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42 U.S.C. § 238k — Evaluation of programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Such portion as the Secretary shall determine, but not less than 0.2 percent nor more than 1 percent, of any amounts appropriated for programs authorized under this chapter shall be made available for the evaluation (directly, or by grants of contracts) of the implementation and effectiveness of such programs.
**(b) Report on evaluations** Not later than February 1 of each year, the Secretary shall prepare and submit to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the findings of the evaluations conducted under subsection (a).
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Source file: Laws/federal/codes/united-states-code/title-42/section-238k-evaluation-of-programs--5adc2cfb84.md
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Source location: Title 42, Chapter 6A, § 238k; chapter-6a-public-health-service.md
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**(a) In general** Such portion as the Secretary shall determine, but not less than 0.2 percent nor more than 1 percent, of any amounts appropriated for programs authorized under this chapter shall be made available for the evaluation (directly, or by grants of contracts) of the implementation and effectiveness of such programs.
**(b) Report on evaluations** Not later than February 1 of each year, the Secretary shall prepare and submit to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the findings of the evaluations conducted under subsection (a).
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Federal law — U.S. Code and appendices · legal_authorities
The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 21
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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
**(a) General rule**
(1) Compensation shall be awarded under the Program to a petitioner if the special master or court finds on the record as a whole—
(A) that the petitioner has demonstrated by a preponderance of the evidence the matters required in the petition by [section 300aa–11(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa–11/c/1&num=0&edition=prelim), and
(B) that there is not a preponderance of the evidence that the illness, disability, injury, condition, or death described in the petition is due to factors unrelated to the administration of the vaccine described in the petition.
The special master or court may not make such a finding based on the claims of a petitioner alone, unsubstantiated by medical records or by medical opinion.
(2) For purposes of paragraph (1), the term “factors unrelated to the administration of the vaccine”—
(A) does not include any idiopathic, unexplained, unknown, hypothetical, or undocumentable cause, factor, injury, illness, or condition, and
(B) may, as documented by the petitioner’s evidence or other material in the record, include infection, toxins, trauma (including birth trauma and related anoxia), or metabolic disturbances which have no known relation to the vaccine involved, but which in the particular case are shown to have been the agent or agents principally responsible for causing the petitioner’s illness, disability, injury, condition, or death.
**(b) Matters to be considered**
(1) In determining whether to award compensation to a petitioner under the Program, the special master or court shall consider, in addition to all other relevant medical and scientific evidence contained in the record—
(A) any diagnosis, conclusion, medical judgment, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300aa–13
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Initial table** The following is a table of vaccines, the injuries, disabilities, illnesses, conditions, and deaths resulting from the administration of such vaccines, and the time period in which the first symptom or manifestation of onset or of the significant aggravation of such injuries, disabilities, illnesses, conditions, and deaths is to occur after vaccine administration for purposes of receiving compensation under the Program: VACCINE INJURY TABLE I.DTP; P; DTP/Polio Combination; or Any Other Vaccine Containing Whole Cell Pertussis Bacteria, Extracted or Partial Cell Bacteria, or Specific Pertussis Antigen(s). Illness, disability, injury, or condition covered:Time period for first symptom or manifestation of onset or of significant aggravation after vaccine administration: A. Anaphylaxis or anaphylactic shock24 hours B. Encephalopathy (or encephalitis) 3 days C. Shock-collapse or hypotonic-hyporesponsive collapse 3 days D. Residual seizure disorder in accordance with subsection (b)(2) 3 days E. Any acute complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribedNot applicable II.Measles, mumps, rubella, or any vaccine containing any of the foregoing as a component; DT; Td; or Tetanus Toxoid. A. Anaphylaxis or anaphylactic shock24 hours B. Encephalopathy (or encephalitis)15 days (for mumps, rubella, measles, or any vaccine containing any of the foregoing as a component). 3 days (for DT, Td, or tetanus toxoid). C. Residual seizure disorder in accordance with subsection (b)(2)15 days (for mumps, rubella, measles, or any vaccine containing any of the foregoing as a component). 3 days (for DT, Td, or tetanus toxoid). D. Any a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300aa–14
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** After consultation with the Commissioner of Food and Drugs, the Director of the National Institutes of Health, acting through the Director of the National Institute of Allergy and Infectious Diseases, may make grants to public entities and nonprofit private entities concerned with acquired immune deficiency syndrome, and may enter into contracts with public and private such 11 So in original. entities, for the purpose of planning and conducting, in the community involved, clinical trials of experimental treatments for infection with the etiologic agent for such syndrome that are approved by the Commissioner of Food and Drugs for investigational use under regulations issued under [section 355 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section355&num=0&edition=prelim).
**(b) Requirement of certain projects**
(1) Financial assistance under subsection (a) shall include such assistance to community-based organizations and community health centers for the purpose of—
(A) retaining appropriate medical supervision;
(B) assisting with administration, data collection and record management; and
(C) conducting training of community physicians, nurse practitioners, physicians’ assistants and other health professionals for the purpose of conducting clinical trials.
(2)
(A) Financial assistance under subsection (a) shall include such assistance for demonstration projects designed to implement and conduct community-based clinical trials in order to provide access to the entire scope of communities affected by infections with the etiologic agent for acquired immune deficiency syndrome, including minorities, hemophiliacs and transfusion-exposed individuals, women, children, users of intravenous drugs, and individual
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300cc–13
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall annually prepare a report on the activities of the States carried out pursuant to this part. Such report may include any recommendations of the Secretary for appropriate administrative and legislative initiatives. The report shall be submitted to the Congress through inclusion in the comprehensive report required in section 300cc(a) 11 See References in Text note below. of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300ee
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A State may use amounts provided under grants made under [section 300ff–21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-21&num=0&edition=prelim) for—
(1) core medical services described in subsection (b);
(2) support services described in subsection (c); and
(3) administrative expenses described in [section 300ff–28(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff–28/b/3&num=0&edition=prelim).
**(b) Required funding for core medical services**
(1) **In general** — With respect to a grant under [section 300ff–21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-21&num=0&edition=prelim) for a State for a grant year, the State shall, of the portion of the grant remaining after reserving amounts for purposes of subparagraphs (A) and (E)(ii)(I) of [section 300ff–28(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff–28/b/3&num=0&edition=prelim), use not less than 75 percent to provide core medical services that are needed in the State for individuals with HIV/AIDS who are identified and eligible under this subchapter (including services regarding the co-occurring conditions of the individuals).
(2) **Waiver**
(A) *In general* — The Secretary shall waive the application of paragraph (1) with respect to a State for a grant year if the Secretary determines that, within the State—
(i) there are no waiting lists for AIDS Drug Assistance Program services under [section 300ff–26 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-26&num=0&edition=prelim); and
(ii) core medical services are available
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300ff–24
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Federal law — U.S. Code and appendices · legal_authorities
A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not rescind such plan or coverage with respect to an enrollee once the enrollee is covered under such plan or coverage involved, except that this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage. Such plan or coverage may not be cancelled except with prior notice to the enrollee, and only as permitted under section 300gg–2(b) 11 See References in Text note below. or 300gg–42(b) of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300gg–12
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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 121
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 238l
changes and insurance generally transferred to Com-
mittee on Financial Services of House of Representa-
tives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–183, title VII, § 701, Dec. 14, 1993, 107 Stat.
2239, provided that the amendment made by that sec-
tion is effective Oct. 1, 1994.
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.
§ 238k. Contract authority
The authority of the Secretary to enter into
contracts under this chapter shall be effective
for any fiscal year only to such extent or in such
amounts as are provided in advance by appro-
priation Acts.
(July 1, 1944, ch. 373, title II, § 242, formerly title
V, § 514, as added Pub. L. 95–623, § 11(e), Nov. 9,
1978, 92 Stat. 3456; renumbered title XXI, § 2114,
Pub. L. 98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176;
renumbered title XXIII, § 2314, Pub. L. 99–660,
title III, § 311(a), Nov. 14, 1986, 100 Stat. 3755; re-
numbered title XXV, § 2512, Pub. L. 100–607, title
II, § 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; re-
numbered title XXVI, § 2612, Pub. L. 100–690, title
II, § 2620(a), Nov. 18, 1988, 102 Stat. 4244; renum-
bered title XXVII, § 2712, Pub. L. 101–381, title I,
§ 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renum-
bered title II, § 242, Pub. L. 103–43, title XX,
§ 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 300aaa–11
of this title prior to renumbering by Pub. L. 103–43, to
section 300cc–13 of this title prior to renumbering by
Pub. L. 100–607, to sec
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 238k
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