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42 U.S.C. § 239l–1Administration

submitted 82 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 742 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Surgeon General runs the Track using HHS funding, with the National Health Care Workforce Commission advising. The Surgeon General hires faculty, sets up degree and research programs, negotiates agreements with other agencies and universities, and can accept gifts, grants, and volunteer help to run it.

(a) In general: The Surgeon General runs the Track's operations, using money Congress gives to the Department of Health and Human Services. The National Health Care Workforce Commission advises the Surgeon General but doesn't run things itself. (b) Faculty. (1) In general: After hearing the Commission's recommendations, the Surgeon General must hire the professors, instructors, and staff needed to run the Track — using existing affiliated training institutions whenever possible. Faculty and staff get salary schedules and retirement benefits the Secretary sets, aimed at matching what employees at fully accredited health schools receive. (2) Titles: The Surgeon General may give faculty members academic titles. (3) Nonapplication of provisions: The usual pay-schedule limits in section 5373 of title 5 don't apply to the Surgeon General's power to set Track salaries and benefits. (c) Agreements: The Surgeon General may make reimbursable agreements with other federal agencies to use existing federal medical resources (the facilities keep their own identity and mission). The Surgeon General may also make affiliation agreements with accredited universities and training institutions, including provisions to pay for educational services given to Track students. (d) Programs: The Surgeon General may set up (1) postdoctoral, postgraduate, and technological programs; (2) a joint program covering medical, dental, physician assistant, pharmacy, behavioral/mental health, public health, and nursing students; and (3) other programs needed to run the Track cost-effectively. (e) Continuing medical education: The Surgeon General must set up continuing education programs for health professionals, to keep health care standards high nationwide. (f) Authority of the Surgeon General. (1) In general: The Surgeon General may (A) contract with, accept grants from, and give grants to nonprofits for joint research, consulting, and education projects in medicine, dentistry, physician assistant work, pharmacy, behavioral/mental health, public health, and nursing; (B) contract to supply professional, technical, or clerical staff needed for Track joint projects; (C) accept, hold, manage, invest, and spend gifts, property, or bequests given to the Track, including gifts supporting a teaching chair, research, or demonstration project; (D) make agreements with outside entities to boost the Track's education, research, and technology work; and (E) accept volunteer help from guest scholars and others. (2) Limitation: The Surgeon General can't sign a contract that would require the Track to spend money before Congress has actually authorized that spending. (3) Scientists: Scientists, doctors, dentists, or nurses working for the Track under one of these agreements may be appointed to a Track position and given duties the Surgeon General approves. (4) Volunteer services: A person volunteering under (1)(E) counts as a federal employee for purposes of workers'-compensation law (chapter 81 of title 5) and federal tort-claims law (chapter 171 of title 28). If that person isn't otherwise a federal employee, volunteering doesn't make them one for any other purpose.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The business of the Track shall be conducted by the Surgeon General with funds appropriated for and provided by the Department of Health and Human Services. The National Health Care Workforce Commission shall assist the Surgeon General in an advisory capacity.

(b) Faculty
(1) In general

The Surgeon General, after considering the recommendations of the National Health Care Workforce Commission, shall obtain the services of such professors, instructors, and administrative and other employees as may be necessary to operate the Track, but utilize when possible, existing affiliated health professions training institutions. Members of the faculty and staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary so as to place the employees of the Track faculty on a comparable basis with the employees of fully accredited schools of the health professions within the United States.

(2) Titles

The Surgeon General may confer academic titles, as appropriate, upon the members of the faculty.

(3) Nonapplication of provisions

The limitations in section 5373 of title 5 shall not apply to the authority of the Surgeon General under paragraph (1) to prescribe salary schedules and other related benefits.

(c) Agreements

The Surgeon General may negotiate agreements with agencies of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources located in the United States (or locations selected in accordance with section 239l(a)(2) of this title). Under such agreements the facilities concerned will retain their identities and basic missions. The Surgeon General may negotiate affiliation agreements with accredited universities and health professions training institutions in the United States. Such agreements may include provisions for payments for educational services provided students participating in Department of Health and Human Services educational programs.

(d) Programs

The Surgeon General may establish the following educational programs for Track students:

(1)

Postdoctoral, postgraduate, and technological programs.

(2)

A cooperative program for medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students.

(3)

Other programs that the Surgeon General determines necessary in order to operate the Track in a cost-effective manner.

(e) Continuing medical education

The Surgeon General shall establish programs in continuing medical education for members of the health professions to the end that high standards of health care may be maintained within the United States.

(f) Authority of the Surgeon General
(1) In general

The Surgeon General is authorized—

(A)

to enter into contracts with, accept grants from, and make grants to any nonprofit entity for the purpose of carrying out cooperative enterprises in medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing research, consultation, and education;

(B)

to enter into contracts with entities under which the Surgeon General may furnish the services of such professional, technical, or clerical personnel as may be necessary to fulfill cooperative enterprises undertaken by the Track;

(C)

to accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property made to the Track, including any gift, devise, or bequest for the support of an academic chair, teaching, research, or demonstration project;

(D)

to enter into agreements with entities that may be utilized by the Track for the purpose of enhancing the activities of the Track in education, research, and technological applications of knowledge; and

(E)

to accept the voluntary services of guest scholars and other persons.

(2) Limitation

The Surgeon General may not enter into any contract with an entity if the contract would obligate the Track to make outlays in advance of the enactment of budget authority for such outlays.

(3) Scientists

Scientists or other medical, dental, or nursing personnel utilized by the Track under an agreement described in paragraph (1) may be appointed to any position within the Track and may be permitted to perform such duties within the Track as the Surgeon General may approve.

(4) Volunteer services

A person who provides voluntary services under the authority of subparagraph (E) of paragraph (1) shall be considered to be an employee of the Federal Government for the purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and to be an employee of the Federal Government for the purposes of chapter 171 of title 28, relating to tort claims. Such a person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such services.

Source credit: (July 1, 1944, ch. 373, title II, § 272, as added Pub. L. 111–148, title V, § 5315, Mar. 23, 2010, 124 Stat. 637.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-148 · 124 Stat. 637

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1944-07-01.

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