42 U.S.C. § 202 — Administration and supervision of Service

Page 53 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 202 experiments, and demonstrations relating to the cause, diagnosis, and treatment of psychiatric disorders; as- sisting and fostering such research activities by public and private agencies, and promoting the coordination of all such researches and activities and the useful ap- plication of their results; training personnel in matters relating to mental health; and developing, and assist- ing States in the use of, the most effective methods of prevention, diagnosis, and treatment of psychiatric dis- orders.’’ EXISTING POSITIONS, PROCEDURES, REGULATIONS, FUNDS, APPROPRIATIONS, AND PROPERTY Act July 1, 1944, ch. 373, title XIII, §§ 1301–1303, for- merly title VI, §§ 601–603, 58 Stat. 711, 712, as renum- bered by acts Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049; July 30, 1956, ch. 779, § 3(b), 70 Stat. 720; Pub. L. 88–581, § 4(b), Sept. 3, 1964, 78 Stat. 919; Pub. L. 89–239, § 3(b), Oct. 6, 1965, 79 Stat. 931; Pub. L. 91–572, § 6(b), Dec. 24, 1970, 84 Stat. 1506; Pub. L. 92–294, § 3(b), May 16, 1972, 86 Stat. 137; Pub. L. 93–154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, related to the effect of this chapter on existing po- sitions, procedures, regulations, funds, appropriations, and property, and was repealed by Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat. 936. APPROPRIATIONS FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES Act July 1, 1944, title XIII, § 1304, formerly title VI, § 604, 58 Stat. 712, as renumbered by acts Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049; July 30, 1956, ch. 779, § 3(b), 70 Stat. 720; Pub. L. 88–581, § 4(b), Sept. 4, 1964, 78 Stat. 919; Pub. L. 89–239, § 3(b), Oct. 6, 1965, 79 Stat. 931; Pub. L. 91–572, § 6(b), Dec. 24, 1970, 84 Stat. 1506; Pub. L. 92–294, § 3(b), May 16, 1972, 86 Stat. 137; Pub. L. 93–154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, authorized annual appropria- tions during World War II and during period of demobi- lization to conduct health and sanitation activities in military, naval, or industrial areas, and was repealed by Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat. 936. Joint Res. July 25, 1947, ch. 327, § 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, § 601, June 30, 1970, 84 Stat. 353, as amended Pub. L. 93–45, title IV, § 401(a), June 18, 1973, 87 Stat. 95; Pub. L. 93–352, title I, § 113, July 23, 1974, 88 Stat. 360, provided that: ‘‘Notwithstanding any other provision of law, unless enacted after the enact- ment 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 ap- propriations are authorized by the Public Health Serv- ice Act (Public Law 410, Seventy-eighth Congress, as amended) [42 U.S.C. 201 et seq.] or the Mental Retarda- tion Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88–164, as amend- ed) [former 42 U.S.C. 2689 et seq., 6001 et seq.] shall re- main available for obligation and expenditure until the end of such fiscal year.’’ FEDERAL ACCOUNTABILITY Pub. L. 102–321, title II, § 203(b), July 10, 1992, 106 Stat. 410, provided that: ‘‘Any rule or regulation of the De- partment of Health and Human Services that is incon- sistent with the amendments made by this Act [see Ta- bles for classification] shall not have any legal effect, including section 50(e) of part 96 of title 45, Code of Fed- eral Regulations (45 CFR 96.50(e)).’’ HAZARDOUS SUBSTANCES Federal Hazardous Substances Act as not modifying this chapter, see Pub. L. 86–613, § 18, July 12, 1960, 74 Stat. 380, set out as a note under section 1261 of Title 15, Commerce and Trade. DEFINITION OF ‘‘SECRETARY’’ Pub. L. 90–574, title V, § 507, Oct. 15, 1968, 82 Stat. 1013, as amended by Pub. L. 96–88, title V, § 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, re- pealing section 3442 of this title, and enacting provi- sions 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’ Ben- efits], the term ‘Secretary’ means the Secretary of Health and Human Services.’’ Pub. L. 90–174, § 15, Dec. 5, 1967, 81 Stat. 542, as amend- ed by Pub. L. 96–88, title V, § 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.’’ Executive Documents CHANGE OF NAME Coast and Geodetic Survey consolidated with Weath- er Bureau to form a new agency in Department of Com- merce 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 Em- ployees. 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 redesig- nated Commissioned Officer Corps of ESSA as Commis- sioned Officer Corps of NOAA. For further details, see Transfer of Functions note set out under section 851 of Title 33, Navigation and Navigable Waters. TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees 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. 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 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. EXECUTIVE ORDER NO. 13507 Ex. Ord. No. 13507, Apr. 8, 2009, 74 F.R. 17071, which es- tablished the White House Office of Health Reform, was revoked by Ex. Ord. No. 13569, § 6, Apr. 5, 2011, 76 F.R. 19891, set out as a note preceding section 101 of Title 3, The President. PART A—ADMINISTRATION § 202. Administration and supervision of Service The Public Health Service in the Department of Health and Human Services shall be adminis- Page 54 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 202 tered by the Assistant Secretary for Health under the supervision and direction of the Sec- retary. (July 1, 1944, ch. 373, title II, § 201, 58 Stat. 683; 1953 Reorg. Plan No. 1, §§ 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 103–43, title XX, § 2008(f), June 10, 1993, 107 Stat. 212.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–43 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’ and ‘‘Assistant Secretary for Health’’ for ‘‘Surgeon Gen- eral’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ and ‘‘De- partment of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education, and Wel- fare’’ and ‘‘Department of Health, Education, and Wel- fare’’, respectively, pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Executive Documents TRANSFER OF FUNCTIONS 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 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. 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 Sen- ate and the House of Representatives in Congress as- sembled, April 25, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amend- ed [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 Sec- retary 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 vest- ed 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 pro- visions 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 of- ficer, employee, or agency of the Public Health Service or of the Department of Health, Education, and Wel- fare. SEC. 3. ABOLITIONS (a) The following agencies of the Public Health Serv- ice are hereby abolished: (1) The Bureau of Medical Services, including the of- fice 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 Sur- geon 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 De- partment of Health, Education, and Welfare of any of the records, property, personnel and unexpended bal- ances (available or to be made available) of appropria- tions, allocations, and other funds of the Department which relate to functions affected by this reorganiza- tion plan. [The Secretary and Department of Health, Education, and Welfare were redesignated the Secretary and De- partment 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 reorganiza- tion of health functions of the Department of Health, Education, and Welfare. I Today we face new challenges and unparalleled op- portunities 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 un- ceasingly pursue our research and learning, our train- ing 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 eco- nomic 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 Ameri- cans a structure modern in design, more efficient in op- eration and better prepared to meet the great and growing needs of the future. Through such improve- ments 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 be- lief that modernization and reorganization of the Pub- lic Health Service are urgently required and long over- due. 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. Page 55 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 202 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 ex- panding programs be administered through an organi- zational structure established by law more than two decades ago stands as a major obstacle to the fulfill- ment 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 ad- ministrative arrangements for health research, pro- grams of State and local aid, health services, and exec- utive 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 ap- proaches. 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 func- tions. 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 dis- tribution of drugs, carried out through the Food and Drug Administration; and Grants-in-aid to States for vocational rehabilita- tion of the handicapped, administered by the Voca- tional 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 Depart- ment’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 Sec- retary. This diffusion of responsibility is unsound and un- wise. To secure the highest possible level of health services for the American people the Secretary of Health, Edu- cation, and Welfare must be given the authority to es- tablish—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 reorganiza- tion 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 organiza- tion 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 Gen- eral of the Public Health Service and in its various subordinate units (this transfer will not affect cer- tain 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 enti- ties of the Public Health Service and to other agen- cies 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 eco- nomically as possible; Given authority commensurate with his responsi- bility; 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 reorga- nization included in the accompanying reorganization plan is necessary to accomplish one or more of the pur- poses set forth in section 2(a) of the Reorganization Act of 1949, as amended. Should the reorganizations in the accompanying re- organization plan take effect, they will make possible more effective and efficient administration of the af- fected 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 re- organization plan to become effective. LYNDON B. JOHNSON. THE WHITE HOUSE, April 25, 1966. INTERNATIONAL HEALTH ADMINISTRATION Ex. Ord. No. 10399, Sept. 27, 1952, 17 F.R. 8648, des- ignated Surgeon General to perform certain duties under International Sanitary Regulations of World Health Organization. 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 Presi- dent of the United States, it is ordered as follows: SECTION 1. The Secretary of Health and Human Serv- ices is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the following-described functions vested in Page 56 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 203 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. the President under the Public Health Service Act (58 Stat. 682), as amended [42 U.S.C. 201 et seq.]: (a) The authority under Section 203 (42 U.S.C. 204): to appoint commissioned officers of the Reserve Corps [now Ready 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 con- cerned. (d) The authority under Section 210(a), (k), and (l) (42 U.S.C. 211(a), (k), and (l)) to make or terminate tem- porary promotions of commissioned officers of the Reg- ular 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 suit- able sites for and the establishment of additional insti- tutions, 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 amend- ed (42 U.S.C. 204 and 209(a)(2)), or otherwise, of accept- ing voluntary resignations of commissioned officers of the Regular Corps or the Reserve Corps [now Ready Re- serve Corps]. SEC. 3. The Secretary of Health and Human Services is hereby authorized and empowered, without the ap- proval, ratification, or other action of the President, to exercise the authority vested in the President by Sec- tion 704 of Title 37 of the United States Code to pre- scribe 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, re- main in effect until amended, modified, or revoked pur- suant 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 em- ployees of the Public Health Service, are hereby re- voked. 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. § 203. Organization of Service 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 as- sign 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 per- sonnel in such manner as he may find necessary for efficient operation of the Service. No divi- sion shall be established, abolished, or trans- ferred, and no divisions shall be consolidated, except with the approval of the Secretary. The National Institutes of Health shall be adminis- tered as a part of the field service. The Sec- retary may delegate to any officer or employee of the Service such of his powers and duties under this chapter, except the making of regula- tions, as he may deem necessary or expedient. (July 1, 1944, ch. 373, title II, § 202, 58 Stat. 683; June 16, 1948, ch. 481, § 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 103–43, title XX, § 2008(g), June 10, 1993, 107 Stat. 212; Pub. L. 106–129, § 2(b)(2), Dec. 6, 1999, 113 Stat. 1670.) Editorial Notes 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, § 2008(g)(2), inserted ‘‘, and the Agency for Health Care Policy and Research’’ in first sentence. Pub. L. 103–43, § 2008(g)(1), which directed the amend- ment 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 un- changed ‘‘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 Insti- tutes of Health’’ for ‘‘National Institute of Health’’ in cl. (2). 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. Executive Documents TRANSFER OF FUNCTIONS Bureau of Medical Services, Bureau of State Services, National Institutes of Health, excluding several re-