Health Services Amendments of 1985
PL 99-117 (S.1689), enacted 10/07/1985

PUBLIC LAW 99-117—OCT. 7, 1985 
99 STAT. 491 
Public Law 99-117 
99th Congress 
An Act 
To amend various provisions of the Public Health Service Act. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) this Act 
may be cited as the "Health Services Amendments of 1985". 
(b) Except as otherwise specifically provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment to, 
or a repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Public 
Health Service Act. 
Oct. 7, 1985 
[S. 1689] 
Health Services 
Amendments of 
1985. 
42 u s e 201 note. 
42 u s e 201 note. 
HANSEN S DISEASE PROGRAM 
SEC. 2. (a) Section 320 is amended to read as follows: 
"HANSEN'S DISEASE PROGRAM 
"SEC. 320. (a) The Secretary— 
"(1) shall provide care and treatment (including outpatient 
care) without charge at the Gillis W. Long Hansen's Disease 
Center in Carville, Louisiana, to any person suffering from 
Hansen's disease who needs and requests care and treatment 
for that disease; and 
"(2) may provide for the care and treatment (including out-
patient care) of Hansen's disease without charge for any person 
who requests such care and treatment. 
"(b) The Secretary shall make payments to the Board of Health of 
Hawaii for the care and treatment (including outpatient care) in its 
facilities of persons suffering from Hansen's disease at a rate, 
determined from time to time by the Secretary, which shall, subject 
to the availability of appropriations, be approximately equal to the 
operating cost per patient of those facilities, except that the rate 
determined by the Secretary shall not be greater than the com-
parable operating cost per Hansen's disease patient at the Gillis W. 
Long Hansen's Disease Center in Carville, Louisiana.". 
(b) The Public Health Service Facility in Carville, Louisiana, shall 
be known and designated as the "Gillis W. Long Hansen's Disease 
Center". Any reference in a law, map, regulation, document, record, 
or other paper of the United States to such facility shall be held to 
be a reference to the Gillis W. Long Hansen's Disease Center. 
LIMITED APPLICABILITY OF CERTAIN ADDITIONAL SPECIAL PAY TO 
PHYSICIANS IN THE PUBLIC HEALTH SERVICE COMMISSIONED CORPS 
SEC. 3. (a) Section 208(a)(2) is amended— 
(1) by striking out "Commissioned" and inserting in lieu 
thereof "(A) Except as provided in subparagraph (B), commis-
sioned"; and 
(2) by adding at the end the following new subparagraph: 
42 u s e 247e. 
Louisiana. 
Hawaii. 
42 u s e 210. 
51-194 O 
QL. 3 
Part 1 
99 STAT. 492 
PUBLIC LAW 99-117—OCT. 7, 1985 
"(B) A commissioned medical officer in the Regular or Reserve 
Corps may not receive additional special pay under section 302(aX^^ 
of title 37, United States Code, for any period during which the 
42 use 254m. 
officer is providing obligated service under (i) section 338B, (ii) 
42 use 234. 
section 225(e) (as such section was in effect prior to October 1, 1977), 
42 use 294u. 
or (iii) section 752 (as such section was in effect between October 1, 
1977, and August 13,1981).". 
42 use 210 note. 
(b) The amendment made by subsection (a) shall not diminish any 
benefits under an agreement entered into before the date of enact-
ment of this Act by a commissioned medical officer in the Regular 
Corps or the Reserve Corps of the Public Health Service. 
CASH AWARDS FOR COMMISSIONED OFFICERS 
42 use 213a. 
SEC. 4. Section 221(a) is amended by adding at the end thereof the 
following: 
10 use 1124. 
"(15) Section 1124, Cash awards for suggestions, inventions, or 
scientific achievements.". 
42 u s e 253. 
98 Stat. 2817. 
42 u s e 242c. 
42 use 
300aa-12. 
98 Stat. 2359, 
2355. 
42 u s e 800X-4. 
HEALTH CARE FOR INVOLUNTARILY SEPARATED COMMISSIONED 
OFFICERS AND DEPENDENTS 
SEC. 5. Section 326 is amended by inserting after subsection (a) the 
following new subsection: 
"(b)(1) The Secretary may provide health care for an officer of the 
Regular or Reserve Corps involuntarily separated from the Service, 
and for any dependent of such officer, i
f
— 
"(A) the officer or dependent was receiving health care at the 
expense of the Service at the time of separation; and 
"(B) the Secretary finds that the officer or dependent is 
unable to obtain appropriate insurance for the conditions for 
which the officer or dependent was receiving health care. 
"(2) Health care may be provided under paragraph (1) for a period 
of not more than one year from the date of separation of the officer 
from the Service.". 
EVALUATION FUNDING 
SEC. 6. Section 305(h) is amended by adding at the end thereof the 
following new sentence: "In administering this subsection, the Sec-
retary shall assure that the amount to be made available in any 
fiscal year is seven and one-half percent of the maximum amount 
authorized to be made available under section 2113 in such fiscal 
year.". 
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH SERVICES BLOCK GRANT 
SEC. 7. (a)(1) Section 1916(c) is amended— 
(A) by striking out paragraphs (14) and (15); and 
(B) by inserting immediately after paragraph (13) the 
following: 
"(14) Of the amount allotted to a State under this part in any 
fiscal year, the State agrees to use— 
"(A) in fiscal year 1985, not less than 3 percent of such 
amount; and 
"(B) in any other fiscal year, not less than 5 percent of such 
amount, 
to initiate and provide new or expanded alcohol and drug abuse 
services for women. 
PUBLIC LAW 99-117—OCT. 7, 1985 
99 STAT. 493 
"(15) Of the amount to be used in any fiscal year for mental health 
activities, the State agrees to use not less than 10 percent of such 
amount to initiate and provide— 
"(A) in fiscal year 1985, new comprehensive community 
mental health services for underserved areas or for underserved 
populations, with special emphasis on new mental health serv-
ices for severely disturbed children and adolescents; and 
"(B) in any other fiscal year, new or expanded comprehensive 
community mental health services for underserved areas or for 
underserved populations, with special emphasis on new or ex-
panded mental health services for severely disturbed children 
and adolescents.". 
(3) Section 1916(g) is amended by inserting "or expanded" after 
98 Stat. 2359, 
"new" in the first sentence. 
^o^Jfcn Q
A
A A 
(b) Section 1917(a) is amended— 
98 ^^^ 2359 
(1) by redesignating clauses (1), (2), (3), and (4) as clauses (A), 
42 use 300x-5. 
(B), (C), and (D), respectively; 
(2) by inserting "(1)" after "(a)"; and 
(3) in clause (C) (as so redesignated), by inserting "or ex-
panded" after "new". 
(c) Section 1920A is amended— 
98 Stat. 2359. 
(1) by striking out "part B of title XIX" in clause (1) and 
42 USC 300x-9. 
inserting in lieu thereof "this part"; and 
(2) by striking out "such part" each place it occurs in clause 
(2) and inserting in lieu thereof "this part", 
TECHNICAL AMENDMENTS RELATING TO GRANTS FOR A COUNCIL ON 
HEALTH CARE TECHNOLOGY 
SEC. 8. (a) Section 309 is amended— 
98 Stat. 2820. 
(1) by inserting "GRANTS FOR A" before "COUNCIL" in the 
42 use 242n. 
section heading; 
(2) by striking out "Council on Health Care Technology" and 
all that follows through "this section" in subsection (a)(1) and 
inserting in lieu thereof "council on health care technology"; 
(3) by inserting "(i)" before "The Secretary" in subsection 
(a)(2)(A); 
(4) by striking out "to the National Academy" and all that 
follows through "The amount of such grant" in subsection 
(a)(2)(A) and inserting in lieu thereof the following: "for the 
planning, development, and establishment of the council. The 
amount of an initial grant"; 
(5) by adding at the end of subsection (a)(2)(A) the following: 
"(ii) The Secretary shall request the National Academy of Sci-
ences, acting through appropriate units, to submit an application for 
an initial grant under paragraph (1). If the Academy submits an 
acceptable application, the Secretary shall make the initial grant to 
the Academy. If the Academy does not submit an acceptable applica-
tion for an initial grant under paragraph (1), the Secretary shall 
request one or more appropriate nonprofit private entities to submit 
an application for an initial grant under paragraph (1) and shall 
make a grant to the entity which submits the best acceptable 
application."; 
(6) by striking out "The Council shall" in subsection (c)(1) and 
inserting in lieu thereof "In order to qualify for a grant under 
this section for the operation of the council, the applicant must 
99 STAT. 494 
PUBLIC LAW 99-117—OCT. 7, 1985 
Effective date. 
42 u s e 242n 
note. 
98 Stat. 2815. 
42 u s e 201 note. 
42 u s e 207. 
demonstrate that it has the capability to, and that under the 
grant it will"; 
(7) by striking out subsections (d), (f), and (g) and inserting in 
lieu thereof the following: 
"(d) In order to qualify for an initial grant under this section to 
plan, develop, and establish the council under this section, the 
applicant must assure that the council will be composed of at least 
10 members— 
"(1) each of whom has education, training, experience, or 
expertise relating to the quality and cost effectiveness of health 
care technologies, and 
"(2) who, as a group, provide representation of organizations 
of health professionals, hospitals, and other health care provid-
ers, health care insurers, employers, consumers, and manufac-
turers of products for health care. 
"(e) As a condition for receiving a grant under this section, the 
applicant must agree to submit to the Secretary an annual report on 
the council's activities under the grant. The Secretary shall provide 
for timely transmittal of a copy of each such report to the Commit-
tee on Labor and Human Resources of the Senate and the Commit-
tee on Energy and Commerce of the House of Representatives."; 
(8) by redesignating subsection (h) as subsection (f); and 
(9) by striking out "Council" each place it appears in subsec-
tions (a)(2), (b), and (c)(2) and inserting in lieu thereof "council". 
(b) The amendments made by this section shall take effect as of 
the date of the enactment of the Health Promotion and Disease 
Prevention Amendments of 1984. 
LIMITED EXCEPTION TO GRADE LIMITATIONS FOR COMMISSIONED OFFI-
CERS OF THE PUBLIC HEALTH SERVICE WHO ARE ASSIGNED TO THE DE-
PARTMENT OF DEFENSE 
SEC. 9. Section 206 is amended by adding at the end thereof the 
following new subsection: 
"(e) In computing the maximum number of commissioned officers 
of the Public Health Service authorized by law to hold a grade which 
corresponds to the grade of brigadier general or major general, there 
may be excluded from such computation not more than three offi-
cers who hold such a grade so long as such officers are assigned to 
duty and are serving in a policymaking position in the office of the 
Assistant Secretary of Defense for Health Affairs.". 
Contracts. 
42 u s e 241 note. 
42 u s e 241. 
CONTINUING CARE FOR CERTAIN PSYCHIATRIC PATIENTS 
SEC. 10. In any fiscal year beginning after September 30, 1981, 
from funds appropriated for carrying out section 301 of the Public 
Health Service Act 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. 
TECHNICAL AMENDMENTS 
42 use 243. 
SEC. 11. (a)(1) The first sentence of section 311(c)(1) is amended— 
(A) by striking out "referred to in section 317(f)"; and 
PUBLIC LAW 99-117—OCT. 7, 1985 
99 STAT. 495 
(B) by striking out "involving or resulting from disasters or 
any such disease". 
(2) The second sentence of section 311(c)(1) is amended by striking 
42 USC 243. 
out "resulting from disasters or any disease or condition referred to 
in section 317(f)". 
(b) Section 504 is amended— 
98 Stat. 2361. 
(1) by striking out "1915(e)" in subsection (g) and inserting in 
42 USC 290aa-3. 
lieu thereof "1916(e)"; and 
(2) by striking out the section heading and inserting in lieu 
thereof the following: 
"NATIONAL INSTITUTE OF MENTAL HEALTH". 
(c) Section 928(b) of the Omnibus Budget Reconciliation Act of 
1981 is amended by striking out "(42 U.S.C. 247b(j)(l)(A))" and 
95 Stat. 569. 
inserting in lieu thereof "(42 U.S.C. 247b(j))". 
^2 USC 247b. 
(d) Section 4(c)(2)(A) of the Federal Cigarette Labeling and 
Advertising Act is amended by striking out "brand" the first place it 
98 Stat. 2201. 
appears and inserting in lieu thereof "brand style". 
^^ USC 1333. 
REPEAL OF OBSOLETE PROVISIONS 
SEC. 12. (a) Section 314(g) is repealed. 
42 USC 246. 
(b) Section 315 is repealed. 
42 use 247. 
(c) Section 328 is repealed. 
42 use 299-299j. 
(d) Title IX is repealed. 
42 use 300d-4, 
(e) Title XII is repealed. 
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(f) Section 2105 is repealed. 
^2 use 300aa-4. 
Approved October 7, 1985. 
LEGISLATIVE HISTORY—S. 1689: 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
Sept. 23, considered and passed Senate. 
Sept. 24, considered and passed House.