Notes on 42 U.S.C. § 202 : US Code - Notes

Search Notes on 42 U.S.C. § 202 : US Code - Notes

(July 1, 1944, ch. 373, title II, Sec. 201, 58 Stat. 683; 1953
Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67
Stat. 631; Pub. L. 103-43, title XX, Sec. 2008(f), June 10, 1993,
107 Stat. 212.)
AMENDMENTS                            
1993 - Pub. L. 103-43 substituted "Health and Human Services" for
"Health, Education, and Welfare" and "Assistant Secretary for
Health" for "Surgeon General".
TRANSFER OF FUNCTIONS                       
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. Secretary and Department of Health,
Education, and Welfare redesignated Secretary and Department of
Health and Human Services by section 509(b) of Pub. L. 96-88 which
is classified to section 3508(b) of Title 20, Education.
INTERNATIONAL HEALTH ADMINISTRATION                
Ex. Ord. No. 10399, Sept. 27, 1952, 17 F.R. 8648, designated
Surgeon General to perform certain duties under International
Sanitary Regulations of World Health Organization.
REORGANIZATION PLAN NO. 3 OF 1966                 
EFF. JUNE 25, 1966, 31 F.R. 8855, 80 STAT. 1610          
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, April 25, 1966,
pursuant to the provisions of the Reorganization Act of 1949, 63
Stat. 203, as amended [see 5 U.S.C. 901 et seq.].
PUBLIC HEALTH SERVICE                       
SECTION 1. TRANSFER OF FUNCTIONS                 
(a) Except as otherwise provided in subsection (b) of this
section, there are hereby transferred to the Secretary of Health,
Education, and Welfare (hereinafter referred to as the Secretary)
all functions of the Public Health Service, of the Surgeon General
of the Public Health Service, and of all other officers and
employees of the Public Health Service, and all functions of all
agencies of or in the Public Health Service.
(b) This section shall not apply to the functions vested by law
in any advisory council, board, or committee of or in the Public
Health Service which is established by law or is required by law to
be established.
SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
The Secretary may from time to time make such provisions as he
shall deem appropriate authorizing the performance of any of the
functions transferred to him by the provisions of this
reorganization plan by any officer, employee, or agency of the
Public Health Service or of the Department of Health, Education,
and Welfare.
SEC. 3. ABOLITIONS                        
(a) The following agencies of the Public Health Service are
hereby abolished:
(1) The Bureau of Medical Services, including the office of Chief
of the Bureau of Medical Services.
(2) The Bureau of State Services, including the office of Chief
of the Bureau of State Services.
(3) The agency designated as the National Institutes of Health
(42 U.S.C. 203), including the office of Director of the National
Institutes of Health (42 U.S.C. 206(b)) but excluding the several
research Institutes in the agency designated as the National
Institutes of Health.
(4) The agency designated as the Office of the Surgeon General
(42 U.S.C. 203(1)), together with the office held by the Deputy
Surgeon General (42 U.S.C. 206(a)).
(b) The Secretary shall make such provisions as he shall deem
necessary respecting the winding up of any outstanding affairs of
the agencies abolished by the provisions of this section.
SEC. 4. INCIDENTAL TRANSFERS                   
As he may deem necessary in order to carry out the provisions of
this reorganization plan, the Secretary may from time to time
effect transfers within the Department of Health, Education, and
Welfare of any of the records, property, personnel and unexpended
balances (available or to be made available) of appropriations,
allocations, and other funds of the Department which relate to
functions affected by this reorganization plan.
[The Secretary and Department of Health, Education, and Welfare
were redesignated the Secretary and Department of Health and Human
Services, respectively, by 20 U.S.C. 3508.]
MESSAGE OF THE PRESIDENT                     
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 3 of 1966, prepared
in accordance with the Reorganization Act of 1949, as amended, and
providing for reorganization of health functions of the Department
of Health, Education, and Welfare.
I                                 
Today we face new challenges and unparalleled opportunities in
the field of health. Building on the progress of the past several
years, we have truly begun to match the achievements of our
medicine to the needs of our people.
The task ahead is immense. As a nation, we will unceasingly
pursue our research and learning, our training and building, our
testing and treatment. But now our concern must also turn to the
organization of our Federal health programs.
As citizens we are entitled to the very best health services our
resources can provide.
As taxpayers, we demand the most efficient and economic health
organizations that can be devised.
I ask the Congress to approve a reorganization plan to bring new
strength to the administration of Federal health programs.
I propose a series of changes in the organization of the Public
Health Service that will bring to all Americans a structure modern
in design, more efficient in operation and better prepared to meet
the great and growing needs of the future. Through such
improvements we can achieve the full promise of the landmark health
legislation enacted by the 89th Congress.
I do not propose these changes lightly. They follow a period of
careful deliberation. For many months the Secretary of Health,
Education, and Welfare, and the Surgeon General have consulted
leading experts in the Nation - physicians, administrators,
scientists, and public health specialists. They have confirmed my
belief that modernization and reorganization of the Public Health
Service are urgently required and long overdue.
II                                
The Public Health Service is an operating agency of the
Department of Health, Education, and Welfare. It is the principal
arm of the Federal Government in the field of health. Its programs
are among those most vital to our well-being.
Since 1953 more than 50 new programs have been placed in the
Public Health Service. Its budget over the past 12 years has
increased tenfold - from $250 million to $2.4 billion.
Today the organization of the Public Health Service is clearly
obsolete. The requirement that new and expanding programs be
administered through an organizational structure established by law
more than two decades ago stands as a major obstacle to the
fulfillment of our Nation's health goals.
As presently constituted, the Public Health Service is composed
of four major components:
National Institutes of Health.
Bureau of State Services.
Bureau of Medical Services.
Office of the Surgeon General.
Under present law, Public Health Service functions must be assigned
only to these four components.
This structure was designed to provide separate administrative
arrangements for health research, programs of State and local aid,
health services, and executive staff resources. At a time when
these functions could be neatly compartmentalized, the structure
was adequate. But today the situation is different.
Under recent legislation many new programs provide for an
integrated attack on specific disease problems or health hazards in
the environment by combining health services, State and local aid,
and research. Each new program of this type necessarily is assigned
to one of the three operating components of the Public Health
Service. Yet none of these components is intended to administer
programs involving such a variety of approaches.
Our health problems are difficult enough without having them
complicated by outmoded organizational arrangements.
But if we merely take the step of integrating the four agencies
within the Public Health Service we will not go far enough. More is
required.
III                                
The Department of Health, Education, and Welfare performs major
health or health-related functions which are not carried out
through the Public Health Service, although they are closely
related to its functions. Among these are:
Health insurance for the aged, administered through the Social
Security Administration;
Medical assistance for the needy, administered through the
Welfare Administration;
Regulation of the manufacture, labeling, and distribution of
drugs, carried out through the Food and Drug Administration; and
Grants-in-aid to States for vocational rehabilitation of the
handicapped, administered by the Vocational Rehabilitation
Administration.
Expenditures for health and health-related programs of the
Department administered outside the Public Health Service have
increased from $44 million in 1953 to an estimated $5.4 billion in
1967.
As the head of the Department, the Secretary of Health,
Education, and Welfare is responsible for the Administration and
coordination of all the Department's health functions. He has clear
authority over the programs I have just mentioned.
But today he lacks this essential authority over the Public
Health Service. The functions of that agency are vested in the
Surgeon General and not in the Secretary.
This diffusion of responsibility is unsound and unwise.
To secure the highest possible level of health services for the
American people the Secretary of Health, Education, and Welfare
must be given the authority to establish - and modify as necessary -
the organizational structure for Public Health Service programs.
He must also have the authority to coordinate health functions
throughout the Department. The reorganization plan I propose will
accomplish these purposes. It will provide the Secretary with the
flexibility to create new and responsive organizational
arrangements to keep pace with the changing and dynamic nature of
our health programs.
My views in this respect follow a basic principle of good
government set by the Hoover Commission in 1949 when it recommended
that "the Department head should be given authority to determine
the organization within his Department."
IV                                
In summary, the reorganization plan would:
Transfer to the Secretary of Health, Education, and Welfare the
functions now vested in the Surgeon General of the Public Health
Service and in its various subordinate units (this transfer will
not affect certain statutory advisory bodies such as the National
Advisory Cancer and Heart Councils);
Abolish the four principal statutory components of the Public
Health Service, including the offices held by their heads (the
Bureau of Medical Services, the Bureau of State Services, the
National Institutes of Health exclusive of its several research
institutes such as the National Cancer and Heart Institutes, and
the Office of the Surgeon General); and
Authorize the Secretary to assign the functions transferred to
him by the plan to officials and entities of the Public Health
Service and to other agencies of the Department as he deems
appropriate.
Thus, the Secretary would be - 
Enabled to assure that all health functions of the Department
are carried out as effectively and economically as possible;
Given authority commensurate with his responsibility; and
Made responsible in fact for matters for which he is now, in
any case, held accountable by the President, the Congress, and
the people.
V                                 
I have found, after investigation, that each reorganization
included in the accompanying reorganization plan is necessary to
accomplish one or more of the purposes set forth in section 2(a) of
the Reorganization Act of 1949, as amended.
Should the reorganizations in the accompanying reorganization
plan take effect, they will make possible more effective and
efficient administration of the affected health programs. It is,
however, not practicable at this time to itemize the reductions in
expenditures which may result.
I strongly recommend that the Congress allow the reorganization
plan to become effective.
Lyndon B. Johnson.
The White House, April 25, 1966.
EXECUTIVE ORDER NO. 10506                     
Ex. Ord. No. 10506, Dec. 10, 1953, 18 F.R. 8219, which delegated
certain functions of the President relating to the Public Health
Service, was superseded by Ex. Ord. No. 11140, Jan. 30, 1964, 29
F.R. 1637, set out below.
EX. ORD. NO. 11140. DELEGATION OF FUNCTIONS            
Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended by
Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by Section 301 of Title 3
of the United States Code, and as President of the United States,
it is ordered as follows:
Section 1. The Secretary of Health and Human Services is hereby
authorized and empowered, without the approval, ratification, or
other action of the President, to perform the following-described
functions vested in the President under the Public Health Service
Act (58 Stat. 682), as amended [this chapter]:
(a) The authority under Section 203 (42 U.S.C. 204): to appoint
commissioned officers of the Reserve Corps.
(b) The authority under Section 206(b) (42 U.S.C. 207(b)) to
prescribe titles, appropriate to the several grades, for
commissioned officers of the Public Health Service other than
medical officers.
(c) The authority under Section 207(a)(2) (42 U.S.C. 209(a)(2))
to terminate commissions of officers of the Reserve Corps without
the consent of the officers concerned.
(d) The authority under Section 210(a), (k), and (l) (42 U.S.C.
211(a), (k), and (l)) to make or terminate temporary promotions of
commissioned officers of the Regular Corps and Reserve Corps.
(e) The authority under Section 211(a)(5) (42 U.S.C. 212(a)(5))
to approve voluntary retirements under that section.
(f) The authority to prescribe regulations under the following-
designated Sections: 207(a), 207(b), 208(e), 210(a), 210(b),
210(d)(1), 210(h), 210(i), 210(j)(1), 210(k), 215(a), 218(a),
219(a), and 510 (42 U.S.C. 209(a), 209(b), 210(e), 211(a), 211(b),
211(d)(1), 211(h), 211(i), 211(j)(1), 211(k), 216(a), 218a(a), 210-
1(a), and 228).
(g) The authority under Sections 321(a) and 364(a) (42 U.S.C.
248(a) and 267(a)) to approve the selection of suitable sites for
and the establishment of additional institutions, hospitals,
stations, grounds, and anchorages; subject, however, to the
approval of the Director of the Office of Management and Budget,
except as he may otherwise provide.
Sec. 2. The Surgeon General is hereby authorized and empowered,
without the approval, ratification, or other action of the
President, to perform the function vested in the President by
Sections 203 and 207(a)(2) of the Public Health Service Act (58
Stat. 683, 685), as amended (42 U.S.C. 204 and 209(a)(2)), or
otherwise, of accepting voluntary resignations of commissioned
officers of the Regular Corps or the Reserve Corps.
Sec. 3. The Secretary of Health and Human Services is hereby
authorized and empowered, without the approval, ratification, or
other action of the President, to exercise the authority vested in
the President by Section 704 of Title 37 of the United States Code
to prescribe regulations.
Sec. 4. The Secretary of Health and Human Services is hereby
authorized to redelegate all or any part of the functions set forth
under (a), (b), (c), and (d) of Section 1 hereof to the Surgeon
General of the Public Health Service or other official of that
Service who is required to be appointed by and with the advice and
consent of the Senate.
Sec. 5. All actions heretofore taken by appropriate authority
with respect to the matters affected by this order and in force at
the time of the issuance of this order, including any regulations
prescribed or approved with respect to such matters, shall, except
as they may be inconsistent with the provisions of this order,
remain in effect until amended, modified, or revoked pursuant to
the authority conferred by this order.
Sec. 6. As used in this order, the term "functions" embraces
duties, powers, responsibilities, authority, or discretion, and the
term "perform" may be construed to mean "exercise".
Sec. 7. (a) Executive Order No. 10506 of December 10, 1953,
entitled "Delegating Certain Functions of the President under the
Public Health Service Act," is hereby superseded.
(b) Executive Orders Nos. 9993 of August 31, 1948, 10031 of
January 26, 1949, 10280 of August 16, 1951, 10354 of May 26, 1952,
and 10497 of October 27, 1953, which prescribed regulations
relating to commissioned officers and employees of the Public
Health Service, are hereby revoked. Nothing in this subsection
shall be deemed to alter or otherwise affect the regulations
prescribed by the Surgeon General (42 CFR Parts 21 and 22) to
replace the regulations prescribed by the orders described in the
preceding sentence.