U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

National Center for Health Statistics

Hyattsville, Maryland

February 2000

Current Legislative

Authorities

of the National Center for

Health Statistics

Enacted as of November 1999
Public laws establishing or

amending authorities for the National

Center for Health Statistics

Public law

number

July 3, 1956 National Health Survey Act 84–652

October 30, 1970 Heart Disease, Cancer, Stroke, and Kidney

Disease Amendments of 1970

91–515

June 18, 1973 Health Programs Extension Act of 1973 93–45

July 23, 1974 Health Services Research and 93–353

Evaluation and Health Statistics Act of

1974

August 1, 1977 Health Planning and Health Services and

Statistics Extension Act of 1977

95–83

November 9, 1978 Health Services Research, Health 95–623

Statistics, and Health Care

Technology Act of 1978

August 13, 1981 Omnibus Budget Reconciliation Act of 1981 97–35

January 4, 1983 Orphan Drug Act 97–414

October 30, 1984 Health Promotion and Disease 98–551

Prevention Amendments of 1984

December 1, 1987 Public Health Service Amendments of 1987 100–177

December 19, 1989 Omnibus Budget Reconciliation Act of 1989 101–239

November 6, 1990 Disadvantaged Minority Health 101–527

Improvement Act of 1990

December 14, 1993 Preventive Health Amendments of 1993 103–183

August 21, 1996 Health Insurance Portability and

Accountability Act of 1996

104–191

October 31, 1998 Women’s Health Research and Prevention

Amendments of 1998

105–340

November 13, 1998 Health Professions Education

Partnerships Act of 1998

105–392

Citation of legislative authorities for the National

Center for Health Statistics

The following are preferred citations for National Center for Health Statistics legislative

authority and can be used interchangeably:

+ Section 306 of the Public Health Service Act, as amended

+ 42 U.S.C. 242k

The second citation is a reference to the United States Code, the codification of laws.

ii
Contents

Background

Public laws establishing or amending authorities for the National Center for

Health Statistics .................................................... ii

Citation of legislative authorities for the National Center for Health Statistics . . . ii

Legislative history of the National Center for Health Statistics ................ v

Highlights

section page

Excerpts from the Public Health Service Act

General authority respecting research, evaluations, and

demonstrations in health statistics, health services, and

health care technology assessment .................... 304 ............ 1

Coordination of research, evaluation, and statistics .... (c) ............ 2

National Center for Health Statistics ................... 306 ............. 2

Establishment of the National Center for Health

Statistics ..................................... (a) ............. 2

Statistical, research, and epidemiological activities .... (b) ............. 2

Reimbursable work program ...................... (b)(4) ........... 3

Model State laws ............................... (d).............. 3

Cooperative Health Statistics System ............... (e) .............. 3

Standard vital statistics certificates ................. (g).............. 4

Collection of vital statistics ....................... (h)(1) ........... 4

Annual sample survey ........................... (h)(2) ........... 4

Technical assistance in use of statistics ............. (i) .............. 4

Coordination of statistics within Health and

Human Services ............................... (j) .............. 4

National Committee on Vital and Health Statistics .... (k).............. 5

Data on ethnic and racial populations ............... (l) .............. 7

Minority health statistics grants program ............ (m) ............. 7

Authorization of funds ........................... (n).............. 7

International cooperation ............................. 307 ............. 8

General provisions respecting effectiveness, efficiency, and

quality of health services ........................... 308 ............. 8

Health, United States ............................ (a) .............. 8

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section page

Grants, contracts, and peer review ................. (b,e,f) ........ 9, 10

Standards for statistics ........................... (c) .............. 9

Confidentiality protections ........................ (d).............. 9

Selected authorities outside the Public Health Service Act ................... 11

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Legislative history of the National

Center for Health Statistics

The National Center for Health Statistics (NCHS) is the Federal Government’s principal

health statistics agency. The NCHS mandate from Congress addresses the full spectrum of

concerns in the health field from birth to death, including overall health status, life style

and exposure to unhealthful influences, the onset and diagnosis of illness and disability,

and the use and financing of health care and rehabilitation services. The authorizing

legislation, reprinted in this book, is the accumulation of over 40 years and a dozen public

laws. The key milestones in the evolution of NCHS authorities include the following:

+ The initial basis for NCHS surveys was the National Health Survey Act (P.L.

84–652), enacted on July 3, 1956. This Act called for a continuing survey and special

studies on the Nation’s health. It also provided for studying methods and survey

techniques for securing this statistical information and for disseminating results of

these surveys or studies.

+ The NCHS was administratively established as an organizational entity in the Public

Health Service in 1960. The Center was created through a merging of the National

Health Survey and the National Office of Vital Statistics. Responsibility for vital

statistics had been transferred to the Public Health Service from the U.S. Bureau of

the Census in 1946.

+ The NCHS confidentiality protections and a cooperative system for collecting

national statistics were legislated in 1970. The Heart Disease, Cancer, Stroke, and

Kidney Disease Amendments of 1970 (P.L. 91–515) established confidentiality

provisions for national health surveys that remain (with minor amendments) in the

current authority (section 308(d)). These amendments also called for the design and

implementation of a cooperative system for Federal and State level data collection.

+ The Health Services Research and Evaluation and Health Statistics Act of 1974 (P.L.

93–353) established NCHS in law and codified its mandate and authorities under

section 306 of the Public Health Service Act. Although this section (and sections 304

and 308, which also relate to NCHS) have been amended numerous times since 1974,

this law contained the preponderance of what is currently the Center’s legislative

authority. The Act called for NCHS to collect a broad range of statistics on the illness

and disability of the population of the United States.

It also provided for the annual collection of data from records of births, deaths,

marriages, and divorces. In addition, the Act called for the Center to undertake and

support research, demonstrations, and evaluations regarding survey methods and to

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provide technical assistance to State and local jurisdictions. The Act also established

the National Committee on Vital and Health Statistics, an expert advisory committee

to the Secretary.

+ Building on authority established in 1970, the Cooperative Health Statistics System

was formally instituted in 1978 (P.L. 95–623). Authority for this program included the

support, coordination, and evaluation of State and Federal health statistics systems.

+ In 1989 the Congress established the Agency for Health Care Policy and Research to

support studies of health care effectiveness and outcomes. In the process legislative

authority for the National Center for Health Services Research (NCHSR) was deleted.

Because NCHS and NCHSR were jointly authorized by portions of the Public Health

Service Act, a number of technical and conforming amendments were made to NCHS

authorities by this law, P.L. 101–239.

+ In the Disadvantaged Minority Health Improvement Act of 1990 (P.L. 101–527),

NCHS was given a new mandate to obtain more detailed data on racial and ethnic

populations and subpopulations. New authorities in this Act called for NCHS to

improve racial and ethnic detail through vital statistics and national surveys and to

establish a grants program for special studies, analyses, and methodological research

on minority populations.

Like many other programs of the Public Health Service, NCHS is authorized for a

certain number of years by act of Congress. A dozen public laws have established,

amended, or extended NCHS authorities; many of these laws have made only minor

changes or extended the authorization without change.

vi
Excerpts from the

Public Health Service Act

General authority respecting research, evaluations, and

demonstrations in health statistics, health services, and

health care technology assessment

Sec. 304 [242b] (a) The Secretary may, through the Agency for Health Care Policy and

Research 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 306 and in title IX.

(b) To implement subsection (a) and section 306, the Secretary may, in addition to any

other authority which under other provisions of this Act 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, United States Code, 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 305, 306, and 309, obtain

(in accordance with section 3109 of title 5 of the United States Code, 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.

(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

the Act of March 3, 1877 (40 U.S.C. 34), 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.

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(c) (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 Health Care Policy and Research 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 Act through the Agency for Health Care Policy and

Research and the National Center for Health Statistics.

National Center for Health Statistics

Sec. 306 [242k] (a) There is established in the Department of Health and Human

Services the National Center for Health Statistics (hereinafter in this section referred to as

the ‘‘Center’’) which shall be under the direction of a Director who shall be appointed by

the Secretary. The Secretary, acting through the Center, shall conduct and support

statistical and epidemiological activities for the purpose of improving the effectiveness,

efficiency, and quality of health services in the United States.

(b) In carrying out subsection (a), the Secretary, acting through the Center—

(1) shall collect statistics on—

(A) the extent and nature of illness and disability of the population of the

United States (or of any groupings of the people included in the population),

including life expectancy, the incidence of various acute and chronic illnesses,

and infant and maternal morbidity and mortality,

(B) the impact of illness and disability of the population on the economy of

the United States and on other aspects of the well-being of its population (or

of such groupings),

(C) environmental, social, and other health hazards,

(D) determinants of health,

(E) health resources, including physicians, dentists, nurses, and other health

professionals by specialty and type of practice and the supply of services by

hospitals, extended care facilities, home health agencies, and other health

institutions,

(F) utilization of health care, including utilization of (i) ambulatory health

services by specialties and types of practice of the health professionals

providing such services, and (ii) services of hospitals, extended care facilities,

home health agencies, and other institutions,

(G) health care costs and financing, including the trends in health care

prices and cost, the sources of payments for health care services, and Federal,

State, and local governmental expenditures for health care services, and

(H) family formation, growth, and dissolution;

(2) shall undertake and support (by grant or contract) research, demonstrations, and

evaluations respecting new or improved methods for obtaining current data on the

matters referred to in paragraph (1);

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(3) may undertake and support (by grant or contract) epidemiological research,

demonstrations, and evaluations on the matters referred to in paragraph (1); and

(4) may collect, furnish, tabulate, and analyze statistics, and prepare studies, on

matters referred to in paragraph (1) upon request of public and nonprofit private

entities under arrangements under which the entities will pay the cost of the service

provided.

Amounts appropriated to the Secretary from payments made under arrangements made

under paragraph (4) shall be available to the Secretary for obligation until expended.

(c) The Center shall furnish such special statistical and epidemiological compilations

and surveys as the Committee on Labor and Human Resources and the Committee on

Appropriations of the Senate and the Committee on Energy and Commerce and the

Committee on Appropriations of the House of Representatives may request. Such

statistical and epidemiological compilations and surveys shall not be made subject to the

payment of the actual or estimated cost of the preparation of such compilations and

surveys.

(d) To insure comparability and reliability of health statistics, the Secretary shall,

through the Center, provide adequate technical assistance to assist State and local

jurisdictions in the development of model laws dealing with issues of confidentiality and

comparability of data.

(e) For the purpose of producing comparable and uniform health information and

statistics, there is established the Cooperative Health Statistics System. The Secretary,

acting through the Center, shall—

(1) coordinate the activities of Federal agencies involved in the design and

implementation of the System;

(2) undertake and support (by grant or contract) research, development, demonstrations, and evaluations respecting the System;

(3) make grants to and enter into contracts with State and local health agencies to

assist them in meeting the costs of data collection and other activities carried out

under the System; and

(4) review the statistical activities of the Department of Health and Human Services

to assure that they are consistent with the System.

States participating in the System shall designate a State agency to administer or be

responsible for the administration of the statistical activities within the State under the

System. The Secretary, acting through the Center, shall prescribe guidelines to assure that

statistical activities within States participating in the System produce uniform and timely

data and assure appropriate access to such data.

(f) To assist in carrying out this section, the Secretary, acting through the Center, shall

cooperate and consult with the Departments of Commerce and Labor and any other

interested Federal departments or agencies and with State and local health departments

and agencies. For such purpose he shall utilize insofar as possible the services or facilities

of any agency of the Federal Government and, without regard to section 3709 of the

Revised Statutes (41 U.S.C. 5), of any appropriate State or other public agency, and may,

3
without regard to such section, utilize the services or facilities of any private agency,

organization, group, or individual, in accordance with written agreements between the

head of such agency, organization, or group and the Secretary or between such individual

and the Secretary. Payment, if any, for such services or facilities shall be made in such

amounts as may be provided in such agreement.

(g) To secure uniformity in the registration and collection of mortality, morbidity, and

other health data, the Secretary shall prepare and distribute suitable and necessary forms

for the collection and compilation of such data.

(h)(1) There shall be an annual collection of data from the records of births, deaths,

marriages, and divorces in registration areas. The data shall be obtained only from and

restricted to such records of the States and municipalities which the Secretary, in his

discretion, determines possess records affording satisfactory data in necessary detail and

form. The Secretary shall encourage States and registration areas to obtain detailed data

on ethnic and racial populations, including subpopulations of Hispanics, Asian Americans,

and Pacific Islanders with significant representation in the State or registration area. Each

State or registration area shall be paid by the Secretary the Federal share of its reasonable

costs (as determined by the Secretary) for collecting and transcribing (at the request of the

Secretary and by whatever method authorized by him) its records for such data.

(2) There shall be an annual collection of data from a statistically valid sample

concerning the general health, illness, and disability status of the civilian noninstitutionalized population. Specific topics to be addressed under this paragraph, on an annual or

periodic basis, shall include the incidence of illness and accidental injuries, prevalence of

chronic diseases and impairments, disability, physician visits, hospitalizations, and the

relationship between demographic and socioeconomic characteristics and health characteristics.

(i) The Center may provide to public and nonprofit private entities technical assistance

in the effective use in such activities of statistics collected or compiled by the Center.

(j) In carrying out the requirements of section 304(c) and paragraph (1) of subsection

(e) of this section, the Secretary shall coordinate health statistical and epidemiological

activities of the Department of Health and Human Services by—

(1) establishing standardized means for the collection of health information and

statistics under laws administered by the Secretary;

(2) developing, in consultation with the National Committee on Vital and Health

Statistics, and maintaining the minimum sets of data needed on a continuing basis to

fulfill the collection requirements of subsection (b)(1);

(3) after consultation with the National Committee on Vital and Health Statistics,

establishing standards to assure the quality of health statistical and epidemiological

data collection, processing, and analysis;

(4) in the case of proposed health data collections of the Department which are

required to be reviewed by the Director of the Office of Management and Budget

under section 3509 of title 44, United States Code, reviewing such proposed

collections to determine whether they conform with the minimum sets of data and the

standards promulgated pursuant to paragraphs (2) and (3), and if any such proposed

collection is found not to be in conformance, by taking such action as may be

necessary to assure that it will conform to such sets of data and standards, and

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(5) periodically reviewing ongoing health data collections of the Department,

subject to review under such section 3509, to determine if the collections are being

conducted in accordance with the minimum sets of data and the standards promulgated pursuant to paragraphs (2) and (3) and, if any such collection is found not to be

in conformance, by taking such action as may be necessary to assure that the

collection will conform to such sets of data and standards not later than the nineteenth

day after the date of the completion of the review of the collection.

(k)(1) There is established in the Office of the Secretary a committee to be known as the

National Committee on Vital and Health Statistics (hereinafter in this subsection, referred

to as the ‘‘Committee’’) which shall consist of 18 members.

(2) The members of the Committee shall be appointed from among persons who

have distinguished themselves in the fields of health statistics, electronic interchange

of health care information, privacy and security of electronic information, populationbased public health, purchasing or financing health care services, integrated computerized health information systems, health services research, consumer interests in

health information, health data standards, epidemiology, and the provision of health

services. Members of the Committee shall be appointed for terms of 4 years.

(3) Of the members of the Committee—

(A) 1 shall be appointed, not later than 60 days after the date of the enactment

of the Health Insurance Portability and Accountability Act of 1996, by the Speaker

of the House of Representatives after consultation with the Minority Leader of the

House of Representatives;

(B) 1 shall be appointed, not later than 60 days after the date of the enactment

of the Health Insurance Portability and Accountability Act of 1996, by the

President pro tempore of the Senate after consultation with the Minority Leader of

the Senate; and

(C) 16 shall be appointed by the Secretary.

(4) Members of the Committee shall be compensated in accordance with section

208(c).

(5) The Committee—

(A) shall assist and advise the Secretary—

(i) to delineate statistical problems bearing on health and health services

which are of national or international interest;

(ii) to stimulate studies of such problems by other organizations and

agencies whenever possible or to make investigations of such problems

through subcommittees;

(iii) to determine, approve, and revise the terms, definitions, classifications, and guidelines for assessing health status and health services, their

distribution and costs, for use (I) within the Department of Health and

Human Services, (II) by all programs administered or funded by the

Secretary, including the Federal-State-local cooperative health statistics

system referred to in subsection (e), and (III) to the extent possible as

determined by the head of the agency involved, by the Department of

Veterans Affairs, the Department of Defense, and other Federal agencies

concerned with health and health services;

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(iv) with respect to the design of and approval of health statistical and

health information systems concerned with the collection, processing, and

tabulation of health statistics within the Department of Health and Human

Services, with respect to the Cooperative Health Statistics System established under subsection (e), and with respect to the standardized means for

the collection of health information and statistics to be established by the

Secretary under subsection (j)(1);

(v) to review and comment on findings and proposals developed by other

organizations and agencies and to make recommendations for their

adoption or implementation by local, State, national, or international

agencies;

(vi) to cooperate with national committees of other countries and with

the World Health Organization and other national agencies in the studies of

problems of mutual interest;

(vii) to issue an annual report on the state of the Nation’s health, its

health services, their costs and distributions, and to make proposals for

improvement of the Nation’s health statistics and health information

systems; and

(viii) in complying with the requirements imposed on the Secretary

under part C of title XI of the Social Security Act;

(B) shall study the issues related to the adoption of uniform data standards for

patient medical record information and the electronic exchange of such information;

(C) shall report to the Secretary not later than 4 years after the date of the

enactment of the Health Insurance Portability and Accountability Act of 1996

recommendations and legislative proposals for such standards and electronic

exchange; and

(D) shall be responsible generally for advising the Secretary and the Congress

on the status of the implementation of part C of title XI of the Social Security Act.

(6) In carrying out health statistical activities under this part, the Secretary shall

consult with, and seek the advice of, the Committee and other appropriate professional advisory groups.

(7) Not later than 1 year after the date of the enactment of the Health Insurance

Portability and Accountability Act of 1996, and annually thereafter, the Committee

shall submit to the Congress, and make public, a report regarding the implementation

of part C of title XI of the Social Security Act. Such report shall address the following

subjects, to the extent that the Committee determines appropriate:

(A) The extent to which persons required to comply with part C of title XI of

the Social Security Act are cooperating in implementing the standards adopted

under such part.

(B) The extent to which such entities are meeting the security standards

adopted under such part and the types of penalties assessed for noncompliance

with such standards.

(C) Whether the Federal and State Governments are receiving information of

sufficient quality to meet their responsibilities under such part.

(D) Any problems that exist with respect to implementation of such part.

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(E) The extent to which timetables under such part are being met.

(l) In carrying out this section, the Secretary, acting through the Center, shall collect and

analyze adequate health data that is specific to particular ethnic and racial populations,

including data collected under national health surveys. Activities carried out under this

subsection shall be in addition to any activities carried out under subsection (m).

(m)(1) The Secretary, acting through the Center, may make grants to public and

nonprofit private entities for—

(A) the conduct of special surveys or studies on the health of ethnic and racial

populations or subpopulations;

(B) analysis of data on ethnic and racial populations and subpopulations; and

(C) research on improving methods for developing statistics on ethnic and racial

populations and subpopulations.

(2) The Secretary, acting through the Center, may provide technical assistance,

standards, and methodologies to grantees supported by this subsection in order to

maximize the data quality and comparability with other studies.

(3) Provisions of section 308(d) do not apply to surveys or studies conducted by

grantees under this subsection unless the Secretary, in accordance with regulations the

Secretary may issue, determines that such provisions are necessary for the conduct of

the survey or study and receives adequate assurance that the grantee will enforce such

provisions.

(4)(A) Subject to subparagraph (B), the Secretary, acting through the Center, shall

collect data on Hispanics and major Hispanic subpopulation groups and American

Indians, and for developing special area population studies on major Asian American

and Pacific Islander populations.

(B) The provisions of subparagraph (A) shall be effective with respect to a fiscal

year only to the extent that funds are appropriated pursuant to paragraph (3) of

subsection (n), and only if the amounts appropriated for such fiscal year pursuant

to each of paragraphs (1) and (2) of subsection (n) equal or exceed the amounts so

appropriated for fiscal year 1997.

(n)(1) For health statistical and epidemiological activities undertaken or supported

under subsections (a) through (l), there are authorized to be appropriated such sums as

may be necessary for each of the fiscal years 1991 through 2003.

(2) For activities authorized in paragraphs (1) through (3) of subsection (m), there

are authorized to be appropriated such sums as may be necessary for each of the fiscal

years 1999 through 2003. Of such amounts, the Secretary shall use not more than

10 percent for administration and for activities described in subsection (m)(2).

(3) For activities authorized in subsection (m) (4), there are authorized to be appropriated $1,000,000 for fiscal year 1998, and such sums as may be necessary for each of

the fiscal years 1999 through 2002.

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International cooperation

Sec. 307 [242l] (a) For the purpose of advancing the status of the health sciences in the

United States (and thereby the health of the American people), the Secretary may

participate with other countries in cooperative endeavors in biomedical research, health

care technology, and the health services research and statistical activities authorized by

section 306 and by title IX.

(b) In connection with the cooperative endeavors authorized by subsection (a), the

Secretary may—

(1) make such use of resources offered by participating foreign countries as he may

find necessary and appropriate;

(2) establish and maintain fellowships in the United States and in participating

foreign countries;

(3) make grants to public institutions or agencies and to nonprofit private

institutions or agencies in the United States and in participating foreign countries for

the purpose of establishing and maintaining the fellowships authorized by paragraph

(2);

(4) make grants or loans of equipment and materials, for use by public or nonprofit

private institutions or agencies, or by individuals, in participating foreign countries;

(5) participate and otherwise cooperate in any international meetings, conferences,

or other activities concerned with biomedical research, health services research,

health statistics, or health care technology;

(6) facilitate the interchange between the United States and participating foreign

countries, and among participating foreign countries, of research scientists and

experts who are engaged in experiments or programs of biomedical research, health

services research, health statistical activities, or health care technology activities, and

in carrying out such purpose may pay per diem compensation, subsistence, and travel

for such scientists and experts when away from their places of residence at rates not

to exceed those provided in section 5703(b) of title 5, United States Code, for persons

in the Government service employed intermittently;

(7) procure, in accordance with section 3109 of title 5, United States Code, the

temporary or intermittent services of experts or consultants; and

The Secretary may not, in the exercise of his authority under this section, provide financial

assistance for the construction of any facility in any foreign country.

(8) enter into contracts with individuals for the provision of services (as defined in

section 104 of part 37 of title 48, Code of Federal Regulations (48 CFR 37.104)) in

participating foreign countries, which individuals may not be deemed employees of

the United States for any purpose.

(c) The Secretary may provide to personnel appointed or assigned by the Secretary to

serve abroad, allowances and benefits similar to those provided under chapter 9 of title I

of the Foreign Service Act of 1990 (22 U.S.C. 4081 et seq.). Leaves of absence for

personnel under this subsection shall be on the same basis as that provided under

subchapter I of chapter 63 of title 5, United States Code, to individuals serving in the

Foreign Service.

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General provisions respecting effectiveness, efficiency, and quality of

health services

Sec. 308 [242m] (a)(1) Not later than March 15 of each year, the Secretary shall submit

to the President and Congress the following reports:

(A) A report on health care costs and financing. Such report shall include a

description and analysis of the statistics collected under section 306(b)(1)(G).

(B) A report on health resources. Such report shall include a description and

analysis, by geographical area, of the statistics collected under section

306(b)(1)(E).

(C) A report on the utilization of health resources. Such report shall include a

description and analysis, by age, sex, income, and geographic area, of the statistics

collected under section 306(b)(1)(F).

(D) A report on the health of the Nation’s people. Such report shall include a

description and analysis, by age, sex, income, and geographic area, of the statistics

collected under section 306(b)(1)(A).

(2) The reports required in paragraph (1) shall be prepared through the National

Center for Health Statistics.

(3) The Office of Management and Budget may review any report required by

paragraph (1) of this subsection before its submission to Congress, but the Office may

not revise any such report or delay its submission beyond the date prescribed for its

submission, and may submit to Congress its comments respecting any such report.

(b)(1) No grant or contract may be made under section 304, 306, or 307, unless an

application therefor has been submitted to the Secretary in such form and manner, and

containing such information, as the Secretary may by regulation prescribe and unless a

peer review group referred to in paragraph (2) has recommended the application for

approval.

(2)(A) Each application submitted for a grant or contract under section 306 in an

amount exceeding $50,000 of direct costs and for a health services research,

evaluation, or demonstration project, or for a grant under section 306(m), shall be

submitted to a peer review group for an evaluation of the technical and scientific

merits of the proposals made in each such application. The Director of the National

Center for Health Statistics shall establish such peer review groups as may be

necessary to provide for such an evaluation of each such application.

(B) A peer review group to which an application is submitted pursuant to

subparagraph (A) shall report its finding and recommendations respecting the

application to the Secretary, acting through the Director of the National Center for

Health Statistics, in such form and manner as the Secretary shall by regulation

prescribe. The Secretary may not approve an application described in such

subparagraph unless a peer review group has recommended the application for

approval.

(C) The Secretary, acting through the Director of the National Center for Health

Statistics, shall make appointments to the peer review groups required in

subparagraph (A) from among persons who are not officers or employees of the

United States and who possess appropriate technical and scientific qualifications,

9
except that peer review groups regarding grants under section 306(m) may include

appropriately qualified such officers and employees.

(c) The Secretary shall take such action as may be necessary to assure that statistics

developed under sections 304 and 306 are of high quality, timely, comprehensive as well

as specific, standardized, and adequately analyzed and indexed, and shall publish, make

available, and disseminate such statistics on as wide a basis as is practicable.

(d) No information, if an establishment or person supplying the information or

described in it is identifiable, obtained in the course of activities undertaken or supported

under section 304, 306, or 307 may be used for any purpose other than the purpose for

which it was supplied unless such establishment or person has consented (as determined

under regulations of the Secretary) to its use for such other purpose and in the case of

information obtained in the course of health statistical or epidemiological activities under

section 304 or 306, such information may not be published or released in other form if the

particular establishment or person supplying the information or described in it is

identifiable unless such establishment or person has consented (as determined under

regulations of the Secretary) to its publication or release in other form.

(e)(1) Payments of any grant or under any contract under section 304, 306, or 307 may

be made in advance or by way of reimbursement, and in such installments and on such

conditions, as the Secretary deems necessary to carry out the purposes of such section.

(2) The amounts otherwise payable to any person under a grant or contract made

under section 304, 306, or 307 shall be reduced by—

(A) amounts equal to the fair market value of any equipment or supplies

furnished to such person by the Secretary for the purpose of carrying out the

project with respect to which such grant or contract is made, and

(B) amounts equal to the pay, allowances, traveling expenses, and related

personnel expenses attributable to the performance of services by an officer or

employee of the Government in connection with such project, if such officer or

employee was assigned or detailed by the Secretary to perform such services,

but only if such person requested the Secretary to furnish such equipment or supplies,

or such services, as the case may be.

(f) Contracts may be entered into under section 304 or 306 without regard to section

3324 of title 31, United States Code, and section 3709 of the Revised Statutes (41 U.S.C.

5).

10
Selected authorities outside the Public Health

Service Act

Public Law

number Date Title

101–445 10/22/90 National Nutrition Monitoring and Related Research

Act of 1990

Mandated a coordinated, 10-year program to

improve the data for monitoring nutrition status, and

to improve the comparability of nutrition

monitoring data collected by DHHS and USDA;

established a National Nutrition Monitoring

Advisory Council; and established new procedures

for review and clearance of dietary guidance.

102–531 10/27/92 Preventive Health Amendments of 1992

Authorized the funding of activities related to State

efforts to meet Year 2000 Objectives through the

preventive health and health services block grant.

104–208 9/30/96 Illegal Immigration Reform and Immigrant

Responsibility Act of 1996

Required the development of standards for copies of

birth certificates. Birth certificates issued 4 years

after enactment are required to conform to these

standards. The law also created grant programs to

assist States in meeting these standards and in

improving their death records.

11
PHS 2000-1303

9-0796 (2/2000)