
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: 42USC242b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                   Part A--Research and Investigations
 
Sec. 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 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 and in 
subchapter VII of this chapter.

(b) Additional authority; scope of activities

    To implement subsection (a) of this section and section 242k of this 
title, 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, 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 limitation 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.
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    \1\ See References in Text note below.
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        (4) Acquire, construct, improve, repair, operate, 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 34 
    of title 40, by lease or otherwise, through the Administrator of 
    General Services, buildings or parts of buildings in the District of 
    Columbia or communities located adjacent to the District of 
    Columbia.

(c) Coordination of activities through units of Department

    (1) The Secretary shall coordinate all health services research, 
evaluations, and demonstrations, all health statistical and 
epidemiological activities, and all research, evaluations, and 
demonstrations respecting the assessment of health care technology 
undertaken and supported through units of the Department of Health and 
Human Services. To the maximum extent feasible such coordination shall 
be carried out through the Agency for Healthcare Research and Quality 
and the National Center for Health Statistics.
    (2) The Secretary shall coordinate the health services research, 
evaluations, and demonstrations, the health statistical and (where 
appropriate) epidemiological activities, and the research, evaluations, 
and demonstrations respecting the assessment of health care technology 
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, Sec. 304, as added July 28, 1955, ch. 
417, Sec. 3, 69 Stat. 382; amended Aug. 2, 1956, ch. 871, title V, 
Sec. 502, 70 Stat. 930; Pub. L. 90-174, Sec. 3(a), Dec. 5, 1967, 81 
Stat. 534; Pub. L. 91-296, title IV, Sec. 401(b)(1)(A), June 30, 1970, 
84 Stat. 352; Pub. L. 91-515, title II, Secs. 201(a)-(c), 202, 203, Oct. 
30, 1970, 84 Stat. 1301-1303; Pub. L. 93-45, title I, Sec. 102, June 18, 
1973, 87 Stat. 91; Pub. L. 93-353, title I, Sec. 103, July 23, 1974, 88 
Stat. 362; Pub. L. 95-623, Secs. 3, 7, Nov. 9, 1978, 92 Stat. 3443, 
3451; Pub. L. 96-32, Sec. 5(a)-(c), July 10, 1979, 93 Stat. 82; Pub. L. 
97-35, title IX, Sec. 918, Aug. 13, 1981, 95 Stat. 565; Pub. L. 98-551, 
Sec. 5(c), Oct. 30, 1984, 98 Stat. 2819; Pub. L. 101-239, title VI, 
Sec. 6103(e)(1), Dec. 19, 1989, 103 Stat. 2205; Pub. L. 103-183, title 
V, Sec. 501(b), Dec. 14, 1993, 107 Stat. 2237; Pub. L. 106-129, 
Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670.)

                       References in Text

    Sections 242c and 242n of this title, referred to in subsec. (b)(3), 
were repealed by Pub. L. 101-239, title VI, Sec. 6103(d)(1), Dec. 19, 
1989, 103 Stat. 2205.


                               Amendments

    1999--Subsecs. (a), (c). Pub. L. 106-129 substituted ``Agency for 
Healthcare Research and Quality'' for ``Agency for Health Care Policy 
and Research'' wherever 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, Sec. 6103(e)(1)(B), substituted 
``the Agency for Health Care Policy and Research'' for ``the National 
Center for Health Services Research and Health Care Technology 
Assessment'' and ``in section 242k of this title and in subchapter VII 
of this chapter'' for ``in sections 242c, 242k, and 242n of this 
title''.
    Pub. L. 101-239, Sec. 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 epidemiological 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, Sec. 6103(e)(1)(C), substituted 
``subsection (a) of this section and section 242k of this title'' for 
``subsection (a) of this section''.
    Subsec. (c)(1), (2). Pub. L. 101-239, Sec. 6103(e)(1)(D), 
substituted ``the Agency for Health Care Policy and Research'' for ``the 
National Center for Health Services Research and Health Care Technology 
Assessment''.
    1984--Subsec. (a)(1). Pub. L. 98-551, Sec. 5(c)(1), (2), substituted 
``the National Center for Health Services Research and Health Care 
Technology Assessment and the National Center for Health Statistics'' 
for ``the National Center for Health Services Research, the National 
Center for Health Statistics, and the National Center for Health Care 
Technology''.
    Subsec. (a)(3). Pub. L. 98-551, Sec. 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, Sec. 5(c)(1), (2), substituted 
``the National Center for Health Services Research and Health Care 
Technology Assessment and the National Center for Health Statistics'' 
for ``the National Center for Health Services Research, the National 
Center for Health Statistics, and the National Center for Health Care 
Technology''.
    1981--Subsec. (a)(3). Pub. L. 97-35, Sec. 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, Sec. 918(d)(1), substituted 
``Health and Human Services'' for ``Health, Education, and Welfare''.
    Subsec. (d)(1). Pub. L. 97-35, Sec. 918(b)(1), (2), substituted 
provisions relating to advice and assistance of the National 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, Sec. 918(b)(3), (c), (d)(2), 
substituted ``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, Sec. 5(a), (b), amended 
directory language of Pub. L. 95-623, Sec. 3(b), (d), and required no 
change in text. See 1978 Amendment note below.
    Subsec. (d). Pub. L. 96-32, Sec. 5(c), substituted ``(d)'' for 
``(e)'' as designation of subsection added by Pub. L. 95-623, Sec. 7, 
thereby correcting the subsection designation.
    1978--Subsec. (a)(1). Pub. L. 95-623, Sec. 3(a), substituted 
provision for the Secretary acting through the National Center for 
Health Care Technology for such action through other units of the 
Department of Health, Education, and Welfare and ``conduct'' for 
``undertake'', included epidemiological activities, and declared as an 
objective the improvement of the effectiveness, efficiency, and quality 
of Federal health services.
    Subsec. (a)(2). Pub. L. 95-623, Sec. 3(a), provided for emphasis to 
demonstrations, evaluations, and epidemiological 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 determination of an 
individual's health''; added subpars. (B) through (D); struck out former 
subpar. (D) activities respecting ``individual and community knowledge 
of individual health and the systems for the delivery of health care''; 
added subpars. (E) through (I); and redesignated as subpar. (J) former 
subpar. (B).
    Subsec. (a)(3). Pub. L. 95-623, Sec. 3(a), added par. (3).
    Subsec. (b)(1). Pub. L. 95-623, Sec. 3(b), as amended by Pub. L. 96-
32, Sec. 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 training, and (C) health 
statistical activities''.
    Subsec. (b)(3). Pub. L. 95-623, Sec. 3(d), as amended by Pub. L. 96-
32, Sec. 5(b), substituted ``advisable but in accordance with section 
3109 of title 5'' for ``advisable'', struck out ``experts and'' before 
``consultants'', and authorized the Secretary to obtain for the centers 
the services of experts with appropriate scientific or professional 
qualifications.
    Subsec. (c). Pub. L. 95-623, Sec. 3(c), designated existing text as 
par. (1), substituted ``evaluations, and demonstrations, all health 
statistical and epidemiological activities, and all research, 
evaluations, and demonstrations 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, Sec. 7, as amended by Pub. L. 96-32, 
Sec. 5(c), added subsec. (d).
    1974--Pub. L. 93-353, in revising generally provisions of subsecs. 
(a) to (c), provided for general authority respecting health statistics 
and health services research, evaluation, and demonstrations, subsec. 
(a) relating to scope of activities, subsec. (b) relating to additional 
authority and scope of activities, and subsec. (c) relating to 
coordination of activities through units of the Department. Former 
provisions related to research and demonstrations relating to health 
facilities and services, 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 appropriations.
    1973--Subsec. (c)(1). Pub. L. 93-45 authorized appropriations of 
$42,617,000 for fiscal year ending June 30, 1974.
    1970--Subsec. (a)(1). Pub. L. 91-515, Secs. 201(a)(1), 203, 
redesignated 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, Sec. 201(a)(2), redesignated subsec. 
(b) as (a)(2), and substituted ``subsection'' for ``section'' wherever 
appearing.
    Subsec. (a)(3). Pub. L. 91-515, Secs. 201(a)(3), 202, redesignated 
subsec. (c) as (a)(3)(A), substituted ``subsection'' for ``section'' 
wherever appearing, and added subsec. (a)(3)(B).
    Subsec. (b). Pub. L. 91-515, Sec. 201(a)(2)(A), (b), added subsec. 
(b). Former subsec. (b) redesignated (a)(2).
    Subsecs. (c), (d). Pub. L. 91-515, Secs. 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 authorizing appropriations of 
$20,000,000 for the fiscal year ending June 30, 1968, $40,000,000 for 
the fiscal year ending June 30, 1969, and $60,000,000 for the fiscal 
year ending 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 authorized 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 
``organization'', 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 acceptance 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''. Section heading has been changed for 
purposes of codification.


                    Effective Date of 1970 Amendments

    Section 201(d) of Pub. L. 91-515 provided that: ``The amendments 
made by subsection (c) of this section [amending this section] shall be 
effective only with respect to fiscal years ending after June 30, 
1970.''
    Section 401(b)(1) of Pub. L. 91-296 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.

                          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 Secretary of Health, Education, and 
Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.


     Model Standards With Respect to Preventive Health Services in 
                               Communities

    Pub. L. 95-83, title III, Sec. 314, Aug. 1, 1977, 91 Stat. 398, 
required the Secretary of Health, Education, and Welfare, within two 
years of Aug. 1, 1977, to establish model standards with respect to 
preventive health services in communities and report such standards to 
Congress.


                          Transfer of Equipment

    Pub. L. 94-573, Sec. 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 
demonstration 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

    Section 2 of Joint Res. July 28, 1955, provides a Congressional 
statement of the critical need for an analysis and reevaluation of the 
human and economic 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 utilization 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 complex and the interrelated problems posed by mental illness 
by encouraging the undertaking of nongovernmental, multidisciplinary 
research into and reevaluation of all aspects of our resources, methods, 
and practices for diagnosing, treating, caring for, and rehabilitating 
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, Sec. 231, July 30, 1965, 79 Stat. 360, as 
amended by Pub. L. 90-248, title III, Sec. 305, Jan. 2, 1968, 81 Stat. 
929, authorized the Secretary of Health, Education, and Welfare upon the 
recommendation of the National Advisory Mental Health Council and after 
securing the advice of experts in pediatrics and child welfare, to make 
grants to organizations on certain conditions for carrying out a program 
of research into and study of resources, methods, and practices for 
diagnosing or preventing emotional illness in children and of treating, 
caring for, and rehabilitating children with emotional illnesses, 
defined ``organization'', and authorized 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 235, 242k, 242m, 288 of this 
title.
