
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300u-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
         SUBCHAPTER XV--HEALTH INFORMATION AND HEALTH PROMOTION
 
Sec. 300u-5. Centers for research and demonstration of health 
        promotion and disease prevention
        

(a) Establishment; grants; contracts; research and demonstration 
        projects

    The Secretary shall make grants or enter into contracts with 
academic health centers for the establishment, maintenance, and 
operation of centers for research and demonstration with respect to 
health promotion and disease prevention. Centers established, 
maintained, or operated under this section shall undertake research and 
demonstration projects in health promotion, disease prevention, and 
improved methods of appraising health hazards and risk factors, and 
shall serve as demonstration sites for the use of new and innovative 
research in public health techniques to prevent chronic diseases.

(b) Location; types of research and projects

    Each center established, maintained, or operated under this section 
shall--
        (1) be located in an academic health center with--
            (A) a multidisciplinary faculty with expertise in public 
        health and which has working relationships with relevant groups 
        in such fields as medicine, psychology, nursing, social work, 
        education and business;
            (B) graduate training programs relevant to disease 
        prevention;
            (C) a core faculty in epidemiology, biostatistics, social 
        sciences, behavioral and environmental health sciences, and 
        health administration;
            (D) a demonstrated curriculum in disease prevention;
            (E) a capability for residency training in public health or 
        preventive medicine; and
            (F) such other qualifications as the Secretary may 
        prescribe;

        (2) conduct--
            (A) health promotion and disease prevention research, 
        including retrospective studies and longitudinal prospective 
        studies in population groups and communities;
            (B) demonstration projects for the delivery of services 
        relating to health promotion and disease prevention to defined 
        population groups using, as appropriate, community outreach and 
        organization techniques and other methods of educating and 
        motivating communities; and
            (C) evaluation studies on the efficacy of demonstration 
        projects conducted under subparagraph (B) of this paragraph.

    The design of any evaluation study conducted under subparagraph (C) 
    shall be established prior to the commencement of the demonstration 
    project under subparagraph (B) for which the evaluation will be 
    conducted.

(c) Equitable geographic distribution of centers; procedures

    (1) In making grants and entering into contracts under this section, 
the Secretary shall provide for an equitable geographical distribution 
of centers established, maintained, and operated under this section and 
for the distribution of such centers among areas containing a wide range 
of population groups which exhibit incidences of diseases which are most 
amenable to preventive intervention.
    (2) The Secretary, through the Director of the Centers for Disease 
Control and Prevention and in consultation with the Director of the 
National Institutes of Health, shall establish procedures for the 
appropriate peer review of applications for grants and contracts under 
this section by peer review groups composed principally of non-Federal 
experts.

(d) ``Academic health center'' defined

    For purposes of this section, the term ``academic health center'' 
means a school of medicine, a school of osteopathy, or a school of 
public health, as such terms are defined in section 292a(4) \1\ of this 
title.
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    \1\ See References in Text note below.
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(e) Authorization of appropriations

    For the purpose of carrying out this section, there are authorized 
to be appropriated $10,000,000 for fiscal year 1992, and such sums as 
may be necessary for each of the fiscal years 1993 through 2003.

(July 1, 1944, ch. 373, title XVII, Sec. 1706, as added Pub. L. 98-551, 
Sec. 2(d), Oct. 30, 1984, 98 Stat. 2816; amended Pub. L. 100-607, title 
III, Sec. 312(a)(2), Nov. 4, 1988, 102 Stat. 3113; Pub. L. 102-168, 
title I, Sec. 102, Nov. 26, 1991, 105 Stat. 1102; Pub. L. 102-531, title 
III, Sec. 312(d)(12), Oct. 27, 1992, 106 Stat. 3505; Pub. L. 103-183, 
title VII, Sec. 705(d), Dec. 14, 1993, 107 Stat. 2241; Pub. L. 105-340, 
title II, Sec. 204, Oct. 31, 1998, 112 Stat. 3195.)

                       References in Text

    Section 292a of this title, referred to in subsec. (d), was in the 
original a reference to section 701 of act July 1, 1944. Section 701 of 
that Act was omitted in the general revision of subchapter V of this 
chapter by Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 
1994. Pub. L. 102-408 enacted a new section 701 of act July 1, 1944, 
relating to statement of purpose, and a new section 702, relating to 
scope and duration of loan insurance program, which are classified to 
sections 292 and 292a, respectively, of this title. For provisions 
relating to definitions, see section 295p of this title.


                            Prior Provisions

    A prior section 300u-5, act July 1, 1944, ch. 373, title XVII, 
Sec. 1706, as added June 23, 1976, Pub. L. 94-317, title I, Sec. 102, 90 
Stat. 700; amended Nov. 10, 1978, Pub. L. 95-626, title V, Sec. 501, 92 
Stat. 3592; Jan. 4, 1983, Pub. L. 97-414, Sec. 8(r), 96 Stat. 2062, 
related to establishment of the Office of Health Promotion, prior to 
repeal by Pub. L. 98-551, Sec. 2(c), Oct. 30, 1984, 98 Stat. 2816.


                               Amendments

    1998--Subsec. (e). Pub. L. 105-340 substituted ``2003'' for 
``1998''.
    1993--Subsec. (e). Pub. L. 103-183 substituted ``through 1998'' for 
``through 1996''.
    1992--Subsec. (c)(2). Pub. L. 102-531, which directed amendment of 
subsec. (c)(2)(B) by substituting ``Centers for Disease Control and 
Prevention'' for ``Centers for Disease Control'', was executed by making 
the substitution in subsec. (c)(2) to reflect the probable intent of 
Congress and the redesignation of subsec. (c)(2)(B) as subsec. (c)(2) by 
Pub. L. 102-168. See 1991 Amendment note below.
    1991--Subsec. (c). Pub. L. 102-168, Sec. 102(b), redesignated 
subpars. (A) and (B) of par. (2) as pars. (1) and (2), respectively, and 
struck out former par. (1), which read as follows: ``During fiscal year 
1985, the Secretary shall make grants or enter into contracts for the 
establishment of three centers under this section. During fiscal year 
1986, the Secretary shall make grants and enter into contracts for the 
establishment of five centers under this section and the maintenance and 
operation of the three centers established under this section in fiscal 
year 1985. During fiscal year 1987, the Secretary shall make grants and 
enter into contracts for the establishment of five centers under this 
section and the operation and maintenance of the eight centers 
established under this section in fiscal years 1985 and 1986.''
    Subsec. (e). Pub. L. 102-168, Sec. 102(a), amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows: ``To carry 
out this section, there are authorized to be appropriated $3,000,000 for 
the fiscal year ending September 30, 1985, $8,000,000 for the fiscal 
year ending September 30, 1986, $13,000,000 for the fiscal year ending 
September 30, 1987, $6,000,000 for fiscal year 1989, $8,000,000 for 
fiscal year 1990, and $10,000,000 for fiscal year 1991.''
    1988--Subsec. (e). Pub. L. 100-607 struck out ``and'' after 
``1986,'' and inserted ``, $6,000,000 for fiscal year 1989, $8,000,000 
for fiscal year 1990, and $10,000,000 for fiscal year 1991'' before 
period at end.

             Ex. Ord. No. 12345. Physical Fitness and Sports

    Ex. Ord. No. 12345, Feb. 2, 1982, 47 F.R. 5189, as amended by Ex. 
Ord. No. 12539, Dec. 3, 1985, 50 F.R. 49829; Ex. Ord. No. 12694, Oct. 
11, 1989, 54 F.R. 42285; Ex. Ord. No. 12709, Apr. 4, 1990, 55 F.R. 
13097; Ex. Ord. No. 13138, Sec. 8, Sept. 30, 1999, 64 F.R. 53881, 
provided:
    By virtue of the authority vested in me as President of the United 
States of America, and in accordance with the Federal Advisory Committee 
Act, as amended (5 U.S.C. App.), in order to expand the program for 
physical fitness and sports and to continue the President's Council on 
Physical Fitness and Sports, it is hereby ordered as follows:
    Section 1. The Secretary of Health and Human Services shall, in 
carrying out his responsibilities for public health and human services, 
develop and coordinate a national program for physical fitness and 
sports. The Secretary shall:
    (a) Enlist the active support and assistance of individual citizens, 
civic groups, private enterprise, voluntary organizations, and others in 
efforts to promote and improve the fitness of all Americans through 
regular participation in physical fitness and sports activities.
    (b) Initiate programs to inform the general public of the importance 
of exercise and the link which exists between regular physical activity 
and such qualities as good health and effective performance.
    (c) Strengthen coordination of Federal services and programs 
relating to physical fitness and sports participation and invite 
appropriate Federal agencies to participate in an interagency committee 
to coordinate physical fitness and sports activities of the Federal 
establishment.
    (d) Encourage State and local governments to emphasize the 
importance of regular physical fitness and sports participation.
    (e) Seek to advance the physical fitness of children, youth, adults, 
and senior citizens by systematically encouraging the development of 
community recreation, physical fitness, and sports participation 
programs.
    (f) Develop cooperative programs with medical, dental, and other 
similar professional societies to encourage the implementation of sound 
physical fitness practices and sports medicine services.
    (g) Stimulate and encourage research in the areas of sports 
medicine, physical fitness, and sports performance.
    (h) Assist educational agencies at all levels in developing high 
quality, innovative health and physical education programs which 
emphasize the importance of exercise to good health.
    (i) Assist recreation agencies and national sports governing bodies 
at all levels in developing ``sports for all'' programs which emphasize 
the value of sports to physical, mental, and emotional fitness.
    (j) Assist business, industry, government, and labor organizations 
in establishing sound physical fitness programs to elevate employee 
fitness and to reduce the financial and human costs resulting from 
physical inactivity.
    Sec. 2. President's Council on Physical Fitness and Sports. (a) 
There is hereby continued the President's Council on Physical Fitness 
and Sports.
    (b) The council shall be composed of twenty members appointed by the 
President. Each member shall serve a term of 2 years and may continue to 
serve after the expiration of their term until a successor is appointed. 
A member appointed to fill an unexpired term will be appointed for the 
remainder of such term. The President may, as he deems appropriate, 
designate one or more members to be Chairmen and to be Vice Chairmen.
    Sec. 3. Functions of the Council. (a) The Council shall advise the 
President and the Secretary concerning progress made in carrying out the 
provisions of this Order and shall recommend to the President and the 
Secretary, as necessary, actions to accelerate progress.
    (b) The Council shall advise the Secretary on matters pertaining to 
the ways and means of enhancing opportunities for participation in 
physical fitness and sports activities.
    (c) The Council shall also advise the Secretary on State, local, and 
private actions to extend and improve physical activity programs and 
services.
    Sec. 4. Administrative Provisions Concerning the Council. (a) The 
Secretary and the Council are authorized to request from any Federal 
agency such information or assistance deemed necessary to carry out 
their functions under this Order.
    (b) Each Federal agency is authorized, to the extent permitted by 
law and within available funds, to furnish such information and 
assistance to the Secretary and the Council as they may request.
    (c) The members of the Council shall serve without compensation for 
their work on the Council. However, members of the Council may receive 
travel expenses, including per diem in lieu of subsistence, as 
authorized by law for persons serving intermittently in government 
service (5 U.S.C. 5701-5707).
    (d) To the extent permitted by law, the Secretary shall furnish the 
Council with necessary staff, supplies, facilities, and other 
administrative services. The expenses of the Council shall be paid from 
funds available to the Secretary.
    (e) The Secretary shall appoint an Executive Director of the 
Council.
    (f) The seal prescribed by Executive Order No. 10830 of July 24, 
1959, as amended [not classified to the Code], shall continue to be the 
seal of the President's Council on Physical Fitness and Sports continued 
by this Order.
    Sec. 5. General Provisions Concerning the Council.
    (a) Notwithstanding the provisions of any other Executive Order, the 
functions of the President under the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), except that of reporting annually to the 
Congress, shall be performed by the Secretary in accordance with 
guidelines and procedures established by the Administrator of General 
Services.
    (b) In accordance with the Federal Advisory Committee Act, as 
amended, the Council shall terminate on December 31, 1982, unless sooner 
extended.
    (c) Executive Order No. 11562, as amended [not classified to the 
Code], is revoked.


 Extension of Term of President's Council on Physical Fitness and Sports

    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec. 31, 1982, 48 
F.R. 379, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5, Government 
Organization and Employees.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept. 28, 1984, 49 
F.R. 38927, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept. 30, 1985, 50 
F.R. 40319, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept. 30, 1987, 52 
F.R. 36901, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 1989, 54 
F.R. 40627, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1993, by Ex. Ord. No. 12774, Sept. 27, 1991, 56 
F.R. 49835, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1995, by Ex. Ord. No. 12869, Sept. 30, 1993, 58 
F.R. 51751, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29, 1995, 60 
F.R. 51875, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 1999, by Ex. Ord. No. 13062, Sept. 29, 1997, 62 
F.R. 51755, formerly set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5.
    Term of the President's Council on Physical Fitness and Sports 
extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 30, 1999, 64 
F.R. 53879, set out as a note under section 14 of the Federal Advisory 
Committee Act in the Appendix to Title 5.
