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42 U.S.C. § 238i — Biennial report
Federal law — U.S. Code and appendices · legal_authorities
The Surgeon General shall transmit to the Secretary, for submission to the Congress, on January 1, 1995, and on January 1, every 2 years thereafter, a full report of the administration of the functions of the Service under this chapter, including a detailed statement of receipts and disbursements.
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Source file: Laws/federal/codes/united-states-code/title-42/section-238i-biennial-report--a68499b8f4.md
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Source location: Title 42, Chapter 6A, § 238i; chapter-6a-public-health-service.md
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The Surgeon General shall transmit to the Secretary, for submission to the Congress, on January 1, 1995, and on January 1, every 2 years thereafter, a full report of the administration of the functions of the Service under this chapter, including a detailed statement of receipts and disbursements.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
**(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
**(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113
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Federal law — U.S. Code and appendices · legal_authorities
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),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(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, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
**(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;
**(h)** Repealed. Pub. L. 97–35, title IX, § 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 228, acts July 1, 1944, ch. 373, title V, § 510, 58 Stat. 711; June 25, 1948, ch. 645, § 5, 62 Stat. 859, which related to wearing of uniforms, was successively renumbered by subsequent acts and transferred, see [section 238g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238g&num=0&edition=prelim).
Section 229, act July 1, 1944, ch. 373, title V, § 511, 58 Stat. 711; 1953 Reorg. Plan No. 1, §§ 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238h&num=0&edition=prelim).
Section 229a, act July 1, 1944, ch. 373, title V, § 512, as added Oct. 15, 1968, Pub. L. 90–574, title V, § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238i&num=0&edition=prelim).
Section 229b, act July 1, 1944, ch. 373, title V, § 513, as added June 30, 1970, Pub. L. 91–296, title IV, § 401(a), 84 Stat. 351; amended Oct. 7, 1980, Pub. L. 96–398, title VIII, § 804(c), 94 Stat. 1608; Aug. 13, 1981, Pub. L. 97–35, title IX, § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238j&num=0&edition=prelim).
Section 229c, act July 1, 1944, ch. 373, title V, § 514
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 230
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 290bb–3, act July 1, 1944, ch. 373, title V, § 510, as added Pub. L. 102–321, title I, § 109, July 10, 1992, 106 Stat. 342, related to demonstration projects of national significance.
A prior section 510 of act July 1, 1944, was classified to [section 290bb of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290bb&num=0&edition=prelim), prior to repeal by Pub. L. 102–321, § 122(b)(1). Prior to repeal, section 510(b) of act July 1, 1944, was renumbered section 464H(b) by Pub. L. 102–321 and transferred to [section 285n(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section285n/b&num=0&edition=prelim).
Another prior section 510 of act July 1, 1944, which was classified to [section 228 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section228&num=0&edition=prelim), was successively renumbered by subsequent acts and transferred, see [section 238g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238g&num=0&edition=prelim).
Section 290bb–4, act July 1, 1944, ch. 373, title V, § 511, as added Pub. L. 102–321, title I, § 110, July 10, 1992, 106 Stat. 343, related to grants for substance abuse treatment in State and local criminal justice systems.
A prior section 511 of act July 1, 1944, which was classified to [section 290bb–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290bb-1&num=0&edition=prelim), was renumbered section 464J of act July 1, 1944, by Pub. L. 102–321 and transferred to [section 285n–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section285n-2&num=0&edition=prelim).
Another prior section 5
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290bb–3 to 290bb–5
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule**
(1) A proceeding for compensation under the Program for a vaccine-related injury or death shall be initiated by service upon the Secretary and the filing of a petition containing the matter prescribed by subsection (c) with the United States Court of Federal Claims. The clerk of the United States Court of Federal Claims shall immediately forward the filed petition to the chief special master for assignment to a special master under [section 300aa–12(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa–12/d/1&num=0&edition=prelim).
(2)
(A) No person may bring a civil action for damages in an amount greater than $1,000 or in an unspecified amount against a vaccine administrator or manufacturer in a State or Federal court for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, and no such court may award damages in an amount greater than $1,000 in a civil action for damages for such a vaccine-related injury or death, unless a petition has been filed, in accordance with [section 300aa–16 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-16&num=0&edition=prelim), for compensation under the Program for such injury or death and—
(i)
(I) the United States Court of Federal Claims has issued a judgment under [section 300aa–12 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-12&num=0&edition=prelim) on such petition, and
(II) such person elects under [section 300aa–21(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa–21/a&num=0&edition=prelim) to file such an action, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300aa–11
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** The United States Court of Federal Claims and the United States Court of Federal Claims special masters shall, in accordance with this section, have jurisdiction over proceedings to determine if a petitioner under [section 300aa–11 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-11&num=0&edition=prelim) is entitled to compensation under the Program and the amount of such compensation. The United States Court of Federal Claims may issue and enforce such orders as the court deems necessary to assure the prompt payment of any compensation awarded.
**(b) Parties**
(1) In all proceedings brought by the filing of a petition under [section 300aa–11(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa–11/b&num=0&edition=prelim), the Secretary shall be named as the respondent, shall participate, and shall be represented in accordance with [section 518(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section518/a&num=0&edition=prelim).
(2) Within 30 days after the Secretary receives service of any petition filed under [section 300aa–11 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-11&num=0&edition=prelim) the Secretary shall publish notice of such petition in the Federal Register. The special master designated with respect to such petition under subsection (c) shall afford all interested persons an opportunity to submit relevant, written information—
(A) relating to the existence of the evidence described in [section 300aa–13(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa–13/a/1/B&num=0&edition=prelim), or
(B) re
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300aa–12
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Director of the National Cancer Institute and the Director of the National Institute of Allergy and Infectious Diseases, shall for each such Institute establish a clinical evaluation unit at the Clinical Center at the National Institutes of Health. Each of the clinical evaluation units—
(1) shall conduct clinical evaluations of experimental treatments for acquired immune deficiency syndrome developed within the preclinical drug development program, including evaluations of methods of diagnosing immune deficiency and evaluations of methods of predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases; and
(2) may conduct clinical evaluations of experimental treatments for such syndrome that are developed by any other national research institute of the National Institutes of Health or by any other entity.
**(b) Personnel and administrative support**
(1) For the purposes described in subsection (a), the Secretary, acting through the Director of the National Institutes of Health, shall provide each of the clinical evaluation units required in such subsection—
(A)
(i) with not less than 50 beds; or
(ii) with an outpatient clinical capacity equal to not less than twice the outpatient clinical capacity, with respect to acquired immune deficiency syndrome, possessed by the Clinical Center of the National Institutes of Health on June 1, 1988; and
(B) with such personnel, such administrative support, and such other support services as may be necessary.
(2) Facilities, personnel, administrative support, and other support services provided pursuant to paragraph (1) shall be in addition to the number or level of facilities, personnel, administrative support, and other suppor
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300cc–11
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Technical assistance** The Secretary may provide training and technical assistance to States with respect to the planning, development, and operation of any program or service carried out pursuant to this part. The Secretary may provide such technical assistance directly or through grants or contracts.
**(b) Provision by Secretary of supplies and services in lieu of grant funds**
(1) Upon the request of a State receiving payments under this part, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such part and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services.
(2) With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under [section 300ee–11(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ee–11/a&num=0&edition=prelim) to the State by an amount equal to the costs of detailing personnel and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300ee–33
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Fund**
(1) **In general** — There is established a fund to be known as the World Trade Center Health Program Fund (referred to in this section as the “Fund”).
(2) **Funding** — Out of any money in the Treasury not otherwise appropriated, there shall be deposited into the Fund for fiscal year 2016 and each subsequent fiscal year through fiscal year 2090—
(A) the Federal share, consisting of an amount equal to—
(i) for fiscal year 2016, $330,000,000;
(ii) for fiscal year 2017, $345,610,000;
(iii) for fiscal year 2018, $380,000,000;
(iv) for fiscal year 2019, $440,000,000;
(v) for fiscal year 2020, $485,000,000;
(vi) for fiscal year 2021, $501,000,000;
(vii) for fiscal year 2022, $518,000,000;
(viii) for fiscal year 2023, $535,000,000;
(ix) for fiscal year 2024, $552,000,000;
(x) for fiscal year 2025, $570,000,000; and
(xi) for each subsequent fiscal year through fiscal year 2090, the amount specified under this subparagraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year; plus
(B) the New York City share, consisting of the amount contributed under the contract under [section 300mm–41(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300mm–41/d&num=0&edition=prelim).
(3) **Contract requirement**
(A) *In general* — No funds may be disbursed from the Fund unless New York City has entered into a contract with the WTC Program Administrator under [section 300mm–41(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300mm–61
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Federal law — U.S. Code and appendices · legal_authorities
Page 120
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 238i
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.
Executive Documents
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 Sec-
retary of Health, Education, and Welfare by section 1 of
Reorg. Plan No. 3 of 1966, set out as a note under sec-
tion 202 of this title. Office of Surgeon General reestab-
lished within the Office of the Assistant Secretary for
Health, see Notice of Department of Health and Human
Services, Office of the Assistant Secretary for Health,
Mar. 30, 1987, 52 F.R. 11754.
Functions of Federal Security Administrator trans-
ferred 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 202 of this title. Federal Security Agency
and office of Administrator abolished by section 8 of
Reorg. Plan No. 1 of 1953.
§ 238i. Memorials and other acknowledgments for
contributions to health of Nation
The Secretary may provide for suitably ac-
knowledging, within the Department (whether
by memorials, designations, or other suitable
acknowledgments), (1) efforts of persons who
have contributed substantially to the health of
the Nation and (2) gifts for use in activities of
the Department related to health.
(July 1, 1944, ch. 373, title II, § 240, formerly title
V, § 512, as added Pub. L. 90–574, title V, § 503(a),
Oct.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 238i
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