42 U.S.C. § 239f — Administration

Page 130 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 239f 2 So in original. 1 So in original. Probably should be ‘‘part’’. (3) Limitations (A) In general No benefit is payable under paragraph (1) with respect to the death of an eligible indi- vidual if— (i) a disability benefit is paid with re- spect to such individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omni- bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.); 1 or (ii) a death benefit is paid or payable with respect to such individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.).1 (B) Exception in the case of a limitation on appropriations for disability benefits under PSOB In the event that disability benefits avail- able to an eligible individual under the Pub- lic Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) 1 are reduced because of a limitation on appropriations, and such reduction would affect the amount that would be payable under subparagraph (A) without regard to this subparagraph, bene- fits shall be available under paragraph (1) to the extent necessary to ensure that the sur- vivor or survivors of such individual receives a total amount equal to the amount de- scribed in paragraph (2). (b) Election in case of dependents (1) In general In the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, if the individual had one or more dependents under the age of 18, the legal guardian of the dependents may, in lieu of the death benefit under subsection (a), elect to receive on behalf of the aggregate of such dependents payments in accordance with this subsection. An election under the preceding sentence is effective in lieu of a re- quest under subsection (a) by an individual who is not the legal guardian of such depend- ents. (2) Amount of payments Payments under paragraph (1) with respect to an eligible individual described in such paragraph shall be made as if such individual were an eligible individual to whom compensa- tion would be paid under subsection (a) of sec- tion 239d of this title, with the rate augmented in accordance with subsection (b)(2) of such section and with such individual considered to be an eligible individual described in sub- section (c)(3)(B) of such section. (3) Limitations (A) Age of dependents No payments may be made under para- graph (1) once the youngest of the depend- ents involved reaches the age of 18. (B) Benefits secondary to other coverage (i) In general Any payment under paragraph (1) shall be secondary to the obligation of the United States or any third party (includ- ing any State or local governmental enti- ty, private insurance carrier, or employer), under any other law or contractual agree- ment, to pay compensation for loss of em- ployment income or to provide disability benefits, retirement benefits, life insur- ance benefits on behalf of dependents under the age of 18, or death benefits. (ii) Relation to other obligations Payments under paragraph (1) shall not be made to with respect to 2 an eligible in- dividual to the extent that the total of amounts paid with respect to the indi- vidual under such paragraph and under the other obligations referred to in clause (i) is an amount that exceeds the rate of pay- ment that applies under paragraph (2). If under any such other obligation a lump- sum payment is made, such payment shall, for purposes of this subparagraph, be deemed to be received over multiple years rather than received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years. (c) Benefit in addition to medical benefits A benefit under subsection (a) or (b) shall be in addition to any amounts received by an eligible individual under section 239c of this title. (July 1, 1944, ch. 373, title II, § 266, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 643.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a)(1), (2)(A), (3), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Subpart 1 of part L of title I of the Act was classified generally to part A (§ 3796 et seq.) of subchapter XII of chapter 46 of this title prior to editorial reclassification and renumbering as part A (§ 10281 et seq.) of subchapter XI of chapter 101 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of Title 34 and Tables. § 239f. Administration (a) Administration by agreement with other agency or agencies The Secretary may administer any or all of the provisions of this part through Memo- randum of Agreement with the head of any ap- propriate Federal agency. (b) Regulations The head of the agency administering this part or provisions thereof (including any agency head administering such Act 1 or provisions through a Memorandum of Agreement under subsection (a)) may promulgate such imple- Page 131 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 239l–1 menting regulations as may be found necessary and appropriate. Initial implementing regula- tions may be interim final regulations. (July 1, 1944, ch. 373, title II, § 267, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 645.) § 239g. Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2007, to remain available until expended, including administrative costs and costs of provision and payment of benefits. The Secretary’s payment of any benefit under section 239c, 239d, or 239e of this title shall be subject to the availability of appropriations under this section. (July 1, 1944, ch. 373, title II, § 268, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 645.) § 239h. Relationship to other laws Except as explicitly provided herein, nothing in this part shall be construed to override or limit any rights an individual may have to seek compensation, benefits, or redress under any other provision of Federal or State law. (July 1, 1944, ch. 373, title II, § 269, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 645.) PART D—UNITED STATES PUBLIC HEALTH SCIENCES TRACK § 239l. Establishment (a) United States Public Health Services Track (1) In general There is hereby authorized to be established a United States Public Health Sciences Track (referred to in this part as the ‘‘Track’’), at sites to be selected by the Secretary, with au- thority to grant appropriate advanced degrees in a manner that uniquely emphasizes team- based service, public health, epidemiology, and emergency preparedness and response. It shall be so organized as to graduate not less than— (A) 150 medical students annually, 10 of whom shall be awarded studentships to the Uniformed Services University of Health Sciences; (B) 100 dental students annually; (C) 250 nursing students annually; (D) 100 public health students annually; (E) 100 behavioral and mental health pro- fessional students annually; (F) 100 physician assistant or nurse practi- tioner students annually; and (G) 50 pharmacy students annually. (2) Locations The Track shall be located at existing and accredited, affiliated health professions edu- cation training programs at academic health centers located in regions of the United States determined appropriate by the Surgeon Gen- eral, in consultation with the National Health Care Workforce Commission established in section 294q of this title. (b) Number of graduates Except as provided in subsection (a), the num- ber of persons to be graduated from the Track shall be prescribed by the Secretary. In so pre- scribing the number of persons to be graduated from the Track, the Secretary shall institute ac- tions necessary to ensure the maximum number of first-year enrollments in the Track consistent with the academic capacity of the affiliated sites and the needs of the United States for med- ical, dental, and nursing personnel. (c) Development The development of the Track may be by such phases as the Secretary may prescribe subject to the requirements of subsection (a). (d) Integrated longitudinal plan The Surgeon General shall develop an inte- grated longitudinal plan for health professions continuing education throughout the continuum of health-related education, training, and prac- tice. Training under such plan shall emphasize patient-centered, interdisciplinary, and care co- ordination skills. Experience with deployment of emergency response teams shall be included during the clinical experiences. (e) Faculty development The Surgeon General shall develop faculty de- velopment programs and curricula in decentral- ized venues of health care, to balance urban, ter- tiary, and inpatient venues. (July 1, 1944, ch. 373, title II, § 271, as added Pub. L. 111–148, title V, § 5315, Mar. 23, 2010, 124 Stat. 637.) § 239l–1. Administration (a) In general The business of the Track shall be conducted by the Surgeon General with funds appropriated for and provided by the Department of Health and Human Services. The National Health Care Workforce Commission shall assist the Surgeon General in an advisory capacity. (b) Faculty (1) In general The Surgeon General, after considering the recommendations of the National Health Care Workforce Commission, shall obtain the serv- ices of such professors, instructors, and admin- istrative and other employees as may be nec- essary to operate the Track, but utilize when possible, existing affiliated health professions training institutions. Members of the faculty and staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary so as to place the employees of the Track faculty on a comparable basis with the employees of fully accredited schools of the health profes- sions within the United States. (2) Titles The Surgeon General may confer academic titles, as appropriate, upon the members of the faculty. (3) Nonapplication of provisions The limitations in section 5373 of title 5 shall not apply to the authority of the Sur- geon General under paragraph (1) to prescribe salary schedules and other related benefits. (c) Agreements The Surgeon General may negotiate agree- ments with agencies of the Federal Government