--- kind: "section" citation: "42 U.S.C. § 239l–1" title: "42" title_heading: "The Public Health and Welfare" number: "239l–1" heading: "Administration" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/239l-1" units: - "Chapter 6A — Public Health Service" - "Subchapter I — Administration and Miscellaneous Provisions" - "Part D — United States Public Health Sciences Track" --- # §239l–1. Administration - (a) **In general—** The business of the Track shall be conducted by the [Surgeon General](/usc/42/201.md?p=b) with funds appropriated for and provided by the Department of Health and Human [Services](/usc/42/201.md?p=a). The National Health Care Workforce Commission shall assist the [Surgeon General](/usc/42/201.md?p=b) in an advisory capacity. - (b) **Faculty—** - (1) **In general—** The [Surgeon General](/usc/42/201.md?p=b), after considering the recommendations of the National Health Care Workforce Commission, shall obtain the [services](/usc/42/201.md?p=a) of such professors, instructors, and administrative and other [employees](/usc/42/300gg–91.md?p=d-5) 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](/usc/42/201.md?p=c) so as to place the [employees](/usc/42/300gg–91.md?p=d-5) of the Track faculty on a comparable basis with the [employees](/usc/42/300gg–91.md?p=d-5) of fully accredited [schools](/usc/42/300j–21.md?p=6) of the health professions within the United States. - (2) **Titles—** The [Surgeon General](/usc/42/201.md?p=b) may confer academic titles, as appropriate, upon the members of the faculty. - (3) **Nonapplication of provisions—** The limitations in [section 5373 of title 5](/usc/5/5373.md) shall not apply to the authority of the [Surgeon General](/usc/42/201.md?p=b) under [paragraph (1)](#b-1) to prescribe salary schedules and other related benefits. - (c) **Agreements—** The [Surgeon General](/usc/42/201.md?p=b) may negotiate agreements with [agencies](/usc/42/8262.md?p=1) 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)](/usc/42/239l.md?p=a-2) of this title). Under such agreements the facilities concerned will retain their identities and basic missions. The [Surgeon General](/usc/42/201.md?p=b) 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](/usc/42/201.md?p=a) provided students participating in Department of Health and Human [Services](/usc/42/201.md?p=a) educational [programs](/usc/42/274l–1.md?p=4). - (d) **Programs—** The [Surgeon General](/usc/42/201.md?p=b) may establish the following educational [programs](/usc/42/274l–1.md?p=4) for Track students: - (1) Postdoctoral, postgraduate, and technological [programs](/usc/42/274l–1.md?p=4). - (2) A cooperative [program](/usc/42/274l–1.md?p=4) for medical, dental, physician assistant, pharmacy, behavioral and mental health, public health, and nursing students. - (3) Other [programs](/usc/42/274l–1.md?p=4) that the [Surgeon General](/usc/42/201.md?p=b) determines necessary in order to operate the Track in a cost-effective manner. - (e) **Continuing medical education—** The [Surgeon General](/usc/42/201.md?p=b) shall establish [programs](/usc/42/274l–1.md?p=4) 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](/usc/42/201.md?p=b) is authorized— - (A) to enter into contracts with, accept grants from, and make grants to any [nonprofit](/usc/42/300s–3.md?p=3) 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](/usc/42/201.md?p=b) may furnish the [services](/usc/42/201.md?p=a) 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](/usc/42/13641.md?p=2); - (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](/usc/42/201.md?p=a) of guest scholars and other persons. - (2) **Limitation—** The [Surgeon General](/usc/42/201.md?p=b) 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)](#f-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](/usc/42/201.md?p=b) may approve. - (4) **Volunteer services—** A person who provides voluntary [services](/usc/42/201.md?p=a) under the authority of [subparagraph (E)](#f-1-E) of paragraph (1) shall be considered to be an [employee](/usc/42/300gg–91.md?p=d-5) of the Federal Government for the purposes of [chapter 81](/usc/5/chptIII/sptG/ch81.md) of title 5, relating to compensation for work-related injuries, and to be an [employee](/usc/42/300gg–91.md?p=d-5) of the Federal Government for the purposes of [chapter 171](/usc/28/chptVI/ch171.md) 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](/usc/42/300gg–91.md?p=d-5) for any other purpose by reason of the provision of such [services](/usc/42/201.md?p=a). ## 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.)