Authorizing Legislation

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Attachment 1
42 USC 241: Research and investigations generally
Text contains those laws in effect on April 11, 2016
From Title 42-THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A-PUBLIC HEALTH SERVICE
SUBCHAPTER II-GENERAL POWERS AND DUTIES
Part A-Research and Investigations
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Source Credit
Amendments
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Effective Date
Miscellaneous
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Executive Documents

§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

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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.
(e) Preterm labor and delivery and infant mortality
The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall
expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with
respect to preterm labor and delivery and infant mortality.

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(July 1, 1944, ch. 373, title III, §301, 58 Stat. 691 ; July 3, 1946, ch. 538, §7(a), (b), 60 Stat. 423 ; June 16,
1948, ch. 481, §4(e), (f), 62 Stat. 467 ; June 24, 1948, ch. 621, §4(e), (f), 62 Stat. 601 ; June 25, 1948, ch.
654, §1, 62 Stat. 1017 ; July 3, 1956, ch. 510, §4, 70 Stat. 490 ; Pub. L. 86–798, Sept. 15, 1960, 74 Stat.
1053 ; Pub. L. 87–838, §2, Oct. 17, 1962, 76 Stat. 1073 ; Pub. L. 89–115, §3, Aug. 9, 1965, 79 Stat. 448 ;
Pub. L. 90–174, §9, Dec. 5, 1967, 81 Stat. 540 ; Pub. L. 91–513, title I, §3(a), Oct. 27, 1970, 84 Stat. 1241 ;
Pub. L. 91–515, title II, §292, Oct. 30, 1970, 84 Stat. 1308 ; Pub. L. 92–218, §6(a)(2), Dec. 23, 1971, 85
Stat. 785 ; Pub. L. 92–423, §7(b), Sept. 19, 1972, 86 Stat. 687 ; Pub. L. 93–282, title I, §122(b), May 14,
1974, 88 Stat. 132 ; Pub. L. 93–348, title I, §104(a)(1), July 12, 1974, 88 Stat. 346 ; Pub. L. 93–352, title I,
§111, July 23, 1974, 88 Stat. 360 ; Pub. L. 94–278, title I, §111, Apr. 22, 1976, 90 Stat. 405 ; Pub. L. 95–
622, title II, §§261, 262, Nov. 9, 1978, 92 Stat. 3434 ; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat.
695 ; Pub. L. 99–158, §3(a)(5), Nov. 20, 1985, 99 Stat. 879 ; Pub. L. 99–570, title IV, §4021(b)(2), Oct. 27,
1986, 100 Stat. 3207–124 ; Pub. L. 99–660, title I, §104, Nov. 14, 1986, 100 Stat. 3751 ; Pub. L. 100–607,
title I, §163(1), (2), Nov. 4, 1988, 102 Stat. 3062 ; Pub. L. 103–43, title XX, §2009, June 10, 1993, 107 Stat.
213 ; Pub. L. 109–450, §3(a), Dec. 22, 2006, 120 Stat. 3341 .)

AMENDMENTS
2006-Subsec. (e). Pub. L. 109–450 added subsec. (e).
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, §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, §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

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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, §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, §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, §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, §104(a)(1)(C), redesignated subsec. (h) as (g). Former subsec. (g)
redesignated (f).
Subsecs. (h), (i). Pub. L. 93–348, §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, §4(e), and June 24, 1948, §4(e), made provisions
applicable to the National Advisory Heart Council and the National Advisory Dental Research
Council, respectively.

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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, §4(f), and June 24, 1948, §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.

COORDINATION OF DATA SURVEYS AND REPORTS
Pub. L. 106–113, div. B, §1000(a)(6) [title VII, §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, §101(d) [title V, §520], Apr. 26, 1996, 110 Stat. 1321–211 , 1321-250;
renumbered title I, Pub. L. 104–140, §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.

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"(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
Pub. L. 103–43, title XIX, §1910, June 10, 1993, 107 Stat. 205 , 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
Pub. L. 100–607, title I, §161, Nov. 4, 1988, 102 Stat. 3059 , as amended by Pub. L. 102–
531, title III, §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
Pub. L. 100–607,title I, §162, Nov. 4, 1988, 102 Stat. 3060, 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

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Pub. L. 100–607, title VI, §632, Nov. 4, 1988, 102 Stat. 3147 , 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, §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 [42 U.S.C. 241] 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, §7, Jan. 4, 1983, 96 Stat. 2059 , as amended by Pub. L. 109–482, title I,
§104(b)(3)(A), Jan. 15, 2007, 120 Stat. 3694 , provided that:
"(a) In carrying out section 301 of the Public Health Service Act [42 U.S.C. 241], 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; and
"(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.
"(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."

TERMINATION OF ADVISORY COMMITTEES

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Pub. L. 93–641, §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.

EXECUTIVE ORDER NO. 13435
Ex. Ord. No. 13435, June 20, 2007, 72 F.R. 34591, which directed research with stem cells
not derived from the creation or destruction of a human embryo or fetus, was revoked by Ex.
Ord. No. 13505, §5(b), Mar. 9, 2009, 74 F.R. 10668, set out below.

EX. ORD. NO. 13505. REMOVING BARRIERS TO RESPONSIBLE SCIENTIFIC
RESEARCH INVOLVING HUMAN STEM CELLS
Ex. Ord. No. 13505, Mar. 9, 2009, 74 F.R. 10667, provided:
By the authority vested in me as President by the Constitution and the laws of the United
States of America, it is hereby ordered as follows:
Section 1. Policy. Research involving human embryonic stem cells and human non-embryonic
stem cells has the potential to lead to better understanding and treatment of many disabling
diseases and conditions. Advances over the past decade in this promising scientific field have
been encouraging, leading to broad agreement in the scientific community that the research
should be supported by Federal funds.
For the past 8 years, the authority of the Department of Health and Human Services,
including the National Institutes of Health (NIH), to fund and conduct human embryonic stem
cell research has been limited by Presidential actions. The purpose of this order is to remove
these limitations on scientific inquiry, to expand NIH support for the exploration of human stem
cell research, and in so doing to enhance the contribution of America's scientists to important
new discoveries and new therapies for the benefit of humankind.
Sec. 2. Research. The Secretary of Health and Human Services (Secretary), through the
Director of NIH, may support and conduct responsible, scientifically worthy human stem cell
research, including human embryonic stem cell research, to the extent permitted by law.
Sec. 3. Guidance. Within 120 days from the date of this order, the Secretary, through the
Director of NIH, shall review existing NIH guidance and other widely recognized guidelines on
human stem cell research, including provisions establishing appropriate safeguards, and issue
new NIH guidance on such research that is consistent with this order. The Secretary, through
NIH, shall review and update such guidance periodically, as appropriate.
Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to
budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity, by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.
Sec. 5. Revocations. (a) The Presidential statement of August 9, 2001, limiting Federal funding
for research involving human embryonic stem cells, shall have no further effect as a statement
of governmental policy.
(b) Executive Order 13435 of June 20, 2007, which supplements the August 9, 2001,
statement on human embryonic stem cell research, is revoked.
BARACK OBAMA.

GUIDELINES FOR HUMAN STEM CELL RESEARCH
Memorandum of President of the United States, July 30, 2009, 74 F.R. 38885, provided:
Memorandum for the Heads of Executive Departments and Agencies

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As outlined in Executive Order 13505 of March 9, 2009, my Administration is committed to
supporting and conducting ethically responsible, scientifically worthy human stem cell research,
including human embryonic stem cell research, to the extent permitted by law. Pursuant to that
order, the National Institutes of Health (NIH) published final "National Institutes of Health
Guidelines for Human Stem Cell Research" (Guidelines), effective July 7, 2009. These
Guidelines apply to the expenditure of NIH funds for research using human embryonic stem
cells and certain uses of human induced pluripotent stem cells. The Guidelines are based on
the principles that responsible research with human embryonic stem cells has the potential to
improve our understanding of human biology and aid in the discovery of new ways to prevent
and treat illness, and that individuals donating embryos for research purposes should do so
freely, with voluntary and informed consent. These Guidelines will ensure that NIH-funded
research adheres to the highest ethical standards.
In order to ensure that all federally funded human stem cell research is conducted according
to these same principles and to promote a uniform Federal policy across the executive branch, I
hereby direct the heads of executive departments and agencies that support and conduct stem
cell research to adopt these Guidelines, to the fullest extent practicable in light of legal
authorities and obligations. I also direct those departments and agencies to submit to the
Director of the Office of Management and Budget (OMB), within 90 days, proposed additions or
revisions to any other guidance, policies, or procedures related to human stem cell research,
consistent with Executive Order 13505 and this memorandum. The Director of the OMB shall, in
coordination with the Director of NIH, review these proposals to ensure consistent
implementation of Executive Order 13505 and this memorandum.
This memorandum is not intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.
Executive departments and agencies shall carry out the provisions of this memorandum to the
extent permitted by law and consistent with their statutory and regulatory authorities and their
enforcement mechanisms.
The Director of the OMB is hereby authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA.

ENGAGING IN PUBLIC HEALTH RESEARCH ON THE CAUSES AND PREVENTION OF
GUN VIOLENCE
Memorandum of President of the United States, Jan. 16, 2013, 78 F.R. 4295, provided that:
Memorandum for the Secretary of Health and Human Services
In addition to being a law enforcement challenge, gun violence is also a serious public health
issue that affects thousands of individuals, families, and communities across the Nation. Each
year in the United States there are approximately 30,000 firearm-related deaths, and
approximately 11,000 of those deaths result from homicides. Addressing this critical issue
requires a comprehensive, multifaceted approach.
Recent research suggests that, in developing such an approach, a broader public health
perspective is imperative. Significant strides can be made by assessing the causes of gun
violence and the successful efforts in place for preventing the misuse of firearms. Taking these
steps will improve our understanding of the gun violence epidemic and will aid in the continued
development of gun violence prevention strategies.
Therefore, by the authority vested in me as President by the Constitution and the laws of the
United States of America, I hereby direct the following:
Section 1. Research. The Secretary of Health and Human Services (Secretary), through the
Director of the Centers for Disease Control and Prevention and other scientific agencies within
the Department of Health and Human Services, shall conduct or sponsor research into the
causes of gun violence and the ways to prevent it. The Secretary shall begin by identifying the
most pressing research questions with the greatest potential public health impact, and by

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assessing existing public health interventions being implemented across the Nation to prevent
gun violence.
Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to
budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the
availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.
Sec. 3. Publication. You are hereby authorized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA.

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