diagnostic tests for, and diagnosed cases of, venereal disease;

(B) casefinding and case followup activities respecting venereal disease, including contact tracing of infectious cases of venereal disease;

(C) interstate epidemiologic referral and followup activities respecting venereal disease;

(D) professional and public venereal disease education activities; and

(E) such special studies or demonstrations to evaluate or test venereal disease control as may be prescribed by the Secretary.

(2) For the purpose of carrying out this subsection, there is authorized to be appropriated $30,000,000 for the fiscal year ending June 30, 1973, and for each of the next two succeeding fiscal years. (e) Terms and conditions; payments; recordkeeping; audit; grant reduction; information disclosure.

(1) Grants made under subsection (b) or (d) of this section shall be made on such terms and conditions as the Secretary finds necessary to carry out the purposes of such subsection, and payments under any such grants shall be made in advance or by way of reimbursement and in such installments as the Secretary finds necessary.

(2) Each recipient of a grant under this section shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant was given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(3) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of grants under this section that are pertinent to such grants. (4) The Secretary, at the request of a recipient of a grant under this section, may reduce such grant by the fair market value of any supplies or equipment furnished to such recipient and by the amount of pay, allowances, travel expenses, and any other costs in connection with the detail of an officer or employee of the United States to the recipient when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such recipient and for the purpose of carrying out the program with respect to which the grant under this section is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies, equipment, or personal services on which the reduction of such grant is based; and, in the case of a grant under subsection (c) of this section, such amount shall be deemed a part of the grant to such recipient and shall, for the purposes of that subsection, be deemed to have been paid to such recipient.

(5) All information obtained in connection with the examination, care, or treatment of any individual under any program which is being carried out with a grant made under this section shall not, with

out such individual's consent, be disclosed except as may be necessary to provide service to him. Information derived from any such program may be disclosed

(A) in summary, statistical, or other form, or (B) for clinical or research purposes,

but only if the identity of the individuals diagnosed or provided care or treatment under such program is not disclosed.

(f) Conditional limitation on use of funds.

Except as provided in section 247b (d) (4) of this title, no funds appropriated under any provision of this chapter other than this section may be used to make grants in any fiscal year for programs or projects respecting venereal disease if (1) grants for such programs or projects are authorized by this section, and (2) all the funds authorized to be appropriated under this section for that fiscal year have not been appropriated for that fiscal year and obligated in that fiscal year.

(g) Limitations on section 247b grants.

Not to exceed 50 per centum of the amounts appropriated for any fiscal year under subsections (b), (c), and (d) of this section may be used by the Secretary for grants for such fiscal year under section 247b of this title.

(h) Consent of individuals.

Nothing in this section shall be construed to require any State or any political subdivision of a State to have a venereal disease program which would require any person, who objects to any treatment provided under such a program, to be treated or to have any child or ward of his treated under such a program. (July 1, 1944, ch. 373, title III, § 318, as added Sept. 30, 1972, Pub. L. 92-449, title II, § 203, 86 Stat. 751.)

CODIFICATION

A prior section 247c, act July 1, 1944, ch. 373 title III, § 318, as added Aug. 18, 1964, Pub. L. 88-443, § 2, 78 Stat. 447, which related to grants for assisting in the areawide planning of health and related facilities, was repealed by Pub. L. 89-749, § 6, Nov. 3, 1966, 80 Stat. 1190 eff. July 1, 1967.

SHORT TITLE

Section 201 of Pub. L. 92-449 provided that: "This title [which enacted this section and provisions set out as notes under this section] may be cited as the 'National Venereal Disease Prevention and Control Act'."

CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE Section 202 of Pub. L. 92-449 provided that:

"(a) The Congress finds and declares that"(1) the number or reported cases of venereal disease has reached epidemic proportions in the United States; "(2) the number of patients with venereal disease reported to public health authorities is only a fraction of those treated by physicians;

"(3) the incidence of venereal disease is particularly high among individuals in the 20-24 age group, and in metropolitan areas;

"(4) venereal disease accounts for needless deaths and blindness, and crippling conditions;

"(5) the number of cases of congenital syphilis, a preventable disease, in infants under one year of age increased by 33 per centum between 1970 and 1971;

"(6) health education programs in schools and through the mass media may prevent a substantial portion of the venereal disease problem; and

"(7) medical authorities have no successful vaccine for syphilis or gonorrhea and no blood test for the detection of gonorrhea among the large reservoir of asymptomatic females.

"(b) In order to preserve and protect the health and welfare of all citizens, it is the purpose of this Act [this chapter] to establish a national program for the prevention and control of venereal disease."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 247b of this title.

PART C.-HOSPITALS, MEDICAL EXAMINATIONS, AND MEDICAL CARE

§ 250a. Same; transfer of appropriations.

There may be transferred to the Health Services and Mental Health Administration such amounts as may be necessary, in the discretion of the Attorney General, for direct expenditure by that Administration for medical relief for inmates of Federal penal and correctional institutions. (Pub. L. 92-77, title II, §201, Aug. 10, 1971, 85 Stat. 253; Pub. L. 92-544, title II, § 201, Oct. 25, 1972, 86 Stat. 1116; Pub. L. 93-162, title II, § 201, Nov. 27, 1973, 87 Stat. 643.)

§ 253. Medical services to Coast Guard, Coast and Geodetic Survey, and Public Health Service; examination of personnel of Service assigned to Coast Guard or Coast and Geodetic Survey.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed, of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

§ 253a. Medical services to retired personnel of Coast and Geodetic Survey; treatment of dependents of personnel; per diem hospitalization charges; identification of persons eligible for treatment. TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

§ 254b. National Health Service Corps.

(a) Establishment; assignment of personnel; statement of purpose.

There is established, within the Service, the National Health Service Corps (hereinafter in this section referred to as the "Corps") which shall consist of those officers of the Regular and Reserve Corps of the Service and such other personnel as the Secretary may designate and which shall be utilized by the Secretary to improve the delivery of health care and services to persons residing in areas which have critical health manpower shortages. (b) Powers of Secretary; procedure for assignment

of personnel; utilization of appropriate techniques, facilities, and organizational forms, and maximization of care and services by personnel; establishment and collection of fees.

(1) The Secretary shall (A) designate those areas which he determines have critical health manpower shortages, (B) provide assistance to persons seeking assignment of Corps personnel to such designated areas to provide under this section health care and services for persons residing in such areas, and (C) conduct such information programs in such designated areas as may be necessary to inform the public and private health entities serving those areas of the assistance available under this section.

(2) (A) The Secretary may assign personnel of the Corps to provide, under regulations prescribed by the Secretary, health care and services for persons re

siding in an area designated by the Secretary under paragraph (1) if—

(i) the State health agency of each State in which such area is located or the local public health agency or any other public or nonprofit private health entity in such area requests such assignment, and

(ii) the (I) local government of such area, and (II) the State and district medical, dental, or other appropriate health societies (as the case may be), certify to the Secretary that such assignment of Corps personnel is needed for such area.

If with respect to any proposed assignment of Corps personnel to an area the requirements of clauses (i) and (ii) of the preceding sentence are met except for the certification by the State and district medical, dental, or other appropriate health societies required by clause (ii) and if the Secretary finds from all the facts presented that such certification has clearly been arbitrarily and capriciously withheld, the Secretary may, after consultation with appropriate medical, dental, or other health societies, assign such personnel to such area. Corps personnel shall be assigned under this section on the basis of the extent of an area's need for health care and services and without regard to the ability of the residents of an area to pay for health care and services.

(B) In providing health care and services under this section, Corps personnel shall utilize the techniques, facilities, and organizational forms most appropriate for the area and shall, to the maximum extent feasible, provide such care and services (i) to all persons in such area regardless of the ability of such persons to pay for the care and services, and (ii) in connection with (I) direct health care programs carried out by the Service; (II) any direct health care program carried out in whole or in part with Federal financial assistance; or (III) any other health care activity which is in furtherance of the purposes of this section.

(C) Any person who receives health care or services provided under this section shall be charged for such care or service on a fee-for-service or other basis at a rate established by the Secretary, pursuant to regulations, to recover the reasonable cost of providing such care or service; except that if such person is determined under regulations of the Secretary to be unable to pay such charge, the Secretary shall provide for the furnishing of such care or service at a reduced rate or without charge. If a Federal agency, an agency of a State or local government, or other third party would be responsible for all or part of the cost of the care or service provided under this section if such care or service had not been provided under this section, the Secretary shall collect, on a fee-for-service or other basis, from such agency or third party the portion of such cost for which it would be so responsible. Any funds collected by the Secretary under this subparagraph shall be deposited in the Treasury as miscellaneous. receipts and shall be disregarded in determining (1) the amounts of appropriations to be requested under subsection (h) of this section, and (ii) the amounts to be made available from appropriations made under such subsection to carry out this section.

(c) Assigned personnel not included within personnel quota of Department of Health, Education, and Welfare; reimbursement of applicants. Commissioned officers and other personnel of the Corps assigned to areas designated under subsection (b) of this section shall not be included in determining whether any limitation on the number of personnel which may be employed by the Department of Health, Education, and Welfare has been exceeded. The Secretary may reimburse applicants for positions in the Corps for actual expenses incurred in traveling to and from their place of residence to an area in which they would be assigned for the purpose of evaluating such area with regard to being assigned in such area. The Secretary shall not reimburse an applicant for more than one such trip. (d) Utilization of area health facilities; arrangements by Secretary; use and procurement of equipment, supplies, and temporary services of nurses and allied health professionals; programs for recruitment of personnel.

(1) Notwithstanding any other provision of law, the Secretary, to the extent feasible, may make such arrangements as he determines necessary to enable officers and other personnel of the Corps in providing care and services under subsection (b) of this section to utilize the health facilities of the area to be served, except that if such area is being served (as determined under regulations of the Secretary) by a hospital or other health care delivery facility of the Service, the Secretary shall, in addition to such other arrangements as the Secretary may make to insure the availability in such area of care and services by Corps personnel, arrange for the utilization of such hospital or facility by Corps personnel in providing care and services in such area but only to the extent that such utilization will not impair the delivery of care and treatment through such hospital or facility to persons who are entitled to care and treatment through such hospital or facility. If there are no health facilities in or serving such area, the Secretary may arrange to have such care and services provided in the nearest health facilities of the Service or the Secretary may lease or otherwise provide facilities in such area for the provision of such care and services. In providing such care and services, the Secretary may (A) make such arrangements as he determines are necessary for the use of equipment and supplies of the Service and for the lease or acquisition of other equipment and supplies, and (B) secure the temporary services of nurses and allied health professionals.

(2) The Secretary shall conduct at medical and nursing schools and other schools of the health professions and training centers for the allied health professions, recruiting programs for the Corps. Such programs shall include the wide dissemination of written information on the Corps and visits to such schools by personnel of the Corps.

(f) Functions of Secretary.

It shall be the function of the Secretary

(1) to establish guidelines with respect to how the Corps shall be utilized in areas designated under this section;

(2) to select personnel of the Corps for assignment to the areas designated under this section; and

(3) to determine which communities or areas may receive assistance under this section taking into consideration

*

(B) the willingness of the community or area and the appropriate governmental agencies therein to assist and cooperate with the Corps in providing effective health services to residents of the community or area;

(g) Annual report to Congress; contents.

The Secretary shall report to Congress no later than May 15 of each year

(1) the number of areas designated under subsection (b) of this section in the calendar year preceding the year in which the report is made as having critical health manpower shortages and the number of areas which the Secretary estimates will be so designated in the calendar year in which the report is made;

(2) the number and types of Corps personnel assigned in such preceding calendar year to areas designated under subsection (b) of this section, the number and types of additional Corps personnel which the Secretary estimates will be assigned to such areas in the calendar year in which the report is submitted, and the need (if any) for additional personnel for the Corps; and

(3) the number of applications filed in such preceding calendar year for assignment of Corps personnel under this section and the action taken on each such application.

(h) Authorization of appropriations.

To carry out the purposes of this section, there are authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1971; $20,000,000 for the fiscal year ending June 30, 1972; $30,000,000 for the fiscal year ending June 30, 1973; and $25,000,000 for the fiscal year ending June 30, 1974. (i) Definitions.

For purposes of this section, the term "State" includes Guam, American Samoa, and the Trust Territory of the Pacific Islands. (As amended Nov. 18, 1971, Pub. L. 92-157, title II, § 203, 85 Stat. 462; Oct. 27, 1972, Pub. L. 92-585, § 2, 86 Stat. 1290.)

AMENDMENTS

1972 Subsec. (a) Pub. L. 92-585, § 2(a), substituted provisions establishing the National Health Service Corps and setting forth the components of the Corps and its purposes, for provisions requiring an identifiable administrative unit within the Public Health Service to improve the delivery of health services to persons living in areas where health personnel and services are inadequate to meet the health needs of the residents and authorizing the Secretary to use his best efforts to provide for the assignment of Public Health Service physicians to certain counties.

Subsec. (b). Pub. L. 92-585, § 2(b), substituted provisions setting forth the powers of the Secretary in carrying out his functions in relation to the assignment of personnel to alleviate health manpower shortages, setting forth the procedure for the assignment of such personnel, requiring Corps personnel to utilize techniques, facilities. ganizational forms most appropriate to and to maximize care and services so

the pa

provided, and authorizing the Secretary to promulgate regulations establishing rates for care or services and for the collection of such charges, for provisions setting forth the procedure for the assignment of commissioned officers and other personnel of the Service to provide health care and services, setting forth the scope of care and services so provided, and setting forth the procedure for the establishment of rates for services and the collection of such charges.

Subsec. (c). Pub. L. 92-585, § 2(c), substituted "Corps" for "Service", and added provisions relating to the reimbursement by the Secretary of applicants.

Subsec. (d). Pub. L. 92-585, § 2(d), redesignated existing provisions as subsec. (d) (1), and, as so redesignated, substituted "Corps in providing care and services" for "Service in providing care and services" and "If there are no health facilities in or serving such area" for "If there are no such facilities in such area", and added exception relating to the utilization of health facilities of an area being served by a hospital or other health care delivery facility of the Service and provisions authorizing the Secretary to make such arrangements as are necessary for the use of equipment and supplies of the Service, for the lease or acquisition of other equipment and supplies, and to secure the temporary services of nurses and allied health professionals, and added subsec. (d)(2).

Subsec. (f). Pub. L. 92-585, § 2(e), substituted "Corps" for "Service" in pars. (1) and (3) (B), and "personnel of the Corps" for "commissioned officers of the Service and other personnel" in par. (2).

Subsec. (g). Pub. L. 92-585, § 2(f), added subsec. (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 92-585, § 2 (f), (g), redesignated former subsec. (g) as (h), and, as so redesignated, authorized appropriations of $25,000,000 for the fiscal year ending June 30, 1974.

Subsec. (1). Pub. L. 92-585, § 2(h), added subsec. (i). 1971-Subsec. (a). Pub. L. 92-157 required the Secretary to provide at least one physician in the Public Health Service for each county (except counties sparsely populated) without a resident physician within a year of Nov. 18, 1971, and to report to the Congress the implementation of this requirement by such date.

SHORT TITLE OF 1972 AMENDMENT

Section 1 of Pub. L. 92-585 provided that: "This Act [which enacted section 234 of this title, amended this section and section 294a of this title, and enacted provisions set out as a note under section 246 of this title] may be cited as the 'Emergency Health Personnel Act Amendments of 1972"."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 234, 294a of this title.

PART E.-NARCOTICS ADDICTS AND OTHER Drug AbuseRS

§ 257. Care and treatment.

(a) The Surgeon General is authorized to provide for the confinement, care, protection, treatment, and discipline of persons addicted to the use of habit-forming narcotic drugs who are civilly committed to treatment or convicted of offenses against the United States and sentenced to treatment under the Narcotic Addict Rehabilitation Act of 1966, addicts who are committed to the custody of the Attorney General pursuant to the provisions of the Federal Youth Correction Act, addicts and other persons with drug abuse and drug dependence problems who voluntarily submit themselves for treatment, and addicts convicted of offenses against the United States and who are not sentenced to treatment under the Narcotic Addict Rehabilitation Act of 1966, including persons convicted by general courts-martial and consular courts. Such care and treatment shall be provided at hospitals of the Service especially equipped for the accommodation of

such patients or elsewhere where authorized under other provisions of law, and shall be designed to rehabilitate such persons, to restore them to health, and, where necessary, to train them to be selfsupporting and self-reliant; but nothing in this section or in this part shall be construed to limit the authority of the Surgeon General under other provisions of law to provide for the conditional release of patients and for aftercare under supervision. In carrying out this subsection, the Secretary shall establish in each hospital and other appropriate medical facility of the Service a treatment and rehabilitation program for drug addicts and other persons with drug abuse and drug dependence problems who are in the area served by such hospital or other facility; except that the requirement of this sentence shall not apply in the case of any such hospital or other facility with respect to which the Secretary determines that there is not sufficient need for such a program in such hospital or other facility.

(c) The Secretary may enter into agreements with the Administrator of Veterans' Affairs, the Secretary of Defense, and the head of any other department or agency of the Government under which agreements hospitals and other appropriate medical facilities of the Service may be used in treatment and rehabilitation programs provided by such department or agency for drug addicts and other persons with drug abuse and other drug dependence problems who are in areas served by such hospitals or other facilities. (As amended Mar. 21, 1972, Pub. L. 92-255, title IV, § 402, 86 Stat. 77.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-255, § 402 (a), required establishment in hospitals and other appropriate medical facilities of treatment and rehabilitation programs for drug addicts and other persons with drug abuse and drug dependence problems where sufficient need for such programs exists.

Subsec. (c). Pub. L. 92-255, § 402(b), added subsec. (c).

§ 259. Convict addicts.

(b) Repealed. Pub. L. 92-293, § 3, May 11, 1972, 86 Stat. 136.

(As amended May 11, 1972, Pub. L. 92-293, § 3, 86 Stat. 136.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-293 struck out subsec. (b) which provided for the application of sections 710 to 712a, 714 to 723c and 744h of Title 18 to narcotic addicts and persons with drug abuse and drug dependence problems.

PART F.-LICENSING OF BIOLOGICAL PRODUCTS AND
CLINICAL LABORATORIES AND CONTROL OF RADIATION
Subpart 3.-Electronic Product Radiation Control
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in title 15 section 2080.
§ 263c. Definitions.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 15 section 2080.