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Title 42 — The Public Health and Welfare

Part A · Chapter 6A — Public Health Service

§ 203. Organization of Service

Statutory text

The Service shall consist of (1) the Office of the Surgeon General, (2) the National Institutes of Health, (3) the Bureau of Medical Services, and 1 (4) the Bureau of State Services, and 2 the Agency for Healthcare Research and Quality. The Secretary is authorized and directed to assign to the Office of the Surgeon General,3 to the National Institutes of Health, to the Bureau of Medical Services, and to the Bureau of State Services, respectively, the several functions of the Service, and to establish within them such divisions, sections, and other units as he may find necessary; and from time to time abolish, transfer, and consolidate divisions, sections, and other units and assign their functions and personnel in such manner as he may find necessary for efficient operation of the Service. No division shall be established, abolished, or transferred, and no divisions shall be consolidated, except with the approval of the Secretary. The National Institutes of Health shall be administered as a part of the field service. The Secretary may delegate to any officer or employee of the Service such of his powers and duties under this chapter, except the making of regulations, as he may deem necessary or expedient.

Footnotes

  1. 1 So in original. The “and” probably should not appear.
  2. 2 So in original. Probably should be followed by “(5)”.
  3. 3 See 1993 Amendment note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 78–373 · 58 Stat. 682

    Enacted · 42 U.S.C. § 203

    July 1, 1944, ch. 373, title II, § 202, 58 Stat. 683

    Source evidence

    Code source credit
    July 1, 1944, ch. 373, title II, § 202, 58 Stat. 683

  2. National Institutes of Health Revitalization Act of 1993

    Pub. L. 103–43 § 2008(g)(2) · 107 Stat. 122

    Inserted · 42 U.S.C. § 203

    Pub. L. 103–43, § 2008(g)(2), inserted “, and the Agency for Health Care Policy and Research” in first sentence

    Source evidence

    Code amendment note
    Pub. L. 103–43, § 2008(g)(2), inserted “, and the Agency for Health Care Policy and Research” in first sentence.

    Enacted provision · exact public law section
    (2) by inserting “, and the Agency for Health Care Policy and Research” before the first period.

  3. National Institutes of Health Revitalization Act of 1993

    Pub. L. 103–43 § 2008(g)(1) · 107 Stat. 122

    Substituted · 42 U.S.C. § 203

    Pub. L. 103–43, § 2008(g)(1), which directed the amendment of this section by striking “Surgeon General” the second and subsequent times that such term appears and inserting “Secretary”, was executed by making the substitution before “is authorized and directed” and before “may delegate to any officer” and by leaving unchanged “Surgeon General” in the phrase “assign to the Office of the Surgeon General” in second sentence, to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–43, § 2008(g)(1), which directed the amendment of this section by striking “Surgeon General” the second and subsequent times that such term appears and inserting “Secretary”, was executed by making the substitution before “is authorized and directed” and before “may delegate to any officer” and by leaving unchanged “Surgeon General” in the phrase “assign to the Office of the Surgeon General” in second sentence, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) by striking “Surgeon General” the second and subsequent times that such term appears and inserting “Secretary”; and

  4. Pub. L. 106–129 § 2(b)(2) · 113 Stat. 1653

    Substituted · 42 U.S.C. § 203

    Pub. L. 106–129 substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy and Research”

    Source evidence

    Code amendment note
    Pub. L. 106–129 substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy and Research”.

    Enacted provision · exact public law section
    (2) References.— Any reference in law to the Agency for 42 USC 203 et seq. Health Care Policy and Research is deemed to be a reference to the Agency for Healthcare Research and Quality, and any reference in law to the Administrator for Health Care Policy and Research is deemed to be a reference to the Director of the Agency for Healthcare Research and Quality.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1948–1999 · 3 rounds

1999

Pub. L. 106–129 substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy and Research”.

1993

Pub. L. 103–43, § 2008(g)(2), inserted “, and the Agency for Health Care Policy and Research” in first sentence.

Pub. L. 103–43, § 2008(g)(1), which directed the amendment of this section by striking “Surgeon General” the second and subsequent times that such term appears and inserting “Secretary”, was executed by making the substitution before “is authorized and directed” and before “may delegate to any officer” and by leaving unchanged “Surgeon General” in the phrase “assign to the Office of the Surgeon General” in second sentence, to reflect the probable intent of Congress.

1948

Act , substituted “National Institutes of Health” for “National Institute of Health” in cl. (2).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Executive Documents

Transfer of Functions

Bureau of Medical Services, Bureau of State Services, National Institutes of Health, excluding several research Institutes in agency, and Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. , 31 F.R. 8855, 80 Stat. 1610, and all functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, , 52 F.R. 11754.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare, and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Credits

1944–1999 · 5 acts
  1. 1944July 1, 1944, ch. 373, title II, § 202, 58 Stat. 683
  2. 1948June 16, 1948, ch. 481, § 6(b), 62 Stat. 469
  3. 19531953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631
  4. 1993Pub. L. 103–43, title XX, § 2008(g), , 107 Stat. 212
  5. 1999Pub. L. 106–129, § 2(b)(2), , 113 Stat. 1670.
Show as published

(July 1, 1944, ch. 373, title II, § 202, 58 Stat. 683; June 16, 1948, ch. 481, § 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631; Pub. L. 103–43, title XX, § 2008(g), , 107 Stat. 212; Pub. L. 106–129, § 2(b)(2), , 113 Stat. 1670.)

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