Title 42, The Public Health and WelfareRelease 119-110

§239l–1 Administration

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER I — ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part D — United States Public Health Sciences Track › § 239l–1

Last updated Sep 22, 2026|Official source

Summary

The Surgeon General must run the Track using money from the Department of Health and Human Services. The National Health Care Workforce Commission will advise the Surgeon General. The Surgeon General will hire professors, teachers, and staff and should use existing training schools when possible. Pay, retirement, and other benefits for Track faculty will be set so they are comparable to those at accredited U.S. health schools. The Surgeon General may give academic titles. The usual federal pay cap in 5 U.S.C. 5373 does not limit the Surgeon General’s authority to set these salaries and benefits. The Surgeon General may make reimbursable agreements with federal agencies to use federal medical resources while those facilities keep their own identity and mission. The Surgeon General may also make affiliation agreements with accredited universities and health training institutions, including paying for student education. The Surgeon General can create postdoctoral, postgraduate, technical, and cooperative training programs for multiple health professions (medicine, nursing, pharmacy, dental, public and mental health, physician assistants, etc.) and any other programs needed to run the Track cost-effectively. The Surgeon General must set up continuing medical education programs. The Surgeon General can contract with or give grants to nonprofits, accept gifts and bequests, bring in personnel under agreements, accept volunteer scholars, and enter other helpful agreements. The Track cannot sign a contract that requires spending money before Congress approves the budget. Scientists or health staff brought in under agreements may be appointed to Track positions. Volunteers are treated as federal employees only for worker’s compensation and for certain tort claims, and not as federal employees for other purposes.

Full Legal Text

Title 42, §239l–1

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 239l–1

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110