
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC241]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                   Part A--Research and Investigations
 
Sec. 241. Research and investigations generally


(a) Authority of Secretary

    The Secretary shall conduct in the Service, and encourage, cooperate 
with, and render assistance to other appropriate public authorities, 
scientific institutions, and scientists in the conduct of, and promote 
the coordination of, research, investigations, experiments, 
demonstrations, and studies relating to the causes, diagnosis, 
treatment, control, and prevention of physical and mental diseases and 
impairments of man, including water purification, sewage treatment, and 
pollution of lakes and streams. In carrying out the foregoing the 
Secretary is authorized to--
        (1) collect and make available through publications and other 
    appropriate means, information as to, and the practical application 
    of, such research and other activities;
        (2) make available research facilities of the Service to 
    appropriate public authorities, and to health officials and 
    scientists engaged in special study;
        (3) make grants-in-aid to universities, hospitals, laboratories, 
    and other public or private institutions, and to individuals for 
    such research projects as are recommended by the advisory council to 
    the entity of the Department supporting such projects and make, upon 
    recommendation of the advisory council to the appropriate entity of 
    the Department, grants-in-aid to public or nonprofit universities, 
    hospitals, laboratories, and other institutions for the general 
    support of their research;
        (4) secure from time to time and for such periods as he deems 
    advisable, the assistance and advice of experts, scholars, and 
    consultants from the United States or abroad;
        (5) for purposes of study, admit and treat at institutions, 
    hospitals, and stations of the Service, persons not otherwise 
    eligible for such treatment;
        (6) make available, to health officials, scientists, and 
    appropriate public and other nonprofit institutions and 
    organizations, technical advice and assistance on the application of 
    statistical methods to experiments, studies, and surveys in health 
    and medical fields;
        (7) enter into contracts, including contracts for research in 
    accordance with and subject to the provisions of law applicable to 
    contracts entered into by the military departments under sections 
    2353 and 2354 of title 10, except that determination, approval, and 
    certification required thereby shall be by the Secretary of Health 
    and Human Services; and
        (8) adopt, upon recommendations of the advisory councils to the 
    appropriate entities of the Department or, with respect to mental 
    health, the National Advisory Mental Health Council, such additional 
    means as the Secretary considers necessary or appropriate to carry 
    out the purposes of this section.

The Secretary may make available to individuals and entities, for 
biomedical and behavioral research, substances and living organisms. 
Such substances and organisms shall be made available under such terms 
and conditions (including payment for them) as the Secretary determines 
appropriate.

(b) Testing for carcinogenicity, teratogenicity, mutagenicity, and other 
        harmful biological effects; consultation

    (1) The Secretary shall conduct and may support through grants and 
contracts studies and testing of substances for carcinogenicity, 
teratogenicity, mutagenicity, and other harmful biological effects. In 
carrying out this paragraph, the Secretary shall consult with entities 
of the Federal Government, outside of the Department of Health and Human 
Services, engaged in comparable activities. The Secretary, upon request 
of such an entity and under appropriate arrangements for the payment of 
expenses, may conduct for such entity studies and testing of substances 
for carcinogenicity, teratogenicity, mutagenicity, and other harmful 
biological effects.
    (2)(A) The Secretary shall establish a comprehensive program of 
research into the biological effects of low-level ionizing radiation 
under which program the Secretary shall conduct such research and may 
support such research by others through grants and contracts.
    (B) The Secretary shall conduct a comprehensive review of Federal 
programs of research on the biological effects of ionizing radiation.
    (3) The Secretary shall conduct and may support through grants and 
contracts research and studies on human nutrition, with particular 
emphasis on the role of nutrition in the prevention and treatment of 
disease and on the maintenance and promotion of health, and programs for 
the dissemination of information respecting human nutrition to health 
professionals and the public. In carrying out activities under this 
paragraph, the Secretary shall provide for the coordination of such of 
these activities as are performed by the different divisions within the 
Department of Health and Human Services and shall consult with entities 
of the Federal Government, outside of the Department of Health and Human 
Services, engaged in comparable activities. The Secretary, upon request 
of such an entity and under appropriate arrangements for the payment of 
expenses, may conduct and support such activities for such entity.
    (4) The Secretary shall publish a biennial report which contains--
        (A) a list of all substances (i) which either are known to be 
    carcinogens or may reasonably be anticipated to be carcinogens and 
    (ii) to which a significant number of persons residing in the United 
    States are exposed;
        (B) information concerning the nature of such exposure and the 
    estimated number of persons exposed to such substances;
        (C) a statement identifying (i) each substance contained in the 
    list under subparagraph (A) for which no effluent, ambient, or 
    exposure standard has been established by a Federal agency, and (ii) 
    for each effluent, ambient, or exposure standard established by a 
    Federal agency with respect to a substance contained in the list 
    under subparagraph (A), the extent to which, on the basis of 
    available medical, scientific, or other data, such standard, and the 
    implementation of such standard by the agency, decreases the risk to 
    public health from exposure to the substance; and
        (D) a description of (i) each request received during the year 
    involved--
            (I) from a Federal agency outside the Department of Health 
        and Human Services for the Secretary, or
            (II) from an entity within the Department of Health and 
        Human Services to any other entity within the Department,

    to conduct research into, or testing for, the carcinogenicity of 
    substances or to provide information described in clause (ii) of 
    subparagraph (C), and (ii) how the Secretary and each such other 
    entity, respectively, have responded to each such request.

    (5) The authority of the Secretary to enter into any contract for 
the conduct of any study, testing, program, research, or review, or 
assessment under this subsection shall be effective for any fiscal year 
only to such extent or in such amounts as are provided in advance in 
appropriation Acts.

(c) Diseases not significantly occurring in United States

    The Secretary may conduct biomedical research, directly or through 
grants or contracts, for the identification, control, treatment, and 
prevention of diseases (including tropical diseases) which do not occur 
to a significant extent in the United States.

(d) Protection of privacy of individuals who are research subjects

    The Secretary may authorize persons engaged in biomedical, 
behavioral, clinical, or other research (including research on mental 
health, including research on the use and effect of alcohol and other 
psychoactive drugs) to protect the privacy of individuals who are the 
subject of such research by withholding from all persons not connected 
with the conduct of such research the names or other identifying 
characteristics of such individuals. Persons so authorized to protect 
the privacy of such individuals may not be compelled in any Federal, 
State, or local civil, criminal, administrative, legislative, or other 
proceedings to identify such individuals.

(July 1, 1944, ch. 373, title III, Sec. 301, 58 Stat. 691; July 3, 1946, 
ch. 538, Sec. 7(a), (b), 60 Stat. 423; June 16, 1948, ch. 481, 
Sec. 4(e), (f), 62 Stat. 467; June 24, 1948, ch. 621, Sec. 4(e), (f), 62 
Stat. 601; June 25, 1948, ch. 654, Sec. 1, 62 Stat. 1017; July 3, 1956, 
ch. 510, Sec. 4, 70 Stat. 490; Pub. L. 86-798, Sept. 15, 1960, 74 Stat. 
1053; Pub. L. 87-838, Sec. 2, Oct. 17, 1962, 76 Stat. 1073; Pub. L. 89-
115, Sec. 3, Aug. 9, 1965, 79 Stat. 448; Pub. L. 90-174, Sec. 9, Dec. 5, 
1967, 81 Stat. 540; Pub. L. 91-513, title I, Sec. 3(a), Oct. 27, 1970, 
84 Stat. 1241; Pub. L. 91-515, title II, Sec. 292, Oct. 30, 1970, 84 
Stat. 1308; Pub. L. 92-218, Sec. 6(a)(2), Dec. 23, 1971, 85 Stat. 785; 
Pub. L. 92-423, Sec. 7(b), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-282, 
title I, Sec. 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93-348, title 
I, Sec. 104(a)(1), July 12, 1974, 88 Stat. 346; Pub. L. 93-352, title I, 
Sec. 111, July 23, 1974, 88 Stat. 360; Pub. L. 94-278, title I, 
Sec. 111, Apr. 22, 1976, 90 Stat. 405; Pub. L. 95-622, title II, 
Secs. 261, 262, Nov. 9, 1978, 92 Stat. 3434; Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 99-158, Sec. 3(a)(5), 
Nov. 20, 1985, 99 Stat. 879; Pub. L. 99-570, title IV, Sec. 4021(b)(2), 
Oct. 27, 1986, 100 Stat. 3207-124; Pub. L. 99-660, title I, Sec. 104, 
Nov. 14, 1986, 100 Stat. 3751; Pub. L. 100-607, title I, Sec. 163(1), 
(2), Nov. 4, 1988, 102 Stat. 3062; Pub. L. 103-43, title XX, Sec. 2009, 
June 10, 1993, 107 Stat. 213.)


                               Amendments

    1993--Subsec. (b)(4). Pub. L. 103-43 substituted ``a biennial 
report'' for ``an annual report'' in introductory provisions.
    1988--Subsec. (d). Pub. L. 100-607 redesignated concluding 
provisions of subsec. (a) of section 242a of this title as subsec. (d) 
of this section, substituted ``biomedical, behavioral, clinical, or 
other research (including research on mental health, including'' for 
``research on mental health, including'', and substituted ``drugs)'' for 
``drugs,''.
    1986--Subsec. (a)(3). Pub. L. 99-570 struck out ``or, in the case of 
mental health projects, by the National Advisory Mental Health 
Council;'' after ``Department supporting such projects'' and struck out 
``or the National Advisory Mental Health Council'' after ``appropriate 
entity of the Department''.
    Subsec. (c). Pub. L. 99-660 added subsec. (c).
    1985--Subsec. (a)(3). Pub. L. 99-158, Sec. 3(a)(5)(A), substituted 
``as are recommended by the advisory council to the entity of the 
Department supporting such projects or, in the case of mental health 
projects, by the National Advisory Mental Health Council; and make, upon 
recommendation of the advisory council to the appropriate entity of the 
Department or the National Advisory Mental Health Council, grants-in-aid 
to public or nonprofit universities, hospitals, laboratories, and other 
institutions for the general support of their research'' for ``as are 
recommended by the National Advisory Health Council, or, with respect to 
cancer, recommended by the National Cancer Advisory Board, or, with 
respect to mental health, recommended by the National Advisory Mental 
Health Council, or with respect to heart, blood vessel, lung, and blood 
diseases and blood resources, recommended by the National Heart, Lung, 
and Blood Advisory Council, or, with respect to dental diseases and 
conditions, recommended by the National Advisory Dental Research 
Council; and include in the grants for any such project grants of 
penicillin and other antibiotic compounds for use in such project; and 
make, upon recommendation of the National Advisory Health Council, 
grants-in-aid to public or nonprofit universities, hospitals, 
laboratories, and other institutions for the general support of their 
research: Provided, That such uniform percentage, not to exceed 15 per 
centum, as the Secretary may determine, of the amounts provided for 
grants for research projects for any fiscal year through the 
appropriations for the National Institutes of Health may be transferred 
from such appropriations to a separate account to be available for such 
research grants-in-aid for such fiscal year''.
    Subsec. (a)(8). Pub. L. 99-158, Sec. 3(a)(5)(B), substituted 
``recommendations of the advisory councils to the appropriate entities 
of the Department or, with respect to mental health, the National 
Advisory Mental Health Council, such additional means as the Secretary 
considers'' for ``recommendation of the National Advisory Health 
Council, or, with respect to cancer, upon recommendation of the National 
Cancer Advisory Board, or, with respect to mental health, upon 
recommendation of the National Advisory Mental Health Council, or, with 
respect to heart, blood vessel, lung, and blood diseases and blood 
resources, upon recommendation of the National Heart, Lung and Blood 
Advisory Council, or, with respect to dental diseases and conditions, 
upon recommendations of the National Advisory Dental Research Council, 
such additional means as he deems''.
    1978--Pub. L. 95-622 designated existing provisions as subsec. (a), 
redesignated former pars. (a) to (h) as (1) to (8), respectively, 
substituted ``Secretary'' for ``Surgeon General'' wherever appearing, 
and inserted following par. (8) provisions relating to authority of 
Secretary to make available to individuals and entities substances and 
living organisms, and added subsec. (b).
    1976--Subsecs. (c), (h). Pub. L. 94-278 substituted ``heart, blood 
vessel, lung, and blood diseases and blood resources'' for ``heart 
diseases'' and ``National Heart, Lung and Blood Advisory Council'' for 
``National Heart and Lung Advisory Council''.
    1974--Subsec. (c). Pub. L. 93-348, Sec. 104(a)(1), redesignated 
subsec. (d) as (c) and substituted ``research projects'' for ``research 
or research training projects'' in two places, ``general support of 
their research'' for ``general support of their research and research 
training programs'' and ``research grants-in-aid'' for ``research and 
research training program grants-in-aid''. Former subsec. (c), 
authorizing Surgeon General to establish and maintain research 
fellowships in the Public Health Service with such stipends and 
allowances, including traveling and subsistence expenses, as he may deem 
necessary to procure the assistance of the most brilliant and promising 
research fellows from the United States and abroad, was struck out.
    Subsec. (d). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsec. 
(e) as (d).
    Pub. L. 93-282 substituted ``mental health, including research on 
the use and effect of alcohol and other psychoactive drugs'' for ``the 
use and effect of drugs'' in former concluding provisions of section 
242a(a) of this title. See 1988 Amendment note above.
    Subsecs. (e), (f). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated 
subsecs. (f) and (g) as (e) and (f), respectively. Former subsec. (e) 
redesignated (d).
    Subsec. (g). Pub. L. 93-352 struck out ``during the fiscal year 
ending June 30, 1966, and each of the eight succeeding fiscal years'' 
after ``Enter into contracts''. Notwithstanding directory language that 
amendment be made to subsec. (h), the amendment was executed to subsec. 
(g) to reflect the probable intent of Congress and the intervening 
redesignation of subsec. (h) as (g) by Pub. L. 93-348.
    Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsec. (h) as (g). 
Former subsec. (g) redesignated (f).
    Subsecs. (h), (i). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated 
subsecs. (h) and (i) as (g) and (h), respectively.
    1972--Subsecs. (d), (i). Pub. L. 92-423 substituted ``National Heart 
and Lung Advisory Council'' for ``National Advisory Heart Council''.
    1971--Subsecs. (d), (i). Pub. L. 92-218 substituted ``National 
Cancer Advisory Board'' for ``National Advisory Cancer Council''.
    1970--Subsec. (d). Pub. L. 91-513 added subsec. (d). See 1988 
Amendment note above.
    Subsec. (h). Pub. L. 91-515 substituted ``eight'' for ``five'' 
succeeding fiscal years.
    1967--Subsec. (h). Pub. L. 90-174 substituted ``five'' for ``two'' 
succeeding fiscal years.
    1965--Subsecs. (h), (i). Pub. L. 89-115 added subsec. (h) and 
redesignated former subsec. (h) as (i).
    1962--Subsec. (d). Pub. L. 87-838 inserted ``or research training'' 
in two places.
    1960--Subsec. (d). Pub. L. 86-798 authorized the Surgeon General, 
upon recommendation of the National Advisory Health Council, to make 
grants to public or non-profit universities, hospitals, laboratories, 
and other institutions to support research and research training 
programs, and to make available for such research and research training 
programs, up to 15 per centum of amounts provided for research grants 
through the appropriations for the National Institutes of Health.
    1956--Subsecs. (g), (h). Act July 3, 1956, added subsec. (g) and 
redesignated former subsec. (g) as (h).
    1948--Subsec. (d). Acts June 16, 1948, Sec. 4(e), and June 24, 1948, 
Sec. 4(e), made provisions applicable to the National Advisory Heart 
Council and the National Advisory Dental Research Council, respectively.
    Subsec. (d). Act June 25, 1948, continued in basic legislation the 
authority to purchase penicillin and other antibiotic compounds for use 
in research projects.
    Subsec. (g). Acts June 16, 1948, Sec. 4(f), and June 24, 1948, 
Sec. 4(f), made provisions applicable to the National Advisory Heart 
Council and the National Advisory Dental Research Council, respectively.
    1946--Subsec. (d). Act July 3, 1946, made the National Advisory 
Mental Health Council the body to make recommendations to the Surgeon 
General on awarding of grants-in-aid for research projects with respect 
to mental health.
    Subsec. (g). Act July 3, 1946, gave National Advisory Health Council 
the right to make recommendations to carry out purposes of this section.

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsec. (a)(7), and 
``Department of Health and Human Services'' substituted for ``Department 
of Health, Education, and Welfare'' in subsec. (b)(1), (3), and 
(4)(D)(I), (II), pursuant to section 509(b) of Pub. L. 96-88 which is 
classified to section 3508(b) of Title 20, Education.


                    Effective Date of 1978 Amendment

    Sections 261 and 262 of Pub. L. 95-622 provided that the amendments 
made by those sections are effective Oct. 1, 1978.


                    Effective Date of 1974 Amendment

    Section 104(b) of Pub. L. 93-348 provided that: ``The amendments 
made by subsection (a) [amending this section and sections 242a, 282, 
286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k, and 
heading preceding section 289l of this title] shall not apply with 
respect to commitments made before the date of the enactment of this Act 
[July 12, 1974] by the Secretary of Health, Education, and Welfare for 
research training under the provisions of the Public Health Service Act 
amended or repealed by subsection (a).''


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-423 effective 60 days after Sept. 19, 1972, 
or on such prior date after Sept. 19, 1972, as the President shall 
prescribe and publish in the Federal Register, see section 9 of Pub. L. 
92-423, set out as a note under section 218 of this title.


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 92-218 effective 60 days after Dec. 23, 1971, 
or on such prior date after Dec. 23, 1971, as the President shall 
prescribe and publish in the Federal Register, see section 7 of Pub. L. 
92-218, set out as a note under section 218 of this title.


Certain Technologies and Practices Regarding Survival Rates for Cardiac 
                                 Arrest

    Pub. L. 106-129, Sec. 7, Dec. 6, 1999, 113 Stat. 1676, provided 
that: ``The Secretary of Health and Human Services shall, in 
consultation with the Administrator of the General Services 
Administration and other appropriate public and private entities, 
develop recommendations regarding the placement of automatic external 
defibrillators in Federal buildings as a means of improving the survival 
rates of individuals who experience cardiac arrest in such buildings, 
including recommendations on training, maintenance, and medical 
oversight, and on coordinating with the system for emergency medical 
services.''


                Coordination of Data Surveys and Reports

    Pub. L. 106-113, div. B, Sec. 1000(a)(6) [title VII, Sec. 703(e)], 
Nov. 29, 1999, 113 Stat. 1536, 1501A-402, provided that: ``The Secretary 
of Health and Human Services, through the Assistant Secretary for 
Planning and Evaluation, shall establish a clearinghouse for the 
consolidation and coordination of all Federal databases and reports 
regarding children's health.''


                        Female Genital Mutilation

    Pub. L. 104-134, title I, Sec. 101(d) [title V, Sec. 520], Apr. 26, 
1996, 110 Stat. 1321-211, 1321-250; renumbered title I, Pub. L. 104-140, 
Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that:
    ``(a) Congress finds that--
        ``(1) the practice of female genital mutilation is carried out 
    by members of certain cultural and religious groups within the 
    United States; and
        ``(2) the practice of female genital mutilation often results in 
    the occurrence of physical and psychological health effects that 
    harm the women involved.
    ``(b) The Secretary of Health and Human Services shall do the 
following:
        ``(1) Compile data on the number of females living in the United 
    States who have been subjected to female genital mutilation (whether 
    in the United States or in their countries of origin), including a 
    specification of the number of girls under the age of 18 who have 
    been subjected to such mutilation.
        ``(2) Identify communities in the United States that practice 
    female genital mutilation, and design and carry out outreach 
    activities to educate individuals in the communities on the physical 
    and psychological health effects of such practice. Such outreach 
    activities shall be designed and implemented in collaboration with 
    representatives of the ethnic groups practicing such mutilation and 
    with representatives of organizations with expertise in preventing 
    such practice.
        ``(3) Develop recommendations for the education of students of 
    schools of medicine and osteopathic medicine regarding female 
    genital mutilation and complications arising from such mutilation. 
    Such recommendations shall be disseminated to such schools.
    ``(c) For purposes of this section the term `female genital 
mutilation' means the removal or infibulation (or both) of the whole or 
part of the clitoris, the labia minor, or the labia major.
    ``(d) The Secretary of Health and Human Services shall commence 
carrying out this section not later than 90 days after the date of 
enactment of this Act [Apr. 26, 1996].''


                     Sentinel Disease Concept Study

    Section 1910 of Pub. L. 103-43 directed Secretary of Health and 
Human Services, in cooperation with Agency for Toxic Substances and 
Disease Registry and Centers for Disease Control and Prevention, to 
design and implement a pilot sentinel disease surveillance system for 
identifying relationship between occupation of household members and 
incidence of subsequent conditions or diseases in other members of 
household, and required Director of the National Institutes of Health to 
prepare and submit to Congress, not later than 4 years after June 10, 
1993, a report concerning this project.


           Study of Thyroid Morbidity for Hanford, Washington

    Section 161 of Pub. L. 100-607, as amended by Pub. L. 102-531, title 
III, Sec. 312(e)(1), Oct. 27, 1992, 106 Stat. 3506, directed Secretary 
of Health and Human Services, acting through Director of Centers for 
Disease Control and Prevention, to conduct a study of thyroid morbidity 
of the population, including Indian tribes and tribal organizations, in 
vicinity of Hanford, in State of Washington, authorized Director to 
contract out portions of study, and required Director, not later than 42 
months after Nov. 4, 1988, to transmit a report, including such study, 
to Congress, chief executive officers of States of Oregon and 
Washington, and governing officials of Indian tribes in vicinity of 
Hanford, Washington.


             National Commission on Sleep Disorders Research

    Section 162 of Pub. L. 100-607 directed Secretary of Health and 
Human Services, after consultation with Director of National Institutes 
of Health, to establish a National Commission on Sleep Disorders 
Research to conduct a comprehensive study of present state of knowledge 
of incidence, prevalence, morbidity, and mortality resulting from sleep 
disorders, and of social and economic impact of such disorders, evaluate 
public and private facilities and resources (including trained personnel 
and research activities) available for diagnosis, prevention, and 
treatment of, and research into, such disorders, and identify programs 
(including biological, physiological, behavioral, environmental, and 
social programs) by which improvement in management and research into 
sleep disorders could be accomplished and, not later than 18 months 
after initial meeting of Commission, to submit to appropriate Committees 
of Congress a final report, and provided for termination of the 
Commission 30 days after submission of final report.


  Research With Respect to Health Resources and Services Administration

    Section 632 of Pub. L. 100-607 provided that with respect to any 
program of research pursuant to this chapter, any such program carried 
out in fiscal year 1987 by an agency other than Health Resources and 
Services Administration (or appropriate to be carried out by such an 
agency) could not, for each of fiscal years 1989 through 1991, be 
carried out by such Administration.


  Continuing Care for Psychiatric Patients in Former Clinical Research 
               Center at National Institute on Drug Abuse

    Pub. L. 99-117, Sec. 10, Oct. 7, 1985, 99 Stat. 494, provided that: 
``In any fiscal year beginning after September 30, 1981, from funds 
appropriated for carrying out section 301 of the Public Health Service 
Act [this section] with respect to mental health, the Secretary of 
Health and Human Services may provide, by contract or otherwise, for the 
continuing care of psychiatric patients who were under active and 
continuous treatment at the National Institute on Drug Abuse Clinical 
Research Center on the date such Clinical Research Center ceased 
operations.''


        Analysis of Thyroid Cancer; Creation and Publication of 
                       Radioepidemiological Tables

    Pub. L. 97-414, Sec. 7, Jan. 4, 1983, 96 Stat. 2059, provided that:
    ``(a) In carrying out section 301 of the Public Health Service Act 
[this section], the Secretary of Health and Human Services shall--
        ``(1) conduct scientific research and prepare analyses necessary 
    to develop valid and credible assessments of the risks of thyroid 
    cancer that are associated with thyroid doses of Iodine 131;
        ``(2) conduct scientific research and prepare analyses necessary 
    to develop valid and credible methods to estimate the thyroid doses 
    of Iodine 131 that are received by individuals from nuclear bomb 
    fallout;
        ``(3) conduct scientific research and prepare analyses necessary 
    to develop valid and credible assessments of the exposure to Iodine 
    131 that the American people received from the Nevada atmospheric 
    nuclear bomb tests; and
        ``(4) prepare and transmit to the Congress within one year after 
    the date of enactment of this Act [Jan. 4, 1983] a report with 
    respect to the activities conducted in carrying out paragraphs (1), 
    (2), and (3).
    ``(b)(1) Within one year after the date of enactment of this Act 
[Jan. 4, 1983], the Secretary of Health and Human Services shall devise 
and publish radioepidemiological tables that estimate the likelihood 
that persons who have or have had any of the radiation related cancers 
and who have received specific doses prior to the onset of such disease 
developed cancer as a result of these doses. These tables shall show a 
probability of causation of developing each radiation related cancer 
associated with receipt of doses ranging from 1 millirad to 1,000 rads 
in terms of sex, age at time of exposure, time from exposure to the 
onset of the cancer in question, and such other categories as the 
Secretary, after consulting with appropriate scientific experts, 
determines to be relevant. Each probability of causation shall be 
calculated and displayed as a single percentage figure.
    ``(2) At the time the Secretary of Health and Human Services 
publishes the tables pursuant to paragraph (1), such Secretary shall 
also publish--
        ``(A) for the tables of each radiation related cancer, an 
    evaluation which will assess the credibility, validity, and degree 
    of certainty associated with such tables; and
        ``(B) a compilation of the formulas that yielded the 
    probabilities of causation listed in such tables. Such formulas 
    shall be published in such a manner and together with information 
    necessary to determine the probability of causation of any 
    individual who has or has had a radiation related cancer and has 
    received any given dose.
    ``(3) The tables specified in paragraph (1) and the formulas 
specified in paragraph (2) shall be devised from the best available data 
that are most applicable to the United States, and shall be devised in 
accordance with the best available scientific procedures and expertise. 
The Secretary of Health and Human Services shall update these tables and 
formulas every four years, or whenever he deems it necessary to insure 
that they continue to represent the best available scientific data and 
expertise.''


                   Termination of Advisory Committees

    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a 
note under section 217a of this title, provided that an advisory 
committee established pursuant to the Public Health Service Act shall 
terminate at such time as may be specifically prescribed by an Act of 
Congress enacted after Jan. 4, 1975.

                  Section Referred to in Other Sections

    This section is referred to in sections 242, 242a, 254c, 263, 282, 
284, 284f, 7610 of this title.
