Page:United States Statutes at Large Volume 112 Part 3.djvu/37

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PUBLIC LAW 105-248—OCT. 9, 1998 112 STAT. 1867 SEC. 11. REQUIREMENT TO COMPLY WITH INFORMATION REQUESTS. Section 354(i)(l)(C) of the Public Health Service Act (42 U.S.C. 263b(i)(l)(C)) is amended— (1) by inserting after "Secretary" the first place such term appears the following: "(or of an accreditation body approved pursuant to subsection (e))"; and (2) by inserting after "Secretary" the second place such term appears the following: "(or such accreditation body or State carrying out certification program requirements pursuant to subsection (q))". SEC. 12. ADJUSTMENT TO SEVERITY OF SANCTIONS. Section 354(i)(2)(A) of the Public Health Service Act (42 U.S.C. 263b(i)(2)(A)) is amended by striking "makes the finding" and all that follows and inserting the following: "has reason to believe that the circumstance of the case will support one or more of the findings described in paragraph (1) and that— "(i) the failure or violation was intentional; or "(ii) the failure or violation presents a serious risk to human health.". SEC. 13. TECHNICAL AMENDMENT. Section 354(q)(4)(B) of the Public Health Service Act (42 U.S.C. 263b(q)(4)(B)) is amended by striking "accredited" and inserting "certified". Approved October 9, 1998. LEGISLATIVE HISTORY—H.R. 4382 (S. 537): HOUSE REPORTS: No. 105-713 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 144 (1998): Sept. 15, considered and passed House. Sept. 25, considered and passed Senate.