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42 U.S.C. § 242b — General authority respecting research,

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42 U.S.C. § 242b — General authority respecting research,

Page 142 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242a 1 See References in Text note below. 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. § 242a. Repealed. Pub. L. 106–310, div. B, title XXXII, § 3201(b)(1), Oct. 17, 2000, 114 Stat. 1190 Section, act July 1, 1944, ch. 373, title III, § 303, as added July 3, 1946, ch. 538, § 7(c), 60 Stat. 423; amended Aug. 2, 1956, ch. 871, title V, § 501, 70 Stat. 929; Pub. L. 91–513, title I, § 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 93–282, title I, § 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93–348, title I, § 104(a)(2), July 12, 1974, 88 Stat. 346; Pub. L. 95–633, title I, § 108(b), Nov. 10, 1978, 92 Stat. 3773; Pub. L. 96–398, title VIII, § 803(a), Oct. 7, 1980, 94 Stat. 1607; Pub. L. 100–177, title II, § 202(a), Dec. 1, 1987, 101 Stat. 996; Pub. L. 100–607, title I, § 163(1)(A), Nov. 4, 1988, 102 Stat. 3062; Pub. L. 100–690, title II, § 2058(b), Nov. 18, 1988, 102 Stat. 4214; Pub. L. 101–597, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3035; Pub. L. 102–321, title I, § 115(b), July 10, 1992, 106 Stat. 348; Pub. L. 102–408, title III, § 305, Oct. 13, 1992, 106 Stat. 2084; Pub. L. 105–392, title IV, § 403, Nov. 13, 1998, 112 Stat. 3588, related to mental health. § 242b. General authority respecting research, evaluations, and demonstrations in health statistics, health services, and health care technology (a) Scope of ac

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Page 142 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242a 1 See References in Text note below. 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. § 242a. Repealed. Pub. L. 106–310, div. B, title XXXII, § 3201(b)(1), Oct. 17, 2000, 114 Stat. 1190 Section, act July 1, 1944, ch. 373, title III, § 303, as added July 3, 1946, ch. 538, § 7(c), 60 Stat. 423; amended Aug. 2, 1956, ch. 871, title V, § 501, 70 Stat. 929; Pub. L. 91–513, title I, § 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 93–282, title I, § 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93–348, title I, § 104(a)(2), July 12, 1974, 88 Stat. 346; Pub. L. 95–633, title I, § 108(b), Nov. 10, 1978, 92 Stat. 3773; Pub. L. 96–398, title VIII, § 803(a), Oct. 7, 1980, 94 Stat. 1607; Pub. L. 100–177, title II, § 202(a), Dec. 1, 1987, 101 Stat. 996; Pub. L. 100–607, title I, § 163(1)(A), Nov. 4, 1988, 102 Stat. 3062; Pub. L. 100–690, title II, § 2058(b), Nov. 18, 1988, 102 Stat. 4214; Pub. L. 101–597, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3035; Pub. L. 102–321, title I, § 115(b), July 10, 1992, 106 Stat. 348; Pub. L. 102–408, title III, § 305, Oct. 13, 1992, 106 Stat. 2084; Pub. L. 105–392, title IV, § 403, Nov. 13, 1998, 112 Stat. 3588, related to mental health. § 242b. General authority respecting research, evaluations, and demonstrations in health statistics, health services, and health care technology (a) Scope of activities The Secretary may, through the Agency for Healthcare Research and Quality or the Na- tional Center for Health Statistics, or using Ruth L. Kirschstein National Research Service Awards or other appropriate authorities, under- take and support training programs to provide for an expanded and continuing supply of indi- viduals qualified to perform the research, eval- uation, and demonstration projects set forth in section 242k of this title and in subchapter VII. (b) Additional authority; scope of activities To implement subsection (a) and section 242k of this title, the Secretary may, in addition to any other authority which under other provi- sions of this chapter or any other law may be used by him to implement such subsection, do the following: (1) Utilize personnel and equipment, facili- ties, and other physical resources of the De- partment of Health and Human Services, per- mit appropriate (as determined by the Sec- retary) entities and individuals to utilize the physical resources of such Department, pro- vide technical assistance and advice, make grants to public and nonprofit private entities and individuals, and, when appropriate, enter into contracts with public and private entities and individuals. (2) Admit and treat at hospitals and other facilities of the Service persons not otherwise eligible for admission and treatment at such facilities. (3) Secure, from time to time and for such periods as the Secretary deems advisable but in accordance with section 3109 of title 5, the assistance and advice of consultants from the United States or abroad. The Secretary may for the purpose of carrying out the functions set forth in sections 242c,1 242k, and 242n 1 of this title, obtain (in accordance with section 3109 of title 5, but without regard to the limi- tation in such section on the number of days or the period of service) for each of the centers the services of not more than fifteen experts who have appropriate scientific or professional qualifications. (4) Acquire, construct, improve, repair, oper- ate, and maintain laboratory, research, and other necessary facilities and equipment, and such other real or personal property (including patents) as the Secretary deems necessary; and acquire, without regard to section 8141 of title 40, by lease or otherwise, through the Ad- ministrator of General Services, buildings or parts of buildings in the District of Columbia or communities located adjacent to the Dis- trict of Columbia. (c) Coordination of activities through units of Department (1) The Secretary shall coordinate all health services research, evaluations, and demonstra- tions, all health statistical and epidemiological activities, and all research, evaluations, and demonstrations respecting the assessment of health care technology undertaken and sup- ported through units of the Department of Health and Human Services. To the maximum extent feasible such coordination shall be car- ried out through the Agency for Healthcare Re- search and Quality and the National Center for Health Statistics. (2) The Secretary shall coordinate the health services research, evaluations, and demonstra- tions, the health statistical and (where appro- priate) epidemiological activities, and the re- search, evaluations, and demonstrations re- specting the assessment of health care tech- nology authorized by this chapter through the Agency for Healthcare Research and Quality and the National Center for Health Statistics. (July 1, 1944, ch. 373, title III, § 304, as added July 28, 1955, ch. 417, § 3, 69 Stat. 382; amended Aug. 2, 1956, ch. 871, title V, § 502, 70 Stat. 930; Pub. L. 90–174, § 3(a), Dec. 5, 1967, 81 Stat. 534; Pub. L. 91–296, title IV, § 401(b)(1)(A), June 30, 1970, 84 Stat. 352; Pub. L. 91–515, title II, §§ 201(a)–(c), 202, 203, Oct. 30, 1970, 84 Stat. 1301–1303; Pub. L. 93–45, title I, § 102, June 18, 1973, 87 Stat. 91; Pub. L. 93–353, title I, § 103, July 23, 1974, 88 Stat. 362; Pub. L. 95–623, §§ 3, 7, Nov. 9, 1978, 92 Stat. 3443, 3451; Pub. L. 96–32, § 5(a)–(c), July 10, 1979, 93 Stat. 82; Pub. L. 97–35, title IX, § 918, Aug. 13, 1981, 95 Stat. 565; Pub. L. 98–551, § 5(c), Oct. 30, 1984, 98 Stat. 2819; Pub. L. 101–239, title VI, § 6103(e)(1), Dec. 19, 1989, 103 Stat. 2205; Pub. L. 103–183, title V, § 501(b), Dec. 14, 1993, 107 Stat. 2237; Pub. L. 106–129, § 2(b)(2), Dec. 6, 1999, 113 Stat. 1670; Pub. L. 107–206, title I, § 804(c), Aug. 2, 2002, 116 Stat. 874.) Editorial Notes REFERENCES IN TEXT Sections 242c and 242n of this title, referred to in sub- sec. (b)(3), were repealed by Pub. L. 101–239, title VI, § 6103(d)(1), Dec. 19, 1989, 103 Stat. 2205. Page 143 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242b CODIFICATION In subsec. (b)(4), ‘‘section 8141 of title 40’’ substituted for ‘‘the Act of March 3, 1877 (40 U.S.C. 34)’’ on author- ity of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–206 substituted ‘‘Ruth L. Kirschstein National Research Service Awards’’ for ‘‘National Research Service Awards’’. 1999—Subsecs. (a), (c). Pub. L. 106–129 substituted ‘‘Agency for Healthcare Research and Quality’’ for ‘‘Agency for Health Care Policy and Research’’ wher- ever appearing. 1993—Subsec. (d). Pub. L. 103–183 struck out subsec. (d) which directed Secretary to conduct an ongoing study of present and projected future health costs of pollution and other environmental conditions resulting from human activity and to submit to Congress reports on the study. 1989—Subsec. (a). Pub. L. 101–239, § 6103(e)(1)(B), sub- stituted ‘‘the Agency for Health Care Policy and Re- search’’ for ‘‘the National Center for Health Services Research and Health Care Technology Assessment’’ and ‘‘in section 242k of this title and in subchapter VII’’ for ‘‘in sections 242c, 242k, and 242n of this title’’. Pub. L. 101–239, § 6103(e)(1)(A), redesignated par. (3) as entire subsec. (a) and struck out pars. (1) and (2) which required Secretary to conduct and support research, demonstrations, evaluations, and statistical and epide- miological activities for purpose of improving health services in the United States, and which specified types of activities Secretary was to emphasize in carrying out par. (1). Subsec. (b). Pub. L. 101–239, § 6103(e)(1)(C), substituted ‘‘subsection (a) and section 242k of this title’’ for ‘‘sub- section (a)’’. Subsec. (c)(1), (2). Pub. L. 101–239, § 6103(e)(1)(D), sub- stituted ‘‘the Agency for Health Care Policy and Re- search’’ for ‘‘the National Center for Health Services Research and Health Care Technology Assessment’’. 1984—Subsec. (a)(1). Pub. L. 98–551, § 5(c)(1), (2), sub- stituted ‘‘the National Center for Health Services Re- search and Health Care Technology Assessment and the National Center for Health Statistics’’ for ‘‘the Na- tional Center for Health Services Research, the Na- tional Center for Health Statistics, and the National Center for Health Care Technology’’. Subsec. (a)(3). Pub. L. 98–551, § 5(c)(1), (3), substituted ‘‘the National Center for Health Services Research and Health Care Technology Assessment or the National Center for Health Statistics’’ for ‘‘the National Center for Health Services Research, the National Center for Health Statistics, or the National Center for Health Care Technology’’. Subsec. (c)(1), (2). Pub. L. 98–551, § 5(c)(1), (2), sub- stituted ‘‘the National Center for Health Services Re- search and Health Care Technology Assessment and the National Center for Health Statistics’’ for ‘‘the Na- tional Center for Health Services Research, the Na- tional Center for Health Statistics, and the National Center for Health Care Technology’’. 1981—Subsec. (a)(3). Pub. L. 97–35, § 918(a), substituted ‘‘may’’ for ‘‘shall’’, ‘‘or the’’ for ‘‘and the’’, ‘‘or using’’ for ‘‘and using’’, and ‘‘or other’’ for ‘‘and other’’. Subsecs. (b)(1), (c)(1). Pub. L. 97–35, § 918(d)(1), sub- stituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Subsec. (d)(1). Pub. L. 97–35, § 918(b)(1), (2), substituted provisions relating to advice and assistance of the Na- tional Academy of Sciences, for provisions relating to joint authority of the National Academy of Sciences, and struck out definition of ‘‘Academy’’ as meaning the National Academy of Sciences. Subsec. (d)(3). Pub. L. 97–35, § 918(b)(3), (c), (d)(2), sub- stituted ‘‘every three years’’ for ‘‘every two years’’, and ‘‘Energy and’’ for ‘‘Interstate and Foreign’’, and struck out references to the Academy. 1979—Subsec. (b)(1), (3). Pub. L. 96–32, § 5(a), (b), amended directory language of Pub. L. 95–623, § 3(b), (d), and required no change in text. See 1978 Amendment note below. Subsec. (d). Pub. L. 96–32, § 5(c), substituted ‘‘(d)’’ for ‘‘(e)’’ as designation of subsection added by Pub. L. 95–623, § 7, thereby correcting the subsection designa- tion. 1978—Subsec. (a)(1). Pub. L. 95–623, § 3(a), substituted provision for the Secretary acting through the Na- tional Center for Health Care Technology for such ac- tion through other units of the Department of Health, Education, and Welfare and ‘‘conduct’’ for ‘‘under- take’’, included epidemiological activities, and de- clared as an objective the improvement of the effective- ness, efficiency, and quality of Federal health services. Subsec. (a)(2). Pub. L. 95–623, § 3(a), provided for em- phasis to demonstrations, evaluations, and epidemio- logical activities; redesignated as subpar. (A) former subpar. (C); struck out ‘‘technology’’ and ‘‘quality’’ after ‘‘organization,’’ and ‘‘utilization,’’, respectively, and end clause ‘‘including systems for the delivery of preventive, personal, and mental health care’’ and former subpar. (A) activities respecting ‘‘the deter- mination of an individual’s health’’; added subpars. (B) through (D); struck out former subpar. (D) activities respecting ‘‘individual and community knowledge of in- dividual health and the systems for the delivery of health care’’; added subpars. (E) through (I); and redes- ignated as subpar. (J) former subpar. (B). Subsec. (a)(3). Pub. L. 95–623, § 3(a), added par. (3). Subsec. (b)(1). Pub. L. 95–623, § 3(b), as amended by Pub. L. 96–32, § 5(a), substituted ‘‘, when appropriate, enter into contracts with public and private entities and individuals’’ for ‘‘enter into contracts with public and private entities and individuals, for (A) health services research, evaluation, and demonstrations, and (B) health services research and health statistics train- ing, and (C) health statistical activities’’. Subsec. (b)(3). Pub. L. 95–623, § 3(d), as amended by Pub. L. 96–32, § 5(b), substituted ‘‘advisable but in ac- cordance with section 3109 of title 5’’ for ‘‘advisable’’, struck out ‘‘experts and’’ before ‘‘consultants’’, and au- thorized the Secretary to obtain for the centers the services of experts with appropriate scientific or profes- sional qualifications. Subsec. (c). Pub. L. 95–623, § 3(c), designated existing text as par. (1), substituted ‘‘evaluations, and dem- onstrations, all health statistical and epidemiological activities, and all research, evaluations, and dem- onstrations respecting the assessment of health care technology’’ for ‘‘evaluation, demonstration, and health statistical activities’’ before ‘‘undertaken and supported’’, required coordination of activities to also be carried out through the National Center for Health Care Technology, and added par. (2). Subsec. (d). Pub. L. 95–623, § 7, as amended by Pub. L. 96–32, § 5(c), added subsec. (d). 1974—Pub. L. 93–353, in revising generally provisions of subsecs. (a) to (c), provided for general authority re- specting health statistics and health services research, evaluation, and demonstrations, subsec. (a) relating to scope of activities, subsec. (b) relating to additional au- thority and scope of activities, and subsec. (c) relating to coordination of activities through units of the De- partment. Former provisions related to research and demonstrations relating to health facilities and serv- ices, subsec. (a) relating to grants and contracts for projects for research, experiments, or demonstrations and related training, cost limitation, wage rates, labor standards, and other conditions, and payments (former subsec. (a)(2) and (3) now being covered by section 242m(h) and (e), respectively), subsec. (b) relating to systems analysis of national health care plans, and cost and coverage report on existing legislative proposals, and subsec. (c) relating to authorization of appropria- tions. 1973—Subsec. (c)(1). Pub. L. 93–45 authorized appro- priations of $42,617,000 for fiscal year ending June 30, 1974. Page 144 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242b 1970—Subsec. (a)(1). Pub. L. 91–515, §§ 201(a)(1), 203, re- designated subsec. (a) as (a)(1), substituted ‘‘(A)’’ and ‘‘(B)’’ for ‘‘(1)’’ and ‘‘(2)’’, and ‘‘(i) to (iii)’’ for ‘‘(A) to (C)’’, and added cls. (iv) and (v). Subsec. (a)(2). Pub. L. 91–515, § 201(a)(2), redesignated subsec. (b) as (a)(2), and substituted ‘‘subsection’’ for ‘‘section’’ wherever appearing. Subsec. (a)(3). Pub. L. 91–515, §§ 201(a)(3), 202, redesig- nated subsec. (c) as (a)(3)(A), substituted ‘‘subsection’’ for ‘‘section’’ wherever appearing, and added subsec. (a)(3)(B). Subsec. (b). Pub. L. 91–515, § 201(a)(2)(A), (b), added subsec. (b). Former subsec. (b) redesignated (a)(2). Subsecs. (c), (d). Pub. L. 91–515, §§ 201(a)(3)(A), (c), 202(1), redesignated subsec. (d) as (c), and substituted provisions authorizing appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, and authorizing to be appropriated such additional sums for each fiscal year as may be necessary to carry out the provisions of subsec. (b), for provisions author- izing appropriations of $20,000,000 for the fiscal year ending June 30, 1968, $40,000,000 for the fiscal year end- ing June 30, 1969, and $60,000,000 for the fiscal year end- ing June 30, 1970. Former subsec. (c) redesignated (a)(3)(A). Pub. L. 91–296 struck out provisions authorizing use of appropriated funds for evaluation of program author- ized by this section. See section 229b of this title. 1967—Pub. L. 90–174 substituted provisions of subsecs. (a) to (d) for research and demonstrations relating to health facilities (incorporated from former section 291n of this title) for provisions of former subsecs. (a) to (d) for mental health study including grants for special projects, conditions thereof, and definition of ‘‘organi- zation’’, authorization of appropriations, terms of grant, availability of amounts otherwise appropriated and noninterference with research and study programs of the National Institute of Mental Health, and accept- ance of additional financial support. 1956—Act Aug. 2, 1956, changed heading of section 304 of act July 1, 1944 from ‘‘Grants for special projects in mental health’’ to ‘‘Mental health study grants’’. Sec- tion heading has been changed for purposes of codifica- tion. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE OF 1970 AMENDMENTS Pub. L. 91–515, title II, § 201(d), Oct. 30, 1970, 84 Stat. 1303, provided that: ‘‘The amendments made by sub- section (c) of this section [amending this section] shall be effective only with respect to fiscal years ending after June 30, 1970.’’ Pub. L. 91–296, title IV, § 401(b)(1), June 30, 1970, 84 Stat. 352, provided that the amendment made by that section is effective with respect to appropriations for fiscal years beginning after June 30, 1970. EFFECTIVE DATE OF 1956 AMENDMENT Amendment of section by act Aug. 2, 1956, effective July 1, 1956, see section 503 of act Aug. 2, 1956. COMMISSION ON SYSTEMIC INTEROPERABILITY Pub. L. 108–173, title X, § 1012, Dec. 8, 2003, 117 Stat. 2435, directed the Secretary of Health and Human Serv- ices to establish a commission to be known as the ‘‘Commission on Systemic Interoperability’’, which would develop a comprehensive strategy for the adop- tion and implementation of health care information technology standards, and which would terminate 30 days after submitting a report, not later than Oct. 31, 2005, to the Secretary and to Congress, describing the strategy developed. MODEL STANDARDS WITH RESPECT TO PREVENTIVE HEALTH SERVICES IN COMMUNITIES Pub. L. 95–83, title III, § 314, Aug. 1, 1977, 91 Stat. 398, required the Secretary of Health, Education, and Wel- fare, within two years of Aug. 1, 1977, to establish model standards with respect to preventive health serv- ices in communities and report such standards to Con- gress. TRANSFER OF EQUIPMENT Pub. L. 94–573, § 15, Oct. 21, 1976, 90 Stat. 2719, provided that notwithstanding any other provision of law, the Secretary of Health, Education, and Welfare could vest title to equipment purchased with funds under the seven contracts for emergency medical services dem- onstration projects entered into in 1972 and 1973 under this section (as in effect at the time the contracts were entered into), and by contractors with the United States under such contracts or subcontractors under such contracts, in such contractors or subcontractors without further obligation to the Government or on such terms as the Secretary considered appropriate. CONGRESSIONAL DECLARATION OF PURPOSE Joint Res. July 28, 1955, ch. 417, § 2, 69 Stat. 382, pro- vided a Congressional statement of the critical need for an analysis and reevaluation of the human and eco- nomic problems of mental illness and of the resources, methods, and practices utilized in diagnosing, treating, caring for, and rehabilitating the mentally ill, both within and outside of institutions, as might lead to the development of recommendations for such better utili- zation of those resources or such improvements on and new developments in methods of diagnosis, treatment, care, and rehabilitation as give promise of resulting in a marked reduction in the incidence or duration of mental illness and, in consequence, a lessening of the appalling emotional and financial drain on the families of those afflicted or on the economic resources of the States and of the Nation and a declaration of the policy to promote mental health and to help solve the com- plex and the interrelated problems posed by mental ill- ness by encouraging the undertaking of nongovern- mental, multidisciplinary research into and reevalua- tion of all aspects of our resources, methods, and prac- tices for diagnosing, treating, caring for, and rehabili- tating the mentally ill, including research aimed at the prevention of mental illness. CHILDREN’S EMOTIONAL ILLNESS STUDY; PROGRAM GRANTS; CONDITIONS; DEFINITIONS; APPROPRIATIONS; TERMS OF GRANT Pub. L. 89–97, title II, § 231, July 30, 1965, 79 Stat. 360, as amended by Pub. L. 90–248, title III, § 305, Jan. 2, 1968, 81 Stat. 929, authorized the Secretary of Health, Edu- cation, and Welfare upon the recommendation of the National Advisory Mental Health Council and after se- curing the advice of experts in pediatrics and child wel- fare, to make grants to organizations on certain condi- tions for carrying out a program of research into and study of resources, methods, and practices for diag- nosing or preventing emotional illness in children and of treating, caring for, and rehabilitating children with emotional illnesses, defined ‘‘organization’’, and au- thorized appropriations for the making of such grants for fiscal years ending June 30, 1966, and June 30, 1967, with such research and study to be completed not later than three years from the date it was inaugurated. 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- Page 145 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242c 1 So in original. Probably should be followed by ‘‘and’’. 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. § 242c. Appointment and authority of the Direc- tor of the Centers for Disease Control and Prevention (a) In general The Centers for Disease Control and Preven- tion (referred to in this section as the ‘‘CDC’’) shall be headed by the Director of the Centers for Disease Control and Prevention (referred to in this section as the ‘‘Director’’), who shall be appointed by the President, by and with the ad- vice and consent of the Senate. Such individual shall also serve as the Administrator of the Agency for Toxic Substances and Disease Reg- istry consistent with section 9604(i) of this title. The Director shall perform functions provided for in subsection (b) and such other functions as the Secretary may prescribe. (b) Functions The Secretary, acting through the Director, shall— (1) implement and exercise applicable au- thorities and responsibilities provided for in this chapter or other applicable law related to the investigation, detection, identification, prevention, or control of diseases or condi- tions to preserve and improve public health domestically and globally and address injuries and occupational and environmental hazards, as appropriate; (2) be responsible for the overall direction of the CDC and for the establishment and imple- mentation of policies related to the manage- ment and operation of programs and activities within the CDC; (3) coordinate and oversee the operation of centers, institutes, and offices within the CDC; (4) support, in consultation with the heads of such centers, institutes, and offices, program coordination across such centers, institutes, and offices, including through priority setting reviews and the development of strategic plans, to reduce unnecessary duplication and encourage collaboration between programs; (5) oversee the development, implementa- tion, and updating of the strategic plan estab- lished pursuant to subsection (c); (6) ensure that appropriate strategic plan- ning, including the use of performance metrics, is conducted by such centers, insti- tutes, and offices to facilitate and improve CDC programs and activities; 1 (7) communicate, including through con- vening annual meetings, with public and pri- vate entities regarding relevant public health programs and activities, and, as applicable, the strategic plan established pursuant to sub- section (c). (c) Strategic plan (1) In general Not later than 1 year after December 29, 2022, and at least every 4 years thereafter, the Director shall develop and submit to the Com- mittee on Health, Education, Labor, and Pen- sions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropria- tions of the House of Representatives, and post on the website of the CDC, a coordinated strat- egy to provide strategic direction and facili- tate collaboration across the centers, insti- tutes, and offices within the CDC. Such strat- egy shall be known as the ‘‘CDC Strategic Plan’’. (2) Requirements The CDC Strategic Plan shall— (A) identify strategic priorities and objec- tives related to— (i) preventing, reducing, and eliminating the spread of communicable and non- communicable diseases or conditions, and addressing injuries, and occupational and environmental hazards; (ii) supporting the efforts of State, local, and Tribal health departments to prevent and reduce the prevalence of the diseases or conditions under clause (i); (iii) containing, mitigating, and ending disease outbreaks; (iv) enhancing global and domestic pub- lic health capacity, capabilities, and pre- paredness, including public health data, surveillance, workforce, and laboratory ca- pacity and safety; and (v) other priorities, as established by the Director; (B) describe the capacity and capabilities necessary to achieve the priorities and ob- jectives under subparagraph (A), and progress towards achieving such capacity and capabilities, as appropriate; and (C) include a description of how the CDC Strategic Plan incorporates— (i) strategic communications; (ii) partnerships with private sector enti- ties, and State, local, and Tribal health de- partments, and other public sector enti- ties, as appropriate; and (iii) coordination with other agencies and offices of the Department of Health and Human Services and other Federal de- partments and agencies, as appropriate. (3) Use of plans Strategic plans developed and updated by the centers, institutes, and offices of the CDC shall be prepared regularly and in such a man- ner that such plans will be informed by the CDC Strategic Plan developed and updated under this subsection. (d) Appearances before Congress (1) In general Each fiscal year, the Director shall appear before the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives at hearings on topics such as— (A) support for State, local, and Tribal public health preparedness and responses to any recent or ongoing public health emer- gency, including—

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 242b — General authority respecting research, evaluations, and demonstrations in health statistics, health services, and health care technology

**(a) Scope of activities** The Secretary may, through the Agency for Healthcare Research and Quality or the National Center for Health Statistics, or using Ruth L. Kirschstein National Research Service Awards or other appropriate authorities, undertake and support training programs to provide for an expanded and continuing supply of individuals qualified to perform the research, evaluation, and demonstration projects set forth in [section 242k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section242k&num=0&edition=prelim) and in subchapter VII. **(b) Additional authority; scope of activities** To implement subsection (a) and [section 242k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section242k&num=0&edition=prelim), the Secretary may, in addition to any other authority which under other provisions of this chapter or any other law may be used by him to implement such subsection, do the following: (1) Utilize personnel and equipment, facilities, and other physical resources of the Department of Health and Human Services, permit appropriate (as determined by the Secretary) entities and individuals to utilize the physical resources of such Department, provide technical assistance and advice, make grants to public and nonprofit private entities and individuals, and, when appropriate, enter into contracts with public and private entities and individuals. (2) Admit and treat at hospitals and other facilities of the Service persons not otherwise eligible for admission and treatment at such facilities. (3) Secure, from time to time and for such periods as the Secretary deems advisable but in accordance with [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 242b

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.