 986(a), struck out subsec. (h) which defined "seamen". 1979 - Subsec. (f). Pub. L. 96-79 struck out from enumeration of excepted sections reference to section 300s-3(1) of this title. 1977 - Subsec. (f). Pub. L. 95-83 expanded definition of "State" to include American Samoa and the Trust Territory of the Pacific Islands. 1976 - Subsec. (f). Pub. L. 94-484 inserted in list of excepted sections reference to sections 247c(c)(1), 254d(h)(3), 263(5), and 292a(9) of this title, struck out from enumeration reference to section 263c(5) of this title, and defined "State" to include the Northern Mariana Islands. Pub. L. 94-317 substituted provisions defining, with certain specific exceptions, "State" to include the several States, the District of Columbia, Guam, Puerto Rico and the Virgin Islands for provisions defining "State" to include a State or the District of Columbia, Puerto Rico, or the Virgin Islands, except in section 264(d) of this title such term means a State or the District of Columbia, and in subchapter XII of this chapter such term includes Guam, American Samoa, and the Trust Territory of the Pacific Islands. 1974 - Subsec. (f). Pub. L. 93-523 designated existing provisions as cl. (1) and added cl. (2). 1970 - Subsec. (c). Pub. L. 91-212 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The term 'Administrator' means the Federal Security Administrator;". Subsec. (q). Pub. L. 91-513 added subsec. (q). 1960 - Subsec. (f). Pub. L. 86-624 struck out "Hawaii," before "Puerto Rico". Subsec. (p). Pub. L. 86-415 added subsec. (p). 1959 - Subsec. (f). Pub. L. 86-70 struck out "Alaska," after "Hawaii," and substituted "or the District of Columbia" for ", the District of Columbia, or Alaska". 1948 - Subsec. (j). Act Feb. 28, 1948, inserted "isonipecaine and its derivatives, compounds, salts, and preparations; opiates (as defined in section 4731(g) of title 26)". Subsec. (n). Act June 16, 1948, added subsec. (n). Subsec. (o). Act June 24, 1948, added subsec. (o). 1946 - Subsecs. (l), (m). Act July 3, 1946, added subsecs. (l) and (m). -CHANGE- CHANGE OF NAME Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, abolished Environmental Science Services Administration, established National Oceanic and Atmospheric Administration, and redesignated Commissioned Officer Corps of ESSA as Commissioned Officer Corps of NOAA. For further details, see Transfer of Functions note set out under section 851 of Title 33, Navigation and Navigable Waters. -MISC2- EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-310, div. A, title XXIX, Sec. 2901, Oct. 17, 2000, 114 Stat. 1168, provided that: "This division [see Tables for classification] and the amendments made by this division take effect October 1, 2000, or upon the date of the enactment of this Act [Oct. 17, 2000], whichever occurs later." EFFECTIVE DATE OF 1993 AMENDMENT Section 2101 of Pub. L. 103-43 provided that: "Subject to section 203(c) [enacting provisions set out as a note under section 283c of this title], this Act [see Short Title of 1993 Amendment note below] and the amendments made by this Act take effect upon the date of the enactment of this Act [June 10, 1993]." EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 902(d)(5) of Pub. L. 97-35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as a note under section 238l of this title. Amendment by section 986(a) of Pub. L. 97-35 effective Oct. 1, 1981, see section 986(c) of Pub. L. 97-35, set out as a note under section 249 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-79 effective Oct. 1, 1979, see section 204 of Pub. L. 96-79, set out as a note under section 300q of this title. EFFECTIVE DATE OF 1970 AMENDMENT Section 12(b) of Pub. L. 91-212 provided that: "The amendments made by sections 10(d) and 11 [amending this section and sections 276, 277, 278, 280, 280a-1, 280b-2 to 280b-9, and 280b-11 of this title] shall take effect on the date of enactment of this Act [Mar. 13, 1970]." EFFECTIVE DATE OF 1960 AMENDMENT Section 47(f) of Pub. L. 86-624 provided that: "The amendments made by subsection (c), paragraphs (3) and (4) of subsection (b), and paragraph (4) of subsection (d) of section 14 [amending sections 15i, 15jj, 15ggg, 244, and 645 of Title 20, Education], by section 20(a) [amending section 41 of Title 29, Labor], by section 23(b) [amending section 466j of Title 33, Navigation and Navigable Waters], by subsections (a), (b), and (c), and paragraph (4) of subsection (d), of section 29 [amending this section and sections 255, 264, and 291i of this title], and by subsection (d), and paragraph (2) of subsection (c), of section 30 [amending sections 410 and 1301 of this title] shall become effective on August 21, 1959." EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-70 effective Jan. 3, 1959, see section 47(d) of Pub. L. 86-70. SHORT TITLE OF 2002 AMENDMENTS Pub. L. 107-313, Sec. 1, Dec. 2, 2002, 116 Stat. 2457, provided that: "This Act [amending section 300gg-5 of this title and section 1185a of Title 29, Labor] may be cited as the 'Mental Health Parity Reauthorization Act of 2002'." Pub. L. 107-280, Sec. 1, Nov. 6, 2002, 116 Stat. 1988, provided that: "This Act [enacting sections 283h and 283i of this title and provisions set out as a note under section 283h of this title] may be cited as the 'Rare Diseases Act of 2002'." Pub. L. 107-260, Sec. 1, Oct. 29, 2002, 116 Stat. 1743, provided that: "This Act [amending section 280e of this title and enacting provisions set out as a note under section 280e of this title] may be cited as the 'Benign Brain Tumor Cancer Registries Amendment Act'." Pub. L. 107-251, Sec. 1(a), Oct. 26, 2002, 116 Stat. 1621, provided that: "This Act [enacting subparts V (Sec. 256) and X (Sec. 256f et seq.) of part D of subchapter II of this chapter and sections 254c-14 to 254c-17, 254g, and 254t of this title, amending sections 233, 247b-1, 247b-6, 247c-1, 254b, 254c, 254d to 254f-1, 254h to 254i, 254k to 254o, 254q, 254q-1, 256d, 290cc-34, 294o, 295p, 300e-12, and 300ff-52 of this title, repealing sections 254g and 254t of this title, and enacting provisions set out as notes under this section and sections 254b, 254e, 254l, 254o, 256, and 1396a of this title] may be cited as the 'Health Care Safety Net Amendments of 2002'." Pub. L. 107-251, title II, Sec. 211, Oct. 26, 2002, 116 Stat. 1632, provided that: "This subtitle [subtitle B (Secs. 211, 212) of title II of Pub. L. 107-251, enacting section 254c-14 of this title] may be cited as the 'Telehealth Grant Consolidation Act of 2002'." Pub. L. 107-205, Sec. 1, Aug. 1, 2002, 116 Stat. 811, provided that: "This Act [enacting sections 297n-1, 297w, 297x, and 298 of this title, amending sections 294c, 296, 296p, and 297n of this title, and enacting provisions set out as a note under section 296 of this title] may be cited as the 'Nurse Reinvestment Act'." Pub. L. 107-188, Sec. 1(a), June 12, 2002, 116 Stat. 594, provided that: "This Act [see Tables for classification] may be cited as the 'Public Health Security and Bioterrorism Preparedness and Response Act of 2002'." Pub. L. 107-188, title I, Sec. 159(a), June 12, 2002, 116 Stat. 634, provided that: "This section [enacting sections 244 and 245 of this title and provisions set out as a note under section 244 of this title] may be cited as the 'Community Access to Emergency Defibrillation Act of 2002'." Pub. L. 107-172, Sec. 1, May 14, 2002, 116 Stat. 541, provided that: "This Act [enacting section 285a-10 of this title and provisions set out as a note under section 285a-10 of this title] may be cited as the 'Hematological Cancer Research Investment and Education Act of 2002'." SHORT TITLE OF 2001 AMENDMENT Pub. L. 107-84, Sec. 1, Dec. 18, 2001, 115 Stat. 823, provided that: "This Act [enacting sections 247b-18, 247b-19, and 283g of this title and enacting provisions set out as notes under sections 247b-18 and 281 of this title] may be cited as the 'Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001', or the 'MD-CARE Act'." SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-580, Sec. 1, Dec. 29, 2000, 114 Stat. 3088, provided that: "This Act [enacting section 285r of this title, amending section 281 of this title, and enacting provisions set out as notes under section 285r of this title] may be cited as the 'National Institute of Biomedical Imaging and Bioengineering Establishment Act'." Pub. L. 106-551, Sec. 1, Dec. 20, 2000, 114 Stat. 2752, provided that: "This Act [enacting section 287a-3a of this title and provisions set out as a note under section 287a-3a of this title] may be cited as the 'Chimpanzee Health Improvement, Maintenance, and Protection Act'." Pub. L. 106-545, Sec. 1, Dec. 19, 2000, 114 Stat. 2721, provided that: "This Act [enacting sections 285l-2 to 285l-5 of this title] may be cited as the 'ICCVAM Authorization Act of 2000'." Pub. L. 106-525, Sec. 1(a), Nov. 22, 2000, 114 Stat. 2495, provided that: "This Act [enacting sections 287c-31 to 287c-34, 293e, 296e-1, and 299a-1 of this title, amending sections 281, 296f, 299a, 299c-6, and 300u-6 of this title, repealing section 283b of this title, and enacting provisions set out as notes under sections 281, 287c-31, 293e, and 3501 of this title] may be cited as the 'Minority Health and Health Disparities Research and Education Act of 2000'." Pub. L. 106-505, Sec. 1(a), Nov. 13, 2000, 114 Stat. 2314, provided that: "This Act [enacting sections 238p, 238q, 247d to 247d-7, 254c-9 to 254c-13, 284k, 284l, 285d-6a, 285e-10a, 285f-3, 287a-4 and 288-5a of this title, amending sections 273, 274b-5, 284d, 285a-8, 285e-11, 285f-3, 287a-2 and 287a-3 of this title, repealing former section 247d of this title, enacting provisions set out as notes under this section and sections 238p, 254c, 273, 284k, 285d-6a, 287, 287a-2 and 289 of this title, and amending provisions set out as a note under section 289 of this title] may be cited as the 'Public Health Improvement Act'." Pub. L. 106-505, title I, Sec. 101, Nov. 13, 2000, 114 Stat. 2315, provided that: "This title [enacting sections 247d to 247d-7 of this title and repealing former section 247d of this title] may be cited as the 'Public Health Threats and Emergencies Act'." Pub. L. 106-505, title II, Sec. 201, Nov. 13, 2000, 114 Stat. 2325, provided that: "This title [enacting sections 284k, 284l, 287a-4 and 288a-5 of this title, amending section 284d of this title, and enacting provisions set out as notes under section 284k of this title] may be cited as the 'Clinical Research Enhancement Act of 2000'." Pub. L. 106-505, title III, Sec. 301, Nov. 13, 2000, 114 Stat. 2330, provided that: "This title [enacting section 287a-2 of this title, amending section 287a-3 of this title, and enacting provisions set out as notes under sections 287 and 287a-2 of this title] may be cited as the 'Twenty-First Century Research Laboratories Act'." Pub. L. 106-505, title IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2336, provided that: "This subtitle [subtitle A (Secs. 401-404) of title IV of Pub. L. 106-505, enacting sections 238p and 238q of this title and provisions set out as a note under section 238p of this title] may be cited as the 'Cardiac Arrest Survival Act of 2000'." Pub. L. 106-505, title V, Sec. 501, Nov. 13, 2000, 114 Stat. 2342, provided that: "This title [enacting sections 254c-9 to 254c-13 and 285d-6a of this title and provisions set out as a note under section 285d-6a of this title] may be cited as the 'Lupus Research and Care Amendments of 2000'." Pub. L. 106-505, title VI, Sec. 601, Nov. 13, 2000, 114 Stat. 2345, provided that: "This title [amending sections 247b-5 and 285a-8 of this title] may be cited as the 'Prostate Cancer Research and Prevention Act'." Pub. L. 106-505, title VII, Sec. 701(a), Nov. 13, 2000, 114 Stat. 2346, provided that: "This section [amending section 273 of this title and enacting provisions set out as a note under section 273 of this title] may be cited as the "Organ Procurement Organization Certification Act of 2000'." Pub. L. 106-345, Sec. 1, Oct. 20, 2000, 114 Stat. 1319, provided that: "This Act [enacting subpart III (Sec. 300ff-38) of part B of subchapter XXIV of this chapter and sections 247c-2, 300ff-30, 300ff-37a, 300ff-75a, and 300ff-75b of this title, redesignating subparts II (Sec. 300ff-51 et seq.) and III (Sec. 300ff-61 et seq.) of part C of subchapter XXIV of this chapter as subparts I and II, respectively, of part C of subchapter XXIV of this chapter, amending sections 300ff-12 to 300ff-15, 300ff-21 to 300ff-23, 300ff-26 to 300ff-28, 300ff-33, 300ff-34, 300ff-37, 300ff-53 to 300ff-55, 300ff-61, 300ff-62, 300ff-64, 300ff-71, 300ff-73 to 300ff-75, 300ff-77, and 300ff-111 of this title, repealing former subpart I (Sec. 300ff-41 et seq.) of part C of subchapter XXIV of this chapter and sections 300ff-31, 300ff-35, and 300ff-36 of this title, and enacting provisions set out as notes under sections 300cc, 300ff-11, 300ff-12, and 300ff-111 of this title] may be cited as the 'Ryan White CARE Act Amendments of 2000'." Pub. L. 106-310, Sec. 1, Oct. 17, 2000, 114 Stat. 1101, provided that: "This Act [see Tables for classification] may be cited as the 'Children's Health Act of 2000'." Pub. L. 106-310, div. B, Sec. 3001, Oct. 17, 2000, 114 Stat. 1168, provided that: "This division [see Tables for classification] may be cited as the 'Youth Drug and Mental Health Services Act'." Pub. L. 106-310, div. B, title XXXVI, Sec. 3661, Oct. 17, 2000, 114 Stat. 1241, provided that: "This subtitle [subtitle C (Secs. 3661-3665) of title XXXVI of Pub. L. 106-310, enacting section 290aa-5b of this title and provisions set out as notes under section 290aa-5b of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Ecstasy Anti-Proliferation Act of 2000'." SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-129, Sec. 1, Dec. 6, 1999, 113 Stat. 1653, provided that: "This Act [enacting subchapter VII of this chapter and sections 254c-4 and 256e of this title, amending sections 203, 242b, 242q-1, 286d, 288, 289c-1, 290aa, 300cc-18, 300ff-73, 1320b-12, 11221, and 11261 of this title, enacting provisions set out as notes under sections 241, 254c, 295k, and 299 of this title, and amending provisions set out as a note under section 299a of this title] may be cited as the 'Healthcare Research and Quality Act of 1999'." SHORT TITLE OF 1998 AMENDMENTS Pub. L. 105-392, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3524, provided that: "This Act [see Tables for classification] may be cited as the 'Health Professions Education Partnerships Act of 1998'." Pub. L. 105-392, title I, Sec. 121, Nov. 13, 1998, 112 Stat. 3562, provided that: "This subtitle [subtitle B (Secs. 121-124) of title I of Pub. L. 105-392, enacting sections 296, 296a to 296f, 296j, 296m, 296p, 297q, and 297t of this title, transferring section 298b-2 of this title to section 296g of this title, repealing sections 296k to 296m, 296r, 297, 297-1, 297c, 298, 298a, 298b, 298b-1, 298b-3 to 298b-5, and 298b-7 of this title, and enacting provisions set out as notes under section 296 of this title] may be cited as the 'Nursing Education and Practice Improvement Act of 1998'." Pub. L. 105-392, title IV, Sec. 419(a), Nov. 13, 1998, 112 Stat. 3591, provided that: "This section [enacting sections 280f to 280f-3 of this title and provisions set out as a note under section 280f of this title] may be cited as the 'Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act'." Pub. L. 105-340, Sec. 1, Oct. 31, 1998, 112 Stat. 3191, provided that: "This Act [enacting sections 285b-7a and 300u-9 of this title and amending sections 242k, 280e-4, 283a, 284e, 285a-8, 285e-10, 287d, 300k, 300n-4a, 300n-5, and 300u-5 of this title] may be cited as the 'Women's Health Research and Prevention Amendments of 1998'." Pub. L. 105-277, div. A, Sec. 101(f) [title IX, Sec. 901], Oct. 21, 1998, 112 Stat. 2681-337, 2681-436, provided that: "This title [enacting sections 300gg-6 and 300gg-52 of this title and section 1185b of Title 29, Labor, and provisions set out as notes under sections 300gg-6 and 300gg-52 of this title and section 1185b of Title 29] may be cited as the 'Women's Health and Cancer Rights Act of 1998'." Pub. L. 105-248, Sec. 1, Oct. 9, 1998, 112 Stat. 1864, provided that: "This Act [amending section 263b of this title] may be cited as the 'Mammography Quality Standards Reauthorization Act of 1998'." Pub. L. 105-196, Sec. 1, July 16, 1998, 112 Stat. 631, provided that: "This Act [enacting sections 274l and 274m of this title, amending sections 274g and 274k of this title, repealing former section 274l of this title, and enacting provisions set out as notes under section 274k of this title] may be cited as the 'National Bone Marrow Registry Reauthorization Act of 1998'." Pub. L. 105-168, Sec. 1(a), Apr. 21, 1998, 112 Stat. 43, provided that: "This Act [amending section 247b-4 of this title and enacting provisions set out as a note under section 247b-4 of this title] may be cited as the 'Birth Defects Prevention Act of 1998'." SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-78, title VI, Sec. 603(a), Nov. 13, 1997, 111 Stat. 1519, provided that: "This section [enacting section 284f of this title and provisions set out as a note under section 284f of this title] may be cited as the 'Morris K. Udall Parkinson's Disease Research Act of 1997'." SHORT TITLE OF 1996 AMENDMENTS Pub. L. 104-299, Sec. 1, Oct. 11, 1996, 110 Stat. 3626, provided that: "This Act [enacting sections 254b and 254c of this title, amending sections 233, 256c, 1395x, and 1396d of this title, repealing sections 256 and 256a of this title, and enacting provisions set out as notes under sections 233 and 254b of this title] may be cited as the 'Health Centers Consolidation Act of 1996'." Pub. L. 104-204, title VI, Sec. 601, Sept. 26, 1996, 110 Stat. 2935, provided that: "This title [enacting sections 300gg-4 and 300gg-51 of this title and section 1185 of Title 29, Labor, amending sections 300gg-21, 300gg-23, 300gg-44, 300gg-61, and 300gg-62 of this title and sections 1003, 1021, 1022, 1024, 1132, 1136, 1144, 1181, 1191, and 1191a of Title 29, and enacting provisions set out as notes under section 300gg-4 and 300gg-44 of this title and section 1003 of Title 29] may be cited as the 'Newborns' and Mothers' Health Protection Act of 1996'." Pub. L. 104-204, title VII, Sec. 701, Sept. 26, 1996, 110 Stat. 2944, provided that: "This title [enacting section 300gg-5 of this title and section 1185a of Title 29, Labor, and enacting provisions set out as notes under section 300gg-5 of this title and section 1185a of Title 29] may be cited as the 'Mental Health Parity Act of 1996'." Pub. L. 104-191, Sec. 1(a), Aug. 21, 1996, 110 Stat. 1936, provided that: "This Act [see Tables for classification] may be cited as the 'Health Insurance Portability and Accountability Act of 1996'." Pub. L. 104-182, Sec. 1(a), Aug. 6, 1996, 110 Stat. 1613, provided that: "This Act [enacting sections 300g-7 to 300g-9, 300h-8, 300j-3c, and 300j-12 to 300j-18 of this title and section 1263a of Title 33, Navigation and Navigable Waters, amending sections 300f, 300g-1 to 300g-6, 300h, 300h-5 to 300h-7, 300i, 300i-1, 300j to 300j-2, 300j-4 to 300j-8, 300j-11, and 300j-21 to 300j-25 of this title, sections 4701 and 4721 of Title 16, Conservation, and section 349 of Title 21, Food and Drugs, repealing section 13551 of this title, enacting provisions set out as notes under this section, sections 300f, 300g-1, 300j-1, and 300j-12 of this title, section 1281 of Title 33, and section 45 of former Title 40, Public Buildings, Property, and Works, and amending provisions set out as a note under this section] may be cited as the 'Safe Drinking Water Act Amendments of 1996'." Pub. L. 104-146, Sec. 1, May 20, 1996, 110 Stat. 1346, provided that: "This Act [enacting sections 300ff-27a, 300ff-31, 300ff-33 to 300ff-37, 300ff-77, 300ff-78, 300ff-101, and 300ff-111 of this title, amending sections 294n, 300d, 300ff-11 to 300ff-17, 300ff-21 to 300ff-23, 300ff-26 to 300ff-29, 300ff-47 to 300ff-49, 300ff-51, 300ff-52, 300ff-54, 300ff-55, 300ff-64, 300ff-71, 300ff-74, 300ff-76, and 300ff-84 of this title, transferring section 294n of this title to section 300ff-111 of this title, repealing sections 300ff-18 and 300ff-30 of this title, and enacting provisions set out as notes under sections 300cc, 300ff-11, and 300ff-33 of this title and section 4103 of Title 5, Government Organization and Employees] may be cited as the 'Ryan White CARE Act Amendments of 1996'." SHORT TITLE OF 1995 AMENDMENT Pub. L. 104-73, Sec. 1(a), Dec. 26, 1995, 109 Stat. 777, provided that: "This Act [amending section 233 of this title and enacting provisions set out as a note under section 233 of this title] may be cited as the 'Federally Supported Health Centers Assistance Act of 1995'." SHORT TITLE OF 1993 AMENDMENTS Pub. L. 103-183, Sec. 1(a), Dec. 14, 1993, 107 Stat. 2226, provided that: "This Act [enacting sections 247b-6, 247b-7, 256d, 280b-1a, 285f-2, 300n-4a, and 300u-8 of this title, amending sections 233, 238j, 242b, 242k, 242l, 242m, 247b, 247b-1, 247b-5, 247c, 247c-1, 254j, 280b, 280b-1, 280b-2, 280b-3, 280e-4, 300d, 300d-2, 300d-3, 300d-12, 300d-13, 300d-16, 300d-22, 300d-31, 300d-32, 300k, 300m, 300n, 300n-1, 300n-4, 300n-5, 300u-5, 300w, and 300aa-26 of this title, repealing sections 300d-1 and 300d-33 of this title, and enacting provisions set out as notes under sections 238j, 263b, 285f-2, and 300m of this title] may be cited as the 'Preventive Health Amendments of 1993'." Section 1(a) of Pub. L. 103-43 provided that: "This Act [see Tables for classification] may be cited as the 'National Institutes of Health Revitalization Act of 1993'." SHORT TITLE OF 1992 AMENDMENTS Pub. L. 102-539, Sec. 1, Oct. 27, 1992, 106 Stat. 3547, provided that: "This Act [enacting section 263b of this title and provisions set out as a note under section 263b of this title] may be cited as the 'Mammography Quality Standards Act of 1992'." Pub. L. 102-531, Sec. 1(a), Oct. 27, 1992, 106 Stat. 3469, provided that: "This Act [enacting sections 247b-3 to 247b-5, 247c-1, 256c, 280d-11, 300l-1, and 300u-7 of this title, amending sections 236, 242l, 247b-1, 247d, 254b, 254c, 256, 256a, 280b to 280b-2, 285c-4, 285d-7, 285m-4, 289c, 290aa-9, 290bb-1, 292y, 293j, 293l, 294n, 295j, 295l, 295n, 295o, 296k, 298b-7, 300u, 300u-1, 300u-5, 300w, 300w-3 to 300w-5, 300aa-2, 300aa-15, 300aa-19, 300aa-26, 300cc, 300cc-2, 300cc-15, 300cc-17, 300cc-20, 300cc-31, 300ee-1, 300ee-2, 300ee-31, 300ee-32, 300ee-34, 300ff-11 to 300ff-13, 300ff-17, 300ff-27, 300ff-28, 300ff-41, 300ff-43, 300ff-49, 300ff-75, 4841, and 9604 of this title, section 1341 of Title 15, Trade and Commerce, and section 2001 of Title 25, Indians, repealing section 297j of this title, enacting provisions set out as notes under sections 236, 292y, 300e, and 300w-4 of this title, amending provisions set out as notes under sections 241, 281, and 295k of this title and section 303 of Title 38, Veterans' Benefits, and repealing provisions set out as notes under section 246 and 300e of this title] may be cited as the 'Preventive Health Amendments of 1992'." Pub. L. 102-515, Sec. 1, Oct. 24, 1992, 106 Stat. 3372, provided that: "This Act [enacting sections 280e to 280e-4 of this title and provisions set out as a note under section 280e of this title] may be cited as the 'Cancer Registries Amendment Act'." Pub. L. 102-501, Sec. 1, Oct. 24, 1992, 106 Stat. 3268, provided that: "This Act [amending section 233 of this title and enacting provisions set out as notes under section 233 of this title] may be cited as the 'Federally Supported Health Centers Assistance Act of 1992'." Pub. L. 102-493, Sec. 1, Oct. 24, 1992, 106 Stat. 3146, provided that: "This Act [enacting sections 263a-1 to 263a-7 of this title and provisions set out as a note under section 263a-1 of this title] may be cited as the 'Fertility Clinic Success Rate and Certification Act of 1992'." Pub. L. 102-410, Sec. 1(a), Oct. 13, 1992, 106 Stat. 2094, provided that: "This Act [amending sections 299 to 299a-2, 299b to 299b-3, 299c to 299c-3, 299c-5, and 300w-9 of this title and enacting provisions set out as notes under sections 299a-2, 299b-1, and 299b-2 of this title] may be cited as the 'Agency for Health Care Policy and Research Reauthorization Act of 1992'." Pub. L. 102-409, Sec. 1, Oct. 13, 1992, 106 Stat. 2092, provided that: "This Act [enacting section 283a of this title] may be cited as the 'DES Education and Research Amendments of 1992'." Pub. L. 102-408, Sec. 1(a), Oct. 13, 1992, 106 Stat. 1992, provided that: "This Act [enacting subchapter V of this chapter and sections 297n, 298b-7, and 300d-51 of this title, amending sections 242a, 296k to 296m, 296r, 297, 297-1, 297b, 297d, 297e, 298, 298b, and 298b-6 of this title and section 1078-3 of Title 20, Education, repealing sections 295g-10a, 297c-1, and 297n of this title, enacting provisions set out as notes under this section, sections 292, 295j, 295k, 296k, and 297b of this title, section 1078-3 of Title 20, and section 343-1 of Title 21, Food and Drugs, and amending provisions set out as a note under section 300x of this title] may be cited as the 'Health Professions Education Extension Amendments of 1992'." Pub. L. 102-408, title II, Sec. 201, Oct. 13, 1992, 106 Stat. 2069, provided that: "This title [enacting sections 297n and 298b-7 of this title, amending sections 296k to 296m, 296r, 297, 297-1, 297b, 297d, 297e, 298, 298b, and 298b-6 of this title, repealing sections 297c-1 and 297n of this title, and enacting provisions set out as notes under sections 296k and 297b of this title] may be referred to as the Nurse Education and Practice Improvement Amendments of 1992." Pub. L. 102-352, Sec. 1, Aug. 26, 1992, 106 Stat. 938, provided that: "This Act [amending sections 285n, 285n-2, 285o, 285o-2, 285p, 290aa-1, 290aa-3, 290cc-21, 290cc-28, 290cc-30, 300x-7, 300x-27, 300x-33, 300x-53, and 300y of this title, enacting provisions set out as a note under section 285n of this title, and amending provisions set out as notes under sections 290aa and 300x of this title] may be cited as the 'Public Health Service Act Technical Amendments Act'." Pub. L. 102-321, Sec. 1(a), July 10, 1992, 106 Stat. 323, provided that: "This Act [see Tables for classification] may be cited as the 'ADAMHA Reorganization Act'." SHORT TITLE OF 1991 AMENDMENTS Pub. L. 102-168, Sec. 1, Nov. 26, 1991, 105 Stat. 1102, provided that: "This Act [amending sections 300u, 300u-5, 300aa-11, 300aa-12, 300aa-15, 300aa-16, 300aa-19, and 300aa-21 of this title, enacting provisions set out as a note under section 300aa-11 of this title, and amending provisions set out as a note under section 300aa-1 of this title] may be cited as the 'Health Information, Health Promotion, and Vaccine Injury Compensation Amendments of 1991'." Pub. L. 102-96, Sec. 1, Aug. 14, 1991, 105 Stat. 481, provided that: "This Act [amending section 300cc-13 of this title and enacting provisions set out as a note under section 300cc-13 of this title] may be cited as the 'Terry Beirn Community Based AIDS Research Initiative Act of 1991'." SHORT TITLE OF 1990 AMENDMENTS Pub. L. 101-639, Sec. 1, Nov. 28, 1990, 104 Stat. 4600, provided that: "This Act [amending sections 290cc-13, 299a, 300x-3, and 300x-10 to 300x-12 of this title] may be cited as the 'Mental Health Amendments of 1990'." Pub. L. 101-616, Sec. 1, Nov. 16, 1990, 104 Stat. 3279, provided that: "This Act [enacting sections 274f, 274g, 274k, and 274l of this title, amending sections 273 to 274d of this title, enacting provisions set out as notes under sections 273, 274, and 274k of this title, and repealing provisions set out as a note under section 273 of this title] may be cited as the 'Transplant Amendments Act of 1990'." Pub. L. 101-613, Sec. 1, Nov. 16, 1990, 104 Stat. 3224, provided that: "This Act [enacting sections 285g-4 and 290b of this title and provisions set out as a note under section 285g-4 of this title] may be cited as the 'National Institutes of Health Amendments of 1990'." Pub. L. 101-597, Sec. 1, Nov. 16, 1990, 104 Stat. 3013, provided that: "This Act [enacting sections 254f-1, 254o-1, and 254r of this title, amending sections 242a, 254d to 254i, 254k, 254l to 254q-1, 254s, 294h, 294n, 294aa, 295g-1, 296m, 1320c-5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 242a, 254l-1, and 254o of this title] may be cited as the 'National Health Service Corps Revitalization Amendments of 1990'." Pub. L. 101-590, Sec. 1, Nov. 16, 1990, 104 Stat. 2915, provided that: "This Act [enacting subchapter X of this chapter, amending sections 300w-4 and 300w-9 of this title, and enacting provisions set out as a note under section 300d of this title] may be cited as the 'Trauma Care Systems Planning and Development Act of 1990'." Pub. L. 101-558, Sec. 1, Nov. 15, 1990, 104 Stat. 2772, provided that: "This Act [amending sections 280b to 280b-3 of this title] may be cited as the 'Injury Control Act of 1990'." Pub. L. 101-557, Sec. 1, Nov. 15, 1990, 104 Stat. 2766, provided that: "This Act [enacting sections 242q to 242q-5 of this title, amending sections 280c, 280c-2, 280c-3, 280c-5, 285e-2, 285e-3, 300u-6, 300ff-17, 300ff-51, and 300ff-52 of this title and section 4512 of Title 20, Education, and enacting provisions set out as a note under section 300u-6 of this title] may be cited as the 'Home Health Care and Alzheimer's Disease Amendments of 1990'." Pub. L. 101-527, Sec. 1(a), Nov. 6, 1990, 104 Stat. 2311, provided that: "This Act [enacting sections 254c-1, 254t, 256a, 294bb, 294cc, and 300u-6 of this title, amending sections 242k, 242m, 254b, 254c, 294m, 294o, and 295g-2 of this title, enacting provisions set out as notes under sections 242k and 300u-6 of this title, and repealing provisions set out as a note under section 292h of this title] may be cited as the 'Disadvantaged Minority Health Improvement Act of 1990'." Pub. L. 101-502, Sec. 1, Nov. 3, 1990, 104 Stat. 1285, provided that: "This Act [amending sections 207, 247b, 300aa-6, 300aa-11 to 300aa-13, 300aa-15, 300aa-16, 300aa-21, 300ff-13, 300ff-47, and 300ff-49 of this title, section 331 of Title 21, Food and Drugs, and section 201 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as notes under sections 300aa-2, 300aa-11, and 300aa-12 of this title and section 201 of Title 37, and amending provisions set out as a note under section 300aa-1 of this title] may be cited as the 'Vaccine and Immunization Amendments of 1990'." Pub. L. 101-381, Sec. 1, Aug. 18, 1990, 104 Stat. 576, provided that: "This Act [enacting subchapter XXIV of this chapter, transferring section 300ee-6 of this title to section 300ff-48 of this title, amending sections 284a, 286, 287a, 287c-2, 289f, 290aa-3a, 299c-5, 300ff-48, and 300aaa to 300aaa-13 of this title, and enacting provisions set out as notes under sections 300x-4, 300ff-11, 300ff-46, and 300ff-80 of this title] may be cited as the 'Ryan White Comprehensive AIDS Resources Emergency Act of 1990'." Pub. L. 101-374, Sec. 1, Aug. 15, 1990, 104 Stat. 456, provided that: "This Act [amending sections 290aa-12, 290cc-2, and 300x-4 of this title, enacting provisions set out as notes under sections 289e, 290aa-12, 290cc-2, and 300x-4 of this title, and amending provisions set out as a note under section 289e of this title] may be cited as the 'Drug Abuse Treatment Waiting Period Reduction Amendments of 1990'." Pub. L. 101-368, Sec. 1, Aug. 15, 1990, 104 Stat. 446, provided that: "This Act [amending section 247b of this title] may be cited as the 'Tuberculosis Prevention Amendments of 1990'." Pub. L. 101-354, Sec. 1, Aug. 10, 1990, 104 Stat. 409, provided that: "This Act [enacting subchapter XIII of this chapter] may be cited as the 'Breast and Cervical Cancer Mortality Prevention Act of 1990'." SHORT TITLE OF 1989 AMENDMENT Pub. L. 101-93, Sec. 1, Aug. 16, 1989, 103 Stat. 603, provided that: "This Act [see Tables for classification] may be cited as the 'Drug Abuse Treatment Technical Corrections Act of 1989'." SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-690, Sec. 2011, Nov. 18, 1988, 102 Stat. 4193, provided that: "This subtitle [subtitle A (Secs. 2011-2081) of title II of Pub. L. 100-690, enacting sections 290aa-11 to 290aa-14, 290cc-11 to 290cc-13, 290ff, 300x-1a, 300x-4a, 300x-9a, and 300x-9b of this title, amending sections 242a, 290aa, 290aa-3, 290aa-6, 290aa-8, 290bb-2, 290cc to 290cc-2, 300x, 300x-1a to 300x-4, 300x-5, 300x-9, and 300x-10 to 300x-12 of this title and section 484 of former Title 40, Public Buildings, Property, and Works, repealing sections 300y to 300y-2 of this title, enacting provisions set out as notes under this section and sections 290aa, 290cc-11, 300x-9a, and 300x-11 of this title, and amending provisions set out as a note under section 801 of Title 21, Food and Drugs] may be cited as the 'Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988'." Pub. L. 100-607, Sec. 1(a), Nov. 4, 1988, 102 Stat. 3048, provided that: "This Act [see Tables for classification] may be cited as the 'Health Omnibus Programs Extension of 1988'." Pub. L. 100-607, title I, Sec. 100(a), Nov. 4, 1988, 102 Stat. 3048, provided that: "This title [see Tables for classification] may be cited as the 'National Institute on Deafness and Other Communication Disorders and Health Research Extension Act of 1988'." Pub. L. 100-607, title II, Sec. 200, Nov. 4, 1988, 102 Stat. 3062, provided that: "This title [see Tables for classification] may be cited as the 'AIDS Amendments of 1988'." Pub. L. 100-607, title IV, Sec. 401(a), Nov. 4, 1988, 102 Stat. 3114, provided that: "This title [enacting sections 300y-21 to 300y-27 of this title, amending sections 273 to 274e of this title, and enacting provisions set out as notes under sections 273 and 300y-21 of this title] may be cited as the 'Organ Transplant Amendments Act of 1988'." Pub. L. 100-607, title VI, Sec. 601(a), Nov. 4, 1988, 102 Stat. 3122, as amended by Pub. L. 100-690, title II, Sec. 2603(a)(1), Nov. 18, 1988, 102 Stat. 4234, provided that: "This title [see Tables for classification] may be cited as the 'Health Professions Reauthorization Act of 1988'." Pub. L. 100-607, title VII, Sec. 700(a), Nov. 4, 1988, 102 Stat. 3153, provided that: "This title [enacting sections 296r, 297c-1, 297j, 297n, and 298b-6 of this title, amending sections 210, 294a, 296k, 296l, 296m, 297, 297-1, 297a, 297b, 297d, 297e, 298, and 298b-3 of this title, and enacting provisions set out as a note under section 297d of this title] may be cited as the 'Nursing Shortage Reduction and Education Extension Act of 1988'." Pub. L. 100-607, title IX, Sec. 901, Nov. 4, 1988, 102 Stat. 3171, provided that: "This title [enacting section 300ee-6 of this title and provisions set out as notes under such section] may be cited as the 'Prison Testing Act of 1988'." Pub. L. 100-578, Sec. 1, Oct. 31, 1988, 102 Stat. 2903, provided that: "This Act [amending section 263a of this title and enacting provisions set out as notes under section 263a of this title] may be cited as the 'Clinical Laboratory Improvement Amendments of 1988'." Pub. L. 100-572, Sec. 1, Oct. 31, 1988, 102 Stat. 2884, provided that: "This Act [enacting sections 247b-1 and 300j-21 to 300j-26 of this title, and amending section 300j-4 of this title] may be cited as the 'Lead Contamination Control Act of 1988'." Pub. L. 100-553, Sec. 1, Oct. 28, 1988, 102 Stat. 2769, provided that: "This Act [enacting sections 285m to 285m-6 of this title, amending sections 281 and 285j of this title, and enacting provisions set out as a note under section 285m of this title] shall be cited as the 'National Deafness and Other Communication Disorders Act of 1988'." Pub. L. 100-517, Sec. 1(a), Oct. 24, 1988, 102 Stat. 2578, provided that: "This Act [amending sections 300e, 300e-1, 300e-9, and 300e-10 of this title, enacting provisions set out as notes under sections 300e, 300e-9, and 1302 of this title, and repealing provisions set out as notes under section 300e-1 of this title] may be cited as the 'Health Maintenance Organization Amendments of 1988'." Pub. L. 100-386, Sec. 1(a), Aug. 10, 1988, 102 Stat. 919, provided that: "This Act [amending sections 254b and 254c of this title and enacting provisions set out as a note under section 254b of this title] may be cited as the 'Community and Migrant Health Centers Amendments of 1988'." SHORT TITLE OF 1987 AMENDMENTS Pub. L. 100-203, title IV, Sec. 4301(a), Dec. 22, 1987, 101 Stat. 1330-221, provided that: "This subtitle [subtitle D (Secs. 4301-4307) of title IV of Pub. L. 100-203, enacting section 300aa-34 of this title, amending sections 300aa-11 to 300aa-13, 300aa-15 to 300aa-17, 300aa-19, 300aa-21 to 300aa-23, 300aa-25 to 300aa-28, and 300aa-31 of this title, repealing section 300aa-18 of this title, and amending provisions set out as a note under section 300aa-1 of this title] may be cited as the 'Vaccine Compensation Amendments of 1987'." Pub. L. 100-177, Sec. 1(a), Dec. 1, 1987, 101 Stat. 986, provided that: "This Act [enacting sections 254l-1, 254q, and 254q-1 of this title, amending sections 242a, 242c, 242k, 242m, 242n, 242p, 247b, 254d to 254g, 254h-1, 254k, 254m to 254q, 254r, 295g-8, and 11137 of this title, repealing former section 254q of this title, and enacting provisions set out as notes under sections 242c, 242k, 242m, 254l-1, 254o, 300aa-2, and 11137 of this title] may be cited as the 'Public Health Service Amendments of 1987'." Pub. L. 100-175, title VI, Sec. 601, Nov. 29, 1987, 101 Stat. 979, provided that: "This title [enacting part K (Sec. 280c et seq.) of subchapter II of this chapter] may be cited as the 'Health Care Services in the Home Act of 1987'." Pub. L. 100-97, Sec. 1, Aug. 18, 1987, 101 Stat. 713, provided: "That this Act [enacting section 295g-8a of this title and provisions set out as a note under section 295g-8a of this title] may be cited as the 'Excellence in Minority Health Education and Care Act'." SHORT TITLE OF 1986 AMENDMENTS Pub. L. 99-660, title III, Sec. 301, Nov. 14, 1986, 100 Stat. 3755, provided that: "This title [enacting sections 300aa-1 to 300aa-33 of this title, amending sections 218, 242c, 262, 286, and 289f of this title, redesignating former sections 300aa to 300aa-15 of this title as sections 300cc to 300cc-15 of this title, and enacting provisions set out as notes under sections 300aa-1 and 300aa-4 of this title] may be cited as the 'National Childhood Vaccine Injury Act of 1986'." Pub. L. 99-660, title V, Sec. 501, Nov. 14, 1986, 100 Stat. 3794, provided that: "This title [enacting sections 300x-10 to 300x-13 of this title and amending sections 290aa-3 and 300x-4 of this title] may be cited as the 'State Comprehensive Mental Health Services Plan Act of 1986'." Pub. L. 99-660, title VIII, Sec. 801, Nov. 14, 1986, 100 Stat. 3799, provided that: "This title [amending sections 300e-1, 300e-4, 300e-5 to 300e-10, 300e-16, and 300e-17 of this title, repealing sections 300e-2, 300e-3, and 300e-4a of this title, and enacting provisions set out as notes under sections 300e, 300e-1, 300e-4, and 300e-5 of this title] may be cited as the 'Health Maintenance Organization Amendments of 1986'." Pub. L. 99-649, Sec. 1, Nov. 10, 1986, 100 Stat. 3633, provided: "That this Act [enacting sections 280b to 280b-3 of this title and provisions set out as a note under section 280b of this title] may be cited as the 'Injury Prevention Act of 1986'." Pub. L. 99-570, title IV, Sec. 4001(a), Oct. 27, 1986, 100 Stat. 3207-103, provided that: "This subtitle [subtitle A (Secs. 4001-4022) of title IV of Pub. L. 99-570, enacting sections 290aa-3a, 290aa-6 to 290aa-10, and 300y to 300y-2 of this title, amending sections 218, 241, 290aa to 290aa-3, 290aa-4, 290aa-5, 290bb-1, 290bb-2, 290cc, and 290cc-2 of this title and sections 331 and 350a of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 290aa-3, 290aa-3a, and 290bb of this title] may be cited as the 'Alcohol and Drug Abuse Amendments of 1986'." Pub. L. 99-339, Sec. 1, June 19, 1986, 100 Stat. 642, provided that: "This Act [enacting sections 300g-6, 300h-5 to 300h-7, 300i-1, and 300j-11 of this title, amending sections 300f, 300g-1 to 300g-5, 300h to 300h-2, 300h-4, 300h-6, 300h-7, 300i, 300j to 300j-4, 300j-7, and 6979a of this title and sections 1261 and 1263 of Title 15, Commerce and Trade, transferring section 6939b to 6979a of this title, and enacting provisions set out as notes under sections 300g-6 and 300j-1 of this title and section 1261 of Title 15] may be cited as the 'Safe Drinking Water Act Amendments of 1986'." Pub. L. 99-280, Sec. 1(a), Apr. 24, 1986, 100 Stat. 399, provided that: "This Act [amending sections 254b and 254c of this title and repealing sections 300y to 300y-11 of this title] may be cited as the 'Health Services Amendments Act of 1986'." SHORT TITLE OF 1985 AMENDMENTS Pub. L. 99-158, Sec. 1(a), Nov. 20, 1985, 99 Stat. 820, provided that: "This Act [enacting sections 275, 281 to 283, 284 to 284c, 285 to 285a-5, 285b to 285b-6, 285c to 285c-7, 285d to 285d-7, 285ed to 285e-2, 285f, 285g to 285g-3, 285h, 285i, 285j to 285j-2, 285k, 285l, 286 to 286a-1, 286b to 286b-8, 287 to 287a-1, 287b, 287c to 287c-3, 288 to 288b, and 289 to 289h of this title, amending sections 217a, 218, 241, 290aa-5, and 300c-12 of this title, repealing sections 275 to 280a-1, 280b to 280b-2, 280b-4, 280b-5, and 280b-7 to 280b-11 of this title, omitting sections 286c to 286e, 287d to 287i, 288c, 289, 289c-1 to 289c-3, 289c-4 to 289c-7, 289i to 289k, 289k-2 to 289k-5, and 289l to 289l-8 of this title, enacting provisions set out as notes under sections 218, 281, 285c, 285e, 285e-2, 285j-1 and 289d of this title, and repealing provisions set out as a note under section 287i of this title] may be cited as the 'Health Research Extension Act of 1985'." Pub. L. 99-129, Sec. 1, Oct. 22, 1985, 99 Stat. 523, provided: "That this Act [enacting sections 294q-1 to 294q-3 of this title, amending sections 254l, 292a, 292b, 292h, 292j, 293c, 294a, 294b, 294d, 294e, 294g, 294j, 294m to 294p, 294z, 295f to 295f-2, 295g, 295g-1, 295g-3, 295g-4, 295g-6 to 295g-8, 295g-8b, 295h, 295h-1a to 295h-1c, 296k, 296l, 296m, 297a, 298b-5, and 300aa-14 of this title, repealing sections 292c, 295 to 295e-5, 295g-2, 295g-5, 295g-8a, and 295g-9 of this title, enacting provisions set out as notes under sections 254l, 292h, 293c, 294d, 294n, and 300aa-14 of this title and section 462 of the Appendix to Title 50, War and National Defense, and amending provisions set out as a note under section 298b-5 of this title] may be cited as the 'Health Professions Training Assistance Act of 1985'." Pub. L. 99-117, Sec. 1(a), Oct. 7, 1985, 99 Stat. 491, provided that: "this Act [amending sections 207, 210, 213a, 242c, 242n, 243, 246, 247b, 247e, 253, 290aa-3, 300x-4, 300x-5, and 300x-9 of this title and section 1333 of Title 15, Commerce and Trade, repealing sections 247, 254a-1, 299 to 299j, 300d-4, 300d-6, and 300aa-4 of this title, and enacting provisions set out as notes under sections 210, 241, and 242n of this title] may be cited as the 'Health Services Amendments of 1985'." Pub. L. 99-92, Sec. 1, Aug. 16, 1985, 99 Stat. 393, provided: "That this Act [enacting section 297i of this title, transferring section 296c to section 298b-5 of this title, amending sections 296k to 296m, 297, 297-1, 297a, 297b, 297d, 297e, 298, 298b, and 298b-5 of this title, sections 1332, 1333, 1336, and 1341 of Title 15, Commerce and Trade, and section 6103 of Title 26, Internal Revenue Code, repealing sections 296 to 296b, 296d to 296f, 296j, 297h, and 297j of this title, and enacting provisions set out as notes under sections 296k and 298b-5 of this title and section 1333 of Title 15] may be cited as the 'Nurse Education Amendments of 1985'." SHORT TITLE OF 1984 AMENDMENTS Pub. L. 98-555, Sec. 1(a), Oct. 30, 1984, 98 Stat. 2854, provided that: "this Act [enacting sections 300w-9 and 300w-10 of this title and amending sections 247b, 247c, 255, 300, 300w, 300w-4, and 300w-5 of this title] may be cited as the 'Preventive Health Amendments of 1984'." Pub. L. 98-551, Sec. 1, Oct. 30, 1984, 98 Stat. 2815, provided: "That this Act [enacting section 300u-5 of this title, amending sections 242b, 242c, 242m, 242n, 254r, 300u, and 300u-3 of this title and sections 360bb and 360ee of Title 21, Food and Drugs, and repealing sections 300u-5 to 300u-9 of this title] may be cited as the 'Health Promotion and Disease Prevention Amendments of 1984'." Pub. L. 98-509, Sec. 1(a), Oct. 19, 1984, 98 Stat. 2353, provided that: "this Act [enacting sections 290bb-1a, 290cc-1, 290cc-2, and 300x-1a of this title, amending sections 218, 290aa, 290aa-1 to 290aa-3, 290bb, 290bb-2, 290cc, 290dd, 290dd-1, 300x, 300x-1, and 300x-2 to 300x-9 of this title and section 802 of Title 21, Food and Drugs, repealing sections 1161 to 1165 of Title 21, and enacting provisions set out as notes under sections 300x and 300x-1a of this title and section 802 of Title 21] may be cited as the 'Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984'." Pub. L. 98-507, Sec. 1, Oct. 19, 1984, 98 Stat. 2339, provided: "That this Act [enacting sections 273 to 274e of this title and provisions set out as notes under section 273 of this title] may be cited as the 'National Organ Transplant Act'." SHORT TITLE OF 1983 AMENDMENTS Pub. L. 98-194, Sec. 1, Dec. 1, 1983, 97 Stat. 1345, provided: "That this Act [amending section 254g of this title and enacting provisions set out as notes under section 254g of this title] may be cited as the 'Rural Health Clinics Act of 1983'." Pub. L. 98-24, Sec. 1(a), Apr. 26, 1983, 97 Stat. 175, provided that: "This Act [enacting sections 290aa-4 and 290aa-5 of this title, transferring sections 219 to 224, 225a to 227, 228 to 229d, 289k-1, 3511, 4551, 4585, 4587, 4588, 4571, 4561, 4581, and 4582 of this title to sections 300aa to 300aa-5, 300aa-6 to 300aa-8, 300aa-9 to 300aa-14, 290aa-3, 290aa, 290aa-1, 290bb, 290bb-1, 290bb-2, 290dd, 290dd-1, 290dd-2, and 290dd-3 of this title, respectively, and sections 1173(a), 1174, 1175, 1180, 1191, 1192, and 1193 of Title 21, Food and Drugs, to sections 290aa-2(e), 290ee-2, 290ee-3, 290ee-1, 290aa-2, 290ee, and 290cc of this title, respectively, amending sections 218, 278, 289l-4, 290aa to 290aa-2, 290bb to 290bb-2, 290cc, 290dd to 290dd-2, 290ee to 290ee-3, and 4577 of this title and sections 1165, 1173, and 1177 of Title 21, repealing sections 4552, 4553, and 4586 of this title and sections 1117, 1172, and 1194 of Title 21, enacting provisions set out as a note under section 290aa of this title, amending provisions set out as a note under section 4541 of this title, and repealing provisions set out as a note under section 242 of this title] may be cited as the 'Alcohol and Drug Abuse Amendments of 1983'." SHORT TITLE OF 1981 AMENDMENT Section 940(a) of Pub. L. 97-35 provided that: "This subtitle [subtitle F (Secs. 940-949) of title IX of Pub. L. 97-35, amending sections 300e to 300e-4a, 300e-6 to 300e-9, 300e-11, 300e-17, and 300m-6 of this title, repealing sections 300e-13 and 300e-15 of this title, and enacting provisions set out as notes under sections 300e-9 and 300m-6 of this title] may be cited as the 'Health Maintenance Organization Amendments of 1981'." SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-538, Sec. 1(a), Dec. 17, 1980, 94 Stat. 3183, provided that: "this Act [enacting sections 289c-3, 289c-4, 289c-7 of this title, amending sections 286e, 287c, 287i, 289a, 289c-1, 289c-2, 289c-5, 289c-6, 294a, 294d, 294v, 300k-1, 300l-5, 300m, 300m-3, 300m-6, 300n, and 300n-1 of this title and section 1182 of Title 8, Aliens and Nationality, repealing sections 289c-3a and 289c-8 and former sections 289c-3, 289c-4, and 289c-7 of this title, and enacting provisions set out as notes under sections 289, 300l-5, and 300m-6 of this title] may be cited as the 'Health Programs Extension Act of 1980'." SHORT TITLE OF 1979 AMENDMENTS Pub. L. 96-142, title I, Sec. 101, Dec. 12, 1979, 93 Stat. 1067, provided that: "This title [amending sections 295g-9, 300d-1, 300d-3, 300d-5, 300d-6, 300d-8, and 300d-21 of this title and enacting provisions set out as a note under section 295g-9 of this title] may be cited as the 'Emergency Medical Services Systems Amendments of 1979'." Pub. L. 96-142, title II, Sec. 201, Dec. 12, 1979, 93 Stat. 1070, provided that: "This title [enacting section 300c-12 and amending section 300c-11 of this title] may be cited as the 'Sudden Infant Death Syndrome Amendments of 1979'." Section 1(a) of Pub. L. 96-79 provided that: "This Act [enacting sections 300m-6, 300s, 300s-1, 300s-6, and 300t-11 to 300t-14 of this title, amending this section and sections 246, 300k-1 to 300k-3, 300l to 300l-5, 300m to 300m-5, 300n, 300n-1, 300n-3, 300n-5, 300q, 300q-2, 300r, 300s-3, 300s-5, 300t, 1396b, 2689t, and 4573 of this title and section 1176 of Title 21, Food and Drugs, repealing sections 300o to 300o-3, 300p to 300p-3, 300q-1, and former section 300s of this title, redesignating former section 300s-1 as 300s-1a of this title, and enacting provisions set out as notes under sections 300k-1, 300l, 300l-1, 300l-4, 300l-5, 300m, 300m-6, 300n, 300q, and 300t-11 of this title] may be cited as the 'Health Planning and Resources Development Amendments of 1979'." Pub. L. 96-76, title I, Sec. 101(a), Sept. 29, 1979, 93 Stat. 579, provided that: "This title [enacting section 297-1 of this title, amending sections 296, 296d, 296e, 296k to 296m, 297 to 297c, 297e, and 297j of this title, and enacting provisions set out as notes under sections 296 and 297j of this title] may be cited as the 'Nurse Training Amendments of 1979'." Pub. L. 96-76, title III, Sec. 301, Sept. 29, 1979, 93 Stat. 584, provided that: "This title [amending sections 204, 206, 207, 209, 210-1, 210b, 211, 212, 213a, 215, and 218a of this title and sections 201, 415, and 1006 of Title 37, Pay and Allowances of the Uniformed Services, and enacting provisions set out as a note under section 206 of this title] may be cited as the 'Public Health Service Administrative Amendments of 1979'." SHORT TITLE OF 1978 AMENDMENTS Pub. L. 95-626, Sec. 1(a), Nov. 10, 1978, 92 Stat. 3551, provided that: "This Act [enacting sections 242p, 247, 247a, 247b-1, 254a-1, 255, 256, 256a, 300a-21 to 300a-29, 300a-41, 300b-6, and 300u-6 to 300u-9 of this title, amending sections 218, 246, 247b, 247c, 247e, 254a, 254b, 254c, 254k, 294t, 294u, 295h-1, 300b, 300b-3, 300c-21, 300c-22, 300d-2, 300d-3, 300d-5, 300d-6, 300e-12, 300e-14a, 300u-5, 1396b, and 4846 of this title, repealing sections 256, 4801, 4811, 4844, and 4845 of this title, enacting provisions set out as notes under this section and sections 246, 247a, 247c, 254a-1, 254b to 254d, 256, 256a, 289b, 289d, 300a-21, 300d-2, and 300d-3 of this title, and amending provisions set out as notes under sections 300b and 1395x of this title] may be cited as the 'Health Services and Centers Amendments of 1978'." Pub. L. 95-626, title I, Sec. 101, Nov. 10, 1978, 92 Stat. 3551, provided that: "This part [part A (Secs. 101-107) of title I of Pub. L. 95-626, enacting section 256a of this title, amending sections 218, 247e, 254b, 254c, 255, 300e-12, 300e-14a, and 1396b of this title, repealing section 256 of this title, and enacting provisions set out as notes under sections 254b, 254c, and 256a of this title] may be cited as the 'Migrant and Community Health Centers Amendments of 1978'." Pub. L. 95-626, title I, Sec. 111, Nov. 10, 1978, 92 Stat. 3562, provided that: "This part [part B (Secs. 111-116) of title I of Pub. L. 95-626, enacting sections 254a-1 and 256 of this title, amending sections 294t and 294u of this title, and enacting provisions set out as notes under sections 254a-1, 254d, and 256 of this title] may be cited as the 'Primary Health Care Act of 1978'." Pub. L. 95-626, title II, Sec. 200, Nov. 10, 1978, 92 Stat. 3570, provided that: "This title [enacting sections 247, 247a, 255, and 300b-6 of this title, amending sections 246, 247b, 247c, 300b, 300b-3, 300c-21, 300c-22, 300d-2, 300d-3, 300d-5, 300d-6, and 4846 of this title, repealing sections 4801, 4811, 4844, and 4845 of this title, enacting provisions set out as notes under sections 246, 247a, 247c, 289d, 300d-2, and 300d-3 of this title, and amending provisions set out as notes under sections 300b and 1395x of this title] may be cited as the 'Health Services Extension Act of 1978'." Pub. L. 95-623, Sec. 1(a), Nov. 9, 1978, 92 Stat. 3443, provided that: "This Act [enacting sections 229c, 242n, and 4362a of this title, amending sections 210, 242b, 242c, 242k, 242m, 242o, 289k, 289l-1, 292e, 292h, 292i, 294t, 295f-1, 295f-2, 295g-2, 295g-8, 295h-2, 7411, 7412, 7417, and 7617 of this title, repealing section 280c of this title, enacting provisions set out as a note under section 242m of this title, and amending provisions set out as notes under sections 292h, 295h-4, and 296 of this title] may be cited as the 'Health Services Research, Health Statistics, and Health Care Technology Act of 1978'." Pub. L. 95-622, title II, Sec. 201(a), Nov. 9, 1978, 92 Stat. 3420, provided that: "This title [enacting sections 289l-6 to 289l-8 of this title, amending sections, 241, 248, 277, 280b, 281 to 286g, 287a to 287d, 287g, 287i, 289c-6, 289l to 289l-2, 289l-4, 4541, 4573, and 4585 of this title, and enacting provisions set out as notes under sections 241, 286b, 286f, 289a, and 289l-1 of this title] may be cited as the 'Biomedical Research and Research Training Amendments of 1978'." Pub. L. 95-559, Sec. 1(a), Nov. 1, 1978, 92 Stat. 2131, provided that: "This Act [enacting sections 300e-4a, 300e-16, and 300e-17 of this title, amending sections 300e, 300e-1, 300e-3, 300e-4, 300e-5, 300e-7, 300e-8, 300e-9, 300e-11 to 300e-13, 1320a-1, 1396a, and 1396b of this title, and enacting provisions set out as notes under sections 300e-3, 300e-4, 300e-16, and 1396a of this title] may be cited as the "Health Maintenance Organization Amendments of 1978'." SHORT TITLE OF 1977 AMENDMENTS Pub. L. 95-190, Sec. 1, Nov. 16, 1977, 91 Stat. 1393, provided that: "This Act [enacting sections 300j-10 and 7625a of this title, amending sections 300f, 300g-1, 300g-3, 300g-5, 300h, 300h-1, 300j to 300j-2, 300j-4, 300j-6, 300j-8, 7410, 7411, 7413, 7414, 7416, 7419, 7420, 7426, 7472 to 7475, 7478, 7479, 7502, 7503, 7506, 7521, 7522, 7525, 7541, 7545, 7549, 7602, 7604, 7607, 7623, and 7626 of this title, enacting provisions set out as notes under section 300f of this title, and section 5108 of Title 5, Government Organization and Employees, and amending provisions set out as notes under sections 300f, 7401, and 7502 of this title] may be cited as the 'Safe Drinking Water Amendments of 1977'." Section 101 of title I of Pub. L. 95-83 provided that: "This title [amending this section and sections 242m, 300e-8, 300k-3, 300l to 300l-5, 300m, 300m-2, 300m-4, 300m-5, 300n-3, 300n-5, 300o-1 to 300o-3, 300p, 300p-3, 300q, 300q-2, 300r, 300s-3, 300t, and 1396b of this title, and enacting provisions set out as a note under section 1396b of this title] may be cited as the 'Health Planning and Health Services Research and Statistics Extension Act of 1977'." Section 201 of title II of Pub. L. 95-83 provided that: "This title [amending sections 280b, 286b, 286c, 286d, 286f, 286g, 287c, 287d, 287f, 287h, 287i, and 289l-1 of this title] may be cited as the 'Biomedical Research Extension Act of 1977'." Section 301 of title III of Pub. L. 95-83 provided that: "This title [enacting section 294y-1 of this title, amending sections 210, 246, 247d, 254c, 292g, 292h, 293a, 294d, 294e, 294h, 294i, 294j, 294n, 294r, 294s, 294w, 294z, 295f-1, 295g-1, 295g-9, 295h-5, 295h-5c, 296e, 296m, 297, 300, 300a-1, 300a-2, 300a-3, 300c-11, 300c-21, 300c-22, 701, 2689a to 2689e, 2689h, 2689p, 2689q, 4572, 4573, and 4577 of this title, sections 1101 and 1182 of Title 8, Aliens and Nationality, sections 1112 and 1176 of Title 21, Food and Drugs, and section 1614 of Title 25, Indians, enacting provisions set out as notes under sections 242b, 242l, 294d, 294i, 294n, 294r, 294t, 294y-1, 294z, 295f-1, 295g-1, 295h-5, and 296m of this title and sections 1101 and 1182 of Title 8, and amending provisions set out as notes under sections 289k-2, 1395x, and 1396b of this title] may be cited as the 'Health Services Extension Act of 1977'." SHORT TITLE OF 1976 AMENDMENTS Pub. L. 94-573, Sec. 1(a), Oct. 21, 1976, 90 Stat. 2709, provided that: "This Act [enacting section 300d-21 of this title, amending sections 295f-6 and 300d to 300d-9 of this title, enacting provisions set out as notes under sections 242b, 300d, 300d-7, and 300d-9 of this title, and amending provisions set out as notes under sections 218, 289c-1, and 289l-1 of this title] may be cited as the 'Emergency Medical Services Amendments of 1976'." Pub. L. 94-562, Sec. 1(a), Oct. 19, 1976, 90 Stat. 2645, provided that: "This Act [enacting sections 289c-3a, 289c-7, and 289c-8 of this title, amending sections 289c-2, 289c-5, and 289c-6 of this title, and enacting provisions set out as notes under sections 289a, 289c-3a, and 289c-7 of this title] may be cited as the 'Arthritis, Diabetes, and Digestive Disease Amendments of 1976'." Section 1(a) of Pub. L. 94-484 provided that: "This Act [enacting sections 254 to 254k, 292, 292e to 292k, 294 to 294l, 294r to 294z, 294aa, 295f-1, 295g to 295g-8, 295g-10, 295h to 295h-2, and 295h-4 to 295h-7 of this title; renumbering sections 293d as 292a, 293e as 292b, 295h-8 as 292c, 295h-9 as 292d, 293g to 293i as 293d to 293f, 294 to 294c as 294m to 294p, 294e as 294q, 295f-5 as 295f-2, and 295f-6 as 295g-9 of this title; amending this section and sections 234, 244-1, 245a, 246, 247c, 254b, 263c, 292a to 292c, 293 to 293d, 293f, 294g, 294m to 294p, 295e-1 to 295e-4, 295f to 295f-4, 295g, 295g-11, 295g-23, 295h-1 to 295h-3, 297, 300a, 300d, 300d-7, 300f, 300l-1, 300n, and 300s-3 of this title and sections 1101 and 1182 of Title 8, Aliens and Nationality; repealing sections 234, 244-1, 245a, 254b, 292 to 292j, 293f, 294d, 294f, 294g, 295f-1, to 295f-4, 295g, 295g-1, 295g-11, and 295g-21 to 295g-23 of this title; omitting sections 295h to 295h-2, 295h-3a to 295h-3d, 295h-4, 295h-5, and 295h-7 of this title; and enacting provisions set out as notes under sections 254d, 292, 292b, 292h, 293, 293f, 294, 294n, 294o, 294q, 294r, 294t, 294z, 295g, 295g-1, 295g-9, 295g-10, 295h, 295h-4, and 300l-1 of this title and section 1182 of Title 8] may be cited as the 'Health Professions Educational Assistance Act of 1976'." Pub. L. 94-460, Sec. 1(a), Oct. 8, 1976, 90 Stat. 1945, provided that: "This Act [enacting section 300e-15 of this title, amending sections 242c, 289k-2, 300e, 300e-1 to 300e-11, 300e-13, 300n-1, 1395x note, 1395mm, and 1396b of this title, section 8902 of Title 5, Government Organization and Employees, and section 360d of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 300e and 1396b of this title] may be cited as the 'Health Maintenance Organization Amendments of 1976'." Pub. L. 94-380, Sec. 1, Aug. 12, 1976, 90 Stat. 1113, provided: "That this Act [amending section 247b of this title and enacting provisions set out as a note under section 247b of this title] may be cited as the 'National Swine Flu Immunization Program of 1976'." Section 101 of title I of Pub. L. 94-317 provided that: "This title [enacting subchapter XV of this chapter] may be cited as the 'National Consumer Health Information and Health Promotion Act of 1976'." Section 201 of title II of Pub. L. 94-317 provided that: "This title [amending sections 243, 247b, 247c, 4801, 4831, and 4841 to 4843 of this title and enacting provisions set out as notes under sections 247b and 247c of this title] may be cited as the 'Disease Control Amendments of 1976'." Pub. L. 94-278, Sec. 1(a), Apr. 22, 1976, 90 Stat. 401, provided that: "This Act [enacting sections 217a-1, 289l-5, 300b, 300b-1 to 300b-5 of this title and sections 350 and 378 of Title 21, Food and Drugs, and amending sections 213e, 225a, 234, 241, 247d, 254c, 287, 287a to 287d, 287f to 287i, 289a, 289c-1, 289c-5, 289c-6, 289l-1, 289l-2, 294b, 295g-23, 300c-11, 300l, 300p-3, 300s-1, 6062 and 6064 of this title and sections 321, 333, 334 and 343 of Title 21, and enacting provisions set out as notes under sections 218, 287, 289c-1, 289c-2, 289l-1, 300b and 6001 of this title and sections 334 and 350 of Title 21] may be cited as the 'Health Research and Health Services Amendment of 1976'." Pub. L. 94-278, title IV, Sec. 401, Apr. 22, 1976, 90 Stat. 407, provided that: "This title [enacting part A of subchapter IX of this chapter, omitting former Part B of of subchapter IX of this chapter relating to Cooley's Anemia Programs, redesignating former Parts C and D of subchapter IX of this chapter as Parts B and C of subchapter IX of this chapter, respectively, and amending section 300c-11 of this title] may be cited as the 'National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act'." Pub. L. 94-278, title VI, Sec. 601, Apr. 22, 1976, 90 Stat. 413, provided that: "This title [amending sections 289a, 289c-1, 289c-5, and 289c-6 of this title and amending provisions set out as notes under section 289c-1 of this title] may be cited as the 'National Arthritis Act Technical Amendments of 1976'." SHORT TITLE OF 1975 AMENDMENTS Pub. L. 94-63, title I, Sec. 101, July 29, 1975, 89 Stat. 304, provided that: "This title [amending section 246 of this title and enacting provisions set out as a note under section 246 of this title] may be cited as the 'Special Health Revenue Sharing Act of 1975'." Pub. L. 94-63, title II, Sec. 201, July 29, 1975, 89 Stat. 306, provided that: "This title [enacting sections 300a-6a and 300a-8 of this title, amending sections 300, 300a-1 to 300a-4 of this title, and repealing section 3505c of this title] may be cited as the 'Family Planning and Population Research Act of 1975'." Pub. L. 94-63, title IX, Sec. 901(a), July 29, 1975, 89 Stat. 354, provided that: "This title [enacting sections 296j to 296m and 298b-3 of this title, amending sections 296 to 296i, 297 to 297e, 297g to 297h, 298 to 298b-2, 298c, 298c-1 and 298c-7 of this title, repealing sections 296g, 296i, 297f, 298c-7, and 298c-8 of this title, and enacting provisions set out as notes under sections 296, 296a, 296d, 296e, 296m, 297, and 297b of this title and former section 297f of this title] may be cited as the 'Nurse Training Act of 1975'." Pub. L. 93-641, Sec. 1, Jan. 4, 1975, 88 Stat. 2225, provided that: "This Act [enacting subchapter XIII of this chapter amending section 300e-4 of this title, repealing section 247a of this title, and enacting provisions set out as notes under sections 217a, 229, 291b, 300l-4, and 300m of this title] may be cited as the 'National Health Planning and Resources Development Act of 1974'." SHORT TITLE OF 1974 AMENDMENTS Pub. L. 93-640, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided that: "This Act [enacting sections 289c-4, 289c-5, and 289c-6 of this title, amending sections 289a and 289c-1 of this title, and enacting provisions set out as notes under section 289c-1 of this title] may be cited as the 'National Arthritis Act of 1974'." Pub. L. 93-523, Sec. 1, Dec. 16, 1974, 88 Stat. 1660, as amended by Pub. L. 104-182, title V, Sec. 501(e), Aug. 6, 1996, 110 Stat. 1691, provided that: "This Act [enacting subchapter XII of this chapter and section 349 of Title 21, Food and Drugs, amending this section, and enacting provisions set out as a note under section 300f of this title] may be cited as the 'Safe Drinking Water Act of 1974'." Pub. L. 93-354, Sec. 1, July 23, 1974, 88 Stat. 373, provided that: "This Act [enacting sections 289c-1a, 289c-2, and 289c-3 of this title, amending sections 247b and 289c-1 of this title, and enacting provisions set out as notes under section 289c-2 of this title] may be cited as the 'National Diabetes Mellitus Research and Education Act'." Pub. L. 93-353, Sec. 1(a), July 23, 1974, 88 Stat. 362, provided that: "This Act [enacting sections 242k, 242m to 242o, and 253b of this title, renumbering former sections 242i, 242j, 242f, 242d, 242g, and 242h as sections 235, 236, 242l, 244-1, 245a, and 247d of this title, amending sections 236, 242b, 242c, 242l, 244-1, 245a, 280b, 280b-1, 280b-2, 280b-4, 280b-5, and 280b-7 to 280b-9, and repealing sections 242e, 244, 244a, 245, 247, 280b-3, and 280b-12 of this title, and enacting provisions set out as notes under sections 242m, 253b, and 280b of this title] may be cited as the 'Health Services Research, Health Statistics, and Medical Libraries Act of 1974'." Pub. L. 93-353, title I, Sec. 101, July 23, 1974, 88 Stat. 362, provided that: "This title [enacting sections 242k, 242m to 242o, and 253b, renumbering former sections 242i, 242j, 242f, 242d, 242g, and 242h as sections 235, 236, 242l, 244-1, 245a, and 247d of this title, amending sections 236, 242b, 242c, 242l, 244-1, and 245a, repealing sections 242e, 244, 244a, 245, and 247 of this title, and enacting provisions set out as notes under sections 242m and 253b of this title] may be cited as the 'Health Services Research and Evaluation and Health Statistics Act of 1974'." Pub. L. 93-352, title I, Sec. 101, July 23, 1974, 88 Stat. 358, provided that: "This title [enacting section 289l-4 of this title, amending sections 241, 282, 286a, 286b, 286c, 286d, 286g, and 289l of this title, enacting provisions set out as notes under sections 289l and 289l-1 of this title, and amending provisions set out as a note under this section] may be cited as the 'National Cancer Act Amendments of 1974'." Pub. L. 93-348, title I, Sec. 1, July 12, 1974, 88 Stat. 342, provided that: "This Act [enacting sections 289l-1 to 289l-3 of this title, amending sections 218, 241, 242a, 282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k, and 300a-7 of this title, and enacting provisions set out as notes under sections 218, 241, 289l-1, and 289l-3 of this title] may be cited as the 'National Research Act'." Pub. L. 93-348, title I, Sec. 101, July 12, 1974, 88 Stat. 342, provided that: "This title [enacting sections 289l-1 and 289l-2 and amending sections 241, 242a, 282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k, 295f-3, and 295h-9 of this title] may be cited as the 'National Research Service Award Act of 1974'." Pub. L. 93-296, Sec. 1, May 31, 1974, 88 Stat. 184, provided that: "This Act [enacting Part H of subchapter III of this chapter and provisions set out as notes under section 289k-2 of this title] may be cited as the 'Research on Aging Act of 1974'." Pub. L. 93-270, Sec. 1, Apr. 22, 1974, 88 Stat. 90, provided that: "This Act [enacting part B of subchapter IX of this chapter, amending sections 289d and 289g of this title, and enacting provisions set out as a note under section 289g of this title] may be cited as the 'Sudden Infant Death Syndrome Act of 1974'." SHORT TITLE OF 1973 AMENDMENTS Pub. L. 93-222, Sec. 1, Dec. 29, 1973, 87 Stat. 914, provided in part that Pub. L. 93-222 [enacting subchapter XI of this chapter and section 280c of this title, amending section 2001 of this title and section 172 of Title 12, Bank and Banking, repealing section 763c of Title 33, Navigation and Navigable Waters, enacting provisions set out as notes under sections 300e and 300e-1 of this title, amending provisions set out as notes under this section, and repealing provisions set out as notes under this section and sections 211a, 212a, and 222 of this title] shall be cited as the "Health Maintenance Organization Act of 1973." Pub. L. 93-154, Sec. 1, Nov. 16, 1973, 87 Stat. 594, provided that: "This Act [enacting subchapter X of this chapter and section 295f-6 of this title, amending sections 295f-2 and 295f-4 of this title, and enacting provisions set out as a note under this section] may be cited as the 'Emergency Medical Services Systems Act of 1973'." Pub. L. 93-45, Sec. 1, June 18, 1973, 87 Stat. 91, provided that: "This Act [enacting section 300a-7 of this title, amending sections 242b, 242c, 244-1, 245a, 246, 280b-4, 280b-5 280b-7, 280b-8, 280b-9, 291a, 291j-1, 291j-5, 295h-1, 295h-2, 295h-3a, 299a, 300, 300a-1, 300a-2, 300a-3, 2661, 2671, 2677, 2681, 2687, 2688a, 2688d, 2688j-1, 2688j-2, 2688l, 2688l-1, 2688n-1, 2688o, and 2688u of this title, and enacting provisions set out as amendment to note provisions under this section] may be cited as the 'Health Programs Extension Act of 1973'." SHORT TITLE OF 1972 AMENDMENTS Pub. L. 92-585, Sec. 1, Oct. 27, 1972, 86 Stat. 1290, provided that: "This Act [enacting section 234 of this title, amending sections 254b and 294a of this title, and enacting provisions set out as a note under section 246 of this title] may be cited as the 'Emergency Health Personnel Act Amendments of 1972'." Pub. L. 92-449, Sec. 1, Sept. 30, 1972, 86 Stat. 748, provided that: "This Act [enacting section 247c of this title, amending sections 247b and 300 of this title, and enacting provisions set out as notes under section 247c of this title] may be cited as the 'Communicable Disease Control Amendments Act of 1972'." Pub. L. 92-449, title II, Sec. 201, Sept. 30, 1972, 86 Stat. 750, provided that: "This title [enacting section 247c of this title and provisions set out as notes under section 247c of this title] may be cited as the 'National Venereal Disease Prevention and Control Act'." Pub. L. 92-423, Sec. 1, Sept. 19, 1972, 86 Stat. 679, provided that: "This Act [enacting sections 287b to 287f and 287i of this title, amending sections 218, 241, 287, 287a, 287g, and 287h of this title, and enacting provisions set out as notes under section 287 of this title] may be cited as the 'National Heart, Blood Vessel, Lung, and Blood Act of 1972'." SHORT TITLE OF 1971 AMENDMENTS Pub. L. 92-218, Sec. 1, Dec. 23, 1971, 85 Stat. 778, provided that: "This Act [enacting sections 286a to 286g and 289l of this title, amending sections 218, 241, 282, 283, and 284 of this title, and enacting provisions set out as notes under sections 281, 286, and 289l of this title] may be cited as 'The National Cancer Act of 1971'." Pub. L. 92-158, Sec. 1(a), Nov. 18, 1971, 85 Stat. 465, provided that: "This Act [enacting sections 296h, 296i, 297i, 298b-1, and 298b-2 of this title, amending sections 296, 296a, 296b, 296c, 296d, 296e, 296f, 296g, 297, 297a, 297b, 297c, 297e, 297f, 298, 298b, 298c, and 298c-7 of this title and enacting provisions set out as notes under sections 296, 296a, 296d, 296e, 297b, and 298c of this title] may be cited as the 'Nurse Training Act of 1971'." Pub. L. 92-157, title I, Sec. 101(a), Nov. 18, 1971, 85 Stat. 431, provided that: "This title [enacting sections 293i, 294g, 295e-1 to 295e-5, 295f-5, 295g-11, 295g-21 to 295g-23, and 3505d of this title, amending sections 210 to 218, 242i, 254, 276, 277, 280, 280a-1, 292b, 292d to 292f, 292h to 292j, 293 to 293e, 293g, 293h, 294 to 294f, 295f to 295f-4, 295g, 295g-1, 295h-3d, 295h-4, 295h-8, 295h-9, 1857c-6, 1857c-8, 1857f-6c, 1857h-5, and 2676 of this title and section 346a of Title 21, Food and Drugs, and enacting provisions set out as notes under section 295h-8 of this title] may be cited as the 'Comprehensive Health Manpower Training Act of 1971'." SHORT TITLE OF 1970 AMENDMENTS Pub. L. 91-623, Sec. 1, Dec. 31, 1970, 84 Stat. 1868, provided: "That this Act [enacting sections 233 and 254b of this title] may be cited as the 'Emergency Health Personnel Act of 1970'." Pub. L. 91-572, Sec. 1, Dec. 24. 1970, 84 Stat. 1504, provided that: "This Act [enacting sections 300 to 300a-6 and 3505a to 3505c of this title, amending sections 211a, 212a of this title and section 763c of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under sections 201, 222, and 300 of this title] may be cited as the 'Family Planning Services and Population Research Act of 1970'." Pub. L. 91-519, Sec. 1, Nov. 2, 1970, 84 Stat. 1342, provided that: "This Act [enacting sections 295h-3a to 295h-3d, 295h-8, and 296h-9 of this title, amending sections 295f-1, 295f-2, 295h to 295h-2, 295h-4, and 295h-7 of this title, repealing section 295h-3 of this title, and enacting provisions set out as notes under sections 295f-1, 295-f2, and 295h-4 of this title] may be cited as the 'Health Training Improvement Act of 1970'." Pub. L. 91-515, title I, Sec. 101, Oct. 30, 1970, 84 Stat. 1297, provided that: "This title [amending sections 299 to 299g, 299i, and 299j of this title] may be cited as the 'Heart Disease, Cancer, Stroke, and Kidney Disease Amendments of 1970'." Pub. L. 91-464, Sec. 1, Oct. 16, 1970, 84 Stat. 988, provided: "That this Act [amending section 247b of this title] may be cited as the 'Communicable Disease Control Amendments of 1970'." Pub. L. 91-296, Sec. 1(a), June 30, 1970, 84 Stat. 336, provided that: "This Act [enacting sections 229b, 291j-1 to 291j-10, and 291o-1 of this title, amending sections 291a, 242b, 245a, 246, 291 note, 291b, 291c, 291d, 291e, 291f, 291i, 291k to 291m-1, 291o, and 299a of this title and section 1717 of Title 12, Banks and Banking, enacting provisions set out as notes under this section and sections 242, 245a, 246, 291a, 291b, 291c, 291e, 291f, 291o, 295h-6, and 2688p of this title, and repealing sections 295h-6 and 2688p of this title] may be cited as the 'Medical Facilities Construction and Modernization Amendments of 1970'." Section 1 of Pub. L. 91-212 provided that: "This Act [enacting section 280b-12 of this title and amending this section and sections 276 to 278, 280, 280a-1, 280b, 280b-2 to 280b-9, and 280b-11 of this title] may be cited as the 'Medical Library Assistance Extension Act of 1970'." SHORT TITLE OF 1968 AMENDMENTS Pub. L. 90-574, title IV, Sec. 401, Oct. 15, 1968, 82 Stat. 1011, provided that: "This title [amending sections 291a and 291b of this title] may be cited as the 'Hospital and Medical Facilities Construction and Modernization Assistance Amendments of 1968'." Pub. L. 90-490, Sec. 1, Aug. 16, 1968, 82 Stat. 773, provided: "That this Act [enacting sections 294f, 295g-1, 295h-6, 295h-7, 296f, 296g, and 297h of this title, amending sections 242d, 242g, 292b to 292e, 293 to 293d, 294 to 294d, 295f to 295f-4, 295g, 295h to 295h-3, 296 to 296b, 296d, 296e, 297 to 297f, 298b, 298c, and 298c-1 of this title, omitting sections 298c-2 to 298c-6 of this title, and enacting provisions set out as notes under sections 292b, 292e, 293 to 293c, 294f, 295f, 295f-2, 295g, 296, 296d, 296f, and 297a of this title] may be cited as the 'Health Manpower Act of 1968'." SHORT TITLE OF 1967 AMENDMENTS Pub. L. 90-174, Sec. 1, Dec. 5, 1967, 81 Stat. 533, provided: "That this Act [enacting sections 217b, 254a, 263a, and 291m-1 of this title, amending sections 241, 242, 242b, 243, 244, 246, 249, 251, 293e, 295h-4, and 296e of this title, repealing section 291n of this title, and enacting provisions set out as notes under this section and sections 242b, 242c, 246, 263a, and 296e of this title] may be cited as the 'Partnership for Health Amendments of 1967'." Pub. L. 90-174, Sec. 5(c), Dec. 5, 1967, 81 Stat. 539, provided that: "This section [enacting section 263a of this title and provisions set out as notes under section 263a of this title] may be cited as the 'Clinical Laboratories Improvement Act of 1967'." Pub. L. 90-31, Sec. 1, June 24, 1967, 81 Stat. 79, provided: "That this Act [enacting section 225a of this title and amending sections 2681, 2684, 2687, 2688a, 2688d, and 2691 of this title] may be cited as the 'Mental Health Amendments of 1967'." SHORT TITLE OF 1966 AMENDMENTS Pub. L. 89-751, Sec. 1, Nov. 3, 1966, 80 Stat. 1222, provided: "That this Act [enacting sections 295h to 295h-5 and 298c to 298c-8 of this title, amending sections 292b, 294d, 294n to 294p, 296, 297c to 297f, and 298 of this title and section 1717 of Title 12, Banks and Banking, and enacting provisions set out as notes under sections 294, 294d, 297c, and 297f of this title] may be cited as the 'Allied Health Professions Personnel Training Act of 1966'." Pub. L. 89-749, Sec. 1, Nov. 3, 1966, 80 Stat. 1180, provided: "That this Act [amending 243, 245a, and 246 of this title, repealing sections 247a and 247c of this title, and enacting provisions set out as notes under this section and sections 243 and 245a of this title] may be cited as the 'Comprehensive Health Planning and Public Health Services Amendments of 1966'." Pub. L. 89-709, Sec. 1, Nov. 2, 1966, 80 Stat. 1103, provided: "That this Act [amending sections 293, 293a, 293d, 293e, 294, 294a, and 294b of this title] may be cited as the 'Veterinary Medical Education Act of 1966'." SHORT TITLE OF 1965 AMENDMENTS Section 1 of Pub. L. 89-291, Oct. 22, 1965, 79 Stat. 1059, provided that: "This Act [enacting section 280a-1 of this title and Part J of subchapter II of this chapter and amending section 277 of this title] may be cited as the 'Medical Library Assistance Act of 1965'." Pub. L. 89-290, Sec. 1, Oct. 22, 1965, 79 Stat. 1052, provided that: "This Act [enacting sections 295f to 295f-4 and 295g of this title and amending sections 293, 293a, 293d, 294 to 294d, 297b, and 298b of this title] may be cited as the 'Health Professions Educational Assistance Amendments of 1965'." Pub. L. 89-239, Sec. 1, Oct. 6, 1965, 79 Stat. 926, provided: "That this Act [enacting sections 299 to 299i of this title, amending sections 211a and 212a of this title, sections 757, 790, 800 of former Title 5, Executive Departments and Government Officers and Employees, and section 763c of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under sections 201, 214, 222, and 249 of this title] may be cited as the 'Heart Disease, Cancer, and Stroke Amendments of 1965'." Pub. L. 89-115, Sec. 1, Aug. 9, 1965, 79 Stat. 448, provided: "That this Act [amending sections 241, 292c, and 292d of this title and section 2211 of former Title 5, Executive Departments and Government Officers and Employees, and enacting section 623h of former Title 5 and provisions set out as a note thereunder] may be cited as the 'Health Research Facilities Amendments of 1965'." Pub. L. 89-109, Sec. 1, Aug. 5, 1965, 79 Stat. 435, provided: "That this Act [amending sections 246, 247a, 247b, and 247d of this title] may be cited as the 'Community Health Services Extension Amendments of 1965'." SHORT TITLE OF 1964 AMENDMENTS Pub. L. 88-581, Sec. 1, Sept. 4, 1964, 78 Stat. 908, provided: "That this Act [enacting subchapter VI of this chapter, amending sections 291c, 291o, 293, 293a, 293e, and 293h of this title, and enacting provisions set out as notes under sections 201, 211a, 212a, 222, 291c, 293, 293e, and 293h of this title, sections 757, 790, and 800 of former Title 5, Executive Departments and Government Officers and Employees, and section 763c of Title 33, Navigation and Navigable Waters] may be cited as the 'Nurse Training Act of 1964'." Pub. L. 88-497, Sec. 1, Aug. 27, 1964, 78 Stat. 613, provided that: "This Act [amending sections 244-1 and 245a of this title] may be cited as the 'Graduate Public Health Training Amendments of 1964'." Pub. L. 88-443, Sec. 1, Aug. 18, 1964, 78 Stat. 447, provided that: "This Act [enacting sections 247c, 291 to 291j, 291k to 291m, 291n, and 291o of this title and enacting provisions set out as notes under section 291 of this title] may be cited as the 'Hospital and Medical Facilities Amendments of 1964'." SHORT TITLE OF 1963 AMENDMENT Pub. L. 88-129, Sec. 1, Sept. 24, 1963, 77 Stat. 164, provided: "That this Act [enacting sections 292j, 293 to 293h, and 294 to 294e and amending sections 292 to 292b and 292d to 292i of this title] may be cited as the 'Health Professions Educational Assistance Act of 1963'." SHORT TITLE OF 1962 AMENDMENT Pub. L. 87-868, Sec. 1, Oct. 23, 1962, 76 Stat. 1155, provided that this Act [enacting section 247b of this title] may be cited as the "Vaccination Assistance Act of 1962." SHORT TITLE OF 1961 AMENDMENT Pub. L. 87-395, Sec. 1, Oct. 5, 1961, 75 Stat. 824, provided: "That this Act [enacting section 247a of this title, amending sections 246, 289c, 291i, 291n, 291s, 291t, 291w, and 292c to 292g of this title, and enacting provisions set out as a note under section 291s of this title] may be cited as the 'Community Health Services and Facilities Act of 1961'." SHORT TITLE OF 1960 AMENDMENT Section 1 of Pub. L. 86-415, Apr. 8, 1960, 74 Stat. 32, provided: "That this Act [amending this section and sections 209, 210, 211, 212, 253, and 415 of this title and section 2251 of former Title 5, Executive Departments and Government Officers and Employees, and enacting provisions set out as notes under sections 209 and 212 of this title and section 2253 of former Title 5] may be cited as the 'Public Health Service Commissioned Corps Personnel Act of 1960'." SHORT TITLE OF 1956 AMENDMENTS Section 2 of act Aug. 3, 1956, ch. 907, 70 Stat. 962, provided that: "This Act [enacting part I of subchapter II of this chapter] may be cited as the 'National Library of Medicine Act'." Act July 3, 1956, ch. 510, Sec. 1, 70 Stat. 489, provided that: "This Act [enacting section 246 of this title, amended section 241 of this title, and enacting provisions set out as a note under section 246 of this title] may be cited as the 'National Health Survey Act'." SHORT TITLE OF 1955 AMENDMENT Joint Res. July 28, 1955, ch. 417, Sec. 1, 69 Stat. 382, provided that: "This joint resolution [enacting section 242b of this title and provisions set out as a note under section 242b of this title] may be cited as the 'Mental Health Study Act of 1955'." SHORT TITLE OF 1948 AMENDMENTS Section 1 of act June 24, 1948, provided that: "This Act [enacting part C of subchapter III of this chapter and amending this section and sections 210, 218, and 241 of this title] may be cited as the 'National Dental Research Act'." Section 1 of act June 16, 1948, provided that: "This Act [enacting sections 287 to 287c of this title and amending this section and sections 203, 206, 210, 218, 219, 241, 246, 281, 283, and 286 of this title] may be cited as the 'National Heart Act'." SHORT TITLE OF 1946 AMENDMENT Section 1 of act July 3, 1946, provided: "That this Act [enacting sections 232 and 242a of this title, amending this section and sections 209, 210, 215, 218, 219, 241, 244, and 246 of this title, and enacting provisions set out as a note under this section] may be cited as the 'National Mental Health Act'." SHORT TITLE Section 1 of act July 1, 1944, as amended by acts Aug. 13, 1946, ch. 958, Sec. 4, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(a), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(a), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(a), 79 Stat. 930; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(a), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(a), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(1), 87 Stat. 604; Dec. 29, 1973, Pub. L. 93-222, Sec. 7(a), 87 Stat. 936, provided that: "This Act [enacting this chapter] may be cited as the 'Public Health Service Act'." Section 329 of act July 1, 1944, formerly Sec. 310, as added by Pub. L. 87-692, Sept. 25, 1962, 76 Stat. 592, amended and renumbered, formerly classified to section 254b of this title, was popularly known as the "Migrant Health Act". Section 1400 of title XIV of act July 1, 1944, as added Aug. 6, 1996, Pub. L. 104-182, title V, Sec. 501(e), 110 Stat. 1691, provided that: "This title [enacting subchapter XII of this chapter] may be cited as the 'Safe Drinking Water Act'." RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506, Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, repealed and amended sections in this title and in Title 8, Aliens and Nationality, Title 14, Coast Guard, Title 21, Food and Drugs, Title 24, Hospitals and Asylums, former Title 31, Money and Finance, Title 33, Navigation and Navigable Waters, former Title 34, Navy, Title 44, Public Printing and Documents, former Title 46, Shipping, Title 48, Territories and Insular Possessions, and former Title 49, Transportation, and was itself repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. SAVINGS PROVISION Section 1314, formerly Sec. 612, of act July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, provided that the repeal of statutes and parts of statutes by sections 1313, formerly Sec. 611, of act July 1, 1944, not affect any act done, right accruing or accrued, or suit or proceeding had or commenced in any civil cause before such repeal, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3, of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. -MISC3- CONGRESSIONAL DECLARATION OF PURPOSE FOR COMPREHENSIVE ALCOHOL ABUSE, DRUG ABUSE, AND MENTAL HEALTH AMENDMENTS ACT OF 1988 Pub. L. 100-690, title II, Sec. 2012, Nov. 18, 1988, 102 Stat. 4193, provided that: "The purposes of this subtitle [subtitle A (Secs. 2011-2081) of title II of Pub. L. 100-690, see Tables for classification] with respect to substance abuse are - "(1) to prevent the transmission of the etiologic agent for acquired immune deficiency syndrome by ensuring that treatment services for intravenous drug abuse are available to intravenous drug abusers; "(2) to continue the Federal Government's partnership with the States in the development, maintenance, and improvement of community-based alcohol and drug abuse programs; "(3) to provide financial and technical assistance to the States and communities in their efforts to develop and maintain a core of prevention services for the purpose of reducing the incidence of substance abuse and the demand for alcohol and drug abuse treatment; "(4) to assist and encourage States in the initiation and expansion of prevention and treatment services to underserved populations; "(5) to increase, to the greatest extent possible, the availability and quality of treatment services so that treatment on request may be provided to all individuals desiring to rid themselves of their substance abuse problem; and "(6) to increase understanding about the extent of alcohol abuse and other forms of drug abuse by expanding data collection activities and supporting research on the comparative cost and efficacy of substance abuse prevention and treatment services." PURPOSE OF ACT JULY 3, 1946 Section 2 of act July 3, 1946, provided: "The purpose of this Act [see Short Title of 1946 Amendment note above] is the improvement of the mental health of the people of the United States through the conducting of researches, investigations, experiments, and demonstrations relating to the cause, diagnosis, and treatment of psychiatric disorders; assisting and fostering such research activities by public and private agencies, and promoting the coordination of all such researches and activities and the useful application of their results; training personnel in matters relating to mental health; and developing, and assisting States in the use of, the most effective methods of prevention, diagnosis, and treatment of psychiatric disorders." EXISTING POSITIONS, PROCEDURES, REGULATIONS, FUNDS, APPROPRIATIONS, AND PROPERTY Sections 1301 to 1303, formerly Secs. 601 to 603, of act July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 3, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, related to the effect of this chapter on existing positions, procedures, regulations, funds, appropriations, and property, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. APPROPRIATIONS FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES Section 1304, formerly Sec. 604, of act July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, authorized annual appropriations during World War II and during period of demobilization to conduct health and sanitation activities in military, naval, or industrial areas, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of section 1004 of act July 1, 1944, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941. AVAILABILITY OF APPROPRIATIONS Pub. L. 91-296, title VI, Sec. 601, June 30, 1970, 84 Stat. 353, as amended Pub. L. 93-45, title IV, Sec. 401(a), June 18, 1973, 87 Stat. 95; Pub. L. 93-352, title I, Sec. 113, July 23, 1974, 88 Stat. 360, provided that: "Notwithstanding any other provision of law, unless enacted after the enactment of this Act [June 30, 1970] expressly in limitation of the provisions of this section, funds appropriated for any fiscal year to carry out any program for which appropriations are authorized by the Public Health Service Act (Public Law 410, Seventy-eighth Congress, as amended) [this chapter] or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88-164, as amended) [sections 2689 et seq. and 6001 et seq. of this title] shall remain available for obligation and expenditure until the end of such fiscal year." FEDERAL ACCOUNTABILITY Pub. L. 102-321, title II, Sec. 203(b), July 10, 1992, 106 Stat. 410, provided that: "Any rule or regulation of the Department of Health and Human Services that is inconsistent with the amendments made by this Act [see Tables for classification] shall not have any legal effect, including section 50(e) of part 96 of title 45, Code of Federal Regulations (45 CFR 96.50(e))." HAZARDOUS SUBSTANCES Federal Hazardous Substances Act as not modifying this chapter, see Pub. L. 86-613, Sec. 18, July 12, 1960, 74 Stat. 380, set out as a note under section 1261 of Title 15, Commerce and Trade. -CROSS- DEFINITION OF "SECRETARY" Pub. L. 90-574, title V, Sec. 507, Oct. 15, 1968, 82 Stat. 1013, as amended by Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, provided that: "As used in the amendments made by this Act [enacting sections 229a, 299j, 2688e to 2688q, and 2697a of this title, amending sections 210g, 242h, 291a, 291b, 299a to 299e, 2693, and 3259 of this title, repealing section 3442 of this title, and enacting provisions set out as notes under sections 291a, 2688e, 3442 of this title, section 278 of Title 22, Foreign Relations and Intercourse, and section 3681 of Title 38, Veterans' Benefits], the term 'Secretary' means the Secretary of Health and Human Services." Pub. L. 90-174, Sec. 15, Dec. 5, 1967, 81 Stat. 542, as amended by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: "As used in the amendments made by this Act [enacting sections 217b, 243(c), 251(b), 254a, 263a, and 291m-1 and amending sections 242b, 242g(c), 246(d)(1), (e), and 296e(c)(1) of this title] the term 'Secretary' means the Secretary of Health and Human Services." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 3672. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Part A - Administration 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- PART A - ADMINISTRATION -End- -CITE- 42 USC Sec. 202 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 202. Administration and supervision of Service -STATUTE- The Public Health Service in the Department of Health and Human Services shall be administered by the Assistant Secretary for Health under the supervision and direction of the Secretary. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 201, 58 Stat. 683; 1953 Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 103-43, title XX, Sec. 2008(f), June 10, 1993, 107 Stat. 212.) -MISC1- AMENDMENTS 1993 - Pub. L. 103-43 substituted "Health and Human Services" for "Health, Education, and Welfare" and "Assistant Secretary for Health" for "Surgeon General". -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department 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. -MISC2- INTERNATIONAL HEALTH ADMINISTRATION Ex. Ord. No. 10399, Sept. 27, 1952, 17 F.R. 8648, designated Surgeon General to perform certain duties under International Sanitary Regulations of World Health Organization. REORGANIZATION PLAN NO. 3 OF 1966 EFF. JUNE 25, 1966, 31 F.R. 8855, 80 STAT. 1610 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 25, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et seq.]. PUBLIC HEALTH SERVICE SECTION 1. TRANSFER OF FUNCTIONS (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of Health, Education, and Welfare (hereinafter referred to as the Secretary) all functions of the Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service. (b) This section shall not apply to the functions vested by law in any advisory council, board, or committee of or in the Public Health Service which is established by law or is required by law to be established. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Secretary may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any officer, employee, or agency of the Public Health Service or of the Department of Health, Education, and Welfare. SEC. 3. ABOLITIONS (a) The following agencies of the Public Health Service are hereby abolished: (1) The Bureau of Medical Services, including the office of Chief of the Bureau of Medical Services. (2) The Bureau of State Services, including the office of Chief of the Bureau of State Services. (3) The agency designated as the National Institutes of Health (42 U.S.C. 203), including the office of Director of the National Institutes of Health (42 U.S.C. 206(b)) but excluding the several research Institutes in the agency designated as the National Institutes of Health. (4) The agency designated as the Office of the Surgeon General (42 U.S.C. 203(1)), together with the office held by the Deputy Surgeon General (42 U.S.C. 206(a)). (b) The Secretary shall make such provisions as he shall deem necessary respecting the winding up of any outstanding affairs of the agencies abolished by the provisions of this section. SEC. 4. INCIDENTAL TRANSFERS As he may deem necessary in order to carry out the provisions of this reorganization plan, the Secretary may from time to time effect transfers within the Department of Health, Education, and Welfare of any of the records, property, personnel and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of the Department which relate to functions affected by this reorganization plan. [The Secretary and Department of Health, Education, and Welfare were redesignated the Secretary and Department of Health and Human Services, respectively, by 20 U.S.C. 3508.] MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization of health functions of the Department of Health, Education, and Welfare. I Today we face new challenges and unparalleled opportunities in the field of health. Building on the progress of the past several years, we have truly begun to match the achievements of our medicine to the needs of our people. The task ahead is immense. As a nation, we will unceasingly pursue our research and learning, our training and building, our testing and treatment. But now our concern must also turn to the organization of our Federal health programs. As citizens we are entitled to the very best health services our resources can provide. As taxpayers, we demand the most efficient and economic health organizations that can be devised. I ask the Congress to approve a reorganization plan to bring new strength to the administration of Federal health programs. I propose a series of changes in the organization of the Public Health Service that will bring to all Americans a structure modern in design, more efficient in operation and better prepared to meet the great and growing needs of the future. Through such improvements we can achieve the full promise of the landmark health legislation enacted by the 89th Congress. I do not propose these changes lightly. They follow a period of careful deliberation. For many months the Secretary of Health, Education, and Welfare, and the Surgeon General have consulted leading experts in the Nation - physicians, administrators, scientists, and public health specialists. They have confirmed my belief that modernization and reorganization of the Public Health Service are urgently required and long overdue. II The Public Health Service is an operating agency of the Department of Health, Education, and Welfare. It is the principal arm of the Federal Government in the field of health. Its programs are among those most vital to our well-being. Since 1953 more than 50 new programs have been placed in the Public Health Service. Its budget over the past 12 years has increased tenfold - from $250 million to $2.4 billion. Today the organization of the Public Health Service is clearly obsolete. The requirement that new and expanding programs be administered through an organizational structure established by law more than two decades ago stands as a major obstacle to the fulfillment of our Nation's health goals. As presently constituted, the Public Health Service is composed of four major components: National Institutes of Health. Bureau of State Services. Bureau of Medical Services. Office of the Surgeon General. Under present law, Public Health Service functions must be assigned only to these four components. This structure was designed to provide separate administrative arrangements for health research, programs of State and local aid, health services, and executive staff resources. At a time when these functions could be neatly compartmentalized, the structure was adequate. But today the situation is different. Under recent legislation many new programs provide for an integrated attack on specific disease problems or health hazards in the environment by combining health services, State and local aid, and research. Each new program of this type necessarily is assigned to one of the three operating components of the Public Health Service. Yet none of these components is intended to administer programs involving such a variety of approaches. Our health problems are difficult enough without having them complicated by outmoded organizational arrangements. But if we merely take the step of integrating the four agencies within the Public Health Service we will not go far enough. More is required. III The Department of Health, Education, and Welfare performs major health or health-related functions which are not carried out through the Public Health Service, although they are closely related to its functions. Among these are: Health insurance for the aged, administered through the Social Security Administration; Medical assistance for the needy, administered through the Welfare Administration; Regulation of the manufacture, labeling, and distribution of drugs, carried out through the Food and Drug Administration; and Grants-in-aid to States for vocational rehabilitation of the handicapped, administered by the Vocational Rehabilitation Administration. Expenditures for health and health-related programs of the Department administered outside the Public Health Service have increased from $44 million in 1953 to an estimated $5.4 billion in 1967. As the head of the Department, the Secretary of Health, Education, and Welfare is responsible for the Administration and coordination of all the Department's health functions. He has clear authority over the programs I have just mentioned. But today he lacks this essential authority over the Public Health Service. The functions of that agency are vested in the Surgeon General and not in the Secretary. This diffusion of responsibility is unsound and unwise. To secure the highest possible level of health services for the American people the Secretary of Health, Education, and Welfare must be given the authority to establish - and modify as necessary - the organizational structure for Public Health Service programs. He must also have the authority to coordinate health functions throughout the Department. The reorganization plan I propose will accomplish these purposes. It will provide the Secretary with the flexibility to create new and responsive organizational arrangements to keep pace with the changing and dynamic nature of our health programs. My views in this respect follow a basic principle of good government set by the Hoover Commission in 1949 when it recommended that "the Department head should be given authority to determine the organization within his Department." IV In summary, the reorganization plan would: Transfer to the Secretary of Health, Education, and Welfare the functions now vested in the Surgeon General of the Public Health Service and in its various subordinate units (this transfer will not affect certain statutory advisory bodies such as the National Advisory Cancer and Heart Councils); Abolish the four principal statutory components of the Public Health Service, including the offices held by their heads (the Bureau of Medical Services, the Bureau of State Services, the National Institutes of Health exclusive of its several research institutes such as the National Cancer and Heart Institutes, and the Office of the Surgeon General); and Authorize the Secretary to assign the functions transferred to him by the plan to officials and entities of the Public Health Service and to other agencies of the Department as he deems appropriate. Thus, the Secretary would be - Enabled to assure that all health functions of the Department are carried out as effectively and economically as possible; Given authority commensurate with his responsibility; and Made responsible in fact for matters for which he is now, in any case, held accountable by the President, the Congress, and the people. V I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. Should the reorganizations in the accompanying reorganization plan take effect, they will make possible more effective and efficient administration of the affected health programs. It is, however, not practicable at this time to itemize the reductions in expenditures which may result. I strongly recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, April 25, 1966. -EXEC- EXECUTIVE ORDER NO. 10506 Ex. Ord. No. 10506, Dec. 10, 1953, 18 F.R. 8219, which delegated certain functions of the President relating to the Public Health Service, was superseded by Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, set out below. EX. ORD. NO. 11140. DELEGATION OF FUNCTIONS Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. The Secretary of Health and Human Services is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the following-described functions vested in the President under the Public Health Service Act (58 Stat. 682), as amended [this chapter]: (a) The authority under Section 203 (42 U.S.C. 204): to appoint commissioned officers of the Reserve Corps. (b) The authority under Section 206(b) (42 U.S.C. 207(b)) to prescribe titles, appropriate to the several grades, for commissioned officers of the Public Health Service other than medical officers. (c) The authority under Section 207(a)(2) (42 U.S.C. 209(a)(2)) to terminate commissions of officers of the Reserve Corps without the consent of the officers concerned. (d) The authority under Section 210(a), (k), and (l) (42 U.S.C. 211(a), (k), and (l)) to make or terminate temporary promotions of commissioned officers of the Regular Corps and Reserve Corps. (e) The authority under Section 211(a)(5) (42 U.S.C. 212(a)(5)) to approve voluntary retirements under that section. (f) The authority to prescribe regulations under the following-designated Sections: 207(a), 207(b), 208(e), 210(a), 210(b), 210(d)(1), 210(h), 210(i), 210(j)(1), 210(k), 215(a), 218(a), 219(a), and 510 (42 U.S.C. 209(a), 209(b), 210(e), 211(a), 211(b), 211(d)(1), 211(h), 211(i), 211(j)(1), 211(k), 216(a), 218a(a), 210-1(a), and 228). (g) The authority under Sections 321(a) and 364(a) (42 U.S.C. 248(a) and 267(a)) to approve the selection of suitable sites for and the establishment of additional institutions, hospitals, stations, grounds, and anchorages; subject, however, to the approval of the Director of the Office of Management and Budget, except as he may otherwise provide. Sec. 2. The Surgeon General is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the function vested in the President by Sections 203 and 207(a)(2) of the Public Health Service Act (58 Stat. 683, 685), as amended (42 U.S.C. 204 and 209(a)(2)), or otherwise, of accepting voluntary resignations of commissioned officers of the Regular Corps or the Reserve Corps. Sec. 3. The Secretary of Health and Human Services is hereby authorized and empowered, without the approval, ratification, or other action of the President, to exercise the authority vested in the President by Section 704 of Title 37 of the United States Code to prescribe regulations. Sec. 4. The Secretary of Health and Human Services is hereby authorized to redelegate all or any part of the functions set forth under (a), (b), (c), and (d) of Section 1 hereof to the Surgeon General of the Public Health Service or other official of that Service who is required to be appointed by and with the advice and consent of the Senate. Sec. 5. All actions heretofore taken by appropriate authority with respect to the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved with respect to such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order. Sec. 6. As used in this order, the term "functions" embraces duties, powers, responsibilities, authority, or discretion, and the term "perform" may be construed to mean "exercise". Sec. 7. (a) Executive Order No. 10506 of December 10, 1953, entitled "Delegating Certain Functions of the President under the Public Health Service Act," is hereby superseded. (b) Executive Orders Nos. 9993 of August 31, 1948, 10031 of January 26, 1949, 10280 of August 16, 1951, 10354 of May 26, 1952, and 10497 of October 27, 1953, which prescribed regulations relating to commissioned officers and employees of the Public Health Service, are hereby revoked. Nothing in this subsection shall be deemed to alter or otherwise affect the regulations prescribed by the Surgeon General (42 CFR Parts 21 and 22) to replace the regulations prescribed by the orders described in the preceding sentence. -End- -CITE- 42 USC Sec. 203 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 203. Organization of Service -STATUTE- The Service shall consist of (1) the Office of the Surgeon General, (2) the National Institutes of Health, (3) the Bureau of Medical Services, and (!1) (4) the Bureau of State Services, and (!2) the Agency for Healthcare Research and Quality. The Secretary is authorized and directed to assign to the Office of the Surgeon General,(!3) to the National Institutes of Health, to the Bureau of Medical Services, and to the Bureau of State Services, respectively, the several functions of the Service, and to establish within them such divisions, sections, and other units as he may find necessary; and from time to time abolish, transfer, and consolidate divisions, sections, and other units and assign their functions and personnel in such manner as he may find necessary for efficient operation of the Service. No division shall be established, abolished, or transferred, and no divisions shall be consolidated, except with the approval of the Secretary. The National Institutes of Health shall be administered as a part of the field service. The Secretary may delegate to any officer or employee of the Service such of his powers and duties under this chapter, except the making of regulations, as he may deem necessary or expedient. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 202, 58 Stat. 683; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 103-43, title XX, Sec. 2008(g), June 10, 1993, 107 Stat. 212; Pub. L. 106-129, Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670.) -MISC1- AMENDMENTS 1999 - Pub. L. 106-129 substituted "Agency for Healthcare Research and Quality" for "Agency for Health Care Policy and Research". 1993 - Pub. L. 103-43, Sec. 2008(g)(2), inserted ", and the Agency for Health Care Policy and Research" in first sentence. Pub. L. 103-43, Sec. 2008(g)(1), which directed the amendment of this section by striking "Surgeon General" the second and subsequent times that such term appears and inserting "Secretary", was executed by making the substitution before "is authorized and directed" and before "may delegate to any officer" and by leaving unchanged "Surgeon General" in the phrase "assign to the Office of the Surgeon General" in second sentence, to reflect the probable intent of Congress. 1948 - Act June 16, 1948, substituted "National Institutes of Health" for "National Institute of Health" in cl. (2). -TRANS- TRANSFER OF FUNCTIONS Bureau of Medical Services, Bureau of State Services, National Institutes of Health, excluding several research Institutes in agency, and 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 all 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare, and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 238e of this title. -FOOTNOTE- (!1) So in original. The "and" probably should not appear. (!2) So in original. Probably should be followed by "(5)". (!3) See 1993 Amendment note below. -End- -CITE- 42 USC Sec. 204 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 204. Commissioned corps; composition; appointment of Regular and Reserve officers; appointment and status of warrant officers -STATUTE- There shall be in the Service a commissioned Regular Corps and, for the purpose of securing a reserve for duty in the Service in time of national emergency, a Reserve Corps. All commissioned officers shall be citizens and shall be appointed without regard to the civil-service laws and compensated without regard to chapter 51 and subchapter III of chapter 53 of title 5. Commissioned officers of the Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by him by and with the advice and consent of the Senate. Commissioned officers of the Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training and active duty for the purpose of determining their fitness for appointment in the Regular Corps. Warrant officers may be appointed to the Service for the purpose of providing support to the health and delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this chapter and title 37 to be a commissioned officer within the commissioned corps of the Service. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 203, 58 Stat. 683; Feb. 28, 1948, ch. 83, Sec. 2, 62 Stat. 39; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 96-76, title III, Sec. 302(a), Sept. 29, 1979, 93 Stat. 584.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in text, are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION "Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of 1949, as amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1979 - Pub. L. 96-76 inserted provisions relating to appointment and status of warrant officers. 1949 - Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". 1948 - Act Feb. 28, 1948, struck out provision that all active service in Reserve Corps, as well as service in Regular Corps, shall be credited for purpose of promotion in Regular Corps. REPEALS Act Oct. 28, 1949, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC2- OSTEOPATHS AS RESERVE OFFICERS Section 709 of act July 1, 1944, formerly Sec. 609, renumbered Sec. 709 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049, which provided for appointment of osteopaths as reserve officers until six months after World War II, was repealed by Joint Res. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449. -End- -CITE- 42 USC Sec. 205 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 205. Appointment and tenure of office of Surgeon General; reversion in rank -STATUTE- The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular or Reserve Corps that he would have occupied had he not served as Surgeon General. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 204, 58 Stat. 684; Pub. L. 97-25, title III, Sec. 303(a), July 27, 1981, 95 Stat. 145; Pub. L. 97-35, title XXVII, Sec. 2765(b), Aug. 13, 1981, 95 Stat. 932.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-35 inserted reference to Reserve Corps and substituted provisions relating to appointment of an individual from the Regular Corps and with specialized training and significant experience, for provisions relating to appointment of an individual sixty-four years of age or older. Pub. L. 97-25 inserted provision that the President may appoint to office of Surgeon General an individual who is sixty-four years of age or older. -TRANS- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 209 of this title. -End- -CITE- 42 USC Sec. 206 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 206. Assignment of officers -STATUTE- (a) Deputy Surgeon General The Surgeon General shall assign one commissioned officer from the Regular Corps to administer the Office of the Surgeon General, to act as Surgeon General during the absence or disability of the Surgeon General or in the event of a vacancy in that office, and to perform such other duties as the Surgeon General may prescribe, and while so assigned he shall have the title of Deputy Surgeon General. (b) Assistant Surgeons General The Surgeon General shall assign eight commissioned officers from the Regular Corps to be, respectively, the Director of the National Institutes of Health, the Chief of the Bureau of State Services, the Chief of the Bureau of Medical Services, the Chief Medical Officer of the United States Coast Guard, the Chief Dental Officer of the Service, the Chief Nurse Officer of the Service, the Chief Pharmacist Officer of the Service, and the Chief Sanitary Engineering Officer of the Service, and while so serving they shall each have the title of Assistant Surgeon General. (c) Creation of temporary positions as Assistant Surgeons General (1) The Surgeon General, with the approval of the Secretary, is authorized to create special temporary positions in the grade of Assistant Surgeons General when necessary for the proper staffing of the Service. The Surgeon General may assign officers of either the Regular Corps or the Reserve Corps to any such temporary position, and while so serving they shall each have the title of Assistant Surgeon General. (2) Except as provided in this paragraph, the number of special temporary positions created by the Surgeon General under paragraph (1) shall not on any day exceed 1 per centum of the highest number, during the ninety days preceding such day, of officers of the Regular Corps on active duty and officers of the Reserve Corps on active duty for more than thirty days. If on any day the number of such special temporary positions exceeds such 1 per centum limitation, for a period of not more than one year after such day, the number of such special temporary positions shall be reduced for purposes of complying with such 1 per centum limitation only by the resignation, retirement, death, or transfer to a position of a lower grade, of any officer holding any such temporary position. (d) Designation of Assistant Surgeon General with respect to absence, disability, or vacancy in offices of Surgeon General and Deputy Surgeon General The Surgeon General shall designate the Assistant Surgeon General who shall serve as Surgeon General in case of absence or disability, or vacancy in the offices, of both the Surgeon General and the Deputy Surgeon General. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 205, 58 Stat. 684; Feb. 28, 1948, ch. 83, Sec. 3, 62 Stat. 39; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III, Secs. 302(b), 303, Sept. 29, 1979, 93 Stat. 584.) -MISC1- AMENDMENTS 1979 - Subsec. (b). Pub. L. 96-76, Sec. 302(b), inserted provisions relating to assignment of Chief Nurse Officer and Chief Pharmacist Officer, and substituted "eight" for "six". Subsec. (c). Pub. L. 96-76, Sec. 303, designated existing provisions as par. (1), struck out provisions relating to maximum number of special temporary positions, and added par. (2). 1948 - Subsec. (b). Act June 16, 1948, substituted "National Institutes of Health" for "National Institute of Health". Subsecs. (c), (d). Act Feb. 28, 1948, added subsec. (c) and redesignated former subsec. (c) as (d). EFFECTIVE DATE OF 1979 AMENDMENT Section 314 of Pub. L. 96-76 provided that: "The amendments made by sections 303, 304, 305, 306, 307, and 313 [amending this section, sections 207, 209, 210b, and 211 of this title, and sections 201, 415, and 1006 of Title 37, Pay and Allowances of the Uniformed Services] shall take effect on October 1, 1979." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Office of Surgeon General, together with office held by Deputy Surgeon General, Bureau of Medical Services, including office of Chief of Bureau of Medical Services, Bureau of State Services, including office of Chief of Bureau of State Services, and National Institutes of Health, including office of Director of National Institutes of Health, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare, by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 207, 210b of this title. -End- -CITE- 42 USC Sec. 207 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 207. Grades, ranks, and titles of commissioned corps -STATUTE- (a) Grades of commissioned officers The Surgeon General, during the period of his appointment as such, shall be of the same grade as the Surgeon General of the Army; the Deputy Surgeon General and the Chief Medical Officer of the United States Coast Guard, while assigned as such, shall have the grade corresponding with the grade of major general; and the Chief Dental Officer, while assigned as such, shall have the grade as is prescribed by law for the officer of the Dental Corps selected and appointed as Assistant Surgeon General of the Army. During the period of appointment to the position of Assistant Secretary for Health, a commissioned officer of the Public Health Service shall have the grade corresponding to the grade of General of the Army. Assistant Surgeons General, while assigned as such, shall have the grade corresponding with either the grade of brigadier general or the grade of major general, as may be determined by the Secretary after considering the importance of the duties to be performed: Provided, That the number of Assistant Surgeons General having a grade higher than that corresponding to the grade of brigadier general shall at no time exceed one-half of the number of positions created by subsection (b) of section 206 of this title or pursuant to subsection (c) of section 206 of this title. The grades of commissioned officers of the Service shall correspond with grades of officers of the Army as follows: (1) Officers of the director grade - colonel; (2) Officers of the senior grade - lieutenant colonel; (3) Officers of the full grade - major; (4) Officers of the senior assistant grade - captain; (5) Officers of the assistant grade - first lieutenant; (6) Officers of the junior assistant grade - second lieutenant; (7) Chief warrant officers of (W-4) grade - chief warrant officer (W-4); (8) Chief warrant officers of (W-3) grade - chief warrant officer (W-3); (9) Chief warrant officers of (W-2) grade - chief warrant officer (W-2); and (10) Warrant officers of (W-1) grade - warrant officer (W-1). (b) Titles of medical officers The titles of medical officers of the foregoing grades shall be respectively (1) medical director, (2) senior surgeon, (3) surgeon, (4) senior assistant surgeon, (5) assistant surgeon, and (6) junior assistant surgeon. The President is authorized to prescribe titles, appropriate to the several grades, for commissioned officers of the Service other than medical officers. All titles of the officers of the Reserve Corps shall have the suffix "Reserve." (c) Repealed. Pub. L. 96-76, title III, Sec. 304(b), Sept. 29, 1979, 93 Stat. 584 (d) Maximum number in grade for each fiscal year Within the total number of officers of the Regular Corps authorized by the appropriation Act or Acts for each fiscal year to be on active duty, the Secretary shall by regulation prescribe the maximum number of officers authorized to be in each of the grades from the warrant officer (W-1) grade to the director grade, inclusive. Such numbers shall be determined after considering the anticipated needs of the Service during the fiscal year, the funds available, the number of officers in each grade at the beginning of the fiscal year, and the anticipated appointments, the anticipated promotions based on years of service, and the anticipated retirements during the fiscal year. The number so determined for any grade for a fiscal year may not exceed the number limitation (if any) contained in the appropriation Act or Acts for such year. Such regulations for each fiscal year shall be prescribed as promptly as possible after the appropriation Act fixing the authorized strength of the corps for that year, and shall be subject to amendment only if such authorized strength or such number limitation is thereafter changed. The maxima established by such regulations shall not require (apart from action pursuant to other provisions of this chapter) any officer to be separated from the Service or reduced in grade. (e) Exception to grade limitations for officers assigned to Department of Defense In computing the maximum number of commissioned officers of the Public Health Service authorized by law to hold a grade which corresponds to the grade of brigadier general or major general, there may be excluded from such computation not more than three officers who hold such a grade so long as such officers are assigned to duty and are serving in a policymaking position in the Department of Defense. (f) Exception to maximum number limitations for officers assigned to Department of Defense In computing the maximum number of commissioned officers of the Public Health Service authorized by law or administrative determination to serve on active duty, there may be excluded from such computation officers who are assigned to duty in the Department of Defense. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 206, 58 Stat. 684; Feb. 28, 1948, ch. 83, Sec. 4, 62 Stat. 39; Oct. 31, 1951, ch. 653, 65 Stat. 700; July 17, 1952, ch. 931, 66 Stat. 758; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 87-649, Sec. 11(1), Sept. 7, 1962, 76 Stat. 497; Pub. L. 95-215, Sec. 8(b), Dec. 19, 1977, 91 Stat. 1507; Pub. L. 96-76, title III, Sec. 304, Sept. 29, 1979, 93 Stat. 584; Pub. L. 99-117, Sec. 9, Oct. 7, 1985, 99 Stat. 494; Pub. L. 101-93, Sec. 5(p), Aug. 16, 1989, 103 Stat. 614; Pub. L. 101-502, Sec. 5(k)(1), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 104-201, div. A, title V, Sec. 582, Sept. 23, 1996, 110 Stat. 2538.) -MISC1- AMENDMENTS 1996 - Subsec. (f). Pub. L. 104-201 added subsec. (f). 1990 - Subsec. (a). Pub. L. 101-502 inserted after first sentence "During the period of appointment to the position of Assistant Secretary for Health, a commissioned officer of the Public Health Service shall have the grade corresponding to the grade of General of the Army." 1989 - Subsec. (e). Pub. L. 101-93, which directed the substitution of "the Department of Defense" for "the office of Assistant Secretary of Defense for Health Affairs", was executed by making the substitution for "the office of the Assistant Secretary of Defense for Health Affairs" as the probable intent of Congress. 1985 - Subsec. (e). Pub. L. 99-117 added subsec. (e). 1979 - Subsec. (a). Pub. L. 96-76, Sec. 304(a), added pars. (7) to (10). Subsec. (c). Pub. L. 96-76, Sec. 304(b), struck out subsec. (c) setting forth the grade and pay and allowances as director for a commissioned officer below the grade of director assigned to serve as chief of a division. Subsec. (d). Pub. L. 96-76, Sec. 304(c), substituted "warrant officer (W-1)" for "junior assistant". 1977 - Subsec. (b)(6). Pub. L. 95-215 substituted "junior assistant" for "senior assistant". 1962 - Subsec. (a). Pub. L. 87-649 struck out provisions which related to pay and allowances. 1952 - Subsec. (a). Act July 17, 1952, provided that the Chief Medical Officer of the Coast Guard should have the grade, pay, and allowances of a major general. 1951 - Subsec. (a). Act Oct. 31, 1951, provided equality of grade, pay, and allowances between the Chief Dental Officer and the comparable officer in the Army. 1948 - Subsec. (a). Act Feb. 28, 1948, increased grade of Deputy Surgeon General from brigadier general to major general and increased grade of certain Assistant Surgeons General from brigadier general to major general as the Federal Security Administrator might determine. Subsecs. (c), (d). Act Feb. 28, 1948, added subsecs. (c) and (d). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-502 effective Dec. 1, 1990, see section 5(k)(3) of Pub. L. 101-502, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76, set out as a note under section 206 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Office of Surgeon General, together with office held by Deputy 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 210b of this title. -End- -CITE- 42 USC Sec. 208 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 208. Repealed. Feb. 28, 1948, ch. 83, Sec. 5(a), 62 Stat. 40 -MISC1- Section, act July 1, 1944, ch. 373, title II, Sec. 207, 58 Stat. 685, related to establishment of special temporary provisions. See sections 206(c) and 207(c) of this title. -End- -CITE- 42 USC Sec. 209 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 209. Appointment of personnel -STATUTE- (a) Original appointments to Regular and Reserve Corps; limitation on appointment and call to active duty (1) Except as provided in subsections (b) and (e) of this section, original appointments to the Regular Corps may be made only in the warrant officer (W-1), chief warrant officer (W-2), chief warrant officer (W-3), chief warrant officer (W-4), junior assistant, assistant, and senior assistant grades and original appointments to a grade above junior assistant shall be made only after passage of an examination, given in accordance with regulations of the President, in one or more of the several branches of medicine, dentistry, hygiene, sanitary engineering, pharmacy, psychology, nursing, or related scientific specialties in the field of public health. (2) Original appointments to the Reserve Corps may be made to any grade up to and including the director grade but only after passage of an examination given in accordance with regulations of the President. Reserve commissions shall be for an indefinite period and may be terminated at any time, as the President may direct. (3) No individual who has attained the age of forty-four shall be appointed to the Regular Corps, or called to active duty in the Reserve Corps for a period in excess of one year, unless (A) he has had a number of years of active service (as defined in section 212(d) of this title) equal to the number of years by which his age exceeds forty-four, or (B) the Surgeon General determines that he possesses exceptional qualifications, not readily available elsewhere in the Commissioned Corps of the Public Health Service, for the performance of special duties with the Service, or (C) in the case of an officer of the Reserve Corps, the Commissioned Corps of the Service has been declared by the President to be a military service. (b) Grade and number of original appointments (1) Not more than 10 per centum of the original appointments to the Regular Corps authorized to be made during any fiscal year may be made to grades above that of senior assistant, but no such appointment (other than an appointment under section 205 of this title) may be made to a grade above that of director. For the purpose of this subsection the number of original appointments authorized to be made during a fiscal year shall be (1) the excess of the number of officers of the Regular Corps authorized by the appropriation Act or Acts for such year over the number of officers on active duty in the Regular Corps on the first day of such year, plus (2) the number of such officers of the Regular Corps who, during such fiscal year, have been or will be retired upon attainment of age sixty-four or have for any other reason ceased to be on active duty. In determining the number of appointments authorized by this subsection an appointment shall be deemed to be made in the fiscal year in which the nomination is transmitted by the President to the Senate. (2) In addition to the number of original appointments to the Regular Corps authorized by paragraph (1) to be made to grades above that of senior assistant, original appointments authorized to be made to the Regular Corps in any year may be made to grades above that of senior assistant, but not above that of director, in the case of any individual who - (A)(i) was on active duty in the Reserve Corps on July 1, 1960, (ii) was on such active duty continuously for not less than one year immediately prior to such date, and (iii) applies for appointment to the Regular Corps prior to July 1, 1962; or (B) does not come within clause (A)(i) and (ii) but was on active duty in the Reserve Corps continuously for not less than one year immediately prior to his appointment to the Regular Corps and has not served on active duty continuously for a period, occurring after June 30, 1960, of more than three and one-half years prior to applying for such appointment. (3) No person shall be appointed pursuant to this subsection unless he meets standards established in accordance with regulations of the President. (c) Issuance of commissions Commissions evidencing the appointment by the President of officers of the Regular or Reserve Corps shall be issued by the Secretary under the seal of the Department of Health and Human Services. (d) Date of appointment; credit for service (1) For purposes of basic pay and for purposes of promotion, any person appointed under subsection (a) of this section to the grade of senior assistant in the Regular Corps, and any person appointed under subsection (b) of this section, shall, except as provided in paragraphs (2) and (3) of this subsection, be considered as having had on the date of appointment the following length of service: Three years if appointed to the senior assistant grade, ten years if appointed to the full grade, seventeen years if appointed to the senior grade, and eighteen years if appointed to the director grade. (2) For purposes of basic pay, any person appointed under subsection (a) of this section to the grade of senior assistant in the Regular Corps, and any person appointed under subsection (b) of this section, shall, in lieu of the credit provided in paragraph (1) of this subsection, be credited with the service for which he is entitled to credit under any other provision of law if such service exceeds that to which he would be entitled under such paragraph. (3) For purposes of promotion, any person originally appointed in the Regular Corps to the senior assistant grade or above who has had active service in the Reserve Corps shall be considered as having had on the date of appointment the length of service provided for in paragraph (1) of this subsection, plus whichever of the following is greater: (A) The excess of his total active service in the Reserve Corps (above the grade of junior assistant) over the length of service provided in such paragraph, to the extent that such excess is on account of service in the Reserve Corps in or above the grade to which he is appointed in the Regular Corps or (B) his active service in the same or any higher grade in the Reserve Corps after the first day on which, under regulations in effect on the date of his appointment to the Regular Corps, he would have had the training and experience necessary for such appointment. (4) For purposes of promotion, any person whose original appointment is to the assistant grade in the Regular Corps shall be considered as having had on the date of appointment service equal to his total active service in the Reserve Corps in and above the assistant grade. (e) Reappointment; credit for service (1) A former officer of the Regular Corps may, if application for appointment is made within two years after the date of the termination of his prior commission in the Regular Corps, be reappointed to the Regular Corps without examination, except as the Surgeon General may otherwise prescribe, and without regard to the numerical limitations of subsection (b) of this section. (2) Reappointments pursuant to this subsection may be made to the permanent grade held by the former officer at the time of the termination of his prior commission, or to the next higher grade if such officer meets the eligibility requirements prescribed by regulation for original appointment to such higher grade. For purposes of pay, promotion, and seniority in grade, such reappointed officer shall receive the credits for service to which he would be entitled if such appointment were an original appointment, but in no event less than the credits he held at the time his prior commission was terminated, except that if such officer is reappointed to the next higher grade he shall receive no credit for seniority in grade. (3) No former officer shall be reappointed pursuant to this subsection unless he shall meet such standards as the Secretary may prescribe. (f) Special consultants In accordance with regulations, special consultants may be employed to assist and advise in the operations of the Service. Such consultants may be appointed without regard to the civil-service laws. (g) Designation for fellowships; duties; pay In accordance with regulations, individual scientists, other than commissioned officers of the Service, may be designated by the Surgeon General to receive fellowships, appointed for duty with the Service without regard to the civil-service laws, may hold their fellowships under conditions prescribed therein, and may be assigned for studies or investigations either in this country or abroad during the terms of their fellowships. (h) Aliens Persons who are not citizens may be employed as consultants pursuant to subsection (f) of this section and may be appointed to fellowships pursuant to subsection (g) of this section. Unless otherwise specifically provided, any prohibition in any other Act against the employment of aliens, or against the payment of compensation to them, shall not be applicable in the case of persons employed or appointed pursuant to such subsections. (i) Civil service appointments by Secretary The appointment of any officer or employee of the Service made in accordance with the civil-service laws shall be made by the Secretary, and may be made effective as of the date on which such officer or employee enters upon duty. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 207, formerly Sec. 208, 58 Stat. 685; July 3, 1946, ch. 538, Sec. 4, 60 Stat. 421; Aug. 13, 1946, ch. 958, Sec. 3, 60 Stat. 1049; renumbered Sec. 207 and amended Feb. 28, 1948, ch. 83, Sec. 5(a)-(d), 62 Stat. 40; Oct. 12, 1949, ch. 681, title V, Sec. 521(a), 63 Stat. 834; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, Sec. 3(a)-(c)(1), 70 Stat. 116; Pub. L. 86-415, Secs. 2, 3, Apr. 8, 1960, 74 Stat. 32; Pub. L. 96-76, title III, Sec. 305, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-35, title XXVII, Sec. 2765(c), Aug. 13, 1981, 95 Stat. 933; Pub. L. 97-414, Sec. 8(a), Jan. 4, 1983, 96 Stat. 2060.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in subsecs. (f), (g), and (i), are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION In subsec. (f), the words "and their compensation may be fixed without regard to the Classification Act of 1923, as amended", and in subsec. (g), the words "and compensated without regard to the Classification Act of 1923, as amended" were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exceptions contained in subsecs. (f) and (g) because of section 1106(b) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (of which section 1 revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. In subsec. (h), the references to subsections (f) and (g) of this section were, in the original, references to subsections (e) and (f) and were changed to reflect the probable intent of Congress. -MISC1- PRIOR PROVISIONS A prior section 207 of act July 1, 1944, was classified to section 208 of this title, prior to repeal by act Feb. 28, 1948, ch. 83, Sec. 5(a), 62 Stat. 40. AMENDMENTS 1983 - Subsec. (a)(1). Pub. L. 97-414 inserted "psychology," after "pharmacy,". 1981 - Subsec. (b)(1). Pub. L. 97-35 inserted provisions relating to exception for an appointment under section 205 of this title. 1979 - Subsec. (a)(1). Pub. L. 96-76 inserted applicability to warrant officers and chief warrant officers. 1960 - Subsec. (a)(3). Pub. L. 86-415, Sec. 2, added par. (3). Subsec. (b). Pub. L. 86-415, Sec. 3, designated first, second and third sentences as par. (1), fourth sentence as par. (3), and added par. (2). 1956 - Subsec. (a)(1). Act Apr. 27, 1956, Sec. 3(a), inserted reference to subsection (e) of this section. Subsec. (a)(2). Act Apr. 27, 1956, Sec. 3(c)(1), substituted "an indefinite period" for "a period of not more than five years". Subsecs. (e) to (i). Act Apr. 27, 1956, Sec. 3(b), added subsec. (e) and redesignated former subsecs. (e) to (h) as (f) to (i), respectively. 1949 - Subsec. (d). Act Oct. 12, 1949, substituted "base pay" for "pay and pay period" wherever appearing. 1948 - Subsec. (a)(1). Act Feb. 28, 1948, struck out "surgery" after "several branches of medicine". Subsec. (a)(2). Act Feb. 28, 1948, struck out "any such commission" before "may be terminated", and "in his discretion" after "at any time". Subsec. (b). Act Feb. 28, 1948, provided for grade and number of original appointments. Subsecs. (c) to (f). Act Feb. 28, 1948, added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively. Former subsecs. (e) and (f) redesignated (g) and (h). Subsec. (g). Act Feb. 28, 1948, redesignated former subsec. (e) as (g) and changed reference in text from "subsection (c) of this section" to "subsection (e) of this section", and "subsection (d) of this section" to "subsection (g) of this section". Subsec. (h). Act Feb. 28, 1948, redesignated former subsec. (f) as (h). 1946 - Subsec. (b). Act July 3, 1946, authorized appointment of additional officers to grades above that of senior assistant but not above that of director, and limits the number so appointed to 20. Subsec. (b)(2). Act Aug. 13, 1946, inserted "(A)" before "to assist", substituted "clause" for "paragraphs", and inserted cl. (B). EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76, set out as a note under section 206 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Section 8(a) of Pub. L. 86-415 provided that: "The amendments made by sections 2 and 5(b) [amending this section and section 210 of this title] shall become effective July 1, 1960." EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC2- TERM OF RESERVE COMMISSIONS IN EFFECT ON APRIL 27, 1956 Section 3(c)(2) of act Apr. 27, 1956, provided that: "The enactment of paragraph (1) of this subsection [amending subsec. (a)(2) of this section] shall not affect the term of the commission of any officer in the Reserve Corps in effect on the date of such enactment [Apr. 27, 1956] unless such officer consents in writing to the extension of his commission for an indefinite period, in which event his commission shall be so extended without the necessity of a new appointment." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 210, 210b of this title; title 10 section 2130a. -End- -CITE- 42 USC Secs. 209a, 209b 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Secs. 209a, 209b. Omitted -COD- CODIFICATION Section 209a, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 856, which related to number of regular commissioned nurses to be appointed, their grades, and their length of service for purposes of pay and pay periods, was not repeated in subsequent appropriation acts. Section 209b, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 857, which authorized appointment of fifty additional regular commissioned officers of which twenty-four were to be in grades above that of senior assistant, was not repeated in subsequent appropriation acts. -End- -CITE- 42 USC Sec. 209c 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 209c. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499 -MISC1- Section, act July 3, 1945, ch. 263, title II, 59 Stat. 370, provided that for purposes of pay and pay period officers appointed to grades above that of senior assistant pursuant to section 209b of this title shall be considered as having had on date of appointment service equal to that of junior officer of grade to which appointed. -End- -CITE- 42 USC Sec. 209d 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 209d. Appointment of osteopaths as commissioned officers -STATUTE- Graduates of colleges of osteopathy whose graduates are eligible for licensure to practice medicine or osteopathy in a majority of the States of the United States, or approved by a body or bodies acceptable to the Secretary, shall be eligible, subject to the other provisions of this Act, for appointment as commissioned medical officers in the Public Health Service. -SOURCE- (Feb. 28, 1948, ch. 83, Sec. 5(b), 62 Stat. 40; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Feb. 28, 1948, ch. 83, 62 Stat. 38. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was not enacted as a part of the Public Health Service Act which comprises this chapter. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -End- -CITE- 42 USC Sec. 210 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 210. Pay and allowances -STATUTE- (a) Commissioned officers of Regular and Reserve Corps; special pay for active duty; incentive special pay for Public Health Service nurses (1) Commissioned officers of the Regular and Reserve Corps shall be entitled to receive such pay and allowances as are now or may hereafter be authorized by law. (2) For provisions relating to the receipt of special pay by commissioned officers of the Regular and Reserve Corps while on active duty, see section 303a(b) of title 37. (b) Purchase of supplies Commissioned officers on active duty and retired officers entitled to retired pay pursuant to section 211(g)(3), 212, or 213a(a) of this title, shall be permitted to purchase supplies from the Army, Navy, Air Force, and Marine Corps at the same price as is charged officers thereof. (c) Members of national advisory or review councils or committees Members of the National Advisory Health Council and members of other national advisory or review councils or committees established under this chapter, including members of the Technical Electronic Product Radiation Safety Standards Committee and the Board of Regents of the National Library of Medicine, but excluding ex officio members, while attending conferences or meetings of their respective councils or committees or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at rates to be fixed by the Secretary, but at rates not exceeding the daily equivalent of the rate specified at the time of such service for grade GS-18 of the General Schedule, including traveltime; and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service employed intermittently. (d) Field employees Field employees of the Service, except those employed on a per diem or fee basis, who render part-time duty and are also subject to call at any time for services not contemplated in their regular part-time employment, may be paid annual compensation for such part-time duty and, in addition, such fees for such other services as the Surgeon General may determine; but in no case shall the total paid to any such employee for any fiscal year exceed the amount of the minimum annual salary rate of the classification grade of the employee. (e) Additional pay for service at Gillis W. Long Hansen's Disease Center Any civilian employee of the Service who is employed at the Gillis W. Long Hansen's Disease Center on April 7, 1986, shall be entitled to receive, in addition to any compensation to which the employee may otherwise be entitled and for so long as the employee remains employed at the Center, an amount equal to one-fourth of such compensation. (f) Allowances included in fellowships Individuals appointed under section 209(g) of this title shall have included in their fellowships such stipends or allowances, including travel and subsistence expenses, as the Surgeon General may deem necessary to procure qualified fellows. (g) Positions in professional, scientific and executive service; compensation; appointment The Secretary is authorized to establish and fix the compensation for, within the Public Health Service, not more than one hundred and seventy-nine positions, of which not less than one hundred and fifteen shall be for the National Institutes of Health, not less than five shall be for the National Institute on Alcohol Abuse and Alcoholism for individuals engaged in research on alcohol abuse and alcoholism, not less than ten shall be for the National Center for Health Services Research, not less than twelve shall be for the National Center for Health Statistics, and not less than seven shall be for the National Center for Health Care Technology, in the professional, scientific, and executive service, each position being established to effectuate those research and development activities of the Public Health Service which require the services of specially qualified scientific, professional and administrative personnel: Provided, That the rates of compensation for positions established pursuant to the provisions of this subsection shall not be less than the minimum rate of grade 16 of the General Schedule nor more than (1) the highest rate of grade 18 of the General Schedule, or (2) in the case of two such positions, the rate specified, at the time the service in the position is performed, for level II of the Executive Schedule (5 U.S.C. 5313); and such rates of compensation for all positions included in this proviso shall be subject to the approval of the Director of the Office of Personnel Management. Positions created pursuant to this subsection shall be included in the classified civil service of the United States, but appointments to such positions shall be made without competitive examination upon approval of the proposed appointee's qualifications by the Director of the Office of Personnel Management or such officers or agents as it may designate for this purpose. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 208, formerly Sec. 209, 58 Stat. 686; July 3, 1946, ch. 538, Sec. 5(a), 60 Stat. 422; renumbered Sec. 208 and amended Feb. 28, 1948, ch. 83, Sec. 5(a), (g), (h), 62 Stat. 40; June 16, 1948, ch. 481, Sec. 4(d), 62 Stat. 467; June 24, 1948, ch. 621, Sec. 4(d), 62 Stat. 601; Oct. 12, 1949, ch. 681, title V, Sec. 521(b), 63 Stat. 834; Aug. 9, 1950, ch. 654, Sec. 1, 64 Stat. 426; Aug. 15, 1950, ch. 714, Secs. 3(e), 4(b), 64 Stat. 447; 1953 Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1955, ch. 437, title II, Sec. 201, 69 Stat. 407; June 29, 1956, ch. 477, title II, Sec. 201, 70 Stat. 430; July 31, 1956, ch. 804, title I, Sec. 117(b), 70 Stat. 741; Pub. L. 85-462, Sec. 12(e), June 20, 1958, 72 Stat. 214; Pub. L. 85-929, Sec. 9, Sept. 6, 1958, 72 Stat. 1789; Pub. L. 86-415, Sec. 5(b), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-703, title II, Sec. 201, Sept. 2, 1960, 74 Stat. 764; Pub. L. 87-649, Secs. 11(3), 14b, Sept. 7, 1962, 76 Stat. 497, 499; Pub. L. 87-793, Sec. 1001(d), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 90-574, title V, Sec. 501, Oct. 15, 1968, 82 Stat. 1012; Pub. L. 91-515, title VI, Sec. 601(b)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 92-157, title III, Sec. 301(a), Nov. 18, 1971, 85 Stat. 463; Pub. L. 95-83, title III, Sec. 312, Aug. 1, 1977, 91 Stat. 398; Pub. L. 95-623, Sec. 11(a), Nov. 9, 1978, 92 Stat. 3455; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96-32, Sec. 7(g), July 10, 1979, 93 Stat. 84; Pub. L. 96-398, title VIII, Sec. 805, Oct. 7, 1980, 94 Stat. 1608; Pub. L. 99-117, Sec. 3(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 99-272, title XVII, Sec. 17002(a)(1), (b), Apr. 7, 1986, 100 Stat. 359; Pub. L. 100-607, title VII, Sec. 706, Nov. 4, 1988, 102 Stat. 3159; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 634(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-159.) -REFTEXT- REFERENCES IN TEXT Classified civil service, referred to in subsec. (g), as meaning "competitive service", see section 2102(c) of Title 5, Government Organization and Employees. -MISC1- PRIOR PROVISIONS A prior section 208 of act July 1, 1944, was renumbered section 207 and is classified to section 209 of this title. AMENDMENTS 2000 - Subsec. (a)(2). Pub. L. 106-398 added par. (2) and struck out former par. (2) which read as follows: "(2)(A) Except as provided in subparagraph (B), commissioned medical and dental officers in the Regular and Reserve Corps shall while on active duty be paid special pay in the same amounts as, and under the same terms and conditions which apply to, the special pay now or hereafter paid to commissioned medical and dental officers of the Armed Forces under chapter 5 of title 37. "(B) A commissioned medical officer in the Regular or Reserve Corps (other than an officer serving in the Indian Health Service) may not receive additional special pay under section 302(a)(4) of title 37 for any period during which the officer is providing obligated service under (i) section 254m of this title, (ii) section 234(e) of this title (as such section was in effect prior to October 1, 1977), or (iii) section 294u of this title (as such section was in effect between October 1, 1977, and August 13, 1981)." Subsec. (a)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 634(b)(1)], struck out par. (3) which read as follows: "Commissioned nurse officers in the Regular and Reserve Corps shall, while in active duty, be paid incentive special pay in the same amounts as, and under the same terms and conditions which apply to, the incentive special pay now or hereafter paid to commissioned nurse officers of the Armed Forces under chapter 5 of title 37." 1988 - Subsec. (a)(3). Pub. L. 100-607 added par. (3). 1986 - Subsec. (a)(2)(B). Pub. L. 99-272, Sec. 17002(a)(1), inserted "(other than an officer serving in the Indian Health Service)". Subsec. (e). Pub. L. 99-272, Sec. 17002(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Whenever any noncommissioned officer or other employee of the Service is assigned for duty which the Surgeon General finds requires intimate contact with persons afflicted with leprosy, he may be entitled to receive, as provided by regulations of the President, in addition to any pay or compensation to which he may otherwise be entitled, not more than one-half of such pay or compensation." 1985 - Subsec. (a)(2). Pub. L. 99-117 substituted "(A) Except as provided in subparagraph (B), commissioned" for "Commissioned", and added subpar. (B). 1980 - Subsec. (a). Pub. L. 96-398 redesignated existing provisions as par. (1) and added par. (2). 1979 - Subsec. (c). Pub. L. 96-32 substituted "section 5703 of title 5" for "section 5703(b) of title 5". 1978 - Subsec. (g). Pub. L. 95-623 increased limitation on establishment of positions to one hundred and seventy-nine from one hundred and fifty-five and required minimum number of positions for certain National Centers: ten, National Center for Health Services Research; twelve, National Center for Health Statistics; and seven, National Center for Health Care Technology. 1977 - Subsec. (g). Pub. L. 95-83 increased limitation on establishment of positions to one hundred and fifty-five from one hundred and fifty and required not less than five for the National Institute on Alcohol Abuse and Alcoholism for individuals engaged in research on alcohol abuse and alcoholism. 1971 - Subsec. (f). Pub. L. 92-157, which directed that "subsection (g)" be substituted for "section 209(f)", was executed by substituting "section 209(g) of this title" for "section 209(f) of this title", to reflect the probable intent of Congress. 1970 - Subsec. (c). Pub. L. 91-515 extended coverage to encompass members of other national review councils or national advisory or review committees established under this chapter, including members of the Technical Electronic Product Radiation Safety Standards Committee and the Board of Regents of the National Library of Medicine, authorized service to be at the request of the Secretary in place of the Surgeon General, and revised rates of compensation and travel allowances. 1968 - Subsec. (g). Pub. L. 90-574 inserted "(1)" after "nor more than" and added cl. (2). 1962 - Subsec. (b). Pub. L. 87-649 struck out sentence which permitted commissioned officers on active duty to make allotments from their pay, and substituted "Commissioned officers on active duty and retired officers" for "Such officers, and retired officers." See section 704 of Title 37, Pay and Allowances of the Uniformed Services. Subsec. (g). Pub. L. 87-793 substituted provisions requiring the rates of compensation to be not less than the minimum rate of grade 16 nor more than the highest rate of grade 18 of the General Schedule, for provisions which prescribed annual rates of compensation of not less than $12,500 nor more than $19,000. 1960 - Subsec. (b). Pub. L. 86-415 authorized retired officers entitled to retired pay pursuant to section 211(g)(3), 212, or 213a(a) of this title, to purchase supplies, and included the purchase of supplies from the Air Force. Subsec. (g). Pub. L. 86-703 substituted "one hundred and fifty" for "eighty-five" and "one hundred and fifteen" for "seventy-three". 1958 - Subsec. (g). Pub. L. 85-929 substituted "in the professional, scientific, and executive service" for "in the professional and scientific service", and substituted "of specially qualified scientific, professional, and administrative personnel" for "of specially qualified scientific or professional personnel". Pub. L. 85-462, substituted "eighty-five positions, of which not less than seventy-three shall be for the National Institutes of Health" for "sixty positions". 1956 - Subsec. (g). Act June 29, 1956, substituted "$20,000" for "$15,000". 1955 - Subsec. (g). Act Aug. 1, 1955, increased from thirty to sixty the number of positions which the Administrator may establish in the professional and scientific service. 1950 - Subsec. (b). Act Aug. 9, 1950, struck out "and may be granted leaves of absence without any deduction from their pay" after "allotments from their pay" in first sentence. Subsec. (c). Act Aug. 15, 1950, Sec. 3(e), made provisions applicable to members of all national advisory councils. Subsec. (g). Act Aug. 15, 1950, Sec. 4(b), added subsec. (g). 1949 - Subsec. (a). Act Oct. 12, 1949, made section applicable to Reserve officers. Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b) and repealed former subsec. (b) relating to Reserve officers. Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (e) as (c). Former subsec. (c) redesignated (b). Subsec. (d). Act Oct. 12, 1949, redesignated subsec. (f) as (d) and repealed former subsec. (d) relating to female commissioned officers and defining "dependent". Subsec. (e). Act Oct. 12, 1949, redesignated subsec. (g) as (e) and struck out references to allowances. Former subsec. (e) redesignated (c). Subsec. (f). Act Oct. 12, 1949, redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d). Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsecs. (g) and (h) as (e) and (f), respectively. 1948 - Subsec. (b). Act Feb. 28, 1948, inserted "except as otherwise provided by law". Subsec. (e). Acts June 16, 1948, Sec. 4(d), and June 24, 1948, Sec. 4(d), made section applicable to the National Advisory Heart Council and increased the per diem of all members from $25 to $50, and made section applicable to the National Advisory Dental Research Council, respectively. Subsec. (h). Act Feb. 28, 1948, substituted "section 209(f) of this title" for "section 209(d) of this title". 1946 - Subsec. (e). Act July 3, 1946, inserted "members of the National Advisory Mental Health Council". -CHANGE- CHANGE OF NAME Reference to the Gillis W. Long Hansen's Disease Center deemed to refer to the National Hansen's Disease Programs Center, pursuant to section 2 of Pub. L. 107-220, set out as a note under section 247e of this title. -MISC2- EFFECTIVE DATE OF 1986 AMENDMENT Section 17002(a)(2) of Pub. L. 99-272 provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as of October 7, 1985." EFFECTIVE DATE OF 1985 AMENDMENT Section 3(b) of Pub. L. 99-117 provided that: "The amendment made by subsection (a) [amending this section] shall not diminish any benefits under an agreement entered into before the date of enactment of this Act [Oct. 7, 1985] by a commissioned medical officer in the Regular Corps or the Reserve Corps of the Public Health Service." EFFECTIVE DATE OF 1962 AMENDMENTS Amendment by Pub. L. 87-793 effective first day of first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87-793. Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-415 effective July 1, 1960, see section 8(a) of Pub. L. 86-415, set out as a note under section 209 of this title. EFFECTIVE DATE OF 1958 AMENDMENTS Amendment by Pub. L. 85-929 effective Sept. 6, 1958, see section 6(a) of Pub. L. 85-929, set out as a note under section 342 of Title 21, Food and Drugs. Amendment by Pub. L. 85-462 effective June 20, 1958, see section 17(b) of Pub. L. 85-462. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 31, 1956, effective at beginning of first pay period commencing after June 30, 1956, see section 120 of act July 31, 1956. EFFECTIVE DATE OF 1950 AMENDMENT Section 3(a) of act Aug. 9, 1950, provided that: "Sections 1 and 2 of this Act [amending this section and enacting section 210-1 of this title] shall become effective on July 1, 1950." EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. REPEALS Act July 31, 1956, ch. 804, title I, Sec. 117(b), 70 Stat. 741, cited as a credit to this section, which amended subsec. (g) of this section to increase the salary rates, was repealed by Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422. -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management" substituted for "Civil Service Commission" in subsec. (g) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC3- TERMINATION OF ADVISORY COMMITTEES Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. 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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. MAXIMUM PAY AND ALLOWANCES FOR SPECIFIC FISCAL YEARS Pub. L. 100-436, title II, Sec. 208, Sept. 20, 1988, 102 Stat. 1699, provided in part that: "No funds appropriated for the fiscal year ending September 30, 1989, by this or any other Act, may be used to pay basic pay, special pays, basic allowances for subsistence and basic allowances for quarters of the commissioned corps of the Public Health Service described in section 204 of title 42, United States Code, at a level that exceeds 110 percent of the Executive Level I [5 U.S.C. 5312] annual rate of basic pay". Similar provisions were contained in the following prior appropriation acts: Pub. L. 100-202, Sec. 101(h) [title II, Sec. 208], Dec. 22, 1987, 101 Stat. 1329-256, 1329-274. Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 208], Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233, title II, Sec. 208], Oct. 30, 1986, 100 Stat. 3341-287. Pub. L. 99-178, title II, Sec. 208, Dec. 12, 1985, 99 Stat. 1119. Pub. L. 98-619, title II, Sec. 208, Nov. 8, 1984, 98 Stat. 3321. Pub. L. 98-139, title II, Sec. 208, Oct. 31, 1983, 97 Stat. 888. NURSES AND ALLIED HEALTH PROFESSIONALS Pub. L. 100-436, title II, Sec. 214, Sept. 20, 1988, 102 Stat. 1700, provided that: "Funds made available for fiscal year 1989 and hereafter to the National Institutes of Health shall be available for payment of nurses and allied health professionals using pay, schedule options, benefits, and other authorities as provided for the nurses of the Veterans' Administration under 38 U.S.C. chapter 73." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 217a, 242k, 286b-2, 289 of this title; title 21 section 360kk. -End- -CITE- 42 USC Sec. 210-1 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 210-1. Annual and sick leave -STATUTE- (a) Regulations In accordance with regulations of the President, commissioned officers of the Regular Corps and officers of the Reserve Corps on active duty may be granted annual leave and sick leave without any deductions from their pay and allowances: Provided, That such regulations shall not authorize annual leave to be accumulated in excess of sixty days. (b) Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499 (c) Repealed. Pub. L. 96-76, title III, Sec. 311, Sept. 29, 1979, 93 Stat. 586 (d) Definitions For purposes of this section the term "accumulated annual leave" means unused accrued annual leave carried forward from one leave year into a succeeding leave year, and the term "accrued annual leave" means the annual leave accruing to an officer during one leave year. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 219, as added Aug. 9, 1950, ch. 654, Sec. 2, 64 Stat. 426; amended Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499; Pub. L. 96-76, title III, Sec. 311, Sept. 29, 1979, 93 Stat. 586.) -STATAMEND- PARTIAL REPEAL OF SUBSECTION (D) Subsection (d) of this section was repealed by Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499, insofar as it was applicable to the last sentence of subsection (c) of this section which authorized a lump-sum payment to an officer credited with unused accumulated and accrued annual leave. See section 501 of Title 37, Pay and Allowances of the Uniformed Services. -MISC1- AMENDMENTS 1979 - Subsec. (c). Pub. L. 96-76, repealed subsec. (c) which set forth limitations on granting of annual leave under subsec. (a) of this section. 1962 - Subsec. (b). Pub. L. 87-649 repealed subsec. (b) which required forfeiture of all pay and allowances of an officer absent without leave. See section 503 of Title 37, Pay and Allowances of the Uniformed Services. Subsec. (c). Pub. L. 87-649 repealed last sentence which authorized a lump-sum payment for unused accumulated and accrued annual leave on date of separation, retirement, or release from active duty. See section 501 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE Section effective July 1, 1950, see section 3(a) of act Aug. 9, 1950, set out as an Effective Date of 1950 Amendment note under section 210 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, of Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC2- COMPENSATION FOR PRIOR ACCUMULATED AND ACCRUED LEAVE; LIMITATION; INAPPLICABLE TO OFFICERS ON TERMINAL LEAVE PRIOR TO JULY 1, 1950 Section 3(b), (c) of act Aug. 9, 1950, provided that any officer credited with more than sixty days of accumulated and accrued leave on June 30, 1949, be compensated for so much of such leave as exceeds sixty days, that such compensation be due and payable on July 1, 1950, and that the provisions of this Act not apply to any officer on terminal leave preceding separation, retirement, or release from active duty. AVAILABILITY OF FUNDS Section 4 of act Aug. 9, 1950, provided for the availability of funds for payment of compensation for prior accumulated and accrued leave for any officer under section 3 of this Act. LEAVE REGULATIONS Section 5 of act Aug. 9, 1950, provided that: "Except insofar as the provisions of this Act [enacting this section, amending section 210 of this title, and enacting provisions set out as notes under this section and section 210 of this title] are inconsistent therewith, leave regulations adopted prior to the enactment of this Act [Aug. 9, 1950], pursuant to the Public Health Service Act [this chapter], shall remain in effect until repealed, amended, or superseded." -End- -CITE- 42 USC Sec. 210a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 210a. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499 -MISC1- Section, act Feb. 28, 1948, ch. 83, Sec. 5(e), (f), 62 Stat. 41, related to service credit for commissioned officers on active duty Feb. 28, 1948, and to service credit for pay and promotion purposes of certain appointees during period Feb. 28, 1948, to July 1, 1948. -End- -CITE- 42 USC Sec. 210b 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 210b. Professional categories -STATUTE- (a) Division of corps; basis of categories For the purpose of establishing eligibility of officers of the Regular Corps for promotions, the Surgeon General shall by regulation divide the corps into professional categories. Each category shall, as far as practicable, be based upon one of the subjects of examination set forth in section 209(a)(1) of this title or upon a subdivision of such subject, and the categories shall be designed to group officers by fields of training in such manner that officers in any one grade in any one category will be available for similar duty in the discharge of the several functions of the Service. (b) Assignment of officers Each officer of the Regular Corps on active duty shall, on the basis of his training and experience, be assigned by the Surgeon General to one of the categories established by regulations under subsection (a) of this section. Except upon amendment of such regulations, no assignment so made shall be changed unless the Surgeon General finds (1) that the original assignment was erroneous, or (2) that the officer is equally well qualified to serve in another category to which he has requested to be transferred, and that such transfer is in the interests of the Service. (c) Maximum number of officers in each category Within the limits fixed by the Secretary in regulations under section 207(d) of this title for any fiscal year, the Surgeon General shall determine for each category in the Regular Corps the maximum number of officers authorized to be in each of the grades from the warrant officer (W-1) grade to the director grade, inclusive. (d) Vacancies in grade for purposes of promotion The excess of the number so fixed for any grade in any category over the number of officers of the Regular Corps on active duty in such grade in such category (including in the case of the director grade, officers holding such grade in accordance with section 207(c) of this title) shall for the purpose of promotions constitute vacancies in such grade in such category. For purposes of this subsection, an officer who has been temporarily promoted or who is temporarily holding the grade of director in accordance with section 207(c) of this title shall be deemed to hold the grade to which so promoted or which he is temporarily holding; but while he holds such promotion or grade, and while any officer is temporarily assigned to a position pursuant to section 206(c) of this title, the number fixed under subsection (c) of this section for the grade of his permanent rank shall be reduced by one. (e) Absence of vacancy in grade as affecting promotion The absence of a vacancy in a grade in a category shall not prevent an appointment to such grade pursuant to section 209 of this title, a permanent length of service promotion, or the recall of a retired officer to active duty; but the making of such an appointment, promotion, or recall shall be deemed to fill a vacancy if one exists. (f) Vacancy in grade as affecting maximum number for each category Whenever a vacancy exists in any grade in a category the Surgeon General may increase by one the number fixed by him under subsection (c) of this section for the next lower grade in the same category, without regard to the numbers fixed in regulations under section 207(d) of this title; and in that event the vacancy in the higher grade shall not be filled except by a permanent promotion, and upon the making of such promotion the number for the next lower grade shall be reduced by one. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 209, as added Feb. 28, 1948, ch. 83, Sec. 5(i), 62 Stat. 41; amended 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III, Sec. 306, Sept. 29, 1979, 93 Stat. 585.) -MISC1- PRIOR PROVISIONS A prior section 209 of act July 1, 1944, was renumbered section 208 and is classified to section 210 of this title. AMENDMENTS 1979 - Subsec. (c). Pub. L. 96-76 substituted "warrant officer (W-1)" for "assistant". EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76, set out as a note under section 206 of this title. -TRANS- 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 211 of this title. -End- -CITE- 42 USC Sec. 211 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 211. Promotion of commissioned officers -STATUTE- (a) Permanent or temporary promotions; examination Promotions of officers of the Regular Corps to any grade up to and including the director grade shall be either permanent promotions based on length of service, other permanent promotions to fill vacancies, or temporary promotions. Permanent promotions shall be made by the President, by and with the advice and consent of the Senate, and temporary promotions shall be made by the President. Each permanent promotion shall be to the next higher grade, and shall be made only after examination given in accordance with regulations of the President. (b) Promotion to certain grades only to fill vacancies; regulations; "restricted grade" defined The President may by regulation provide that in a specified professional category permanent promotions to the senior grade, or to both the full grade and the senior grade, shall be made only if there are vacancies in such grade. A grade in any category with respect to which such regulations have been issued is referred to in this section as a "restricted grade". (c) Examinations Examinations to determine qualification for permanent promotions may be either noncompetitive or competitive, as the Surgeon General shall in each case determine; except that examinations for promotions to the assistant or senior assistant grade shall in all cases be noncompetitive. The officers to be examined shall be selected by the Surgeon General from the professional category, and in the order of seniority in the grade, from which promotion is to be recommended. In the case of a competitive examination the Surgeon General shall determine in advance of the examination the number (which may be one or more) of officers who, after passing the examination, will be recommended to the President for promotion; but if the examination is one for promotions based on length of service, or is one for promotions to fill vacancies other than vacancies in the director grade or in a restricted grade, such number shall not be less than 80 per centum of the number of officers to be examined. (d) Permanent promotions to qualified officers on length of service Officers of the Regular Corps, found pursuant to subsection (c) of this section to be qualified, shall be given permanent promotions based on length of service, as follows: (1) Officers in the warrant officer (W-1) grade, chief warrant officer (W-2) grade, chief warrant officer (W-3) grade, chief warrant officer (W-4) grade, and junior assistant grade shall be promoted at such times as may be prescribed in regulations of the President. (2) Officers with permanent rank in the assistant grade, the senior assistant grade, and the full grade shall (except as provided in regulations under subsection (b) of this section) be promoted after completion of three, ten, and seventeen years, respectively, of service in grades above the junior assistant grade; and such promotions, when made, shall be effective, for purposes of pay and seniority in grade, as of the day following the completion of such years of service. An officer with permanent rank in the assistant, senior assistant, or full grade who has not completed such years of service shall be promoted at the same time, and his promotion shall be effective as of the same day, as any officer junior to him in the same grade in the same professional category who is promoted under this paragraph. (e) Promotion of professional category officers to fill certain vacancies Officers in a professional category of the Regular Corps, found pursuant to subsection (c) of this section to be qualified, may be given permanent promotions to fill any or all vacancies in such category in the senior assistant grade, the full grade, the senior grade, or the director grade; but no officer who has not had one year of service with permanent or temporary rank in the next lower grade shall be promoted to any restricted grade or to the director grade. (f) Reexamination upon failure of promotion; effective date of promotion If an officer who has completed the years of service required for promotion to a grade under paragraph (2) of subsection (d) of this section fails to receive such promotion, he shall (unless he has already been twice examined for promotion to such grade) be once reexamined for promotion to such grade. If he is thereupon promoted (otherwise than under subsection (e) of this section), the effective date of such promotion shall be one year later than it would have been but for such failure. Upon the effective date of any permanent promotion of such officer to such grade, he shall be considered as having had only the length of service required for such promotion which he previously failed to receive. (g) Separation from service upon failure of promotion If, for reasons other than physical disability, an officer of the Regular Corps in the warrant officer (W-1) grade or junior assistant grade is found pursuant to subsection (c) of this section not to be qualified for promotion he shall be separated from the Service. If, for reasons other than physical disability, an officer of the Regular Corps in the chief warrant officer (W-2), chief warrant officer (W-3), assistant, senior assistant, or full grade, after having been twice examined for promotion (other than promotion to a restricted grade), fails to be promoted - (1) if in the chief warrant officer (W-2) or assistant grade he shall be separated from the Service and paid six months' basic pay and allowances; (2) if in the chief warrant officer (W-3) or senior assistant grade he shall be separated from the Service and paid one year's basic pay and allowances; (3) if in the full grade he shall be considered as not in line for promotion and shall, at such time thereafter as the Surgeon General may determine, be retired from the Service with retired pay (unless he is entitled to a greater amount by reason of another provision of law) - (A) in the case of an officer who first became a member of a uniformed service before September 8, 1980, at the rate of 2 1/2 percent of the retired pay base determined under section 1406(h) of title 10 for each year, not in excess of 30, of his active commissioned service in the Service; or (B) in the case of an officer who first became a member of a uniformed service on or after September 8, 1980, at the rate determined by multiplying - (i) the retired pay base determined under section 1407 of title 10; by (ii) the retired pay multiplier determined under section 1409 of such title for the number of years of his active commissioned service in the Service. (h) Separation from service upon refusal to stand examination If an officer of the Regular Corps, eligible to take an examination for promotion, refuses to take such examination, he may be separated from the Service in accordance with regulations of the President. (i) Review of record; separation from service At the end of his first three years of service, the record of each officer of the Regular Corps originally appointed to the senior assistant grade or above, shall be reviewed in accordance with regulations of the President and, if found not qualified for further service, he shall be separated from the Service and paid six months' pay and allowances. (j) Determination of order of seniority (1) The order of seniority of officers in a grade in the Regular Corps shall be determined, subject to the provisions of paragraph (2) of this subsection, by the relative length of time spent in active service after the effective date of each such officer's original appointment or permanent promotion to that grade. When permanent promotions of two or more officers to the same grade are effective on the same day, their relative seniority shall be the same as it was in the grade from which promoted. In all other cases of original appointments or permanent promotions (or both) to the same grade effective on the same day, relative seniority shall be determined in accordance with regulations of the President. (2) In the case of an officer originally appointed in the Regular Corps to the grade of assistant or above, his seniority in the grade to which appointed shall be determined after inclusion, as service in such grade, of any active service in such grade or in any higher grade in the Reserve Corps, but (if the appointment is to the grade of senior assistant or above) only to the extent of whichever of the following is greater: (A) His active service in such grade or any higher grade in the Reserve Corps after the first day on which, under regulations in effect on the date of his appointment to the Regular Corps, he had the training and experience necessary for such appointment, or (B) the excess of his total active service in the Reserve Corps (above the grade of junior assistant) over three years if his appointment in the Regular Corps is to the senior assistant grade, over ten years if the appointment is to the full grade, or over seventeen years if the appointment is to the senior grade. (k) Temporary promotions; fill vacancy in higher grade; war or national emergency; selection of officers; termination of appointment Any commissioned officer of the Regular Corps in any grade in any professional category may be recommended to the President for temporary promotion to fill a vacancy in any higher grade in such category, up to and including the director grade. In time of war, or of national emergency proclaimed by the President, any commissioned officer of the Regular Corps in any grade in any professional category may be recommended to the President for promotion to any higher grade in such category, up to and including the director grade, whether or not a vacancy exists in such grade. The selection of officers to be recommended for temporary promotions shall be made in accordance with regulations of the President. Promotion of an officer recommended pursuant to this subsection may be made without regard to length of service, without examination, and without vacating his permanent appointment, and shall carry with it the pay and allowances of the grade to which promoted. Such promotions may be terminated at any time, as may be directed by the President. (l) Determination of requirements of Service by Secretary; assignment of Reserve Officers to professional categories; temporary promotions; termination of temporary promotions Whenever the number of officers of the Regular Corps on active duty, plus the number of officers of the Reserve Corps who have been on active duty for thirty days or more, exceeds the authorized strength of the Regular Corps, the Secretary shall determine the requirements of the Service in each grade in each category, based upon the total number of officers so serving on active duty and the tasks being performed by the Service; and the Surgeon General shall thereupon assign each officer of the Reserve Corps on active duty to a professional category. If the Secretary finds that the number of officers fixed under section 210b(c) of this title for any grade and category (or the number of officers, including officers of the Reserve Corps, on active duty in such grade in such category, if such number is greater than the number fixed under section 210b(c) of this title) is insufficient to meet such requirements of the Service, officers of either the Regular Corps or the Reserve Corps may be recommended for temporary promotion to such grade in such category. Any such promotion may be terminated at any time, as may be directed by the President. (m) Acceptance of promotion; oath and affidavit Any officer of the Regular Corps, or any officer of the Reserve Corps on active duty, who is promoted to a higher grade shall, unless he expressly declines such promotion, be deemed for all purposes to have accepted such promotion; and shall not be required to renew his oath of office, or to execute a new affidavit as required by section 3332 of title 5. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 210, 58 Stat. 687; Feb. 28, 1948, ch. 83, Sec. 6(a), 62 Stat. 42; Oct. 12, 1949, ch. 681, title V, Sec. 521(c), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, Sec. 4(a), 70 Stat. 117; Pub. L. 86-415, Sec. 5(c), Apr. 8, 1960, 74 Stat. 34; Pub. L. 87-649, Sec. 11(2), Sept. 7, 1962, 76 Stat. 497; Pub. L. 96-76, title III, Sec. 307, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-342, title VIII, Sec. 813(h)(1), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 99-348, title II, Sec. 207(a), July 1, 1986, 100 Stat. 701.) -COD- CODIFICATION In subsec. (m), "section 3332 of title 5" substituted for "the Act of December 11, 1926, as amended (5 U.S.C. 21a)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1986 - Subsec. (g)(3). Pub. L. 99-348 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: "(A) in the case of an officer who first became a member of a uniformed service before September 8, 1980, at the rate of 2 1/2 per centum of basic pay of the permanent grade held by him at the time of retirement for each year, not in excess of thirty, of his active commissioned service in the Service; or "(B) in the case of an officer who first became a member of a uniformed service on or after September 8, 1980, 2 1/2 per centum of the monthly retired pay base computed under section 1407(h) of title 10, for each year, not in excess of thirty, of his active commissioned service in the Service." 1980 - Subsec. (g)(3). Pub. L. 96-342 revised provisions into subpars. (A) and (B) and substituted provisions respecting computation of retired pay for officers who became members of the uniformed service before Sept. 8, 1980, and for officers who became members of the uniformed service on or after Sept. 8, 1980, for provisions respecting computation of retired pay for officers. 1979 - Subsec. (d)(1). Pub. L. 96-76, Sec. 307(a), inserted applicability to warrant officers and chief warrant officers. Subsec. (g). Pub. L. 96-76, Sec. 307(b), in provision before par. (1), inserted applicability to separation from Service of warrant officers and chief warrant officers subsequent to one examination or two examinations, respectively, in par. (1), inserted applicability to a chief warrant officer (W-2), and in par. (2), inserted applicability to a chief warrant officer (W-3). 1962 - Subsec. (g). Pub. L. 87-649 substituted "basic pay" for "pay" in cls. (1) and (2). 1960 - Subsec. (g). Pub. L. 86-415 substituted "of the basic pay of the permanent grade held by him at the time of retirement for each year" for "of his active duty pay at the time of retirement for each complete year" in cl. (3). 1956 - Subsec. (d)(2). Act Apr. 27, 1956, struck out "pay period and for purposes of" before "seniority in grade". 1949 - Subsec. (g). Act Oct. 12, 1949, struck out "incurred in line of duty" wherever appearing. 1948 - Act Feb. 28, 1948, amended subsecs. (a) to (c) generally and added subsecs. (d) to (m). EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76, set out as a note under section 206 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 210, 212 of this title; title 10 section 1406. -End- -CITE- 42 USC Sec. 211a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 211a. Repealed. Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936 -MISC1- Section, act July 1, 1944, ch. 373, title XIII, Sec. 1311, formerly title VII, Sec. 711, as added Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; renumbered title VIII, Sec. 811, July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 721; renumbered title IX, Sec. 911, Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; renumbered title X, Sec. 1011, Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; renumbered title XI, Sec. 1111, Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; renumbered title XII, Sec. 1211, May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; renumbered title XIII, Sec. 1311, Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, provided for appointment to higher grades of Public Health Service officers for mental health and hospital construction activities. -End- -CITE- 42 USC Sec. 211b 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 211b. Repealed. Pub. L. 94-412, title V, Sec. 501(f), Sept. 14, 1976, 90 Stat. 1258 -MISC1- Section, act Feb. 28, 1948, ch. 83, Sec. 6(b)-(f), 62 Stat. 45, dealt with promotion of Public Health Service officers. SAVINGS PROVISION Repeal not to affect any action taken or proceeding pending at the time of repeal, see section 501(h) of Pub. L. 94-412, set out as a note under section 1601 of Title 50, War and National Defense. -End- -CITE- 42 USC Sec. 211c 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 211c. Promotion credit for medical officers in assistant grade -STATUTE- Any medical officer of the Regular Corps of the Public Health Service who - (1)(A) was appointed to the assistant grade in the Regular Corps and whose service in such Corps has been continuous from the date of appointment or (B) may hereafter be appointed to the assistant grade in the Regular Corps, and (2) had or will have completed a medical internship on the date of such appointment, shall be credited with one year for purposes of promotion and seniority in grade, except that no such credit shall be authorized if the officer has received or will receive similar credit for his internship under other provisions of law. In the case of an officer on active duty on the effective date of this section who is entitled to the credit authorized herein, the one year shall be added to the promotion and seniority-in-grade credits with which he is credited on such date. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 220, as added Apr. 30, 1956, ch. 223, Sec. 3, 70 Stat. 121.) -REFTEXT- REFERENCES IN TEXT For "the effective date of this section", referred to in text, see section 7 of act Apr. 30, 1956, which provided in part that this section shall become effective the first day of the month following the day of enactment, Apr. 30, 1956. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. -End- -CITE- 42 USC Sec. 212 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 212. Retirement of commissioned officers -STATUTE- (a) Age; voluntariness; length of service; computation of retired pay (1) A commissioned officer of the Service shall, if he applies for retirement, be retired on or after the first day of the month following the month in which he attains the age of sixty-four years. This paragraph does not permit or require the involuntary retirement of any individual because of the age of the individual. (2) A commissioned officer of the Service may be retired by the Secretary, and shall be retired if he applies for retirement, on the first day of any month after completion of thirty years of active service. (3) Any commissioned officer of the Service who has had less than thirty years of active service may be retired by the Secretary, with or without application by the officer, on the first day of any month after completion of twenty or more years of active service of which not less than ten are years of active commissioned service in any of the uniformed services. (4) Except as provided in paragraph (6), a commissioned officer retired pursuant to paragraph (1), (2), or (3) who was (in the case of an officer in the Reserve Corps) on active duty with the Service on the day preceding such retirement shall be entitled to receive retired pay at the rate of 2 1/2 per centum of the basic pay of the highest grade held by him as such officer and in which, in the case of a temporary promotion to such grade, he has performed active duty for not less than six months, (A) for each year of active service, or (B) if it results in higher retired pay, for each of the following years: (i) his years of active service (determined without regard to subsection (d) of this section) as a member of a uniformed service; plus (ii) in the case of a medical or dental officer, four years and, in the case of a medical officer, who has completed one year of medical internship or the equivalent thereof, one additional year, the four years and the one year to be reduced by the period of active service performed during such officer's attendance at medical school or dental school or during his medical internship; plus (iii) the number of years of service with which he was entitled to be credited for purposes of basic pay on May 31, 1958, or (if higher) on any date prior thereto, reduced by any such year included under clause (i) and further reduced by any such year with which he was entitled to be credited under paragraphs (7) and (8) of section 205(a) of title 37 on any date before June 1, 1958; except that (C) in the case of any officer whose retired pay, so computed, is less than 50 per centum of such basic pay, who retires pursuant to paragraph (1) of this subsection, who has not less than twelve whole years of active service (computed without the application of subsection (e) of this section), and who does not use, for purposes of a retirement annuity under subchapter III of chapter 83 of title 5, any service which is also creditable in computing his retired pay from the Service, it shall, instead, be 50 per centum of such pay, and (D) the retired pay of an officer shall in no case be more than 75 per centum of such basic pay. (5) With the approval of the President, a commissioned officer whose service as Surgeon General, Deputy Surgeon General, or Assistant Surgeon General has totaled four years or more and who has had not less than twenty-five years of active service in the Service may retire voluntarily at any time; and except as provided in paragraph (6), his retired pay shall be at the rate of 75 per centum of the basic pay of the highest grade held by him as such officer. (6) The retired pay of a commissioned officer retired under this subsection who first became a member of a uniformed service after September 7, 1980, is determined by multiplying - (A) the retired pay base determined under section 1407 of title 10; by (B) the retired pay multiplier determined under section 1409 of such title for the number of years of service credited to the officer under paragraph (4). (7) Retired pay computed under section 211(g)(3) of this title or under paragraph (4) or (5) of this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1. (b) Basic pay of highest temporary grade For purposes of subsection (a) of this section, the basic pay of the highest grade to which a commissioned officer has received a temporary promotion means the basic pay to which he would be entitled if serving on active duty in such grade on the date of his retirement. (c) Recall to active duty A commissioned officer, retired for reasons other than for failure of promotion to the senior grade, may (1) if an officer of the Regular Corps or an officer of the Reserve Corps entitled to retired pay under subsection (a) of this section, be involuntarily recalled to active duty during such times as the Commissioned Corps constitutes a branch of the land or naval forces of the United States, and (2) if an officer of either the Regular or Reserve Corps, be recalled to active duty at any time with his consent. (d) "Active service" defined The term "active service", as used in subsection (a) of this section, includes: (1) all active service in any of the uniformed services; (2) active service with the Public Health Service, other than as a commissioned officer, which the Surgeon General determines is comparable to service performed by commissioned officers of the Service, except that, if there are more than five years of such service only the last five years thereof may be included; (3) all active service (other than service included under the preceding provisions of this subsection) which is creditable for retirement purposes under laws governing the retirement of members of any of the uniformed services; and (4) service performed as a member of the Senior Biomedical Research Service established by section 237 of this title, except that, if there are more than 5 years of such service, only the last 5 years thereof may be included. (e) Crediting of part of year For the purpose of determining the number of years by which a percentage of the basic pay of an officer is to be multiplied in computing the amount of his retired pay pursuant to section 211(g)(3) of this title or paragraph (4) of subsection (a) of this section, each full month of service that is in addition to the number of full years of service credited to an officer is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded. (f) Retirement or separation for physical disability For purposes of retirement or separation for physical disability under chapter 61 of title 10, a commissioned officer of the Service shall be credited, in addition to the service described in section 1208(a)(2) of that title, with active service with the Public Health Service, other than as a commissioned officer, which the Surgeon General determines is comparable to service performed by commissioned officers of the Service, except that, if there are more than five years of such service, only the last five years thereof may be so credited. For such purposes, such section 1208(a)(2) shall be applicable to officers of the Regular or Reserve Corps of the Service. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 211, 58 Stat. 688; Feb. 28, 1948, ch. 83, Sec. 7, 62 Stat. 46; Oct. 12, 1949, ch. 681, title V, Sec. 521(d), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, Sec. 5(a)-(c), 70 Stat. 117; Aug. 10, 1956, ch. 1041, Sec. 5, 70A Stat. 620; Pub. L. 86-415, Sec. 4, Apr. 8, 1960, 74 Stat. 33; Pub. L. 91-253, Sec. 1, May 14, 1970, 84 Stat. 216; Pub. L. 96-76, title III, Sec. 308, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-342, title VIII, Sec. 813(h)(2), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 97-25, title III, Sec. 303(b), July 27, 1981, 95 Stat. 145; Pub. L. 97-35, title XXVII, Sec. 2765(a), Aug. 13, 1981, 95 Stat. 932; Pub. L. 98-94, title IX, Secs. 922(d), 923(f), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99-348, title II, Sec. 207(b), July 1, 1986, 100 Stat. 702; Pub. L. 101-509, title V, Sec. 529 [title III, Sec. 304(b)], Nov. 5, 1990, 104 Stat. 1427, 1464.) -COD- CODIFICATION In subsec. (a)(4), "subchapter III of chapter 83 of title 5" substituted for "the Civil Service Retirement Act" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1990 - Subsec. (d)(4). Pub. L. 101-509 added par. (4). 1986 - Subsec. (a)(6). Pub. L. 99-348 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "In computing retired pay under paragraph (4) or (5) in the case of any commissioned officer who first became a member of a uniformed service on or after September 8, 1980, the monthly retired pay base computed under section 1407(h) of title 10 shall be used in lieu of using the basic pay of the highest grade held by him as such officer." 1983 - Subsec. (a)(7). Pub. L. 98-94, Sec. 922(d), added par. (7). Subsec. (e). Pub. L. 98-94, Sec. 923(f), substituted "each full month of service that is in addition to the number of full years of service credited to an officer is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded". 1981 - Subsec. (a)(1). Pub. L. 97-35 substituted "shall, if he applies for retirement, be retired on or after" for "shall be retired on", and substituted provisions relating to involuntary retirement as a result of age, for provisions relating to inapplicability to the Surgeon General. Pub. L. 97-25 inserted provision that this paragraph does not apply to Surgeon General. 1980 - Subsec. (a)(4). Pub. L. 96-342, Sec. 813(h)(2)(A), substituted "Except as provided in paragraph (6), a" for "A". Subsec. (a)(5). Pub. L. 96-342, Sec. 813(h)(2)(B), substituted "except as provided in paragraph (6), his" for "his". Subsec. (a)(6). Pub. L. 96-342, Sec. 813(h)(2)(C), added par. (6). 1979 - Subsec. (e). Pub. L. 96-76 struck out requirement respecting active service for purposes of credit. 1970 - Subsec. (a)(4). Pub. L. 91-253 inserted "plus" after the semicolon at end of cl. (ii) and added cl. (iii). 1960 - Pub. L. 86-415 amended section generally, and among other changes, authorized retirement of commissioned officers who have had less than 30 years of active service any time after the completion of 20 years of active service, permitted persons who have served as Deputy Surgeons General or Assistant Surgeons General for four or more years and who have had at least 25 years of active service to retire voluntarily at any time, provided for the recall to active duty of officers of the Reserve Corps entitled to retired pay under subsection (a) of this section during such times as the Corps constitutes a branch of the land or naval forces of the United States, authorized credit, for retirement purposes, of active service in the uniformed services and limited to five years the crediting of active service with the Public Health Service other than as a commissioned officer, and established the methods for computation of retired pay for active duty officers retiring for age or length of service. 1956 - Subsec. (a). Act Apr. 27, 1956, Sec. 5(a), authorized crediting of noncommissioned service for purposes of retirement. Subsec. (b)(1). Act Apr. 27, 1956, Sec. 5(b), authorized crediting of noncommissioned service in the Service for purposes of retirement. Subsec. (c). Act Apr. 27, 1956, Sec. 5(c), permitted recall of retired officers of the Regular Corps without their consent whenever the Regular Corps has military status, and authorized recall of retired officers of the Regular or Reserve Corps with their consent at any time. Subsec. (g). Act Aug. 10, 1956, provided for crediting of service for purposes of retirement or separation for physical disability under chapter 61 of title 10. 1949 - Subsec. (a). Act Oct. 12, 1949, redesignated subsec. (b) as (a), substituted "subsection (b)" for "subsection (c)" and repealed former subsec. (a) relating to retirement for disability or disease. Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b) and struck out reference to retirement for disability or disease. Former subsec. (b) redesignated (a). Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (d) as (c) and struck out reference to recovery from a disability. Former subsec. (c) redesignated (b). Subsecs. (d) to (f). Act Oct. 12, 1949, redesignated subsecs. (e) to (g) as (d) to (f), respectively. Former subsec. (d) redesignated (c). Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsec. (h) as (g) and amended subsection generally to relate to retirement or separation for physical disability. Former subsec. (g) redesignated (f). 1948 - Subsec. (b). Act Feb. 28, 1948, inserted length of service for retirement purposes. Subsec. (c)(2). Act Feb. 28, 1948, made subdivision applicable to grade of Assistant Surgeon General. Subsec. (d). Act Feb. 28, 1948, substituted "under the provisions of subsection (b) of this section" for "for age". Subsecs. (g), (h). Act Feb. 28, 1948, added subsecs. (g) and (h). -CHANGE- CHANGE OF NAME Senior Biomedical Research Service changed to Silvio O. Conte Senior Biomedical Research Service by Pub. L. 103-43, title XX, Sec. 2001, June 10, 1993, 107 Stat. 208. See section 237 of this title. -MISC2- EFFECTIVE DATE OF 1990 AMENDMENT Section 529 [title III, Sec. 304(c)] of Pub. L. 101-509 provided that: "Except as otherwise provided, the provisions of this section [enacting section 237 of this title and amending this section] shall be effective on the 90th day following the date of the enactment of this Act [Nov. 5, 1990]." EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 922(d) of Pub. L. 98-94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98-94, set out as a note under section 1401 of Title 10, Armed Forces. Amendment by section 923(f) of Pub. L. 98-94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98-94, set out as a note under section 1174 of Title 10. EFFECTIVE DATE OF 1970 AMENDMENT Section 2 of Pub. L. 91-253 provided that: "The amendments made by this Act [amending this section] shall apply in the case of retired pay for any period after the month in which this Act is enacted [May 1970]." EFFECTIVE DATE OF 1960 AMENDMENT Section 8(b) of Pub. L. 86-415 provided that: "The amendment made by section 4 [amending this section] shall become effective on the date of enactment of this Act [Apr. 8, 1960] in the case of commissioned officers of the Regular Corps of the Public Health Service, and on July 1, 1960, in the case of commissioned officers of the Reserve Corps of the Public Health Service." EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. SAVINGS PROVISION Section 8(c), (d) of Pub. L. 86-415 provided that: "(c) An officer in the Regular Corps on active duty on the date of enactment of this Act [Apr. 8, 1960] may be retired and have his retired pay computed under section 211 of the Public Health Service Act, as amended by this Act [this section], or, if he so elects, under such section as in effect prior to the date of enactment of this Act [Apr. 8, 1960]. "(d) The limitation under subsection (f) of section 211 of the Public Health Service Act, as amended by this Act [subsec. (f) of this section], on the amount of active service with the Public Health Service, other than as a commissioned officer, which may be counted for purposes of retirement or separation for physical disability, shall not apply in the case of any officer of the Reserve Corps of the Public Health Service on active duty on June 30, 1960." -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -MISC3- COVERAGE UNDER CIVIL SERVICE RETIREMENT ACT Creditable service for purposes of the Civil Service Retirement Act for certain commissioned officers of the Regular or Reserve Corps of the Public Health Service, see section 6(a), (b) of Pub. L. 86-415, set out as a note under section 8332 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 209, 210 of this title; title 10 section 1406. -End- -CITE- 42 USC Sec. 212a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 212a. Repealed. Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936 -MISC1- Section, act July 1, 1944, ch. 373, title XIII, Sec. 1312, formerly title VII, Sec. 712, as added Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; renumbered title VIII, Sec. 812, July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 721; renumbered title IX, Sec. 912, Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; renumbered title X, Sec. 1012, Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; renumbered title XI, Sec. 1112, Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506; renumbered title XII, Sec. 1212, May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; renumbered title XIII, Sec. 1312, Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, provided for retirement of certain officers of Reserve Corps of the Public Health Service for disability. -End- -CITE- 42 USC Sec. 212b 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 212b. Repealed. Apr. 27, 1956, ch. 211, Sec. 5(d), 70 Stat. 117 -MISC1- Section, act July 31, 1953, ch. 296, title II, Sec. 201, 67 Stat. 254, authorized recall of retired officers of the Service. See section 212(c) of this title. -End- -CITE- 42 USC Sec. 213 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 213. Military benefits -STATUTE- (a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors Except as provided in subsection (b) of this section, commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers - (1) in time of war; (2) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or (3) while the Service is part of the military forces of the United States pursuant to Executive order of the President; be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances. (b) Award of decorations The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations. (c) Authority of Surgeon General The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) of this section shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General. (d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen's Indemnity Act of 1951) and section 417 of this title. (e) Active service deemed active military service with respect to Soldiers' and Sailors' Civil Relief Act of 1940 Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all rights, privileges, immunities, and benefits now or hereafter provided under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.). (f) Active service deemed active military service with respect to anti-discrimination laws Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for purposes of all laws related to discrimination on the basis of race, color, sex, ethnicity, age, religion, and disability. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 212, 58 Stat. 689; July 15, 1954, ch. 507, Sec. 14(a), 68 Stat. 481; Aug. 1, 1956, ch. 837, title V, Sec. 501(b)(1), 70 Stat. 881; Pub. L. 94-278, title XI, Sec. 1101, Apr. 22, 1976, 90 Stat. 415; Pub. L. 102-54, Sec. 13(q)(1)(C), June 13, 1991, 105 Stat. 278; Pub. L. 105-392, title IV, Sec. 402(a), Nov. 13, 1998, 112 Stat. 3587.) -REFTEXT- REFERENCES IN TEXT The Servicemen's Indemnity Act of 1951, referred to in subsec. (d), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, which was classified generally to subchapter II (Sec. 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and was repealed by act Aug. 1, 1956, ch. 873, title V, Sec. 502(9), 70 Stat. 886. The Soldiers' and Sailors' Civil Relief Act of 1940, referred to in subsec. (e), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as amended, which is classified to section 501 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see section 501 of Title 50, Appendix, and Tables. -MISC1- AMENDMENTS 1998 - Subsec. (f). Pub. L. 105-392 added subsec. (f). 1991 - Subsec. (d). Pub. L. 102-54 substituted "Secretary of Veterans Affairs" for "Veterans' Administration". 1976 - Subsec. (e). Pub. L. 94-278 added subsec. (e). 1956 - Act Aug. 1, 1956, amended section generally to extend all rights, privileges, immunities, and benefits provided for commissioned officers of the Army or their surviving beneficiaries to commissioned officers of the Service, with the exception of retired pay and uniform allowances, when performing duty under certain circumstances, and to provide that active service of commissioned officers shall be deemed to be active military service in the Armed Forces for the purposes of all laws administered by the Veterans' Administration (except the Servicemen's Indemnity Act of 1951) and section 417 of this title. 1954 - Subsec. (a)(1). Act July 15, 1954, struck out "burial payments in the event of death," after "limited to,". EFFECTIVE DATE OF 1956 AMENDMENT; APPLICABILITY Section 501(b)(2) of act Aug. 1, 1956, provided that: "The amendment made by this subsection [amending this section] (A) shall apply only with respect to service performed on or after July 4, 1952, (B) shall not be construed to affect the entitlement of any person to benefits under the Veterans' Readjustment Assistance Act of 1952 [act July 16, 1952, ch. 875, 66 Stat. 633], (C) shall not be construed to authorize any payment under section 202(i) of the Social Security Act [section 402(i) of this title], or under Veterans Regulation Numbered 9(a), for any death occurring prior to January 1, 1957, and (D) shall not be construed to authorize payment of any benefits for any period prior to January 1, 1957." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. -MISC2- RECOMPUTATION OF SOCIAL SECURITY BENEFITS FOR OFFICERS ENTITLED TO OLD-AGE INSURANCE BENEFITS PRIOR TO JANUARY 1, 1957, OR FOR SURVIVORS OF OFFICERS WHO DIED PRIOR TO JANUARY 1, 1957 Section 501(b)(3) of act Aug. 1, 1956, provided that: "In the case of any individual - "(A) who performed active service (i) as a commissioned officer of the Public Health Service at any time during the period beginning July 4, 1952, and ending December 31, 1956, or (ii) as a commissioned officer of the Coast and Geodetic Survey at any time during the period beginning July 29, 1945, and ending December 31, 1956; and "(B)(i) who became entitled to old-age insurance benefits under section 202(a) of the Social Security Act [section 402(a) of this title] prior to January 1, 1957, or "(ii) who died prior to January 1, 1957, and whose widow, child, or parent is entitled for the month of January 1957, on the basis of his wages and self-employment income, to a monthly survivor's benefit under section 202 of such act [section 402 of this title]; and "(C) any part of whose service described in subparagraph (A) was not included in the computation of his primary insurance amount under section 215 of such act [section 415 of this title] but would have been included in such computation if the amendment made by paragraph (1) of this subsection or paragraph (1) of subsection (d) had been effective prior to the date of such computation, the Secretary of Health, Education, and Welfare [now Health and Human Services] shall, notwithstanding the provisions of section 215(f)(1) of the Social Security Act [section 415(f)(1) of this title], recompute the primary insurance amount of such individual upon the filing of an application, after December 1956, by him or (if he dies without filing such an application) by any person entitled to monthly survivor's benefits under section 202 of such act [section 402 of this title] on the basis of his wages and self-employment income. Such recomputation shall be made only in the manner, provided in title II of the Social Security Act [sections 401 to 425 of this title] as in effect at the time of the last previous computation or recomputation of such individual's primary insurance amount, and as though application therefor was filed in the month in which application for such last previous computation or recomputation was filed. No recomputation made under this paragraph shall be regarded as a recomputation under section 215(f) of the Social Security Act [section 415(f) of this title]. Any such recomputation shall be effective for and after the twelfth month before the month in which the application was filed, but in no case for any month before January 1957." DISPOSITION OF REMAINS OF DECEASED PERSONNEL Recovery, care, and disposition of the remains of deceased members of the uniformed services and other deceased personnel, see section 1481 et seq. of Title 10, Armed Forces. BURIAL OF CERTAIN COMMISSIONED OFFICERS Act Apr. 30, 1956, ch. 227, 70 Stat. 124, provided: "That burial in national cemeteries of the remains of commissioned officers of the United States Public Health Service who were detailed for duty with the Army or Navy during World War I pursuant to the act of July 1, 1902 (32 Stat. 712, 713), as amended, and Executive Order Numbered 2571 dated April 3, 1917, and of the wife, widow, minor child and, in the discretion of the Secretary of the Army, unmarried adult child of these officers is authorized: Provided, That the remains of the wife, widow, and children may, in the discretion of the Secretary of the Army, be removed from a national cemetery proper and interred in the post section of a national cemetery if, upon death, the related officer is not buried in the same or an adjoining gravesite." -TRANS- DELEGATION OF AUTHORITY Memorandum of President of the United States, Dec. 30, 1992, 58 F.R. 3485, provided: Memorandum for the Secretary of Defense, the Secretary of Health and Human Services The authority of the President under section 212(b) of the Public Health Service Act (42 U.S.C. 213(b)) is hereby delegated to the Secretary of Defense. In the exercise of that authority, the Secretary of Defense shall ensure that no military ribbon, medal, or decoration is awarded to an officer of the Public Health Service without the approval of the Secretary of Health and Human Services. The Secretary of Defense shall ensure the publication of this memorandum in the Federal Register. George Bush. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 213a, 215, 218a of this title; title 26 section 140. -End- -CITE- 42 USC Sec. 213a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 213a. Rights, benefits, privileges, and immunities for commissioned officers or beneficiaries; exercise of authority by Secretary or designee -STATUTE- (a) Commissioned officers of the Service or their surviving beneficiaries are entitled to all the rights, benefits, privileges, and immunities now or hereafter provided for commissioned officers of the Army or their surviving beneficiaries under the following provisions of title 10: (1) Section 1036, Escorts for dependents of members: transportation and travel allowances. (2) Chapter 61, Retirement or Separation for Physical Disability, except that sections 1201, 1202, and 1203 do not apply to commissioned officers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days. (3) Chapter 69, Retired Grade, except sections 1370, 1374,(!1) 1375 and 1376(a). (4) Chapter 71, Computation of Retired Pay, except formula No. 3 of section 1401. (5) Chapter 73, Retired Serviceman's Family Protection Plan; Survivor Benefit Plan. (6) Chapter 75, Death Benefits. (7) Section 2771, Final settlement of accounts: deceased members. (8) Chapter 163, Military Claims, but only when commissioned officers of the Service are entitled to military benefits under section 213 of this title. (9) Section 2603, Acceptance of fellowships, scholarships, or grants. (10) Section 2634, Motor vehicles: for members on permanent change of station. (11) Section 1035, Deposits of Savings. (12) Section 1552, Correction of military records: claims incident thereto. (13) Section 1553, Review of discharge or dismissal. (14) Section 1554, Review of retirement or separation without pay for physical disability. (15) Section 1124, Cash awards for suggestions, inventions, or scientific achievements. (16) Section 1052, Reimbursement for adoption expenses. (17) Section 1059, Transitional compensation and commissary and exchange benefits for dependents of members separated for dependent abuse. (b) The authority vested by title 10 in the "military departments", "the Secretary concerned", or "the Secretary of Defense" with respect to the rights, privileges, immunities, and benefits referred to in subsection (a) of this section shall be exercised, with respect to commissioned officers of the Service, by the Secretary of Health and Human Services or his designee. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 221, as added Aug. 10, 1956, ch. 1041, Sec. 4, 70A Stat. 619; amended Pub. L. 85-861, Sec. 4, Sept. 2, 1958, 72 Stat. 1547; Pub. L. 86-160, Sec. 3, Aug. 14, 1959, 73 Stat. 359; Pub. L. 87-555, Sec. 2, July 27, 1962, 76 Stat. 244; Pub. L. 88-132, Sec. 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L. 88-431, Sec. 1(d), Aug. 14, 1964, 78 Stat. 440; Pub. L. 89-538, Sec. 3(b), Aug. 14, 1966, 80 Stat. 348; Pub. L. 92-425, Sec. 5, Sept. 21, 1972, 86 Stat. 713; Pub. L. 96-76, title III, Sec. 312, Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-513, title V, Sec. 507(f)(2), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 99-117, Sec. 4, Oct. 7, 1985, 99 Stat. 492; Pub. L. 105-85, div. A, title VI, Sec. 653(a), Nov. 18, 1997, 111 Stat. 1804; Pub. L. 107-107, div. A, title VI, Sec. 653(a), Dec. 28, 2001, 115 Stat. 1153.) -REFTEXT- REFERENCES IN TEXT Section 1374 of title 10, referred to in subsec. (a)(3), was repealed by Pub. L. 103-337, div. A, title XVI, Sec. 1662(k)(2), Oct. 5, 1994, 108 Stat. 3006. See sections 12771 to 12773 of Title 10, Armed Forces. -COD- CODIFICATION Section was formerly classified to section 316 of title 37 prior to the general revision and enactment of Title 37, Pay and Allowances of the Uniformed Services, by Pub. L. 87-649, Sec. 1, Sept. 7, 1962, 76 Stat. 451. -MISC1- AMENDMENTS 2001 - Subsec. (a)(17). Pub. L. 107-107 added cl. (17). 1997 - Subsec. (a)(16). Pub. L. 105-85 added cl. (16). 1985 - Subsec. (a)(15). Pub. L. 99-117 added cl. (15). 1980 - Subsec. (a)(3). Pub. L. 96-513 inserted reference to section 1370 of title 10. 1979 - Subsec. (a)(12) to (14). Pub. L. 96-76 added cls. (12) to (14). 1972 - Subsec. (a)(5). Pub. L. 92-425 substituted "Retired Serviceman's Family Protection Plan; Survivor Benefit Plan" for "Annuities Based on Retired or Retainer Pay". 1966 - Subsec. (a)(11). Pub. L. 89-538 added cl. (11). 1964 - Subsec. (a)(10). Pub. L. 88-431 added cl. (10). 1963 - Subsec. (b). Pub. L. 88-132 inserted reference to Secretary of Defense. 1962 - Subsec. (a). Pub. L. 87-555 added cl. (9). Notwithstanding directory language that section be amended by "adding the following new clause at the end thereof", the amendment was executed to subsec. (a) to reflect the probable intent of Congress since the "new" clause was numbered "(9)" and subsec. (a) contained cls. (1) to (8). 1959 - Subsec. (a). Pub. L. 86-160 added cl. (1) and renumbered former cls. (1) to (7) as (2) to (8). 1958 - Subsec. (a). Pub. L. 85-861 substituted "provisions" for "chapters" in opening clause, struck out former cl. (1) which related to chapter 55 of title 10, renumbered former cls. (2) to (6) as (1) to (5), amended cl. (1), as renumbered, to make sections 1201 to 1203 of title 10, inapplicable to commissioned officers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days, inserted a reference to section 1374 of title 10 in cl. (2), as renumbered, struck out "Care of the Dead" after "Benefits" in cl. (5), as renumbered, and added cl. (6). EFFECTIVE DATE OF 1997 AMENDMENT Section 653(c) of Pub. L. 105-85 provided that: "The amendments made by this section [amending this section and former section 857a of Title 33, Navigation and Navigable Waters] shall apply only to adoptions that are completed on or after the date of the enactment of this Act [Nov. 18, 1997]." EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 of Pub. L. 88-132, set out as an Effective Date note under section 201 of Title 37, Pay and Allowances of the Uniformed Services. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. -MISC2- RULES AND REGULATIONS; SAVINGS DEPOSIT BENEFITS Regulations prescribed by the Secretary of Health, Education, and Welfare [now Health and Human Services] concerning savings deposit benefits for Public Health Service personnel to be prescribed jointly with regulations prescribed by the Secretaries concerned under section 1035 of Title 10, Armed Forces, see section 3(c) of Pub. L. 89-538, set out as a note under section 1035 of Title 10. BACK PAYMENTS: VALIDATION; APPLICATION; LIMITATIONS; ACCOUNTABILITY OF DISBURSING OFFICERS; REGULATIONS Transportation and travel allowances to escorts for dependents of members, see sections 4 to 7 of Pub. L. 86-160, set out as a note under section 1036 of Title 10, Armed Forces. DESIGNATION OF BENEFICIARY MADE BEFORE JANUARY 1, 1956 Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of section 4 of Pub. L. 85-861, which amended this section, see section 31 of Pub. L. 85-861, set out as a note under section 2771 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 210 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 214 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 214. Presentation of United States flag upon retirement -STATUTE- (a) Presentation of flag Upon the release of an officer of the commissioned corps of the Service from active commissioned service for retirement, the Secretary of Health and Human Services shall present a United States flag to the officer. (b) Multiple presentations not authorized An officer is not eligible for presentation of a flag under subsection (a) of this section if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. (c) No cost to recipient The presentation of a flag under this section shall be at no cost to the recipient. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 213, as added Pub. L. 106-65, div. A, title VI, Sec. 652(b), Oct. 5, 1999, 113 Stat. 665.) -MISC1- PRIOR PROVISIONS A prior section 214, acts July 1, 1944, ch. 373, title II, Sec. 213, 58 Stat. 689; Apr. 27, 1956, ch. 211, Sec. 2(a), 70 Stat. 116, authorized allowances for uniforms, prior to repeal by Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499. See section 415 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE Section applicable with respect to releases from service described in section on or after Oct. 1, 1999, see section 652(d) of Pub. L. 106-65, set out as a note under section 12605 of Title 10, Armed Forces. -End- -CITE- 42 USC Sec. 214a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 214a. Repealed. Sept. 1, 1954, ch. 1211, Sec. 5, 68 Stat. 1130 -MISC1- Section, act July 31, 1953, ch. 296, title II, Sec. 204, 67 Stat. 257, related to allowances for use of taxicabs, etc., around duty posts. See section 408 of Title 37, Pay and Allowances of the Uniformed Services. -End- -CITE- 42 USC Sec. 215 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 215. Detail of Service personnel -STATUTE- (a) Other Government departments The Secretary is authorized, upon the request of the head of an executive department, to detail officers or employees of the Service to such department for duty as agreed upon by the Secretary and the head of such department in order to cooperate in, or conduct work related to, the functions of such department or of the Service. When officers or employees are so detailed their salaries and allowances may be paid from working funds established as provided by law or may be paid by the Service from applicable appropriations and reimbursement may be made as agreed upon by the Secretary and the head of the executive department concerned. Officers detailed for duty with the Army, Air Force, Navy, or Coast Guard shall be subject to the laws for the government of the service to which detailed. (b) State health or mental health authorities Upon the request of any State health authority or, in the case of work relating to mental health, any State mental health authority, personnel of the Service may be detailed by the Surgeon General for the purpose of assisting such State or a political subdivision thereof in work related to the functions of the Service. (c) Congressional committees and nonprofit educational, research, or other institutions engaged in health activities for special studies and dissemination of information The Surgeon General may detail personnel of the Service to any appropriate committee of the Congress or to nonprofit educational, research (!1) or other institutions engaged in health activities for special studies of scientific problems and for the dissemination of information relating to public health. (d) Availability of funds; reimbursement by State; detailed services deemed service for computation of pay, promotion, etc. Personnel detailed under subsections (b) and (c) of this section shall be paid from applicable appropriations of the Service, except that, in accordance with regulations such personnel may be placed on leave without pay and paid by the State, subdivision, or institution to which they are detailed. In the case of detail of personnel under subsections (b) or (c) of this section to be paid from applicable Service appropriations, the Secretary may condition such detail on an agreement by the State, subdivision, or institution concerned that such State, subdivision, or institution concerned shall reimburse the United States for the amount of such payments made by the Service. The services of personnel while detailed pursuant to this section shall be considered as having been performed in the Service for purposes of the computation of basic pay, promotion, retirement, compensation for injury or death, and the benefits provided by section 213 of this title. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 214, 58 Stat. 690; July 3, 1946, ch. 538, Sec. 6, 60 Stat. 423; Oct. 12, 1949, ch. 681, title V, Sec. 521(e), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III, Sec. 309, Sept. 29, 1979, 93 Stat. 585.) -COD- CODIFICATION In subsec. (a), Air Force was inserted on the authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, which established a separate Department of the Air Force, and Secretary of Defense Transfer Order No. 40 [App. A(74)], July 22, 1949, which transferred certain functions, insofar as they pertain to the Air Force, which were not previously transferred to the Department of the Air Force and Secretary of the Air Force. Section 207(a), (f) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 8010 to 8013 continued the Department of the Air Force under the administrative supervision of a Secretary of the Air Force. -MISC1- AMENDMENTS 1979 - Subsec. (c). Pub. L. 96-76, Sec. 309(a), inserted provisions authorizing detail of personnel to appropriate committees of Congress. Subsec. (d). Pub. L. 96-76, Sec. 309(b), inserted provisions relating to agreements by States, etc., for reimbursement upon detail of personnel. 1949 - Subsec. (d). Act Oct. 12, 1949, substituted "the computation of basic pay" for "longevity pay". 1946 - Subsec. (b). Act July 3, 1946, provided for detail of personnel on request from a State mental health authority. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -MISC2- TRANSFERS OF PERSONNEL OCCASIONED BY CREATION OF THE ENVIRONMENTAL PROTECTION AGENCY Pub. L. 91-604, Sec. 15(b)(1)-(8)(A), Dec. 31, 1970, 84 Stat. 1710-1712, provided that: "(1) Subject to such requirements as the Civil Service Commission may prescribe, any commissioned officer of the Public Health Service (other than an officer who retires under section 211 of the Public Health Service Act [section 212 of this title] after his election but prior to his transfer pursuant to this paragraph and paragraph (2)) who, upon the day before the effective date of Reorganization Plan Numbered 3 of 1970 (hereinafter in this subsection referred to as the 'plan'), is serving as such officer (A) primarily in the performance of functions transferred by such plan to the Environmental Protection Agency or its Administrator (hereinafter in this subsection referred to as the 'Agency' and the 'Administrator,' respectively), may, if such officer so elects, acquire competitive status and be transferred to a competitive position in the Agency; or (B) primarily in the performance of functions determined by the Secretary of Health, Education, and Welfare (hereinafter in this subsection referred to as the 'Secretary') to be materially related to the functions so transferred, may, if authorized by agreement between the Secretary and the Administrator, and if such officer so elects, acquire such status and be so transferred. "(2) An election pursuant to paragraph (1) shall be effective only if made in accordance with such procedures as may be prescribed by the Civil Service Commission (A) before the close of the 24th month after the effective date of the plan [Dec. 2, 1970], or (B) in the case of a commissioned officer who would be liable for training and service under the Military Selective Service Act of 1967 [section 451 et seq. of Title 50, App., War and National Defense] but for the operation of section 6(b)(3) thereof (50 U.S.C. App. 456(b)(3)), before (if it occurs later than the close of such 24th month) the close of the 90th day after the day upon which he has completed his 24th month of service as such officer. "(3)(A) Except as provided in subparagraph (B), any commissioned officer of the Public Health Service who, pursuant to paragraphs (1) and (2), elects to transfer to a position in the Agency which is subject to chapter 51 and subchapter III of chapter 53 of title 5, United States Code (hereinafter in this subsection referred to as the 'transferring officer'), shall receive a pay rate of the General Schedule grade of such position which is not less than the sum of the following amounts computed as of the day preceding the date of such election: "(i) the basic pay, the special pay, the continuation pay, and the subsistence and quarters allowances, to which he is annually entitled as a commissioned officer of the Public Health Service pursuant to title 37, United States Code; "(ii) the amount of Federal income tax, as determined by estimate of the Secretary, which the transferring officer, had he remained a commissioned officer, would have been required to pay on his subsistence and quarters allowances for the taxable year then current if they had not been tax free; "(iii) an amount equal to the biweekly average cost of the coverages designated 'high option, self and family' under the Government-wide Federal employee health benefits programs plans, multiplied by twenty-six; and "(iv) an amount equal to 7 per centum of the sum of the amounts determined under clauses (i) through (iii), inclusive. "(B) A transferring officer shall in no event receive, pursuant to subparagraph (A), a pay rate in excess of the maximum rate applicable under the General Schedule to the class of position, as established under chapter 51 of title 5, United States Code, to which such officer is transferred pursuant to paragraphs (1) and (2). "(4)(A) A transferring officer shall be credited, on the day of his transfer pursuant to his election under paragraphs (1) and (2), with one hour of sick leave for each week of active service, as defined by section 211(d) of the Public Health Service Act [section 212(d) of this title]. "(B) The annual leave to the credit of a transferring officer on the day before the day of his transfer, shall, on such day of transfer, be transferred to his credit in the Agency on an adjusted basis under regulations prescribed by the Civil Service Commission. The portion of such leave, if any, that is in excess of the sum of (i) 240 hours, and (ii) the number of hours that have accrued to the credit of the transferring officer during the calendar year then current and which remain unused, shall thereafter remain to his credit until used, and shall be reduced in the manner described by subsection (c) of section 6304 of title 5, United States Code. "(5) A transferring officer who is required to change his official station as a result of his transfer under this subsection shall be paid such travel, transportation, and related expenses and allowances, as would be provided pursuant to subchapter II of chapter 57 of title 5, United States Code, in the case of a civilian employee so transferred in the interest of the Government. Such officer shall not (either at the time of such transfer or upon a subsequent separation from the competitive service) be deemed to have separated from, or changed permanent station within, a uniformed service for purposes of section 404 of title 37, United States Code. "(6) Each transferring officer who prior to January 1, 1958, was insured pursuant to the Federal Employees' Group Life Insurance Act of 1954, and who subsequently waived such insurance, shall be entitled to become insured under chapter 87 of title 5, United States Code, upon his transfer to the Agency regardless of age and insurability. "(7)(A) Effective as of the date a transferring officer acquires competitive status as an employee of the Agency, there shall be considered as the civilian service of such officer for all purposes of chapter 83, title 5, United States Code, (i) his active service as defined by section 211(d) of the Public Health Service Act [section 212(d) of this title], or (ii) any period for which he would have been entitled, upon his retirement as a commissioned officer of the Public Health Service, to receive retired pay pursuant to section 211(a)(4)(B) of such Act [section 212(a)(4)(B) of this title]; however, no transferring officer may become entitled to benefits under both subchapter III of such chapter and title II of the Social Security Act [section 401 et seq. of this title] based on service as such a commissioned officer performed after 1956, but the individual (or his survivors) may irrevocably elect to waive benefit credit for the service under one such law to secure credit under the other. "(B) A transferring officer on whose behalf a deposit is required to be made by subparagraph (C) and who, after transfer to a competitive position in the Agency under paragraphs (1) and (2), is separated from Federal service or transfers to a position not covered by subchapter III of chapter 83 of title 5, United States Code, shall not be entitled, nor shall his survivors be entitled, to a refund of any amount deposited on his behalf in accordance with this section. In the event he transfers, after transfer under paragraphs (1) and (2), to a position covered by another Government staff requirement system under which credit is allowable for service with respect to which a deposit is required under subparagraph (C), no credit shall be allowed under such subchapter III with respect to such service. "(C) The Secretary shall deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, on behalf of and to the credit of such transferring officer, an amount equal to that which such individual would be required to deposit in such fund to cover the years of service credited to him for purposes of his retirement under subparagraph (A), had such service been service as an employee as defined in section 8331(1) of title 5, United States Code. The amount so required to be deposited with respect to any transferring officer shall be computed on the basis of the sum of each of the amounts described in paragraph (3)(A) which were received by, or accrued to the benefit of, such officer during the years so credited. The deposits which the Secretary is required to make under this subparagraph with respect to any transferring officer shall be made within two years after the date of his transfer as provided in paragraphs (1) and (2), and the amounts due under this subparagraph shall include interest computed from the period of service credited to the date of payment in accordance with section 8334(e) of title 5, United States Code. "(8)(A) A commissioned officer of the Public Health Service, who, upon the day before the effective date of the plan, is on active service therewith primarily assigned to the performance of functions described in paragraph (1)(A), shall, while he remains in active service, as defined by section 211(d) of the Public Health Service Act [section 212(d) of this title], be assigned to the performance of duties with the Agency, except as the Secretary and the Administrator may jointly otherwise provide." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 254d, 2004b of this title; title 25 section 1616a. -FOOTNOTE- (!1) So in original. Probably should be followed by a comma. -End- -CITE- 42 USC Sec. 216 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 216. Regulations -STATUTE- (a) Prescription by President: appointments, retirement, etc. The President shall from time to time prescribe regulations with respect to the appointment, promotion, retirement, termination of commission, titles, pay, uniforms, allowances (including increased allowances for foreign service), and discipline of the commissioned corps of the Service. (b) Promulgation by Surgeon General; administration of Service The Surgeon General, with the approval of the Secretary, unless specifically otherwise provided, shall promulgate all other regulations necessary to the administration of the Service, including regulations with respect to uniforms for employees, and regulations with respect to the custody, use, and preservation of the records, papers, and property of the Service. (c) Preference to school of medicine No regulation relating to qualifications for appointment of medical officers or employees shall give preference to any school of medicine. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 215, 58 Stat. 690; Oct. 12, 1949, ch. 681, title V, Sec. 521(f), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) -MISC1- AMENDMENTS 1949 - Subsec. (b). Act Oct. 12, 1949, struck out references to travel and transportation of household goods and effects. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, January 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -End- -CITE- 42 USC Sec. 217 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 217. Use of Service in time of war or emergency -STATUTE- In time of war, or of emergency proclaimed by the President, he may utilize the Service to such extent and in such manner as shall in his judgment promote the public interest. In time of war, or of emergency involving the national defense proclaimed by the President, he may by Executive order declare the commissioned corps of the Service to be a military service. Upon such declaration, and during the period of such war or such emergency or such part thereof as the President shall prescribe, the commissioned corps (a) shall constitute a branch of the land and naval forces of the United States, (b) shall, to the extent prescribed by regulations of the President, be subject to the Uniform Code of Military Justice [10 U.S.C. 801 et seq.], and (c) shall continue to operate as part of the Service except to the extent that the President may direct as Commander in Chief. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 216, 58 Stat. 690; Apr. 27, 1956, ch. 211, Sec. 1, 70 Stat. 116.) -REFTEXT- REFERENCES IN TEXT The Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (Sec. 801 et seq.) of Title 10, Armed Forces. -MISC1- AMENDMENTS 1956 - Act Apr. 27, 1956, empowered President to declare commissioned corps of the Service to be a military service in time of emergency involving national defense, and substituted "the Uniform Code of Military Justice" for "the Articles of War and to the Articles for the Government of the Navy". REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal shall take effect as of June 16, 1952, by section 7 of said Joint Res. July 3, 1952. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. -EXEC- EXECUTIVE ORDER NO. 9575 Ex. Ord. No. 9575, eff. June 28, 1945, 10 F.R. 7895, which declared the Commissioned Corps of the Public Health Service to be a military service subject to the Articles for the Government of the Navy as therein prescribed, was superseded by Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769. EXECUTIVE ORDER NO. 10349 Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769, superseded Ex. Ord. No. 9575, and subjected the Commissioned Corps of the Public Health Service to the provisions of the Uniform Code of Military Justice until June 1, 1952. EXECUTIVE ORDER NO. 10356 Ex. Ord. No. 10356, eff. June 2, 1952, 17 F.R. 4967, amended Ex. Ord. No. 10349, and extended from June 1, 1952, to June 15, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the provisions of the Uniform Code of Military justice. EXECUTIVE ORDER NO. 10362 Ex. Ord. No. 10362, eff. June 14, 1952, 17 F.R. 5413, amended Ex. Ord. No. 10356, and extended from June 15, 1952, to June 30, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the Uniform Code of Military Justice. EXECUTIVE ORDER NO. 10367 Ex. Ord. No. 10367, eff. June 30, 1952, 17 F.R. 5929, amended Ex. Ord. No. 10362, and extended from June 30, 1952, to July 3, 1952, the period during which the Commissioned Corps of the Public Health Service was subject to the Uniform Code of Military Justice. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 254d of this title. -End- -CITE- 42 USC Sec. 217a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 217a. Advisory councils or committees -STATUTE- (a) Appointment; purpose The Secretary may, without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, from time to time, appoint such advisory councils or committees (in addition to those authorized to be established under other provisions of law), for such periods of time, as he deems desirable with such period commencing on a date specified by the Secretary for the purpose of advising him in connection with any of his functions. (b) Compensation and allowances of members not full-time employees of United States Members of any advisory council or committee appointed under this section who are not regular full-time employees of the United States shall, while attending meetings or conferences of such council or committee or otherwise engaged on business of such council or committee receive compensation and allowances as provided in section 210(c) of this title for members of national advisory councils established under this chapter. (c) Delegation of functions Upon appointment of any such council or committee, the Secretary may delegate to such council or committee such advisory functions relating to grants-in-aid for research or training projects or programs, in the areas or fields with which such council or committee is concerned, as the Secretary determines to be appropriate. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 222, as added Pub. L. 87-838, Sec. 3, Oct. 17, 1962, 76 Stat. 1073; amended Pub. L. 91-515, title VI, Sec. 601(a)(3), (c), Oct. 30, 1970, 84 Stat. 1310, 1311; Pub. L. 99-158, Sec. 3(a)(4), Nov. 20, 1985, 99 Stat. 879.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. -MISC1- AMENDMENTS 1985 - Subsec. (c). Pub. L. 99-158 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "Upon appointment of any such council or committee, the Surgeon General, with the approval of the Secretary, may transfer such of the functions of the National Advisory Health Council relating to grants-in-aid for research or training projects or programs in the areas or fields with which such council or committee is concerned as he determines to be appropriate." 1970 - Subsec. (a). Pub. L. 91-515, Sec. 601(c)(1), substituted provisions authorizing the Secretary to appoint advisory councils or committees without regard to specified provisions governing appointments in the competitive service and relating to classification and General Schedule pay rates, for provisions authorizing the Surgeon General to appoint advisory committees without regard to the civil service laws and subject to the Secretary's approval in such cases as he prescribed. Subsec. (b). Pub. L. 91-515, Sec. 601(a)(3), inserted "council or" before "committee" wherever appearing. Subsec. (c). Pub. L. 91-515, Sec. 601(a)(3), (c)(2), inserted "council or" before "committee" wherever appearing, and "or programs" after "projects". -TRANS- 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. -MISC2- TERMINATION OF ADVISORY COMMITTEES; REPORT BY SECRETARY TO CONGRESSIONAL COMMITTEES RELATING TO TERMINATION Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, provided that: "(a) An advisory committee established by or pursuant to the Public Health Service Act [section 201 et seq. of this title], the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 [sections 2689 et seq. and 6001 et seq. of this title], or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [section 4541 et seq. of this title] shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after the date of the enactment of this Act [Jan. 4, 1975]. "(b) The Secretary of Health, Education, and Welfare shall report, within one year after the date of the enactment of the Act [Jan. 4, 1975], to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (1) the purpose and use of each advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and (2) his recommendations respecting the termination of each such advisory committee." -End- -CITE- 42 USC Sec. 217a-1 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 217a-1. Advisory committees; prohibition of consideration of political affiliations -STATUTE- All appointments to advisory committees established to assist in implementing the Public Health Service Act [42 U.S.C. 201 et seq.], the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 [42 U.S.C. 2689 et seq., 6000 et seq.], and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [42 U.S.C. 4541 et seq.], shall be made without regard to political affiliation. -SOURCE- (Pub. L. 94-278, title X, Sec. 1001, Apr. 22, 1976, 90 Stat. 415.) -REFTEXT- REFERENCES IN TEXT The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified generally to this chapter (Sec. 201 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. The Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, referred to in text, is Pub. L. 88-164, Oct. 31, 1963, 77 Stat. 282, as amended. Title I of the Act, known as the Developmental Disabilities Assistance and Bill of Rights Act, was classified principally to chapter 75 (Sec. 6000 et seq.) of this title, prior to repeal by Pub. L. 106-402, title IV, Sec. 401(a), Oct. 30, 2000, 114 Stat. 1737. Title II of the Act, known as the Community Mental Health Centers Act, was classified principally to subchapter III (Sec. 2689 et seq.) of chapter 33 of this title, prior to repeal by Pub. L. 97-35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560. Title IV of the Act was classified generally to subchapter IV (Sec. 2691 et seq.) of chapter 33 of this title, prior to repeal by Pub. L. 94-103, title III, Sec. 302(c), Oct. 4, 1975, 89 Stat. 507. Title III of the Act which amended provisions in Title 20, Education, and Title V of the Act which was classified generally to subchapter V (Sec. 2698 et seq.) of chapter 33 of this title, were repealed by Pub. L. 91-230, title VI, Sec. 662(4), Apr. 13, 1970, 84 Stat. 188. For complete classification of this Act to the Code, see Short Title note set out under section 6000 of this title and Tables. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, referred to in text, is Pub. L. 91-616, Dec. 31, 1970, 84 Stat. 1848, as amended, which is classified principally to chapter 60 (Sec. 4541 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4541 of this title and Tables. -COD- CODIFICATION Section was not enacted as a part of the Public Health Service Act which comprises this chapter. -End- -CITE- 42 USC Sec. 217b 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 217b. Volunteer services -STATUTE- Subject to regulations, volunteer and uncompensated services may be accepted by the Secretary, or by any other officer or employee of the Department of Health and Human Services designated by him, for use in the operation of any health care facility or in the provision of health care. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 223, as added Pub. L. 90-174, Sec. 6, Dec. 5, 1967, 81 Stat. 539; amended Pub. L. 103-43, title XX, Sec. 2008(h), June 10, 1993, 107 Stat. 212.) -MISC1- AMENDMENTS 1993 - Pub. L. 103-43 substituted "Health and Human Services" for "Health, Education, and Welfare". -End- -CITE- 42 USC Sec. 218 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 218. National Advisory Councils on Migrant Health -STATUTE- (a) Appointment; duties Within 120 days of July 29, 1975, the Secretary shall appoint and organize a National Advisory Council on Migrant Health (hereinafter in this subsection referred to as the "Council") which shall advise, consult with, and make recommendations to, the Secretary on matters concerning the organization, operation, selection, and funding of migrant health centers and other entities under grants and contracts under section 254b (!1) of this title. (b) Membership The Council shall consist of fifteen members, at least twelve of whom shall be members of the governing boards of migrant health centers or other entities assisted under section 254b (!1) of this title. Of such twelve members who are members of such governing boards, at least nine shall be chosen from among those members of such governing boards who are being served by such centers or grantees and who are familiar with the delivery of health care to migratory agricultural workers and seasonal agricultural workers. The remaining three Council members shall be individuals qualified by training and experience in the medical sciences or in the administration of health programs. (c) Terms of office Each member of the Council shall hold office for a term of four years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (2) the terms of the members first taking office after July 29, 1975, shall expire as follows: four shall expire four years after such date, four shall expire three years after such date, four shall expire two years after such date, and three shall expire one year after such date, as designated by the Secretary at the time of appointment. (d) Applicability of section 14(a) of Federal Advisory Committee Act Section 14(a) of the Federal Advisory Committee Act shall not apply to the Council. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 217, 58 Stat. 691; July 3, 1946, ch. 538, Sec. 5(b)-(d), 60 Stat. 422; June 16, 1948, ch. 481, Secs. 4(a)-(c), 6(b), 62 Stat. 467, 469; June 24, 1948, ch. 621, Sec. 4(a)-(c), 62 Stat. 600; Aug. 15, 1950, ch. 714, Sec. 3(a)-(d), 64 Stat. 446; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 91-515, title VI, Sec. 601(a)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 91-616, title IV, Sec. 401, Dec. 31, 1970, 84 Stat. 1853; Pub. L. 92-157, title III, Sec. 301(b), Nov. 18, 1971, 85 Stat. 463; Pub. L. 92-218, Sec. 6(a)(1), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-255, title V, Sec. 502(a), Mar. 21, 1972, 86 Stat. 85; Pub. L. 92-423, Sec. 7(a), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-348, title II, Sec. 211(a), July 12, 1974, 88 Stat. 351; Pub. L. 94-63, title IV, Sec. 401(b), July 29, 1975, 89 Stat. 341; Pub. L. 94-371, Sec. 9, July 26, 1976, 90 Stat. 1040; Pub. L. 95-622, title III, Sec. 302(b), Nov. 9, 1978, 92 Stat. 3442; Pub. L. 95-626, title I, Sec. 102(b)(1), Nov. 10, 1978, 92 Stat. 3551; Pub. L. 96-180, Sec. 13, Jan. 2, 1980, 93 Stat. 1304; Pub. L. 96-181, Sec. 14, Jan. 2, 1980, 93 Stat. 1315; Pub. L. 98-24, Sec. 2(a)(2), Apr. 26, 1983, 97 Stat. 176; Pub. L. 98-509, title III, Sec. 302, Oct. 19, 1984, 98 Stat. 2364; Pub. L. 99-158, Sec. 3(a)(2), (3), Nov. 20, 1985, 99 Stat. 878, 879; Pub. L. 99-570, title IV, Sec. 4004(c), Oct. 27, 1986, 100 Stat. 3207-111; Pub. L. 99-660, title III, Sec. 311(b)(1), Nov. 14, 1986, 100 Stat. 3779.) -REFTEXT- REFERENCES IN TEXT Section 254b of this title, referred to in subsecs. (a) and (b), was in the original a reference to section 329, meaning section 329 of act July 1, 1944, which was omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of subchapter II of this chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Section 2 of Pub. L. 104-299 enacted a new section 330 of act July 1, 1944, which is classified to section 254b of this title. Section 14(a) of the Federal Advisory Committee Act, referred to in subsec. (d), is section 14(a) of Pub. L. 92-463, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1986 - Pub. L. 99-570 redesignated former subsec. (e)(1) to (4) as subsecs. (a) to (d), respectively, in subsec. (c), further redesignated former cls. (A) and (B) as (1) and (2), respectively, and struck out former subsecs. (a) to (d), which related, respectively, to composition, qualifications, appointment and tenure of the National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism; duties of the National Advisory Mental Health Council; duties of the National Advisory Council on Alcohol Abuse and Alcoholism; and the composition, qualifications, and duties of the National Advisory Council on Drug Abuse. Subsec. (c). Pub. L. 99-660 which directed that "section 300cc of this title" be substituted for "section 300aa of this title" could not be executed because the reference in question appeared in former subsec. (c) which was repealed by Pub. L. 99-570. 1985 - Subsec. (a). Pub. L. 99-158, Sec. 3(a)(2)(A), in first sentence substituted "National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism" for "National Advisory Health Council, the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Dental Research Council", and substituted "by the Secretary" for "by the Surgeon General with the approval of the Secretary of Health, Education, and Welfare". Pub. L. 99-158, Sec. 3(a)(2)(B)(i), in second sentence struck out "in the case of the National Advisory Health Council, are skilled in the sciences related to health, and" after "scientific authorities who,". Pub. L. 99-158, Sec. 3(a)(2)(B)(ii), which directed the substitution in second sentence of "the National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism" for "the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, the National Advisory Heart Council, and the National Advisory Dental Research Council" was executed by making the substitution for "the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Dental Research Council" as the probable intent of Congress in view of the prior deletion of "the National Advisory Heart Council," by Pub. L. 92-423. See 1972 Amendment note below. Pub. L. 99-158, Sec. 3(a)(2)(B)(iii), in second sentence substituted "and alcohol abuse and alcoholism" for ", alcohol abuse and alcoholism, and dental diseases and conditions". Pub. L. 99-158, Sec. 3(a)(2)(C), struck out third sentence which provided that in the case of the National Advisory Dental Research Council, four of the six members selected from among the leading medical or scientific authorities be dentists. Subsec. (b). Pub. L. 99-158, Sec. 3(a)(3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to the duties of the National Advisory Health Council. Subsecs. (c) to (e), (g). Pub. L. 99-158, Sec. 3(a)(3), redesignated subsecs. (d), (e), and (g) as (c), (d), and (e), respectively. 1984 - Subsec. (a). Pub. L. 98-509 inserted provision requiring the Secretary to assure that the membership of the National Advisory Council on Alcohol Abuse and Alcoholism is broadly representative of experts in the fields of prevention, research, and treatment of alcohol abuse, alcoholism, and rehabilitation of alcohol abusers. 1983 - Subsecs. (c), (d). Pub. L. 98-24 substituted "section 300aa of this title" for "section 219 of this title". 1980 - Subsec. (a). Pub. L. 96-180 authorized appointees to serve after the expiration of their terms until their successors have taken office. Subsec. (e)(1). Pub. L. 96-181, in provisions relating to the eligibility for selection of members, inserted officers or employees of State and local drug abuse agencies, and inserted provision that appointed members may serve after the expiration of their terms until their successors have taken office. 1978 - Subsec. (f). Pub. L. 95-622 struck out subsec. (f) which related to the establishment of a National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research. Subsec. (g)(1), (2). Pub. L. 95-626 substituted "section 254b" for "section 247d". 1976 - Subsec. (d). Pub. L. 94-371 inserted provision that the Council advise the Secretary regarding policies and priorities with respect to grants and contracts in the field of alcohol abuse and alcoholism. 1975 - Subsec. (g). Pub. L. 94-63 added subsec. (g). 1974 - Subsec. (f). Pub. L. 93-348 added subsec. (f). 1972 - Subsec. (a). Pub. L. 92-423, Sec. 7(a)(1), (2), struck out "the National Advisory Heart Council," after "the National Advisory Council on Alcohol Abuse and Alcoholism" in two places and "heart diseases," after "alcohol abuse and alcoholism,", respectively. Subsec. (b). Pub. L. 92-423, Sec. 7(a)(2), struck out "heart," after "alcohol abuse and alcoholism,". Subsec. (e). Pub. L. 92-255 added subsec. (e). 1971 - Subsec. (a). Pub. L. 92-218, Sec. 6(a)(1)(A), (B), struck out reference to National Advisory Cancer Council before National Advisory Mental Health Council in two places and struck out "cancer," before "psychiatric disorders". Pub. L. 92-157 substituted "National Advisory Council on Alcohol Abuse and Alcoholism" for "National Advisory Council on Alcoholic Abuse and Alcoholism" in second sentence. Subsec. (b). Pub. L. 92-218, Sec. 6(a)(1)(B), struck out "cancer," before "mental health" in listing of various diseases. 1970 - Subsec. (a). Pub. L. 91-616, Sec. 401(a), made subsection applicable to National Advisory Council on Alcohol Abuse and Alcoholism, and inserted alcohol abuse and alcoholism to enumeration of diseases concerning which members of such Council must be skilled, and prescribed manner in which terms of members of Council would expire. Subsec. (b). Pub. L. 91-616, Sec. 401(b), inserted reference to National Advisory Council on Alcohol Abuse and Alcoholism authorizing the Surgeon General to utilize the services of members of such Council for additional periods. Pub. L. 91-515 inserted "or committees" after "councils". Subsec. (d). Pub. L. 91-616, Sec. 401(c), added subsec. (d). 1950 - Act Aug. 15, 1950, Sec. 3(d), amended section catchline to reflect addition of new advisory councils. Subsec. (a). Act Aug. 15, 1950, Sec. 3(a), applied provisions to all of the advisory councils with regard to composition, qualifications, and appointment and tenure of members. Subsec. (b). Act Aug. 15, 1950, Sec. 3(b), made subsection also applicable to new advisory councils. Subsec. (c). Act Aug. 15, 1950, Sec. 3(c), redesignated subsec. (e) as (c) and repealed former subsec. (c). Subsecs. (d), (f), (g). Act. Aug. 15, 1950, Sec. 3(c), repealed subsecs. (d), (f), and (g). 1948 - Acts June 16, 1948, Sec. 4(c), and June 24, 1948, Sec. 4(c), included in section catchline the National Advisory Heart and Dental Research Councils, respectively. Subsec. (a). Act June 16, 1948, Sec. 6(b), substituted "National Institutes of Health" for "National Institute of Health" in second sentence. Subsec. (b). Acts June 16, 1948, Sec. 4(b), and June 24, 1948, Sec. 4(b), made subsection applicable to the National Advisory Heart Council and the National Advisory Dental Research Council, respectively. Subsec. (f). Act June 16, 1948, Sec. 4(a), added subsec. (f) which established the National Advisory Heart Council. Subsec. (g). Act June 24, 1948, Sec. 4(a), added subsec. (g) which established the National Advisory Dental Research Council. 1946 - Act July 3, 1946, inserted "Mental Health" in section catchline. Subsec. (b). Act July 3, 1946, inserted "or of the National Advisory Mental Health Council". Subsecs. (d), (e). Act July 3, 1946, added subsecs. (d) and (e). EFFECTIVE DATE OF 1978 AMENDMENT Section 302(b) of Pub. L. 95-622 provided that the amendment made by that section is effective Nov. 1, 1978. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-63 effective July 1, 1975, see section 608 of Pub. L. 94-63, set out as a note under section 247b of this title. EFFECTIVE DATE OF 1974 AMENDMENT Section 211(b) of Pub. L. 93-348, as amended by Pub. L. 94-278, title III, Sec. 301(b), Apr. 22, 1976, 90 Stat. 407; Pub. L. 94-573, Sec. 18(b), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95-203, Sec. 5(b), Nov. 23, 1977, 91 Stat. 1454, provided that: "The amendment made by subsection (a) [amending this section] shall take effect November 1, 1978." EFFECTIVE DATE OF 1972 AMENDMENT Section 9 of Pub. L. 92-423 provided that: "This Act and the amendments made by this Act [see Short Title of 1972 Amendment note under section 201 of this title] shall take effect sixty days after the date of enactment of this Act [Sept. 19, 1972] or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register." EFFECTIVE DATE OF 1971 AMENDMENT Section 7 of Pub. L. 92-218 provided that: "(a) This Act and the amendments made by this Act [enacting sections 286a to 286g and 289l of this title, amending this section and sections 241, 282, 283, and 284 of this title, and enacting provisions set out as notes under sections 281 and 286 of this title] shall take effect sixty days after the date of enactment of this Act [Dec. 23, 1971] or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register. "(b) The first sentence of section 454 of the Public Health Service Act [section 289l of this title] (added by section 5 of this Act) shall apply only with respect to appointments made after the effective date of this Act (as prescribed by subsection (a)). "(c) Notwithstanding the provisions of subsection (a), members of the National Cancer Advisory Board (authorized under section 410B of the Public Health Service Act, as added by this Act) [section 286f of this title] may be appointed, in the manner provided for in such section, at any time after the date of enactment of this Act [Dec. 23, 1971]. Such officers shall be compensated from the date they first take office, at the rates provided for in such section 410B [section 286f of this title]." EFFECTIVE DATE OF 1950 AMENDMENT Section 3(a), (c) of act Aug. 15, 1950, provided that the amendments and repeals made by that section are effective Oct. 1, 1950. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. For transfer of certain membership functions, insofar as they pertain to the Air Force, which functions were not previously transferred from Secretary of the Army to Secretary of the Air Force and from Department of the Army to Department of the Air Force, see Secretary of Defense Transfer Order No. 40 [App. C(7)], July 22, 1949. -MISC2- REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REFERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104-299, set out as a note under section 254b of this title. EXPIRATION OF TERMS OF OFFICE ON SEPTEMBER 30, 1950 Section 3(c) of act Aug. 15, 1950, provided in part that terms of office as members of national advisory councils pursuant to this section subsisting on Sept. 30, 1950, shall expire at the close of business on such day. TERMINATION OF NATIONAL ADVISORY HEALTH COUNCIL Section 3(a)(1) of Pub. L. 99-158 provided that: "The National Advisory Health Council established under section 217 [this section] is terminated." TERMINATION OF ADVISORY COMMITTEES Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 218a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 218a. Training of officers -STATUTE- (a) In general Appropriations available for the pay and allowances of commissioned officers of the Service shall also be available for the pay and allowances of any such officer on active duty while attending any Federal or non-Federal educational institution or training program and, subject to regulations of the President and to the limitation prescribed in such appropriations, for payment of his tuition, fees, and other necessary expenses incident to such attendance. (b) Voluntary separation within period subsequent to attendance Any officer whose tuition, fees, and other necessary expenses are paid pursuant to subsection (a) of this section while attending an educational institution or training program for a period in excess of thirty days shall be obligated to pay to the Service an amount equal to two times the total amount of such tuition, fees, and other necessary expenses received by such officer during such period, and two times the total amount of any compensation received by, and any allowance paid to, such officer during such period, if after return to active service such officer voluntarily leaves the Service within (1) six months, or (2) twice the period of such attendance, whichever is greater. Such subsequent period of service shall commence upon the cessation of such attendance and of any further continuous period of training duty for which no tuition and fees are paid by the Service and which is part of the officer's prescribed formal training program, whether such further training is at a Service facility or otherwise. The Surgeon General may waive, in whole or in part, any payment which may be required by this subsection upon a determination that such payment would be inequitable or would not be in the public interest. (c) Training in leave without pay status A commissioned officer may be placed in leave without pay status while attending an educational institution or training program whenever the Secretary determines that such status is in the best interest of the Service. For purposes of computation of basic pay, promotion, retirement, compensation for injury or death, and the benefits provided by sections 213 and 233 of this title, an officer in such status pursuant to the preceding sentence shall be considered as performing service in the Service and shall have an active service obligation as set forth in subsection (b) of this section. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 218, as added Feb. 28, 1948, ch. 83, Sec. 8, 62 Stat. 47; amended Apr. 27, 1956, ch. 211, Sec. 6, 70 Stat. 117; Pub. L. 96-76, title III, Sec. 310, Sept. 29, 1979, 93 Stat. 585; Pub. L. 105-392, title IV, Sec. 402(b), Nov. 13, 1998, 112 Stat. 3588.) -MISC1- AMENDMENTS 1998 - Subsec. (c). Pub. L. 105-392 added subsec. (c). 1979 - Subsec. (b). Pub. L. 96-76 substituted provisions relating to payment by an officer to the Service upon voluntary separation of two times the total amount of tuition, fees, and other necessary expenses received by such officer and two times the total amount of any compensation received by, and any allowance paid to, such officer, for provisions relating to reimbursement by the officer to the Service upon voluntary separation of tuition and fees and in last sentence substituted "payment" for "reimbursement" wherever appearing. 1956 - Subsec. (a). Act Apr. 27, 1956, Sec. 6(a), authorized training of all officers of the Service, and substituted "any Federal or non-Federal educational institution or training program" for "any educational institution". Subsec. (b). Act Apr. 27, 1956, Sec. 6(b), required reimbursement of tuition and fees by officers who receive training in excess of 30 days and who voluntarily leave the Service within a period of time which is equal to twice the period of such training, with a minimum period of six months of service, and a maximum period of two years, and permitted the Surgeon General to waive any reimbursement. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. -End- -CITE- 42 USC Secs. 219 to 224 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Secs. 219 to 224. Transferred -COD- CODIFICATION Section 219, acts July 1, 1944, ch. 373, title V, Sec. 501, 58 Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 15, 1968, Pub. L. 90-574, title V, Sec. 503(b), 82 Stat. 1012; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, which related to gifts for the benefit of the Service, was successively renumbered by subsequent acts and transferred, see section 238 of this title. Section 220, act July 1, 1944, ch. 373, title V, Sec. 502, 58 Stat. 710, which related to use of immigration station hospitals, was successively renumbered by subsequent acts and transferred, see section 238a of this title. Section 221, act July 1, 1944, ch. 373, title V, Sec. 503, 58 Stat. 710, which related to disposition of money collected for care of patients, was successively renumbered by subsequent acts and transferred, see section 238b of this title. Section 222, acts July 1, 1944, ch. 373, title V, Sec. 504, 58 Stat. 710, June 25, 1948, ch. 654, Sec. 6, 62 Stat. 1018; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to care of Service patients at Saint Elizabeths Hospital, was renumbered section 2104 of act July 1, 1944, by Pub. L. 98-24 and transferred to section 300aa-3 of this title, renumbered section 2304 of act July 1, 1944, by Pub. L. 99-660 and transferred to section 300cc-3 of this title, and was repealed by Pub. L. 98-621, Sec. 10(s), Nov. 8, 1984, 98 Stat. 3381. Section 223, act July 1, 1944, ch. 373, title V, Sec. 505, 58 Stat. 710; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to settlement of claims, was renumbered section 2105 of act July 1, 1944, by Pub. L. 98-24 and transferred to section 300aa-4 of this title, and was repealed by Pub. L. 99-117, Sec. 12(f), Oct. 7, 1985, 99 Stat. 495. See section 300cc-4 of this title. Section 224, acts July 1, 1944, ch. 373, title V, Sec. 506, 58 Stat. 710; July 15, 1954, ch. 507, Sec. 14(b), 68 Stat. 481, which related to transportation of remains of officers, was successively renumbered by subsequent acts and transferred, see section 238c of this title. A new title V (Sec. 501 et seq.) of the Public Health Service Act was added by Pub. L. 98-24, Sec. 2(b), Apr. 26, 1983, 97 Stat. 177, and is classified to subchapter III-A (Sec. 290aa et seq. of this title). -End- -CITE- 42 USC Sec. 225 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 225. Repealed. July 12, 1955, ch. 328, Sec. 5(4), 69 Stat. 296 -MISC1- Section, acts July 1, 1944, ch. 373, title V, Sec. 507, 58 Stat. 711; Feb. 25, 1946, ch. 35, Sec. 2, 60 Stat. 30, provided for settlement of accounts of deceased officers. See section 2771 of Title 10, Armed Forces, and section 714 of Title 32, National Guard. EFFECTIVE DATE OF REPEAL Repeal effective as of effective date of payment provisions of sections 361 to 365 of former Title 37, Pay and Allowances, except with respect to the deaths of members, see section 5 of act July 12, 1955. -End- -CITE- 42 USC Secs. 225a to 227 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Secs. 225a to 227. Transferred -COD- CODIFICATION Section 225a, act July 1, 1944, ch. 373, title V, Sec. 507, as added June 24, 1967, Pub. L. 90-31, Sec. 5, 81 Stat. 79; amended Oct. 27, 1970, Pub. L. 91-513, title I, Sec. 3(c), 84 Stat. 1241; Apr. 22, 1976, Pub. L. 94-278, title XI, Sec. 1102(b), 90 Stat. 415; Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec. 804(b), 94 Stat. 1603; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(2), 95 Stat. 560, which related to availability of appropriations for grants to Federal institutions, was successively renumbered by subsequent acts and transferred, see section 238d of this title. A prior section 507 of act July 1, 1944, ch. 373, title V, providing for settlement of accounts of deceased officers, was classified to section 225 of this title and subsequently repealed. Section 226, act July 1, 1944, ch. 373, title V, Sec. 508, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, which related to transfer of funds between appropriations, was successively renumbered by subsequent acts and transferred, see section 238e of this title. Section 227, acts July 1, 1944, ch. 373, title V, Sec. 509 58 Stat. 711; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; June 25, 1948, ch. 654, Sec. 7, 62 Stat. 1018; Reorg. Plan No. 1 of 1953 Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to availability of appropriations for carrying out purposes of this chapter, was successively renumbered by subsequent acts and transferred, see section 238f of this title. -End- -CITE- 42 USC Sec. 227a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 227a. Omitted -COD- CODIFICATION Section, Pub. L. 90-132, title II, Sec. 204, Nov. 8, 1967, 81 Stat. 407, which provided that appropriations to the Public Health Service be available for research grants to hospitals of the Service, the Bureau of Prisons, Department of Justice, and to Saint Elizabeths Hospital, on the same terms and conditions as grants to non-Federal institutions, was enacted as part of the Department of Health, Education, and Welfare Appropriation Act, 1968, and not as part of the Public Health Service Act which comprises this chapter, and was not repeated in subsequent appropriation acts. See section 300cc-6 of this title. Similar provisions were contained in the following prior appropriation acts: Pub. L. 89-787, title II, Sec. 204, Nov. 7, 1966, 80 Stat. 1400. Pub. L. 89-156, title II, Sec. 204, Aug. 31, 1965, 79 Stat. 609. Pub. L. 88-605, title II, Sec. 204, Sept. 19, 1964, 78 Stat. 979. Pub. L. 88-136, title II, Sec. 204, Oct. 11, 1963, 77 Stat. 244. Pub. L. 87-582, title II, Sec. 204, Aug. 14, 1962, 76 Stat. 379. Pub. L. 87-290, title II, Sec. 206, Sept. 22, 1961, 75 Stat. 608. Pub. L. 86-703, title II, Sec. 207, Sept. 2, 1960, 74 Stat. 773. Pub. L. 86-158, title II, Sec. 210, Aug. 14, 1959, 73 Stat. 355. -End- -CITE- 42 USC Secs. 228 to 229d 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Secs. 228 to 229d. Transferred -COD- CODIFICATION Section 228, acts July 1, 1944, ch. 373, title V, Sec. 510, 58 Stat. 711; June 25, 1948, ch. 645, Sec. 5, 62 Stat. 859, which related to wearing of uniforms, was successively renumbered by subsequent acts and transferred, see section 238g of this title. Section 229, act July 1, 1944, ch. 373, title V, Sec. 511, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to an annual report by Surgeon General, was successively renumbered by subsequent acts and transferred, see section 238h of this title. Section 229a, act July 1, 1944, ch. 373, title V, Sec. 512, as added Oct. 15, 1968, Pub. L. 90-574, title V, Sec. 503(a), 82 Stat. 1012, which related to memorials and other acknowledgments for contributions to health of the Nation, was successively renumbered by subsequent acts and transferred, see section 238i of this title. Section 229b, act July 1, 1944, ch. 373, title V, Sec. 513, as added June 30, 1970, Pub. L. 91-296, title IV, Sec. 401(a), 84 Stat. 351; amended Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec. 804(c), 94 Stat. 1608; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(3), 95 Stat. 560, which related to evaluation of programs, was successively renumbered by subsequent acts and transferred, see section 238j of this title. Section 229c, act July 1, 1944, ch. 373, title V, Sec. 514, as added Nov. 9, 1978, Pub. L. 95-623, Sec. 11(e), 92 Stat. 3456, which related to contract authority of Secretary, was successively renumbered by subsequent acts and transferred, see section 238k of this title. Section 229d, act July 1, 1944, ch. 373, title V, Sec. 515, formerly Pub. L. 88-164, title II, Sec. 225, as added Pub. L. 94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 326; amended Pub. L. 95-622, title I, Sec. 110(c), Nov. 9, 1978, 92 Stat. 3420; renumbered and amended Pub. L. 97-35, title IX, Sec. 902(e)(2)(A), Aug. 13, 1981, 95 Stat. 560, which related to recovery of payments, was successively renumbered by subsequent acts and transferred, see section 238l of this title. -End- -CITE- 42 USC Sec. 230 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 230. Repealed. Apr. 27, 1956, ch. 211, Sec. 5(e), 70 Stat. 117 -MISC1- Section, act July 1, 1944, ch. 373, title VII, Sec. 706, formerly title VI, Sec. 606, 58 Stat. 713; renumbered title VII, Sec. 706, Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; amended Feb. 28, 1948, ch. 83, Sec. 9(a), 62 Stat. 47; Oct. 12, 1949, ch. 681, title V, Sec. 521(g), 63 Stat. 835, provided for computation of retired pay. See section 212 of this title. -End- -CITE- 42 USC Sec. 231 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 231. Service and supply fund; uses; reimbursement -STATUTE- A service and supply fund of $250,000 is established, without fiscal year limitation, for the payment of salaries, travel, and other expenses necessary to the maintenance and operation of (1) a supply service for the purchase, storage, handling, issuance, packing, or shipping of stationery, supplies, materials, equipment, and blank forms, for which stocks may be maintained to meet, in whole or in part, requirements of the Public Health Service and requisitions of other Government Offices, and (2) such other services as the Surgeon General, with the approval of the Secretary of Health and Human Services, determines may be performed more advantageously as central services; said fund to be reimbursed from applicable appropriations or funds available when services are performed or stock furnished, or in advance, on a basis of rates which shall include estimated or actual charges for personal services, materials, equipment (including maintenance, repairs, and depreciation), and other expenses. -SOURCE- (July 3, 1945, ch. 263, title II, 59 Stat. 370; 1953 Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-414, Sec. 9(i), Jan. 4, 1983, 96 Stat. 2064.) -COD- CODIFICATION Section is from the Federal Security Appropriation Act, 1946, act July 3, 1945, and was not enacted as part of the Public Health Service Act which comprises this chapter. -MISC1- AMENDMENTS 1983 - Pub. L. 97-414 inserted ", or in advance," after "stock furnished". -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -End- -CITE- 42 USC Sec. 232 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 232. National Institute of Mental Health; authorization of appropriation; construction; location -STATUTE- There is authorized to be appropriated a sum not to exceed $7,500,000 for the erection and equipment, for the use of the Public Health Service in carrying out the provisions of this Act, of suitable and adequate hospital buildings and facilities, including necessary living quarters for personnel, and of suitable and adequate laboratory buildings and facilities, and such buildings and facilities shall be known as the National Institute of Mental Health. The Administrator of General Services is authorized to acquire, by purchase, condemnation, donation, or otherwise, a suitable and adequate site or sites, selected on the advice of the Surgeon General of the Public Health Service, in or near the District of Columbia for such buildings and facilities, and to erect thereon, furnish, and equip such buildings and facilities. The amount authorized to be appropriated in this section shall include the cost of preparation of drawings and specifications, supervision of construction, and other administrative expenses incident to the work: Provided, That the Administrator of General Services shall prepare the plans and specifications, make all necessary contracts, and supervise construction. -SOURCE- (July 3, 1946, ch. 538, Sec. 11, 60 Stat. 425; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act July 3, 1946, ch. 538, 60 Stat. 421, as amended, known as the National Mental Health Act, which enacted sections 232 and 242a of this title, amended sections 201, 209, 210, 215, 218, 219, 241, 244, and 246 of this title, and enacted provisions set out as notes under section 201 of this title. For complete classification of this Act to the Code, see Short Title of 1946 Amendment note set out under section 201 of this title and Tables. -COD- CODIFICATION Section was enacted as a part of the National Mental Health Act, and not as a part of the Public Health Service Act which comprises this chapter. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949. Both Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. See text of, and Historical and Revision Notes under, section 303(b) of Title 40, Public Buildings, Property, and Works. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605, formerly section 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. -End- -CITE- 42 USC Sec. 233 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 233. Civil actions or proceedings against commissioned officers or employees -STATUTE- (a) Exclusiveness of remedy The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of title 28, for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigation, by any commissioned officer or employee of the Public Health Service while acting within the scope of his office or employment, shall be exclusive of any other civil action or proceeding by reason of the same subject-matter against the officer or employee (or his estate) whose act or omission gave rise to the claim. (b) Attorney General to defend action or proceeding; delivery of process to designated official; furnishing of copies of pleading and process to United States attorney, Attorney General, and Secretary The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary. (c) Removal to United States district court; procedure; proceeding upon removal deemed a tort action against United States; hearing on motion to remand to determine availability of remedy against United States; remand to State court or dismissal Upon a certification by the Attorney General that the defendant was acting in the scope of his employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merit that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State Court: Provided, That where such a remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in the event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section. (d) Compromise or settlement of claim by Attorney General The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28 and with the same effect. (e) Assault or battery For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to assault or battery arising out of negligence in the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations. (f) Authority of Secretary or designee to hold harmless or provide liability insurance for assigned or detailed employees The Secretary or his designee may, to the extent that he deems appropriate, hold harmless or provide liability insurance for any officer or employee of the Public Health Service for damage for personal injury, including death, negligently caused by such officer or employee while acting within the scope of his office or employment and as a result of the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations, if such employee is assigned to a foreign country or detailed to a State or political subdivision thereof or to a non-profit institution, and if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 2679(b) of title 28, for such damage or injury. (g) Exclusivity of remedy against United States for entities deemed Public Health Service employees; coverage for services furnished to individuals other than center patients; application process; subrogation of medical malpractice claims; applicable period; entity and contractor defined (1)(A) For purposes of this section and subject to the approval by the Secretary of an application under subparagraph (D), an entity described in paragraph (4), and any officer, governing board member, or employee of such an entity, and any contractor of such an entity who is a physician or other licensed or certified health care practitioner (subject to paragraph (5)), shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under subsection (k)(3) of this section (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, governing board member, employee, or contractor (subject to paragraph (5)) of such an entity who is deemed to be an employee of the Public Health Service pursuant to this paragraph shall be exclusive of any other civil action or proceeding to the same extent as the remedy against the United States is exclusive pursuant to subsection (a) of this section. (B) The deeming of any entity or officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section shall apply with respect to services provided - (i) to all patients of the entity, and (ii) subject to subparagraph (C), to individuals who are not patients of the entity. (C) Subparagraph (B)(ii) applies to services provided to individuals who are not patients of an entity if the Secretary determines, after reviewing an application submitted under subparagraph (D), that the provision of the services to such individuals - (i) benefits patients of the entity and general populations that could be served by the entity through community-wide intervention efforts within the communities served by such entity; (ii) facilitates the provision of services to patients of the entity; or (iii) are otherwise required under an employment contract (or similar arrangement) between the entity and an officer, governing board member, employee, or contractor of the entity. (D) The Secretary may not under subparagraph (A) deem an entity or an officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section, and may not apply such deeming to services described in subparagraph (B)(ii), unless the entity has submitted an application for such deeming to the Secretary in such form and such manner as the Secretary shall prescribe. The application shall contain detailed information, along with supporting documentation, to verify that the entity, and the officer, governing board member, employee, or contractor of the entity, as the case may be, meets the requirements of subparagraphs (B) and (C) of this paragraph and that the entity meets the requirements of paragraphs (1) through (4) of subsection (h) of this section. (E) The Secretary shall make a determination of whether an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section within 30 days after the receipt of an application under subparagraph (D). The determination of the Secretary that an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section shall apply for the period specified by the Secretary under subparagraph (A). (F) Once the Secretary makes a determination that an entity or an officer, governing board member, employee, or contractor of an entity is deemed to be an employee of the Public Health Service for purposes of this section, the determination shall be final and binding upon the Secretary and the Attorney General and other parties to any civil action or proceeding. Except as provided in subsection (i) of this section, the Secretary and the Attorney General may not determine that the provision of services which are the subject of such a determination are not covered under this section. (G) In the case of an entity described in paragraph (4) that has not submitted an application under subparagraph (D): (i) The Secretary may not consider the entity in making estimates under subsection (k)(1) of this section. (ii) This section does not affect any authority of the entity to purchase medical malpractice liability insurance coverage with Federal funds provided to the entity under section 254b, 254c, 254b(h), or 256a of this title.(!1) (H) In the case of an entity described in paragraph (4) for which an application under subparagraph (D) is in effect, the entity may, through notifying the Secretary in writing, elect to terminate the applicability of this subsection to the entity. With respect to such election by the entity: (i) The election is effective upon the expiration of the 30-day period beginning on the date on which the entity submits such notification. (ii) Upon taking effect, the election terminates the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity. (iii) Upon the effective date for the election, clauses (i) and (ii) of subparagraph (G) apply to the entity to the same extent and in the same manner as such clauses apply to an entity that has not submitted an application under subparagraph (D). (iv) If after making the election the entity submits an application under subparagraph (D), the election does not preclude the Secretary from approving the application ( (!2) and thereby restoring the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity, subject to the provisions of this subsection and the subsequent provisions of this section. (2) If, with respect to an entity or person deemed to be an employee for purposes of paragraph (1), a cause of action is instituted against the United States pursuant to this section, any claim of the entity or person for benefits under an insurance policy with respect to medical malpractice relating to such cause of action shall be subrogated to the United States. (3) This subsection shall apply with respect to a cause of action arising from an act or omission which occurs on or after January 1, 1993. (4) An entity described in this paragraph is a public or non-profit private entity receiving Federal funds under section 254b of this title. (5) For purposes of paragraph (1), an individual may be considered a contractor of an entity described in paragraph (4) only if - (A) the individual normally performs on average at least 32 1/2 hours of service per week for the entity for the period of the contract; or (B) in the case of an individual who normally performs an average of less than 32 1/2 hours of services per week for the entity for the period of the contract, the individual is a licensed or certified provider of services in the fields of family practice, general internal medicine, general pediatrics, or obstetrics and gynecology. (h) Qualifications for designation as Public Health Service employee The Secretary may not approve an application under subsection (g)(1)(D) of this section unless the Secretary determines that the entity - (1) has implemented appropriate policies and procedures to reduce the risk of malpractice and the risk of lawsuits arising out of any health or health-related functions performed by the entity; (2) has reviewed and verified the professional credentials, references, claims history, fitness, professional review organization findings, and license status of its physicians and other licensed or certified health care practitioners, and, where necessary, has obtained the permission from these individuals to gain access to this information; (3) has no history of claims having been filed against the United States as a result of the application of this section to the entity or its officers, employees, or contractors as provided for under this section, or, if such a history exists, has fully cooperated with the Attorney General in defending against any such claims and either has taken, or will take, any necessary corrective steps to assure against such claims in the future; and (4) will fully cooperate with the Attorney General in providing information relating to an estimate described under subsection (k) of this section. (i) Authority of Attorney General to exclude health care professionals from coverage (1) Notwithstanding subsection (g)(1) of this section, the Attorney General, in consultation with the Secretary, may on the record determine, after notice and opportunity for a full and fair hearing, that an individual physician or other licensed or certified health care practitioner who is an officer, employee, or contractor of an entity described in subsection (g)(4) of this section shall not be deemed to be an employee of the Public Health Service for purposes of this section, if treating such individual as such an employee would expose the Government to an unreasonably high degree of risk of loss because such individual - (A) does not comply with the policies and procedures that the entity has implemented pursuant to subsection (h)(1) of this section; (B) has a history of claims filed against him or her as provided for under this section that is outside the norm for licensed or certified health care practitioners within the same specialty; (C) refused to reasonably cooperate with the Attorney General in defending against any such claim; (D) provided false information relevant to the individual's performance of his or her duties to the Secretary, the Attorney General, or an applicant for or recipient of funds under this chapter; or (E) was the subject of disciplinary action taken by a State medical licensing authority or a State or national professional society. (2) A final determination by the Attorney General under this subsection that an individual physician or other licensed or certified health care professional shall not be deemed to be an employee of the Public Health Service shall be effective upon receipt by the entity employing such individual of notice of such determination, and shall apply only to acts or omissions occurring after the date such notice is received. (j) Remedy for denial of hospital admitting privileges to certain health care providers In the case of a health care provider who is an officer, employee, or contractor of an entity described in subsection (g)(4) of this section, section 254h(e) of this title shall apply with respect to the provider to the same extent and in the same manner as such section applies to any member of the National Health Service Corps. (k) Estimate of annual claims by Attorney General; criteria; establishment of fund; transfer of funds to Treasury accounts (1)(A) For each fiscal year, the Attorney General, in consultation with the Secretary, shall estimate by the beginning of the year the amount of all claims which are expected to arise under this section (together with related fees and expenses of witnesses) for which payment is expected to be made in accordance with section 1346 and chapter 171 of title 28 from the acts or omissions, during the calendar year that begins during that fiscal year, of entities described in subsection (g)(4) of this section and of officers, employees, or contractors (subject to subsection (g)(5) of this section) of such entities. (B) The estimate under subparagraph (A) shall take into account - (i) the value and frequency of all claims for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions by entities described in subsection (g)(4) of this section or by officers, employees, or contractors (subject to subsection (g)(5) of this section) of such entities who are deemed to be employees of the Public Health Service under subsection (g)(1) of this section that, during the preceding 5-year period, are filed under this section or, with respect to years occurring before this subsection takes effect, are filed against persons other than the United States, (ii) the amounts paid during that 5-year period on all claims described in clause (i), regardless of when such claims were filed, adjusted to reflect payments which would not be permitted under section 1346 and chapter 171 of title 28, and (iii) amounts in the fund established under paragraph (2) but unspent from prior fiscal years. (2) Subject to appropriations, for each fiscal year, the Secretary shall establish a fund of an amount equal to the amount estimated under paragraph (1) that is attributable to entities receiving funds under each of the grant programs described in paragraph (4) of subsection (g) of this section, but not to exceed a total of $10,000,000 for each such fiscal year. Appropriations for purposes of this paragraph shall be made separate from appropriations made for purposes of sections 254b, 254c, 254b(h) and 256a of this title.(!1) (3) In order for payments to be made for judgments against the United States (together with related fees and expenses of witnesses) pursuant to this section arising from the acts or omissions of entities described in subsection (g)(4) of this section and of officers, governing board member,(!3) employees, or contractors (subject to subsection (g)(5) of this section) of such entities, the total amount contained within the fund established by the Secretary under paragraph (2) for a fiscal year shall be transferred not later than the December 31 that occurs during the fiscal year to the appropriate accounts in the Treasury. (l) Timely response to filing of action or proceeding (1) If a civil action or proceeding is filed in a State court against any entity described in subsection (g)(4) of this section or any officer, governing board member, employee, or any contractor of such an entity for damages described in subsection (a) of this section, the Attorney General, within 15 days after being notified of such filing, shall make an appearance in such court and advise such court as to whether the Secretary has determined under subsections (g) and (h) of this section, that such entity, officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section with respect to the actions or omissions that are the subject of such civil action or proceeding. Such advice shall be deemed to satisfy the provisions of subsection (c) of this section that the Attorney General certify that an entity, officer, governing board member, employee, or contractor of the entity was acting within the scope of their employment or responsibility. (2) If the Attorney General fails to appear in State court within the time period prescribed under paragraph (1), upon petition of any entity or officer, governing board member, employee, or contractor of the entity named, the civil action or proceeding shall be removed to the appropriate United States district court. The civil action or proceeding shall be stayed in such court until such court conducts a hearing, and makes a determination, as to the appropriate forum or procedure for the assertion of the claim for damages described in subsection (a) of this section and issues an order consistent with such determination. (m) Application of coverage to managed care plans (1) An entity or officer, governing board member, employee, or contractor of an entity described in subsection (g)(1) of this section shall, for purposes of this section, be deemed to be an employee of the Public Health Service with respect to services provided to individuals who are enrollees of a managed care plan if the entity contracts with such managed care plan for the provision of services. (2) Each managed care plan which enters into a contract with an entity described in subsection (g)(4) of this section shall deem the entity and any officer, governing board member, employee, or contractor of the entity as meeting whatever malpractice coverage requirements such plan may require of contracting providers for a calendar year if such entity or officer, governing board member, employee, or contractor of the entity has been deemed to be an employee of the Public Health Service for purposes of this section for such calendar year. Any plan which is found by the Secretary on the record, after notice and an opportunity for a full and fair hearing, to have violated this subsection shall upon such finding cease, for a period to be determined by the Secretary, to receive and to be eligible to receive any Federal funds under titles XVIII or XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]. (3) For purposes of this subsection, the term "managed care plan" shall mean health maintenance organizations and similar entities that contract at-risk with payors for the provision of health services or plan enrollees and which contract with providers (such as entities described in subsection (g)(4) of this section) for the delivery of such services to plan enrollees. (n) Report on risk exposure of covered entities (1) Not later than one year after December 26, 1995, the Comptroller General of the United States shall submit to the Congress a report on the following: (A) The medical malpractice liability claims experience of entities that have been deemed to be employees for purposes of this section. (B) The risk exposure of such entities. (C) The value of private sector risk-management services, and the value of risk-management services and procedures required as a condition of receiving a grant under section 254b, 254c, 254b(h), or 256a of this title.(!4) (D) A comparison of the costs and the benefits to taxpayers of maintaining medical malpractice liability coverage for such entities pursuant to this section, taking into account - (i) a comparison of the costs of premiums paid by such entities for private medical malpractice liability insurance with the cost of coverage pursuant to this section; and (ii) an analysis of whether the cost of premiums for private medical malpractice liability insurance coverage is consistent with the liability claims experience of such entities. (2) The report under paragraph (1) shall include the following: (A) A comparison of - (i) an estimate of the aggregate amounts that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) would have directly or indirectly paid in premiums to obtain medical malpractice liability insurance coverage if this section were not in effect; with (ii) the aggregate amounts by which the grants received by such entities under this chapter were reduced pursuant to subsection (k)(2) of this section. (B) A comparison of - (i) an estimate of the amount of privately offered such insurance that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) purchased during the three-year period beginning on January 1, 1993; with (ii) an estimate of the amount of such insurance that such entities (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of this section) will purchase after December 26, 1995. (C) An estimate of the medical malpractice liability loss history of such entities for the 10-year period preceding October 1, 1996, including but not limited to the following: (i) Claims that have been paid and that are estimated to be paid, and legal expenses to handle such claims that have been paid and that are estimated to be paid, by the Federal Government pursuant to deeming entities as employees for purposes of this section. (ii) Claims that have been paid and that are estimated to be paid, and legal expenses to handle such claims that have been paid and that are estimated to be paid, by private medical malpractice liability insurance. (D) An analysis of whether the cost of premiums for private medical malpractice liability insurance coverage is consistent with the liability claims experience of entities that have been deemed as employees for purposes of this section. (3) In preparing the report under paragraph (1), the Comptroller General of the United States shall consult with public and private entities with expertise on the matters with which the report is concerned. (o) Volunteer services provided by health professionals at free clinics (1) For purposes of this section, a free clinic health professional shall in providing a qualifying health service to an individual be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under paragraph (6)(D). The preceding sentence is subject to the provisions of this subsection. (2) In providing a health service to an individual, a health care practitioner shall for purposes of this subsection be considered to be a free clinic health professional if the following conditions are met: (A) The service is provided to the individual at a free clinic, or through offsite programs or events carried out by the free clinic. (B) The free clinic is sponsoring the health care practitioner pursuant to paragraph (5)(C). (C) The service is a qualifying health service (as defined in paragraph (4)). (D) Neither the health care practitioner nor the free clinic receives any compensation for the service from the individual or from any third-party payor (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program). With respect to compliance with such condition: (i) The health care practitioner may receive repayment from the free clinic for reasonable expenses incurred by the health care practitioner in the provision of the service to the individual. (ii) The free clinic may accept voluntary donations for the provision of the service by the health care practitioner to the individual. (E) Before the service is provided, the health care practitioner or the free clinic provides written notice to the individual of the extent to which the legal liability of the health care practitioner is limited pursuant to this subsection (or in the case of an emergency, the written notice is provided to the individual as soon after the emergency as is practicable). If the individual is a minor or is otherwise legally incompetent, the condition under this subparagraph is that the written notice be provided to a legal guardian or other person with legal responsibility for the care of the individual. (F) At the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service. (3)(A) For purposes of this subsection, the term "free clinic" means a health care facility operated by a nonprofit private entity meeting the following requirements: (i) The entity does not, in providing health services through the facility, accept reimbursement from any third-party payor (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program). (ii) The entity, in providing health services through the facility, either does not impose charges on the individuals to whom the services are provided, or imposes a charge according to the ability of the individual involved to pay the charge. (iii) The entity is licensed or certified in accordance with applicable law regarding the provision of health services. (B) With respect to compliance with the conditions under subparagraph (A), the entity involved may accept voluntary donations for the provision of services. (4) For purposes of this subsection, the term "qualifying health service" means any medical assistance required or authorized to be provided in the program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], without regard to whether the medical assistance is included in the plan submitted under such program by the State in which the health care practitioner involved provides the medical assistance. References in the preceding sentence to such program shall as applicable be considered to be references to any successor to such program. (5) Subsection (g) of this section (other than paragraphs (3) through (5)) and subsections (h), (i), and (l) of this section apply to a health care practitioner for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4) of this section, subject to paragraph (6) and subject to the following: (A) The first sentence of paragraph (1) applies in lieu of the first sentence of subsection (g)(1)(A) of this section. (B) This subsection may not be construed as deeming any free clinic to be an employee of the Public Health Service for purposes of this section. (C) With respect to a free clinic, a health care practitioner is not a free clinic health professional unless the free clinic sponsors the health care practitioner. For purposes of this subsection, the free clinic shall be considered to be sponsoring the health care practitioner if - (i) with respect to the health care practitioner, the free clinic submits to the Secretary an application meeting the requirements of subsection (g)(1)(D) of this section; and (ii) the Secretary, pursuant to subsection (g)(1)(E) of this section, determines that the health care practitioner is deemed to be an employee of the Public Health Service. (D) In the case of a health care practitioner who is determined by the Secretary pursuant to subsection (g)(1)(E) of this section to be a free clinic health professional, this subsection applies to the health care practitioner (with respect to the free clinic sponsoring the health care practitioner pursuant to subparagraph (C)) for any cause of action arising from an act or omission of the health care practitioner occurring on or after the date on which the Secretary makes such determination. (E) Subsection (g)(1)(F) of this section applies to a health care practitioner for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions specified in paragraph (2) is met. (6)(A) For purposes of making payments for judgments against the United States (together with related fees and expenses of witnesses) pursuant to this section arising from the acts or omissions of free clinic health professionals, there is authorized to be appropriated $10,000,000 for each fiscal year. (B) The Secretary shall establish a fund for purposes of this subsection. Each fiscal year amounts appropriated under subparagraph (A) shall be deposited in such fund. (C) Not later than May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to the Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of free clinic health professionals, will be paid pursuant to this section during the calendar year that begins in the following fiscal year. Subsection (k)(1)(B) of this section applies to the estimate under the preceding sentence regarding free clinic health professionals to the same extent and in the same manner as such subsection applies to the estimate under such subsection regarding officers, governing board members, employees, and contractors of entities described in subsection (g)(4) of this section. (D) Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subparagraph (B) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph (C) for the calendar year beginning in such fiscal year, subject to the extent of amounts in the fund. (7)(A) This subsection takes effect on the date of the enactment of the first appropriations Act that makes an appropriation under paragraph (6)(A), except as provided in subparagraph (B)(i). (B)(i) Effective on August 21, 1996 - (I) the Secretary may issue regulations for carrying out this subsection, and the Secretary may accept and consider applications submitted pursuant to paragraph (5)(C); and (II) reports under paragraph (6)(C) may be submitted to the Congress. (ii) For the first fiscal year for which an appropriation is made under subparagraph (A) of paragraph (6), if an estimate under subparagraph (C) of such paragraph has not been made for the calendar year beginning in such fiscal year, the transfer under subparagraph (D) of such paragraph shall be made notwithstanding the lack of the estimate, and the transfer shall be made in an amount equal to the amount of such appropriation. (p) Administration of smallpox countermeasures by health professionals (1) In general For purposes of this section, and subject to other provisions of this subsection, a covered person shall be deemed to be an employee of the Public Health Service with respect to liability arising out of administration of a covered countermeasure against smallpox to an individual during the effective period of a declaration by the Secretary under paragraph (2)(A). (2) Declaration by Secretary concerning countermeasure against smallpox (A) Authority to issue declaration (i) In general The Secretary may issue a declaration, pursuant to this paragraph, concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a covered countermeasure to a category or categories of individuals. (ii) Covered countermeasure The Secretary shall specify in such declaration the substance or substances that shall be considered covered countermeasures (as defined in paragraph (8)(A)) for purposes of administration to individuals during the effective period of the declaration. (iii) Effective period The Secretary shall specify in such declaration the beginning and ending dates of the effective period of the declaration, and may subsequently amend such declaration to shorten or extend such effective period, provided that the new closing date is after the date when the declaration is amended. (iv) Publication The Secretary shall promptly publish each such declaration and amendment in the Federal Register. (B) Liability of United States only for administrations within scope of declaration Except as provided in paragraph (5)(B)(ii), the United States shall be liable under this subsection with respect to a claim arising out of the administration of a covered countermeasure to an individual only if - (i) the countermeasure was administered by a qualified person, for a purpose stated in paragraph (7)(A)(i), and during the effective period of a declaration by the Secretary under subparagraph (A) with respect to such countermeasure; and (ii)(I) the individual was within a category of individuals covered by the declaration; or (II) the qualified person administering the countermeasure had reasonable grounds to believe that such individual was within such category. (C) Presumption of administration within scope of declaration in case of accidental vaccinia inoculation (i) In general If vaccinia vaccine is a covered countermeasure specified in a declaration under subparagraph (A), and an individual to whom the vaccinia vaccine is not administered contracts vaccinia, then, under the circumstances specified in clause (ii), the individual - (I) shall be rebuttably presumed to have contracted vaccinia from an individual to whom such vaccine was administered as provided by clauses (i) and (ii) of subparagraph (B); and (II) shall (unless such presumption is rebutted) be deemed for purposes of this subsection to be an individual to whom a covered countermeasure was administered by a qualified person in accordance with the terms of such declaration and as described by subparagraph (B). (ii) Circumstances in which presumption applies The presumption and deeming stated in clause (i) shall apply if - (I) the individual contracts vaccinia during the effective period of a declaration under subparagraph (A) or by the date 30 days after the close of such period; or (II) the individual resides or has resided with an individual to whom such vaccine was administered as provided by clauses (i) and (ii) of subparagraph (B) and contracts vaccinia after such date. (3) Exclusivity of remedy The remedy provided by subsection (a) of this section shall be exclusive of any other civil action or proceeding for any claim or suit this subsection encompasses. (4) Certification of action by Attorney General Subsection (c) of this section applies to actions under this subsection, subject to the following provisions: (A) Nature of certification The certification by the Attorney General that is the basis for deeming an action or proceeding to be against the United States, and for removing an action or proceeding from a State court, is a certification that the action or proceeding is against a covered person and is based upon a claim alleging personal injury or death arising out of the administration of a covered countermeasure. (B) Certification of Attorney General conclusive The certification of the Attorney General of the facts specified in subparagraph (A) shall conclusively establish such facts for purposes of jurisdiction pursuant to this subsection. (5) Defendant to cooperate with United States (A) In general A covered person shall cooperate with the United States in the processing and defense of a claim or action under this subsection based upon alleged acts or omissions of such person. (B) Consequences of failure to cooperate Upon the motion of the United States or any other party and upon finding that such person has failed to so cooperate - (i) the court shall substitute such person as the party defendant in place of the United States and, upon motion, shall remand any such suit to the court in which it was instituted if it appears that the court lacks subject matter jurisdiction; (ii) the United States shall not be liable based on the acts or omissions of such person; and (iii) the Attorney General shall not be obligated to defend such action. (6) Recourse against covered person in case of gross misconduct or contract violation (A) In general Should payment be made by the United States to any claimant bringing a claim under this subsection, either by way of administrative determination, settlement, or court judgment, the United States shall have, notwithstanding any provision of State law, the right to recover for that portion of the damages so awarded or paid, as well as interest and any costs of litigation, resulting from the failure of any covered person to carry out any obligation or responsibility assumed by such person under a contract with the United States or from any grossly negligent, reckless, or illegal conduct or willful misconduct on the part of such person. (B) Venue The United States may maintain an action under this paragraph against such person in the district court of the United States in which such person resides or has its principal place of business. (7) Definitions As used in this subsection, terms have the following meanings: (A) Covered countermeasure The term "covered countermeasure" or "covered countermeasure against smallpox", means a substance that is - (i)(I) used to prevent or treat smallpox (including the vaccinia or another vaccine); or (II) vaccinia immune globulin used to control or treat the adverse effects of vaccinia inoculation; and (ii) specified in a declaration under paragraph (2). (B) Covered person The term "covered person", when used with respect to the administration of a covered countermeasure, includes any person who is - (i) a manufacturer or distributor of such countermeasure; (ii) a health care entity under whose auspices such countermeasure was administered; (iii) a qualified person who administered such countermeasure; or (iv) an official, agent, or employee of a person described in clause (i), (ii), or (iii). (C) Qualified person The term "qualified person", when used with respect to the administration of a covered countermeasure, means a licensed health professional or other individual who is authorized to administer such countermeasure under the law of the State in which the countermeasure was administered. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 224, formerly Sec. 223, as added Pub. L. 91-623, Sec. 4, Dec. 31, 1970, 84 Stat. 1870; renumbered Sec. 224, Pub. L. 92-157, title III, Sec. 301(c), Nov. 18, 1971, 85 Stat. 463; amended Pub. L. 102-501, Secs. 2-4, Oct. 24, 1992, 106 Stat. 3268-3270; Pub. L. 103-183, title VII, Sec. 706(a), Dec. 14, 1993, 107 Stat. 2241; Pub. L. 104-73, Secs. 2-5(b), 6-11, Dec. 26, 1995, 109 Stat. 777-781; Pub. L. 104-191, title I, Sec. 194, Aug. 21, 1996, 110 Stat. 1988; Pub. L. 104-299, Sec. 4(a)(1), Oct. 11, 1996, 110 Stat. 3644; Pub. L. 107-251, title VI, Sec. 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 107-296, title III, Sec. 304(c), Nov. 25, 2002, 116 Stat. 2165.) -REFTEXT- REFERENCES IN TEXT The reference to section 254b of this title the first place appearing and the reference to section 254c of this title, appearing in subsecs. (g)(1)(G)(ii), (k)(2), and (n)(1)(C), were in the original references to sections 329 and 330, meaning sections 329 and 330 of act July 1, 1944, which were omitted in the general amendment of subpart I (Sec. 254b et seq.) of part D of subchapter II of this chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299 enacted new sections 330 and 330A of act July 1, 1944, which are classified, respectively, to sections 254b and 254c of this title. Section 256a of this title, referred to in subsecs. (g)(1)(G)(ii), (k)(2), and (n)(1)(C), was repealed by Pub. L. 104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 3645. The Social Security Act, referred to in subsecs. (m)(2) and (o)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC1- AMENDMENTS 2002 - Subsecs. (g)(1)(G)(ii), (k)(2), (n)(1)(C). Pub. L. 107-251 substituted "254b(h)" for "256". Subsec. (p). Pub. L. 107-296 added subsec. (p). 1996 - Subsec. (g)(4). Pub. L. 104-299 substituted "under section 254b of this title." for "under any of the following grant programs:" and struck out subpars. (A) to (D) which read as follows: "(A) Section 254b of this title (relating to grants for migrant health centers). "(B) Section 254c of this title (relating to grants for community health centers). "(C) Section 256 of this title (relating to grants for health services for the homeless). "(D) Section 256a of this title (relating to grants for health services for residents of public housing)." Subsec. (o). Pub. L. 104-191 added subsec. (o). 1995 - Subsec. (g)(1). Pub. L. 104-73, Secs. 3(1), 4, 5(a), designated existing provisions as subpar. (A), inserted "and subject to the approval by the Secretary of an application under subparagraph (D)" after "For purposes of this section", substituted "an entity described in paragraph (4), and any officer, governing board member, or employee of such an entity, and any contractor of such an entity who is a physician or other licensed or certified health care practitioner (subject to paragraph (5)), shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under subsection (k)(3) of this section (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, governing board member, employee, or contractor" for ", an entity described in paragraph (4) and any officer, employee, or contractor (subject to paragraph (5)) of such an entity who is a physician or other licensed or certified health care practitioner shall be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer of the full amount estimated under subsection (k)(1)(A) of this section was made under subsection (k)(3) of this section (subject to paragraph (3)). The remedy against the United States for an entity described in paragraph (4) and any officer, employee, or contractor", and added subpars. (B) to (H). Subsec. (g)(3). Pub. L. 104-73, Sec. 2(a), struck out at end "This subsection shall not apply with respect to a cause of action arising from an act or omission which occurs on or after January 1, 1996." Subsec. (g)(5)(B). Pub. L. 104-73, Sec. 8, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in the case of an individual who normally performs on average less than 32 1/2 hours of services per week for the entity for the period of the contract and is a licensed or certified provider of obstetrical services - "(i) the individual's medical malpractice liability insurance coverage does not extend to services performed by the individual for the entity under the contract, or "(ii) the Secretary finds that patients to whom the entity furnishes services will be deprived of obstetrical services if such individual is not considered a contractor of the entity for purposes of paragraph (1)." Subsec. (h). Pub. L. 104-73, Sec. 5(b)(1), in introductory provisions substituted "The Secretary may not approve an application under subsection (g)(1)(D) of this section unless the Secretary determines that the entity - " for "Notwithstanding subsection (g)(1) of this section, the Secretary, in consultation with the Attorney General, may not deem an entity described in subsection (g)(4) of this section to be an employee of the Public Health Service Act for purposes of this section unless the entity - ". Subsec. (h)(4). Pub. L. 104-73, Sec. 5(b)(2), substituted "will fully cooperate" for "has fully cooperated". Subsec. (i)(1). Pub. L. 104-73, Sec. 9, substituted "may on the record determine, after notice and opportunity for a full and fair hearing" for "may determine, after notice and opportunity for a hearing". Subsec. (k)(1)(A). Pub. L. 104-73, Sec. 2(b)(1), substituted "For each fiscal year" for "For each of the fiscal years 1993, 1994, and 1995" and struck out "(except that an estimate shall be made for fiscal year 1993 by December 31, 1992, subject to an adjustment within 90 days thereafter)" after "beginning of the year". Subsec. (k)(2). Pub. L. 104-73, Secs. 2(b)(2), 10, substituted "for each fiscal year" for "for each of the fiscal years 1993, 1994, and 1995" and "$10,000,000" for "$30,000,000". Subsec. (k)(3). Pub. L. 104-73, Sec. 3(2), which directed amendment of subsec. (k)(3) by inserting "governing board member," after "officer,", was executed by inserting such language after "officers," to reflect the probable intent of Congress. Subsec. (l). Pub. L. 104-73, Sec. 6, added subsec. (l). Subsec. (m). Pub. L. 104-73, Sec. 7, added subsec. (m). Subsec. (n). Pub. L. 104-73, Sec. 11, added subsec. (n). 1993 - Subsec. (k)(2). Pub. L. 103-183 inserted at end "Appropriations for purposes of this paragraph shall be made separate from appropriations made for purposes of sections 254b, 254c, 256 and 256a of this title." 1992 - Subsecs. (g) to (k). Pub. L. 102-501 added subsecs. (g) to (k). EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Section 5 of Pub. L. 104-299, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(e) [title V, Sec. 521], Sept. 30, 1996, 110 Stat. 3009-233, 3009-275, provided that: "This Act [enacting sections 254b and 254c of this title, amending this section and sections 256c, 1395x, and 1396d of this title, repealing sections 256 and 256a of this title, and enacting provisions set out as notes under sections 201 and 254b of this title] and the amendments made by this Act shall become effective on October 1, 1996." [Section 101(e) [title V, Sec. 521] of Pub. L. 104-208 provided that the amendment made by that section is effective on the day after Oct. 11, 1996.] EFFECTIVE DATE OF 1995 AMENDMENT Section 5(c) of Pub. L. 104-73 provided that: "If, on the day before the date of the enactment of this Act [Dec. 26, 1995], an entity was deemed to be an employee of the Public Health Service for purposes of section 224(g) of the Public Health Service Act [subsec. (g) of this section], the condition under paragraph (1)(D) of such section (as added by subsection (a) of this section) that an application be approved with respect to the entity does not apply until the expiration of the 180-day period beginning on such date." EFFECTIVE DATE OF 1992 AMENDMENT Section 6 of Pub. L. 102-501 provided that: "The amendments made by this Act [amending this section] shall take effect on the date of the enactment of this Act [Oct. 24, 1992]." REPORT ON RISK EXPOSURE OF COVERED ENTITIES Section 5 of Pub. L. 102-501 provided that: "(a) In General. - Not later than April 1, 1995, the Attorney General, in consultation with the Secretary of Health and Human Services (hereafter referred to as the 'Secretary'), shall submit a report to Congress on the medical malpractice liability claims experience of entities subject to section 224(g) of the Public Health Service Act [42 U.S.C. 233(g)] (as added by section 2(a)) and the risk exposure associated with such entities. "(b) Effect of Liability Protections on Costs Incurred by Covered Entities. - The Attorney General's report under subsection (a) shall include an analysis by the Secretary comparing - "(1) the Secretary's estimate of the aggregate amounts that such entities (together with the officers, employees, and contractors of such entities who are subject to section 224(g) of such Act) would have directly or indirectly paid to obtain medical malpractice liability insurance coverage had section 224(g) of the Public Health Service Act not been enacted into law, with "(2) the aggregate amounts by which the grants received by such entities under the Public Health Service Act [this chapter] were reduced as a result of the enactment of section 224(k)(2) of such Act [42 U.S.C. 233(k)(2)]." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 218a, 238q, 254h-1, 300hh-11 of this title; title 25 section 450f. -FOOTNOTE- (!1) See References in Text notes below. (!2) So in original. There is no closing parenthesis. (!3) So in original. Probably should be "members,". (!4) See References in Text notes below. -End- -CITE- 42 USC Sec. 234 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 234. Repealed. Pub. L. 94-484, title IV, Sec. 408(b)(1), Oct. 12, 1976, 90 Stat. 2281, eff. Oct. 1, 1977 -MISC1- Section, act July 1, 1944, ch. 373, title II, Sec. 225, as added Oct. 27, 1972, Pub. L. 92-585, Sec. 5, 86 Stat. 1293; amended Aug. 23, 1974, Pub. L. 93-385, Sec. 1, 88 Stat. 741; Apr. 22, 1976, Pub. L. 94-278, title IX, Sec. 901, 90 Stat. 415; Sept. 30, 1976, Pub. L. 94-437, title I, Sec. 104, 90 Stat. 1403; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(t), 90 Stat. 2246, related to Public Health and National Health Service Corps Scholarship Training program. -End- -CITE- 42 USC Sec. 235 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 235. Administration of grants in multigrant projects; promulgation of regulations -STATUTE- For the purpose of facilitating the administration of, and expediting the carrying out of the purposes of, the programs established by subchapters V, VI, and VII (!1) of this chapter, and sections 242b, 246(a), 246(b), 246(c), 246(d),(!1) and 246(e) (!1) of this title in situations in which grants are sought or made under two or more of such programs with respect to a single project, the Secretary is authorized to promulgate regulations - (1) under which the administrative functions under such programs with respect to such project will be performed by a single administrative unit which is the administrative unit charged with the administration of any of such programs or is the administrative unit charged with the supervision of two or more of such programs; (2) designed to reduce the number of applications, reports, and other materials required under such programs to be submitted with respect to such project, and otherwise to simplify, consolidate, and make uniform (to the extent feasible), the data and information required to be contained in such applications, reports, and other materials; and (3) under which inconsistent or duplicative requirements imposed by such programs will be revised and made uniform with respect to such project; except that nothing in this section shall be construed to authorize the Secretary to waive or suspend, with respect to any such project, any requirement with respect to any of such programs if such requirement is imposed by law or by any regulation required by law. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 226, formerly title III, Sec. 310A, as added Pub. L. 91-515, title II, Sec. 270, Oct. 30, 1970, 84 Stat. 1306; amended Pub. L. 92-157, title II, Sec. 201, Nov. 18, 1971, 85 Stat. 461; renumbered Sec. 226, Pub. L. 93-353, title I, Sec. 102(e), July 23, 1974, 88 Stat. 362.) -REFTEXT- REFERENCES IN TEXT Subchapters V and VI of this chapter, referred to in text, are classified to sections 292 et seq. and 296 et seq., respectively, of this title. Subchapter VII of this chapter, referred to in text, which was classified to section 299 et seq. of this title, was repealed by Pub. L. 99-117, Sec. 12(d), Oct. 7, 1985, 99 Stat. 495. Section 246(d) of this title, referred to in text, was repealed by Pub. L. 97-35, title IX, Sec. 902(b), Aug. 13, 1981, 95 Stat. 559. Section 246(e) of this title, referred to in text, was repealed by Pub. L. 94-63, title V, Sec. 501(b), July 29, 1975, 89 Stat. 346. -COD- CODIFICATION Section was formerly classified to section 242i of this title. -MISC1- AMENDMENTS 1971 - Pub. L. 92-157 provided for administration of programs established under subchapters V and VI of this chapter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 236 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 236. Orphan Products Board -STATUTE- (a) Establishment; composition; chairman There is established in the Department of Health and Human Services a board for the development of drugs (including biologics) and devices (including diagnostic products) for rare diseases or conditions to be known as the Orphan Products Board. The Board shall be comprised of the Assistant Secretary for Health of the Department of Health and Human Services and representatives, selected by the Secretary, of the Food and Drug Administration, the National Institutes of Health, the Centers for Disease Control and Prevention, and any other Federal department or agency which the Secretary determines has activities relating to drugs and devices for rare diseases or conditions. The Assistant Secretary for Health shall chair the Board. (b) Function The function of the Board shall be to promote the development of drugs and devices for rare diseases or conditions and the coordination among Federal, other public, and private agencies in carrying out their respective functions relating to the development of such articles for such diseases or conditions. (c) Duties with respect to drugs for rare diseases or conditions In the case of drugs for rare diseases or conditions the Board shall - (1) evaluate - (A) the effect of subchapter B of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360aa et seq.] on the development of such drugs, and (B) the implementation of such subchapter; (!1) (2) evaluate the activities of the National Institutes of Health for the development of drugs for such diseases or conditions, (3) assure appropriate coordination among the Food and Drug Administration, the National Institutes of Health and the Centers for Disease Control and Prevention in the carrying out of their respective functions relating to the development of drugs for such diseases or conditions to assure that the activities of each agency are complementary, (4) assure appropriate coordination among all interested Federal agencies, manufacturers, and organizations representing patients, in their activities relating to such drugs, (5) with the consent of the sponsor of a drug for a rare disease or condition exempt under section 505(i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355(i)] or regulations issued under such section, inform physicians and the public respecting the availability of such drug for such disease or condition and inform physicians and the public respecting the availability of drugs approved under section 505(c) of such Act [21 U.S.C. 355(c)] or licensed under section 262 of this title for rare diseases or conditions, (6) seek business entities and others to undertake the sponsorship of drugs for rare diseases or conditions, seek investigators to facilitate the development of such drugs, and seek business entities to participate in the distribution of such drugs, and (7) recognize the efforts of public and private entities and individuals in seeking the development of drugs for rare diseases or conditions and in developing such drugs. (d) Consultation The Board shall consult with interested persons respecting the activities of the Board under this section and as part of such consultation shall provide the opportunity for the submission of oral views. (e) Annual report; contents The Board shall submit to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives an annual report - (1) identifying the drugs which have been designated under section 526 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360bb] for a rare disease or condition, (2) describing the activities of the Board, and (3) containing the results of the evaluations carried out by the Board. The Director of the National Institutes of Health shall submit to the Board for inclusion in the annual report a report on the rare disease and condition research activities of the Institutes of the National Institutes of Health; the Secretary of the Treasury shall submit to the Board for inclusion in the annual report a report on the use of the credit against tax provided by section 44H (!2) of title 26; and the Secretary of Health and Human Services shall submit to the Board for inclusion in the annual report a report on the program of assistance under section 360ee of title 21 for the development of drugs for rare diseases and conditions. Each annual report shall be submitted by June 1 of each year for the preceding calendar year. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 227, as added Pub. L. 97-414, Sec. 3, Jan. 4, 1983, 96 Stat. 2051; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-321, title I, Sec. 163(b)(1), July 10, 1992, 106 Stat. 375; Pub. L. 102-531, title III, Sec. 312(d)(1), Oct. 27, 1992, 106 Stat. 3504.) -REFTEXT- REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(1)(A), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended. Subchapter B of the Federal Food, Drug, and Cosmetic Act probably means subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act which is classified generally to part B (section 360aa et seq.) of subchapter V of chapter 9 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. Section 44H of title 26, referred to in subsec. (e), was renumbered section 28 of title 26, by Pub. L. 98-369, div. A, title IV, Sec. 471(c)(1), July 18, 1984, 98 Stat. 826, and subsequently renumbered section 45C of title 26 by Pub. L. 104-188, title I, Sec. 1205(a)(1), Aug. 20, 1996, 110 Stat. 1775. -MISC1- PRIOR PROVISIONS A prior section 236, act July 1, 1944, ch. 373, title II, Sec. 227, formerly title III, Sec. 310B, as added Oct. 30, 1970, Pub. L. 91-515, title II, Sec. 280, 84 Stat. 1307; renumbered Sec. 227 and amended July 23, 1974, Pub. L. 93-353, title I, Sec. 102(f), 88 Stat. 362, related to an annual report by Secretary on activities related to health facilities and services and expenditure of funds, prior to repeal by Pub. L. 97-35, title XXI, Sec. 2193(b)(4), Aug. 13, 1981, 95 Stat. 827. AMENDMENTS 1992 - Subsec. (a). Pub. L. 102-531 substituted "Centers for Disease Control and Prevention" for "Centers for Disease Control". Subsec. (c)(2). Pub. L. 102-321, Sec. 163(b)(1)(A), which directed the striking out of ", and the Alcohol, Drug Abuse, and Mental Health Administration", was executed by striking "and the Alcohol, Drug Abuse, and Mental Health Administration" after "National Institutes of Health" to reflect the probable intent of Congress. Subsec. (c)(3). Pub. L. 102-531 substituted "Centers for Disease Control and Prevention" for "Centers for Disease Control". Pub. L. 102-321, Sec. 163(b)(1)(B), struck out ", the Alcohol, Drug Abuse, and Mental Health Administration," after "National Institutes of Health". Subsec. (e). Pub. L. 102-321, Sec. 163(b)(1)(C), (D), in concluding provisions, struck out "and the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration" after "National Institutes of Health" the first place appearing and "and the Alcohol, Drug Abuse, and Mental Health Administration" after "National Institutes of Health" the second place appearing. 1986 - Subsec. (e). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. -CHANGE- CHANGE OF NAME 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. -MISC2- EFFECTIVE DATE OF 1992 AMENDMENT Section 801 of Pub. L. 102-321 provided that: "(a) In General. - This Act [See Tables for classification] takes effect on the date of the enactment of this Act [July 10, 1992], subject to subsections (b) through (d). "(b) Amendments. - The amendments described in this Act are made on the date of the enactment of this Act and take effect on such date, except as provided in subsections (c) and (d). "(c) Reorganization Under Title I. - Title I [Secs. 101-171] takes effect on October 1, 1992. The amendments described in such title are made on such date and take effect on such date. "(d) Programs Providing Financial Assistance. - "(1) Fiscal year 1993 and subsequent years. - In the case of any program making awards of grants, cooperative agreements, or contracts, the amendments made by this Act are effective for awards made on or after October 1, 1992. "(2) Prior fiscal years. - "(A) Except as provided in subparagraph (B), in the case of any program making awards of grants, cooperative agreements, or contracts, if the program began operation prior to the date of the enactment of this Act [July 10, 1992] and the program is amended by this Act, awards made prior to October 1, 1992, shall continue to be subject to the terms and conditions upon which such awards were made, notwithstanding the amendments made by this Act. "(B) Subparagraph (A) does not apply with respect to the amendments made by this Act to part B of title XIX of the Public Health Service Act [section 300x et seq. of this title]. Section 205(a) [set out as a note under section 300x of this title] applies with respect to the program established in such part." TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (e) of this section relating to the requirement to submit an annual report to certain committees of Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 101 of House Document No. 103-7. USE OF "CDC" AS ACRONYM FOR CENTERS FOR DISEASE CONTROL AND PREVENTION Section 312(i) of Pub. L. 102-531 provided that: "The amendments made by this section [amending this section, sections 247d, 280b to 280b-2, 285c-4, 285d-7, 285m-4, 289c, 290aa-9, 290bb-1, 300u-5, 300aa-2, 300aa-19, 300aa-26, 300cc, 300cc-2, 300cc-15, 300cc-17, 300cc-20, 300cc-31, 300ee-1, 300ee-2, 300ee-31, 300ee-32, 300ee-34, 300ff-11 to 300ff-13, 300ff-17, 300ff-27, 300ff-28, 300ff-41, 300ff-43, 300ff-49, 300ff-75, 4841, and 9604 of this title, section 1341 of Title 15, Commerce and Trade, section 2001 of Title 25, Indians, and provisions set out as notes under sections 241 and 281 of this title and section 303 of Title 38, Veterans' Benefits] may not be construed as prohibiting the Director of the Centers for Disease Control and Prevention from utilizing for official purposes the term 'CDC' as an acronym for such Centers." NATIONAL COMMISSION ON ORPHAN DISEASES Pub. L. 99-91, Sec. 4, Aug. 15, 1985, 99 Stat. 388, as amended by Pub. L. 100-290, Sec. 4, Apr. 18, 1988, 102 Stat. 92; Pub. L. 102-321, title I, Sec. 163(c)(1), July 10, 1992, 106 Stat. 376, provided that: "(a) Establishment. - There is established the National Commission on Orphan Diseases (hereinafter referred to as the 'Commission'). "(b) Duty. - The Commission shall assess the activities of the National Institutes of Health, the Food and Drug Administration, other public agencies, and private entities in connection with - "(1) basic research conducted on rare diseases; "(2) the use in research on rare diseases of knowledge developed in other research; "(3) applied and clinical research on the prevention, diagnosis, and treatment of rare diseases; and "(4) the dissemination to the public, health care professionals, researchers, and drug and medical device manufacturers of knowledge developed in research on rare diseases and other diseases which can be used in the prevention, diagnosis, and treatment of rare diseases. "(c) Review Requirements. - In assessing the activities of the National Institutes of Health, and the Food and Drug Administration in connection with research on rare diseases, the Commission shall review - "(1) the appropriateness of the priorities currently placed on research on rare diseases; "(2) the relative effectiveness of grants and contracts when used to fund research on rare diseases; "(3) the appropriateness of specific requirements applicable to applications for funds for research on rare diseases taking into consideration the reasonable capacity of applicants to meet such requirements; "(4) the adequacy of the scientific basis for such research, including the adequacy of the research facilities and research resources used in such research and the appropriateness of the scientific training of the personnel engaged in such research; "(5) the effectiveness of activities undertaken to encourage such research; "(6) the organization of the peer review process applicable to applications for funds for such research to determine if the organization of the peer review process could be revised to improve the effectiveness of the review provided to proposals for research on rare diseases; "(7) the effectiveness of the coordination between the national research institutes of the National Institutes of Health, the Food and Drug Administration, and private entities in supporting such research; and "(8) the effectiveness of activities undertaken to assure that knowledge developed in research on nonrare diseases is, when appropriate, used in research on rare diseases. "(d) Composition. - The Commission shall be composed of twenty members appointed by the Secretary of Health and Human Services as follows: "(1) Ten members shall be appointed from individuals who are not officers or employees of the Government and who by virtue of their training or experience in research on rare diseases or in the treatment of rare diseases are qualified to serve on the Commission. "(2) Five members shall be appointed from individuals who are not officers or employees of the Government and who have a rare disease or are employed to represent or are members of an organization concerned about rare disease. "(3) Four nonvoting members shall be appointed for the directors of the national research institutes of the National Institutes of Health which the Secretary determines are involved with rare diseases. "(4) One nonvoting member shall be appointed from officers or employees of the Food and Drug Administration who the Secretary determines are involved with rare diseases. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. If any member of the Commission who was appointed to the Commission as a director of a national research institute or as an officer or employee of the Food and Drug Administration leaves that office or position, or if any member of the Commission who was appointed from persons who are not officers or employees of the Government becomes an officer or employee of the Government, such member may continue as a member of the Commission for not longer than the ninety-day period beginning on the date such member leaves that office or position or becomes such an officer or employee, as the case may be. "(e) Term. - Members shall be appointed for the life of the Commission. "(f) Compensation. - "(1) Except as provided in paragraph (2), members of the Commission shall each be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties as members of the Commission. "(2) Members of the Commission who are full-time officers or employees of the Government shall receive no additional pay by reason of their service on the Commission. "(g) Chairman. - The Chairman of the Commission shall be designated by the members of the Commission. "(h) Staff. - Subject to such rules as may be prescribed by the Commission, the Commission may appoint and fix the pay of such personnel as it determines are necessary to enable the Commission to carry out its functions. Personnel shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. "(i) Experts and Consultants. - Subject to such rules as may be prescribed by the Commission, the Commission may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the basic pay payable for grade GS-15 of the General Schedule. "(j) Detail of Personnel. - Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its functions. "(k) Administrative Support Services. - The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. "(l) General Authority. - The Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. "(m) Information. - The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman, the head of such department or agency shall furnish such information to the Commission. "(n) Report. - The Commission shall transmit to the Secretary and to each House of the Congress a report not later than February 1, 1989, on the activities of the Commission. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for - "(1) a long range plan for the use of public and private resources to improve research into rare diseases and to assist in the prevention, diagnosis, and treatment of rare diseases; and "(2) such legislation or administrative actions as it considers appropriate. "(o) Termination. - The Commission shall terminate 90 days after the date of the submittal of its report under subsection (n). "(p) Funds. - The Director of the National Institutes of Health shall make available $1,000,000 to the Commission from appropriations for fiscal year 1986 for the National Institutes of Health." -FOOTNOTE- (!1) So in original. The semicolon probably should be a comma. (!2) See References in Text note below. -End- -CITE- 42 USC Sec. 237 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part A - Administration -HEAD- Sec. 237. Silvio O. Conte Senior Biomedical Research Service -STATUTE- (a) Creation; number of members (1) There shall be in the Public Health Service a Silvio O. Conte Senior Biomedical Research Service, not to exceed 500 members. (2) The authority established in paragraph (1) regarding the number of members in the Silvio O. Conte Senior Biomedical Research Service is in addition to any authority established regarding the number of members in the commissioned Regular Corps, in the Reserve Corps, and in the Senior Executive Service. Such paragraph may not be construed to require that the number of members in the commissioned Regular Corps, in the Reserve Corps, or in the Senior Executive Service be reduced to offset the number of members serving in the Silvio O. Conte Senior Biomedical Research Service (in this section referred to as the "Service"). (b) Appointments; qualifications; provisions inapplicable to members The Service shall be appointed by the Secretary without regard to the provisions of title 5 regarding appointment, and shall consist of individuals outstanding in the field of biomedical research or clinical research evaluation. No individual may be appointed to the Service unless such individual (1) has earned a doctoral level degree in biomedicine or a related field, and (2) meets the qualification standards prescribed by the Office of Personnel Management for appointment to a position at GS-15 of the General Schedule. Notwithstanding any previous applicability to an individual who is a member of the Service, the provisions of subchapter I of chapter 35 (relating to retention preference), chapter 43 (relating to performance appraisal and performance actions), chapter 51 (relating to classification), subchapter III of chapter 53 (relating to General Schedule pay rates), and chapter 75 (relating to adverse actions) of title 5 shall not apply to any member of the Service. (c) Performance appraisal system The Secretary shall develop a performance appraisal system designed to - (1) provide for the systematic appraisal of the performance of members, and (2) encourage excellence in performance by members. (d) Pay of members (1) The Secretary shall determine, subject to the provisions of this subsection, the pay of members of the Service. (2) The pay of a member of the Service shall not be less than the minimum rate payable for GS-15 of the General Schedule and shall not exceed the rate payable for level I of the Executive Schedule unless approved by the President under section 5377(d)(2) of title 5. (e) Contribution to retirement system of institutions of higher education The Secretary may, upon the request of a member who - (1) performed service in the employ of an institution of higher education immediately prior to his appointment as a member of the Service, and (2) retains the right to continue to make contributions to the retirement system of such institution, contribute an amount not to exceed 10 percent per annum of the member's basic pay to such institution's retirement system on behalf of such member. A member who requests that such contribution be made shall not be covered by, or earn service credit under, any retirement system established for employees of the United States under title 5, but such service shall be creditable for determining years of service under section 6303(a) of such title. (f) Career and noncareer appointment of certain individuals Subject to the following sentence, the Secretary may, notwithstanding the provisions of title 5 regarding appointment, appoint an individual who is separated from the Service involuntarily and without cause to a position in the competitive civil service at GS-15 of the General Schedule, and such appointment shall be a career appointment. In the case of such an individual who immediately prior to his appointment to the Service was not a career appointee in the civil service or the Senior Executive Service, such appointment shall be in the excepted civil service and may not exceed a period of 2 years. (g) Rules and regulations The Secretary shall promulgate such rules and regulations, not inconsistent with this section, as may be necessary for the efficient administration of the Service. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 228, as added Pub. L. 101-509, title V, Sec. 529 [title III, Sec. 304(a)], Nov. 5, 1990, 104 Stat. 1427, 1463; amended Pub. L. 103-43, title XX, Sec. 2001, June 10, 1993, 107 Stat. 208.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in subsecs. (b), (d)(2), and (f), is set out under section 5332 of Title 5, Government Organization and Employees. The provisions of title 5 regarding appointments, referred to in subsecs. (b) and (f), are classified to section 3301 et seq. of Title 5. Level I of the Executive Schedule, referred to in subsec. (d)(2), is set out in section 5312 of Title 5. -MISC1- AMENDMENTS 1993 - Pub. L. 103-43, Sec. 2001(b), substituted "Silvio O. Conte Senior Biomedical Research Service" for "Senior Biomedical Research Service" in section catchline. Subsec. (a). Pub. L. 103-43, Sec. 2001(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "There shall be in the Public Health Service a Senior Biomedical Research Service (hereinafter in this section referred to as the 'Service'), not to exceed 350 members at any time." EFFECTIVE DATE Section effective on the 90th day following Nov. 5, 1990, see section 529 [title III, Sec. 304(c)] of Pub. L. 101-509, set out as an Effective Date of 1990 Amendment note under section 212 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 212 of this title. -End- -CITE- 42 USC Part B - Miscellaneous Provisions 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- PART B - MISCELLANEOUS PROVISIONS -COD- CODIFICATION This part was classified to subchapter XXV (Sec. 300aaa et seq.) of this chapter prior to its renumbering by Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213. -End- -CITE- 42 USC Sec. 238 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238. Gifts for benefit of Service -STATUTE- (a) Acceptance by Secretary The Secretary of Health and Human Services is authorized to accept on behalf of the United States gifts made unconditionally by will or otherwise for the benefit of the Service or for the carrying out of any of its functions. Conditional gifts may be so accepted if recommended by the Surgeon General, and the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with its conditions, but no gift shall be accepted which is conditioned upon any expenditure not to be met therefrom or from the income thereof unless such expenditure has been approved by Act of Congress. (b) Depository of funds; availability for expenditure Any unconditional gift of money accepted pursuant to the authority granted in subsection (a) of this section, the net proceeds from the liquidation (pursuant to subsection (c) or subsection (d) of this section) of any other property so accepted, and the proceeds of insurance on any such gift property not used for its restoration, shall be deposited in the Treasury of the United States and are hereby appropriated and shall be held in trust by the Secretary of the Treasury for the benefit of the Service, and he may invest and reinvest such funds in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Such gifts and the income from such investments shall be available for expenditure in the operation of the Service and the performance of its functions, subject to the same examination and audit as is provided for appropriations made for the Service by Congress. (c) Evidences of unconditional gifts of intangible property The evidences of any unconditional gift of intangible personal property, other than money, accepted pursuant to the authority granted in subsection (a) of this section shall be deposited with the Secretary of the Treasury and he, in his discretion, may hold them, or liquidate them except that they shall be liquidated upon the request of the Secretary of Health and Human Services whenever necessary to meet payments required in the operation of the Service or the performance of its functions. The proceeds and income from any such property held by the Secretary of the Treasury shall be available for expenditure as is provided in subsection (b) of this section. (d) Real property or tangible personal property The Secretary of Health and Human Services, shall hold any real property or any tangible personal property accepted unconditionally pursuant to the authority granted in subsection (a) of this section and he shall permit such property to be used for the operation of the Service and the performance of its functions or he may lease or hire such property, and may insure such property, and deposit the income thereof with the Secretary of the Treasury to be available for expenditure as provided in subsection (b) of this section: Provided, That the income from any such real property or tangible personal property shall be available for expenditure in the discretion of the Secretary of Health and Human Services, for the maintenance, preservation, or repair and insurance of such property and that any proceeds from insurance may be used to restore the property insured. Any such property when not required for the operation of the Service or the performance of its functions may be liquidated by the Secretary of Health and Human Services, and the proceeds thereof deposited with the Secretary of the Treasury, whenever in his judgment the purposes of the gifts will be served thereby. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 231, formerly title V, Sec. 501, 58 Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 90-574, title V, Sec. 503(b), Oct. 15, 1968, 82 Stat. 1012; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; renumbered title XXI, Sec. 2101, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2301, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2501, Pub. L. 100-607, title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062; renumbered title XXVI, Sec. 2601, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2701, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 231, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa of this title prior to renumbering by Pub. L. 103-43, to section 300cc of this title prior to renumbering by Pub. L. 100-607, to section 300aa of this title prior to renumbering by Pub. L. 99-660, and to section 219 of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1968 - Subsec. (e). Pub. L. 90-574 struck out subsec. (e) which provided for acknowledgment of donations of $50,000 or more in aid of research by the establishment of suitable memorials within the National Institutes of Health and the National Institute of Mental Health. 1948 - Subsec. (e). Act June 16, 1948, substituted "National Institutes of Health" for "National Institute of Health". 1946 - Subsec. (e). Act July 3, 1946, inserted reference to National Institute of Mental Health. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 284a, 285q-2, 286, 287a, 289f of this title. -End- -CITE- 42 USC Sec. 238a 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238a. Use of immigration station hospitals -STATUTE- The Immigration and Naturalization Service may, by agreement of the heads of the departments concerned, permit the Public Health Service to use hospitals at immigration stations for the care of Public Health Service patients. The Surgeon General shall reimburse the Immigration and Naturalization Service for the actual cost of furnishing fuel, light, water, telephone, and similar supplies and services, which reimbursement shall be covered into the proper Immigration and Naturalization Service appropriation, or such costs may be paid from working funds established as provided by law, but no charge shall be made for the expense of physical upkeep of the hospitals. The Immigration and Naturalization Service shall reimburse the Surgeon General for the care and treatment of persons detained in hospitals of the Public Health Service at the request of the Immigration and Naturalization Service unless such persons are entitled to care and treatment under section 249(a) (!1) of this title. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 232, formerly title V, Sec. 502, 58 Stat. 710, renumbered title XXI, Sec. 2102, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2302, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2502, Pub. L. 100-607, title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062; renumbered title XXVI, Sec. 2602, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2702, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 232, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -REFTEXT- REFERENCES IN TEXT Subsec. (a) of section 249 of this title, referred to in text, which related to persons entitled to care and treatment without charge, was repealed, and subsec. (c) of section 249 of this title was redesignated as subsec. (a), by Pub. L. 97-35, title IX, Sec. 986(a), (b)(2), Aug. 13, 1981, 95 Stat. 603. -COD- CODIFICATION Section was formerly classified to section 300aaa-1 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-1 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-1 of this title prior to renumbering by Pub. L. 99-660, and to section 220 of this title prior to renumbering by Pub. L. 98-24. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by sections 1 and 2 of Reorg. Plan No. 2 of 1950, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, which were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. Immigration and Naturalization Service, referred to in this section, was a bureau in Department of Justice. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 238b 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238b. Disposition of money collected for care of patients -STATUTE- Money collected as provided by law for expenses incurred in the care and treatment of foreign seamen, and money received for the care and treatment of pay patients, including any amounts received from any executive department on account of care and treatment of pay patients, shall be covered into the appropriation from which the expenses of such care and treatment were paid. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 233, formerly title V, Sec. 503, 58 Stat. 710, renumbered title XXI, Sec. 2103, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2303, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2503, Pub. L. 100-607, title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062; renumbered title XXVI, Sec. 2603, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2703, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 233, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-2 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-2 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-2 of this title prior to renumbering by Pub. L. 99-660, and to section 221 of this title prior to renumbering by Pub. L. 98-24. -End- -CITE- 42 USC Sec. 238c 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238c. Transportation of remains of officers -STATUTE- Appropriations available for traveling expenses of the Service shall be available for meeting the cost of preparation for burial and of transportation to the place of burial of remains of commissioned officers, and of personnel specified in regulations, who die in line of duty. Appropriations available for carrying out the provisions of this chapter shall also be available for the payment of such expenses relating to the recovery, care and disposition of the remains of personnel or their dependents as may be authorized under other provisions of law. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 234, formerly title V, Sec. 506, 58 Stat. 710; July 15, 1954, ch. 507, Sec. 14(b), 68 Stat. 481; renumbered title XXI, Sec. 2106, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2306, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2504, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2604, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2704, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 234, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-3 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-5 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-5 of this title prior to renumbering by Pub. L. 99-660, and to section 224 of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1954 - Act July 15, 1954, inserted sentence at end relating to availability of appropriations for paying expenses relating to recovery, care, and disposition of the remains of personnel or their dependents. -TRANS- TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. -MISC2- DISPOSITION OF REMAINS OF DECEASED PERSONNEL Recovery, care and disposition of the remains of deceased members of the uniformed services and other deceased personnel, see section 1481 et seq. of Title 10, Armed Forces. -End- -CITE- 42 USC Sec. 238d 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238d. Availability of appropriations for grants to Federal institutions -STATUTE- Appropriations to the Public Health Service available under this chapter for research, training, or demonstration project grants or for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence and appropriations under title VI of the Mental Health Systems Act [42 U.S.C. 9511 et seq.] shall also be available on the same terms and conditions as apply to non-Federal institutions, for grants for the same purpose to Federal institutions, except that grants to Federal institutions may be funded at 100 per centum of the costs. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 235, formerly title V, Sec. 507, as added Pub. L. 90-31, Sec. 5, June 24, 1967, 81 Stat. 79; amended Pub. L. 91-513, title I, Sec. 3(c), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 94-278, title XI, Sec. 1102(b), Apr. 22, 1976, 90 Stat. 415; Pub. L. 96-398, title VIII, Sec. 804(b), Oct. 7, 1980, 94 Stat. 1608; Pub. L. 97-35, title IX, Sec. 902(g)(2), Aug. 13, 1981, 95 Stat. 560; renumbered title XXI, Sec. 2107, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2307, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2505, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2605, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2705, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 235, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -REFTEXT- REFERENCES IN TEXT The Mental Health Systems Act, referred to in text, is Pub. L. 96-398, Oct. 7, 1980, 94 Stat. 1564, as amended. Title VI of the Mental Health Systems Act is classified generally to subchapter V (Sec. 9511 et seq.) of chapter 102 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9401 of this title and Tables. -COD- CODIFICATION Section was formerly classified to section 300aaa-4 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-6 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-6 of this title prior to renumbering by Pub. L. 99-660, and to section 225a of this title prior to renumbering by Pub. L. 98-24. -MISC1- AMENDMENTS 1981 - Pub. L. 97-35 struck out provisions relating to appropriations available under Community Mental Health Centers Act for construction, etc. 1980 - Pub. L. 96-398 struck out "and" after "drug dependence," and inserted reference to title VI of the Mental Health Systems Act. 1976 - Pub. L. 94-278 substituted "Federal institutions, except that grants to" for "hospitals of the Service, of the Veterans' Administration, or of the Bureau of Prisons of the Department of Justice, and to Saint Elizabeths Hospital, except grants to such". 1970 - Pub. L. 91-513 inserted references to appropriations available for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence, and appropriations available under Community Mental Health Centers Act for construction and staffing of community mental health centers and alcoholism and narcotic addiction, drug abuse, and drug dependence facilities, and inserted provision that grants to specified Federal institutions may be funded at 100 per centum of the costs. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as a note under section 238l of this title. EFFECTIVE DATE Section 5 of Pub. L. 90-31 provided that this section is effective July 1, 1968. -End- -CITE- 42 USC Sec. 238e 01/06/03 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part B - Miscellaneous Provisions -HEAD- Sec. 238e. Transfer of funds -STATUTE- For the purpose of any reorganization under section 203 of this title, the Secretary, with the approval of the Director of the Office of Management and Budget, is authorized to make such transfers of funds between appropriations as may be necessary for the continuance of transferred functions. -SOURCE- (July 1, 1944, ch. 373, title II, Sec. 236, formerly title V, Sec. 508, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; renumbered title XXI, Sec. 2108, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2308, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2506, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2606, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2706, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 236, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.) -COD- CODIFICATION Section was formerly classified to section 300aaa-5 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-7 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-7 of this title prior to renumbering by Pub. L. 99-660, and to section 226 of this title prior to renumbering by Pub. L. 98-24. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Di