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42 U.S.C. § 246 — Grants and services to States

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42 U.S.C. § 246 — Grants and services to States

Page 172 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 245a (g) Authorization of appropriations There are authorized to be appropriated to carry out this section and subsections (k) and (n) of section 247b of this title, $15,000,000 for each of fiscal years 2021 through 2025. (July 1, 1944, ch. 373, title III, § 313, as added Pub. L. 116–260, div. BB, title III, § 311(a), Dec. 27, 2020, 134 Stat. 2923.) Editorial Notes PRIOR PROVISIONS A prior section 245, act July 1, 1944, ch. 373, title III, § 313, as added Pub. L. 107–188, title I, § 159(c), June 12, 2002, 116 Stat. 636, provided for public access defibrillation demonstration projects, prior to repeal by Pub. L. 116–260, div. BB, title III, § 311(a), Dec. 27, 2020, 134 Stat. 2923. Another prior section 245, acts July 1, 1944, ch. 373, title III, § 313, 58 Stat. 693; Oct. 30, 1970, Pub. L. 91–515, title II, § 282, 84 Stat. 1308, provided for collection of vital statistics, prior to repeal by Pub. L. 93–353, title I, § 102(a), July 23, 1974, 88 Stat. 362. See section 242k(g) of this title. A prior section 313 of act July 1, 1944, was classified to section 245a of this title prior to repeal by Pub. L. 94–484. Statutory Notes and Related Subsidiaries MATERNAL VACCINATION AWARENESS Pub. L. 117–103, div. P, title I, § 135, Mar. 15, 2022, 136 Stat. 797, provided that: ‘‘In carrying out the public awareness initiative related to vaccinations pursuant to section 313 of the Public Health Service Act (42 U.S.C. 245), the Secretary of Health and Human Serv- ices shall take into consideration the importance of in- creasing awareness and knowledge of the safety and ef- fectiveness of vaccines to prevent disease in pregnant and postpartum women and in infants and the need to improve vaccination rat

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Page 172 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 245a (g) Authorization of appropriations There are authorized to be appropriated to carry out this section and subsections (k) and (n) of section 247b of this title, $15,000,000 for each of fiscal years 2021 through 2025. (July 1, 1944, ch. 373, title III, § 313, as added Pub. L. 116–260, div. BB, title III, § 311(a), Dec. 27, 2020, 134 Stat. 2923.) Editorial Notes PRIOR PROVISIONS A prior section 245, act July 1, 1944, ch. 373, title III, § 313, as added Pub. L. 107–188, title I, § 159(c), June 12, 2002, 116 Stat. 636, provided for public access defibrillation demonstration projects, prior to repeal by Pub. L. 116–260, div. BB, title III, § 311(a), Dec. 27, 2020, 134 Stat. 2923. Another prior section 245, acts July 1, 1944, ch. 373, title III, § 313, 58 Stat. 693; Oct. 30, 1970, Pub. L. 91–515, title II, § 282, 84 Stat. 1308, provided for collection of vital statistics, prior to repeal by Pub. L. 93–353, title I, § 102(a), July 23, 1974, 88 Stat. 362. See section 242k(g) of this title. A prior section 313 of act July 1, 1944, was classified to section 245a of this title prior to repeal by Pub. L. 94–484. Statutory Notes and Related Subsidiaries MATERNAL VACCINATION AWARENESS Pub. L. 117–103, div. P, title I, § 135, Mar. 15, 2022, 136 Stat. 797, provided that: ‘‘In carrying out the public awareness initiative related to vaccinations pursuant to section 313 of the Public Health Service Act (42 U.S.C. 245), the Secretary of Health and Human Serv- ices shall take into consideration the importance of in- creasing awareness and knowledge of the safety and ef- fectiveness of vaccines to prevent disease in pregnant and postpartum women and in infants and the need to improve vaccination rates in communities and popu- lations with low rates of vaccination.’’ § 245a. Repealed. Pub. L. 94–484, title V, § 503(b), Oct. 12, 1976, 90 Stat. 2300 Section, act July 1, 1944, ch. 373, title III, § 313, for- merly § 309, as added Sept. 8, 1960, Pub. L. 86–720, § 1(a), 74 Stat. 819; amended Aug. 27, 1964, Pub. L. 88–497, § 3, 78 Stat. 613; Nov. 3, 1966, Pub. L. 89–749, § 4, 80 Stat. 1190; Dec. 5, 1967, Pub. L. 90–174, §§ 2(g), 8(c), 81 Stat. 534, 540; Aug. 16, 1968, Pub. L. 90–490, title III, § 302(a), 82 Stat. 788; Mar. 12, 1970, Pub. L. 91–208, §§ 1, 2, 84 Stat. 52; June 30, 1970, Pub. L. 91–296, title IV, § 401(b)(1)(B), 84 Stat. 352; June 18, 1973, Pub. L. 93–45, title I, § 104(b), (c), 87 Stat. 91; renumbered § 313 and amended July 23, 1974, Pub. L. 93–353, title I, § 102(c), 88 Stat. 362; Oct. 12, 1976, Pub. L. 94–484, title I, § 101(a)(2), (3), 90 Stat. 2244, re- lated to graduate public health training grants. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1977, see section 503(c) of Pub. L. 94–484, set out as a note under section 244–1 of this title. § 246. Grants and services to States (a) Comprehensive health planning and services (1) In order to assist the States in comprehen- sive and continuing planning for their current and future health needs, the Secretary is au- thorized during the period beginning July 1, 1966, and ending June 30, 1973, to make grants to States which have submitted, and had approved by the Secretary, State plans for comprehensive State health planning. For the purposes of car- rying out this subsection, there are hereby au- thorized to be appropriated $2,500,000 for the fis- cal year ending June 30, 1967, $7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, $15,000,000 for the fiscal year ending June 30, 1970, $15,000,000 for the fiscal year ending June 30, 1971, $17,000,000 for the fiscal year ending June 30, 1972, $20,000,000 for the fiscal year ending June 30, 1973, and $10,000,000 for the fiscal year ending June 30, 1974. (2) In order to be approved for purposes of this subsection, a State plan for comprehensive State health planning must— (A) designate, or provide for the establish- ment of, a single State agency, which may be an interdepartmental agency, as the sole agen- cy for administering or supervising the admin- istration of the State’s health planning func- tions under the plan; (B) provide for the establishment of a State health planning council, which shall include representatives of Federal, State, and local agencies (including as an ex officio member, if there is located in such State one or more hos- pitals or other health care facilities of the De- partment of Veterans Affairs, the individual whom the Secretary of Veterans Affairs shall have designated to serve on such council as the representative of the hospitals or other health care facilities of such Department which are located in such State) and non- governmental organizations and groups con- cerned with health (including representation of the regional medical program or programs included in whole or in part within the State), and of consumers of health services, to advise such State agency in carrying out its func- tions under the plan, and a majority of the membership of such council shall consist of representatives of consumers of health serv- ices; (C) set forth policies and procedures for the expenditure of funds under the plan, which, in the judgment of the Secretary, are designed to provide for comprehensive State planning for health services (both public and private and including home health care), including the fa- cilities and persons required for the provision of such services, to meet the health needs of the people of the State and including environ- mental considerations as they relate to public health; (D) provide for encouraging cooperative ef- forts among governmental or nongovern- mental agencies, organizations and groups concerned with health services, facilities, or manpower, and for cooperative efforts between such agencies, organizations, and groups and similar agencies, organizations, and groups in the fields of education, welfare, and rehabilita- tion; (E) contain or be supported by assurances satisfactory to the Secretary that the funds paid under this subsection will be used to sup- plement and, to the extent practicable, to in- crease the level of funds that would otherwise be made available by the State for the purpose of comprehensive health planning and not to supplant such non-Federal funds; Page 173 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 246 (F) provide such methods of administration (including methods relating to the establish- ment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient op- eration of the plan; (G) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time reasonably require, and will keep such records and afford such access thereto as the Secretary finds necessary to assure the cor- rectness and verification of such reports; (H) provide that the State agency will from time to time, but not less often than annually, review its State plan approved under this sub- section and submit to the Secretary appro- priate modifications thereof; (I) effective July 1, 1968, (i) provide for as- sisting each health care facility in the State to develop a program for capital expenditures for replacement, modernization, and expansion which is consistent with an overall State plan developed in accordance with criteria estab- lished by the Secretary after consultation with the State which will meet the needs of the State for health care facilities, equipment, and services without duplication and other- wise in the most efficient and economical manner, and (ii) provide that the State agency furnishing such assistance will periodically re- view the program (developed pursuant to clause (i)) of each health care facility in the State and recommend appropriate modifica- tion thereof; (J) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the State under this sub- section; and (K) contain such additional information and assurances as the Secretary may find nec- essary to carry out the purposes of this sub- section. (3)(A) From the sums appropriated for such purpose for each fiscal year, the several States shall be entitled to allotments determined, in accordance with regulations, on the basis of the population and the per capita income of the re- spective States; except that no such allotment to any State for any fiscal year shall be less than 1 per centum of the sum appropriated for such fiscal year pursuant to paragraph (1). Any such allotment to a State for a fiscal year shall remain available for obligation by the State, in accordance with the provisions of this sub- section and the State’s plan approved there- under, until the close of the succeeding fiscal year. (B) The amount of any allotment to a State under subparagraph (A) for any fiscal year which the Secretary determines will not be required by the State, during the period for which it is available, for the purposes for which allotted shall be available for reallotment by the Sec- retary from time to time, on such date or dates as he may fix, to other States with respect to which such a determination has not been made, in proportion to the original allotments to such States under subparagraph (A) for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary esti- mates such State needs and will be able to use during such period; and the total of such reduc- tions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount so reallotted to a State from funds appropriated pursuant to this sub- section for a fiscal year shall be deemed part of its allotment under subparagraph (A) for such fiscal year. (4) From each State’s allotment for a fiscal year under this subsection, the State shall from time to time be paid the Federal share of the ex- penditures incurred during that year or the suc- ceeding year pursuant to its State plan approved under this subsection. Such payments shall be made on the basis of estimates by the Secretary of the sums the State will need in order to per- form the planning under its approved State plan under this subsection, but with such adjust- ments as may be necessary to take account of previously made underpayments or overpay- ments. The ‘‘Federal share’’ for any State for purposes of this subsection shall be all, or such part as the Secretary may determine, of the cost of such planning, except that in the case of the allotments for the fiscal year ending June 30, 1970, it shall not exceed 75 per centum of such cost. (b) Project grants for areawide health planning; authorization of appropriations; pre- requisites for grants; application; contents (1)(A) The Secretary is authorized, during the period beginning July 1, 1966, and ending June 30, 1974, to make, with the approval of the State agency administering or supervising the admin- istration of the State plan approved under sub- section (a), project grants to any other public or nonprofit private agency or organization (but with appropriate representation of the interests of local government where the recipient of the grant is not a local government or combination thereof or an agency of such government or combination) to cover not to exceed 75 per cen- tum of the costs of projects for developing (and from time to time revising) comprehensive re- gional, metropolitan area, or other local area plans for coordination of existing and planned health services, including the facilities and per- sons required for provision of such services; and including the provision of such services through home health care; except that in the case of project grants made in any State prior to July 1, 1968, approval of such State agency shall be required only if such State has such a State plan in effect at the time of such grants. No grant may be made under this subsection after June 30, 1970, to any agency or organization to de- velop or revise health plans for an area unless the Secretary determines that such agency or organization provides means for appropriate rep- resentation of the interests of the hospitals, other health care facilities, and practicing phy- sicians serving such area, and the general pub- lic. For the purposes of carrying out this sub- Page 174 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 246 section, there are hereby authorized to be appro- priated $5,000,000 for the fiscal year ending June 30, 1967, $7,500,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, $15,000,000 for the fiscal year end- ing June 30, 1970, $20,000,000 for the fiscal year ending June 30, 1971, $30,000,000 for the fiscal year ending June 30, 1972, $40,000,000 for the fis- cal year ending June 30, 1973, and $25,100,000 for the fiscal year ending June 30, 1974. (B) Project grants may be made by the Sec- retary under subparagraph (A) to the State agency administering or supervising the admin- istration of the State plan approved under sub- section (a) with respect to a particular region or area, but only if (i) no application for such a grant with respect to such region or area has been filed by any other agency or organization qualified to receive such a grant, and (ii) such State agency certifies, and the Secretary finds, that ample opportunity has been afforded to qualified agencies and organizations to file ap- plication for such a grant with respect to such region or area and that it is improbable that, in the foreseeable future, any agency or organiza- tion which is qualified for such a grant will file application therefor. (2)(A) In order to be approved under this sub- section, an application for a grant under this subsection must contain or be supported by rea- sonable assurances that there has been or will be established, in or for the area with respect to which such grant is sought, an areawide health planning council. The membership of such coun- cil shall include representatives of public, vol- untary, and nonprofit private agencies, institu- tions, and organizations concerned with health (including representatives of the interests of local government of the regional medical pro- gram for such area, and of consumers of health services). A majority of the members of such council shall consist of representatives of con- sumers of health services. (B) In addition, an application for a grant under this subsection must contain or be sup- ported by reasonable assurances that the areawide health planning agency has made pro- vision for assisting health care facilities in its area to develop a program for capital expendi- tures for replacement, modernization, and ex- pansion which is consistent with an overall State plan which will meet the needs of the State and the area for health care facilities, equipment, and services without duplication and otherwise in the most efficient and economical manner. (c) Project grants for training, studies, and dem- onstrations; authorization of appropriations The Secretary is also authorized, during the period beginning July 1, 1966, and ending June 30, 1974, to make grants to any public or non- profit private agency, institution, or other orga- nization to cover all or any part of the cost of projects for training, studies, or demonstrations looking toward the development of improved or more effective comprehensive health planning throughout the Nation. For the purposes of car- rying out this subsection, there are hereby au- thorized to be appropriated $1,500,000 for the fis- cal year ending June 30, 1967, $2,500,000 for the fiscal year ending June 30, 1968, $5,000,000 for the fiscal year ending June 30, 1969, $7,500,000 for the fiscal year ending June 30, 1970, $8,000,000 for the fiscal year ending June 30, 1971, $10,000,000 for the fiscal year ending June 30, 1972, $12,000,000 for the fiscal year ending June 30, 1973, and $4,700,000 for the fiscal year ending June 30, 1974. (July 1, 1944, ch. 373, title III, § 314, 58 Stat. 693; July 3, 1946, ch. 538, § 9, 60 Stat. 424; June 16, 1948, ch. 481, § 5, 62 Stat. 468; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 852, § 18, 70 Stat. 910; Pub. L. 85–544, § 1, July 22, 1958, 72 Stat. 400; Pub. L. 87–395, § 2(a)–(d), Oct. 5, 1961, 75 Stat. 824; Pub. L. 87–688, § 4(a)(1), Sept. 25, 1962, 76 Stat. 587; Pub. L. 89–109, § 4, Aug. 5, 1965, 79 Stat. 436; Pub. L. 89–749, § 3, Nov. 3, 1966, 80 Stat. 1181; Pub. L. 90–174, §§ 2(a)–(f), 3(b)(2), 8(a), (b), 12(d), Dec. 5, 1967, 81 Stat. 533–535, 540, 541; Pub. L. 91–296, title I, § 111(b), title IV, § 401(b)(1)(C), (D), June 30, 1970, 84 Stat. 340, 352; Pub. L. 91–513, title I, § 3(b), Oct. 27, 1970, 84 Stat. 1241; Pub. L. 91–515, title II, §§ 220, 230, 240, 250, 260(a)–(c)(1), 282, Oct. 30, 1970, 84 Stat. 1304–1306, 1308; Pub. L. 91–616, title III, § 331, Dec. 31, 1970, 84 Stat. 1853; Pub. L. 91–648, title IV, § 403, Jan. 5, 1971, 84 Stat. 1925, as amended Pub. L. 95–454, title VI, § 602(c), Oct. 13, 1978, 92 Stat. 1189; Pub. L. 92–255, title IV, § 403(a), Mar. 21, 1972, 86 Stat. 77; Pub. L. 93–45, title I, § 106, June 18, 1973, 87 Stat. 92; Pub. L. 93–151, § 8, Nov. 9, 1973, 87 Stat. 568; Pub. L. 94–63, title I, § 102, title V, § 501(b), title VII, § 701(a), (b), July 29, 1975, 89 Stat. 304, 346, 352; Pub. L. 94–484, title IX, § 905(b)(1), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95–83, title III, § 302, Aug. 1, 1977, 91 Stat. 387; Pub. L. 95–454, title VI, § 602(c), Oct. 13, 1978, 92 Stat. 1189; Pub. L. 95–622, title I, § 109, Nov. 9, 1978, 92 Stat. 3417; Pub. L. 95–626, title II, § 201(a), (b)(2), Nov. 10, 1978, 92 Stat. 3570; Pub. L. 96–32, § 6(e), (f), July 10, 1979, 93 Stat. 83; Pub. L. 96–79, title I, § 115(k)(2), Oct. 4, 1979, 93 Stat. 610; Pub. L. 96–398, title I, § 107(d), Oct. 7, 1980, 94 Stat. 1571; Pub. L. 97–35, title IX, § 902(b), Aug. 13, 1981, 95 Stat. 559; Pub. L. 99–117, § 12(a), Oct. 7, 1985, 99 Stat. 495; Pub. L. 102–54, § 13(q)(1)(D), June 13, 1991, 105 Stat. 279.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(2)(B). Pub. L. 102–54 substituted ‘‘De- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- tration’’, ‘‘Secretary of Veterans Affairs’’ for ‘‘Admin- istrator of Veterans’ Affairs’’ and ‘‘such Department’’ for ‘‘such Administration’’. 1985—Subsec. (g). Pub. L. 99–117 directed that subsec. (g) be repealed. Previously, subsec. (g) was repealed by Pub. L. 96–398. See 1980 Amendment note below. 1981—Subsec. (d). Pub. L. 97–35 struck out subsec. (d) which related to grants for services, form, manner, etc., of application, review of activities undertaken, allot- ments, and authorization of appropriations. 1980—Subsec. (g). Pub. L. 96–398 struck out subsec. (g) which related to application, procedures applicable, amount, etc., for State mental health program grants. 1979—Subsec. (d)(2)(C)(ii). Pub. L. 96–32, § 6(e), sub- stituted ‘‘uniform national health program reporting system’’ for ‘‘uniform national reporting system’’. Subsec. (d)(4)(A). Pub. L. 96–32, § 6(f), in provision fol- lowing subd. (II) of cl. (ii), substituted ‘‘the preceding provisions of this subparagraph’’ for ‘‘clauses (i) and (ii)’’ and ‘‘amount’’ for ‘‘amounts’’ and inserted provi- sion that if the amount appropriated for a fiscal year Page 175 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 246 is equal to or less than the amount appropriated for fis- cal year ending Sept. 30, 1979, the total amount of grants for a State health authority shall be an amount which bears the same ratio to the amount appropriated as the total amount of grants received by such author- ity from appropriations for fiscal year ending Sept. 30, 1979, bears to the amount appropriated for that fiscal year. Subsec. (g)(2)(D)(iv). Pub. L. 96–79 substituted ‘‘a plan which is consistent with the State health plan in effect for the State under section 300m–3(c) of this title and’’ for ‘‘a plan’’. 1978—Subsec. (d). Pub. L. 95–626, § 201(b)(2), completely revised subsec. (d) under which the Secretary is author- ized to make grants to State health authorities to as- sist in meeting the costs of providing comprehensive public health services by including requirements that the States submit an application outlining how funds will be used to supplement non-Federal support for the provision of public health services in the State, by set- ting out formulae under which funds will be made available to States including definitions of ‘‘applicable grant computation percentage’’ and ‘‘State and local expenditures for comprehensive public health serv- ices’’, by requiring implementation of a national health program reporting system to assure accountability for expenditure of funds, and by authorizing appropriations of $150,000,000 for fiscal year ending Sept. 30, 1980, and $170,000,000 for fiscal year ending Sept. 30, 1981. Subsec. (d)(7)(A). Pub. L. 95–626, § 201(a)(1), inserted provision authorizing an appropriation of $103,000,000 for fiscal year ending Sept. 30, 1979. Subsec. (d)(7)(B). Pub. L. 95–626, § 201(a)(2), inserted provision authorizing an appropriation of $20,000,000 for fiscal year ending Sept. 30, 1979. Subsec. (f). Pub. L. 95–454 designated existing provi- sions of section 403 of Pub. L. 91–648 (see 1971 Amend- ment note below) as subsec. (a) thereof and added sub- sec. (b) thereto repealing subsec. (f) of this section as subsec. (f) of this section had applied to commissioned officers of the Public Health Service. Subsec. (g). Pub. L. 95–622 substituted provisions re- lating to grants for State mental health programs for provisions relating to regulations and amendments with respect to grants to States under subsecs. (a) and (d) and reduction and suspension of subsec. (a) and (d) grant payments. 1977—Subsec. (d)(7)(A). Pub. L. 95–83, § 302(a), sub- stituted provision for an appropriation authorization for fiscal year ending Sept. 30, 1977, for prior such au- thorization for fiscal year 1977, and authorized appro- priation of $106,750,000 for fiscal year ending Sept. 30, 1978. Subsec. (d)(7)(B). Pub. L. 95–83, § 302(b), substituted provision for an appropriation authorization for fiscal year ending Sept. 30, 1977, for prior such authorization for fiscal year 1977, and authorized appropriation of $12,680,000 for fiscal year ending Sept. 30, 1978. 1976—Subsec. (g)(4)(B). Pub. L. 94–484 defined ‘‘State’’ to include the Northern Mariana Islands. 1975—Subsec. (d). Pub. L. 94–63, §§ 102, 701(a), sub- stituted provisions relating to grants made pursuant to allotments to State health and mental health authori- ties for meeting the costs of providing comprehensive public health services, for provisions relating to grants made pursuant to appropriations for fiscal year ending June 30, 1968 to fiscal year ending June 30, 1975, to State health or mental health authorities to aid in the establishment and maintenance of adequate public health services, including the training of personnel for State and local health work. Subsec. (e). Pub. L. 94–63, §§ 501(b), 701(b), struck out subsec. (e) which authorized appropriations from fiscal year ending June 30, 1968 through fiscal year ending June 30, 1975 for project grants for health services and related training, set forth procedures for making such grants, and prohibited grants after the fiscal year end- ing June 30, 1975, for provisions of this chapter amended by title VII of the Health Revenue Sharing and Health Services Act of 1975. 1973—Subsec. (a)(1). Pub. L. 93–45, § 106(a)(1), author- ized appropriations of $10,000,000 for fiscal year ending June 30, 1974. Subsec. (b)(1)(A). Pub. L. 93–45, § 106(a)(2), (b), author- ized appropriations of $25,100,000 for fiscal year ending June 30, 1974, and extended period for making project grants from June 30, 1973, to June 30, 1974. Subsec. (c). Pub. L. 93–45, § 106(a)(3), (b), authorized appropriations of $4,700,000 for fiscal year ending June 30, 1974, and extended period for grants from June 30, 1973, to June 30, 1974. Subsec. (d)(1). Pub. L. 93–45, § 106(a)(4), authorized ap- propriations of $90,000,000 for fiscal year ending June 30, 1974. Subsec. (e). Pub. L. 93–151 prohibited use of appro- priated funds for lead based paint poisoning control. Pub. L. 93–45, § 106(a)(5), authorized appropriations of $230,700,000 for fiscal year ending June 30, 1974, and pro- hibited any grant for such fiscal year to cover cost of services described in cl. (1) or (2) of the first sentence if a grant or contract to cover cost of such services may be made or entered into from funds authorized to be appropriated for such fiscal year under an appropria- tions authorization in any provision of this chapter (other than this subsection) amended by title I of the Health Programs Extension Act of 1973. 1972—Subsec. (d)(2)(K). Pub. L. 92–255 required State plans to provide for licensing of facilities for treatment and rehabilitation of persons with drug abuse and other drug dependence problems and for expansion of State mental health programs and other prevention and treatment programs in the field of drug abuse and drug dependence. 1971—Subsec. (f). Pub. L. 91–648, § 403(a), as amended by Pub. L. 94–454, § 602(c), repealed subsec. (f) which au- thorized the Secretary to arrange the interchange of personnel with States to aid in discharge of responsibil- ities in field of health care, except as subsec. (b) applied to commissioned officers of the Public Health Service. See 1978 Amendment note above. 1970—Pub. L. 91–515, § 282, substituted ‘‘Secretary’’ for ‘‘Surgeon General’’ in subsecs. (a)(1), (a)(2)(C), (E) to (H), (K), (a)(3)(B), (a)(4), (b)(1)(A), (c), (d)(1), (d)(2)(C), (F) to (H), (J), (d)(4)(A), (d)(6), and (g)(1) to (3). Subsec. (a)(1). Pub. L. 91–515, § 220(a), extended period for making grants to States from June 30, 1970 to June 30, 1973, and authorized appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. Subsec. (a)(2)(B). Pub. L. 91–515, § 220(b), (c), inserted provisions authorizing appointment of an exofficio member from representatives of Federal, State, and local agencies involved, and requiring representation of the regional medical program or programs included in whole or in part within the State. Subsec. (a)(2)(C). Pub. L. 91–515, § 220(d), inserted ‘‘and including home health care’’ after ‘‘private’’ and ‘‘and including environmental considerations as they relate to public health’’ after ‘‘people of the State’’. Subsec. (b). Pub. L. 91–515, § 230, redesignated existing provisions as subsec. (b)(1)(A), and, as so redesignated, extended period for making project grants from June 30, 1970 to June 30, 1973, inserted ‘‘and including the provision of such services through home health care’’ after ‘‘such services’’, and authorized appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, and added subsec. (b)(1)(B) and (b)(2). Pub. L. 91–296, § 111(b), inserted provisions requiring that before grants be made to agencies or organizations to develop or revise health plans for an area the Sec- retary determine that the agency or organization pro- vides means for appropriate representation of the inter- ests of the hospitals, practicing physicians, and the general public. Subsec. (c). Pub. L. 91–515, § 240, extended period for making grants from June 30, 1970, to June 30, 1973, and authorized appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. Subsec. (d)(1). Pub. L. 91–515, § 250(a), authorized ap- propriations for fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. Page 176 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 246 Pub. L. 91–296, § 401(b)(1)(C), struck out except which provided for use of up to 1 per centum by Secretary for evaluation. Subsec. (d)(2)(C). Pub. L. 91–515, § 250(b), inserted pro- visions requiring State plan to contain assurances that the plan is compatible with total health program of the State. Subsec. (d)(2)(K). Pub. L. 91–513 added subpar. (K). Subsec. (d)(2)(L). Pub. L. 91–616 added subpar. (L). Subsec. (e). Pub. L. 91–515, § 260(a), (b), (c)(1), inserted provisions authorizing appropriations for fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, provisions authorizing grants to cover part of cost of equity requirements and amortization of loans on fa- cilities acquired from the Office of Economic Oppor- tunity or construction in connection with any program or project transferred from the Office of Economic Op- portunity, and provisions requiring the application for any grant made under this subsection to be referred for review and comment to the appropriate areawide health planning agency, or, if no such agency is in the area, then to such other public or nonprofit private agency or organization (if any) which performs similar functions. Pub. L. 91–296, § 401(b)(1)(D), struck out provision for use of up to 1 per centum of appropriation for grants under subsec. (e) by the Secretary for evaluation. 1967—Subsec. (a)(1). Pub. L. 90–174, § 2(a)(1), extended period for making grants to States from June 30, 1968, to June 30, 1970, increased appropriations authorization for fiscal year ending June 30, 1968, from $5,000,000 to $7,000,000, and authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending June 30, 1969, and 1970, respectively. Subsec. (a)(2)(I) to (K). Pub. L. 90–174, § 2(a)(2), added subpar. (I) and redesignated former subpars. (I) and (J) as (J) and (K), respectively. Subsec. (a)(4). Pub. L. 90–174, § 2(a)(3), limited Federal share of expenditures, in case of allotments for fiscal year ending June 30, 1968, to 75 per centum of cost of planning. Subsec. (b). Pub. L. 90–174, § 2(b)(1), (2), extended pe- riod for making grants to public or nonprofit private organizations from June 30, 1968, to June 30, 1970, and authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending June 30, 1969, and 1970, respec- tively, and provided for appropriate representation of interests of local government where recipient of grant is not a local government or combination thereof or an agency of such government or combination, respec- tively. Subsec. (c). Pub. L. 90–174, § 2(c), extended period for making grants to public or nonprofit private organiza- tions from June 30, 1968, to June 30, 1970, and author- ized appropriations of $5,000,000 and $7,500,000 for fiscal years ending June 30, 1969, and 1970, respectively. Subsec. (d)(1). Pub. L. 90–174, §§ 2(d)(1), 8(a), increased appropriations authorization for fiscal year ending June 30, 1968, from $62,500,000 to $70,000,000, and author- ized appropriations of $90,000,000 and $100,000,000 for fis- cal years ending June 30, 1969, and 1970, respectively, and made program evaluation funds available for any fiscal year ending after June 30, 1968, respectively. Subsec. (d)(5). Pub. L. 90–174, § 2(d)(2), made Federal share of 662⁄3 per centum applicable to the Trust Terri- tory of the Pacific Islands. Subsec. (d)(7). Pub. L. 90–174, § 2(d)(3), provided for an allocation of 70 per centum of funds for provision under the State plan of services in communities of the State. Subsec. (e). Pub. L. 90–174, §§ 2(e), 3(b)(2), 8(b), in- creased appropriations authorization for fiscal year ending June 30, 1968, from $62,500,000 to $90,000,000, au- thorized appropriations of $95,000,000 and $80,000,000 for fiscal years ending June 30, 1969, and 1970, respectively, inserted ‘‘(including related training)’’ after ‘‘providing services’’ in cl. (1), substituted ‘‘developing’’ for ‘‘stim- ulating’’ and inserted ‘‘(including related training)’’ after ‘‘health services’’ in cl. (2), struck out cl. (3) which authorized grants to cover part of cost of under- taking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services, and made program evalua- tion funds available for any fiscal year ending after June 30, 1968. Subsec. (f)(5). Pub. L. 90–174, § 12(d)(1), inserted ‘‘for’’ before ‘‘the expenses of travel’’. Subsec. (f)(6), (8). Pub. L. 90–174, § 12(d)(2), substituted ‘‘Department’’ for ‘‘Service’’. Subsec. (g)(4)(B). Pub. L. 90–174, § 2(f), defined ‘‘State’’ to include the Trust Territory of the Pacific Islands. 1966—Subsec. (a). Pub. L. 89–749 substituted provi- sions authorizing the Surgeon General to make grants to States to assist in comprehensive and continuing planning for their current and future health needs, au- thorizing appropriations therefor, setting out the re- quirements for an acceptable State plan for comprehen- sive State health planning, covering the allotting of the appropriated sums to the States, and the payment of the allotted funds, for provisions authorizing the Surgeon General, through the use of grants and other assistance, to help local programs of prevention, treat- ment, and control of venereal diseases, covering the payment of the costs of assistance by personnel of the Public Health Service to assist in carrying out the pur- poses of the section with respect to venereal disease, and authorizing the appropriation of funds. Subsec. (b). Pub. L. 89–749 substituted provisions for project grants by the Surgeon General covering the de- velopment of comprehensive regional, metropolitan, or local coordination of existing and planned health facili- ties and persons required for providing services and the authorization of appropriations of $5,000,000 for fiscal 1967 and $7,500,000 for fiscal 1968 for provisions author- izing the appropriation of funds to enable the Surgeon General to aid in the development of measures for the local prevention, treatment, and control of tuber- culosis. Subsec. (c). Pub. L. 89–749 substituted provisions for project grants for the development of improved or more effective comprehensive health planning throughout the United States and the authorization of appropria- tions of $1,500,000 for fiscal 1967 and $2,500,000 for fiscal 1968 for provisions authorizing the Surgeon General to assist, through grants and otherwise, in the establish- ment and maintenance of adequate public health serv- ices by States, counties, health districts, and other po- litical subdivisions, authorizing appropriations there- for, and covering the allotment, payment, and alloca- tion of appropriated funds. Subsec. (d). Pub. L. 89–749 substituted provisions au- thorizing grants by the Surgeon General to State health or mental health authorities to assist in estab- lishing and maintaining adequate public health serv- ices, setting out the requirements for an acceptable State plan for the supplying of public health services, authorizing an appropriation of $62,500,000 for fiscal 1968, the allotment of appropriated funds, payments to States, and the determination of the Federal share for provisions covering the allotment of appropriated funds among the several States on the basis of population, in- cidence of venereal disease, tuberculosis, mental health problems, and the financial needs of the various States. Subsec. (e). Pub. L. 89–749 substituted provisions for project grants for health services development to pub- lic or private nonprofit agencies and for the authoriza- tion of an appropriation of $62,500,000 for fiscal 1968 for provisions covering the establishment and maintenance of community programs of heart disease control and the allotments and appropriations therefor. Subsec. (f). Pub. L. 89–749 substituted provisions cov- ering the interchange of personnel with States, the ap- plication of statutes covering Federal employees to interchanged personnel, and the coverage of State offi- cers and employees, for provisions for the determina- tion and certification of amounts paid to each State from allotments thereto. Subsec. (g). Pub. L. 89–749 substituted provisions for consultation with State health planning agencies con- cerning regulations and amendments with respect to grants to States, the reduction of payments, cessation Page 177 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 246 of payments for non-compliance, and definitions, for provisions limiting the expending of grant funds for purposes specified by statute and by the agency, orga- nization, or institution to which payment was made. Subsecs. (h) to (m). Pub. L. 89–749 struck out subsecs. (h) to (m) which dealt, respectively, with requirement that State funds be provided for same purpose as that for which allotted funds are spent, cessation of Federal aid and procedures in connection therewith, promulga- tion of rules and regulations and consultation with State health authorities precedent thereto, availability of appropriated funds for administrative expenses in- cluding printing and travel expenses, applicability of section to Guam and Samoa, and reduction of pay- ments commensurate to expense of detailing of Public Health Service personnel to States. 1965—Subsec. (c). Pub. L. 89–109 substituted ‘‘first six fiscal years ending after June 30, 1961’’ for ‘‘first five fiscal years ending after June 30, 1961’’ and ‘‘$5,000,000’’ for ‘‘$2,500,000’’. 1962—Subsec. (l). Pub. L. 87–688 inserted ‘‘and Amer- ican Samoa’’, ‘‘or American Samoa’’, and ‘‘or American Samoa, respectively’’ after ‘‘Guam’’. 1961—Subsec. (c). Pub. L. 87–395, § 2(a)–(c), substituted ‘‘of the first five fiscal years ending after June 30, 1961, the sum of $50,000,000’’ for ‘‘fiscal year a sum not to ex- ceed $30,000,000’’, ‘‘such amount as may be necessary’’ for ‘‘an amount, not to exceed $3,000,000’’, ‘‘$2,500,000’’ for ‘‘$1,000,000’’, and provided that when an appro- priating act provides that the amounts it specifies are available only for allotments and payments for such services and activities under this subsection as speci- fied in such act, the requirements of subsec. (h) shall apply to such allotments and payments. Subsec. (m). Pub. L. 87–395, § 2(d), added subsec. (m). 1958—Subsec. (c). Pub. L. 85–544 designated existing provisions of second sentence as cl. (1) and added cl. (2). 1956—Subsec. (l). Act Aug. 1, 1956, added subsec. (l). 1948—Subsec. (e). Act June 16, 1948, § 5(a), added sub- sec. (e) to provide for community programs of heart disease control. Former subsec. (e) redesignated (f). Subsec. (f). Act June 16, 1948, § 5(a), (b), redesignated former subsec. (e) as (f) and inserted proviso relating to determination and certification of amounts to be paid under subsec. (e). Former subsec. (f) redesignated (g). Subsec. (g). Act June 16, 1948, § 5(a), (c), redesignated former subsec. (f) as (g) and brought subsecs. (e) and (f)(1) within the provisions of this subsection. Former subsec. (g) redesignated (h). Subsec. (h). Act June 16, 1948, § 5(a), (d), redesignated former subsec. (g) as (h) and made subsection applica- ble to agencies, institutions or other organizations specified in subsec. (f)(1). Former subsec. (h) redesig- nated (i). Subsec. (i). Act June 16, 1948, § 5(a), (e), redesignated former subsec. (h) as (i), made subsection applicable to subsec. (e), and made technical changes as a result of the renumbering of subsections. Former subsec. (i) re- designated (j). Subsecs. (j), (k). Act June 16, 1948, § 5(a), redesignated former subsecs. (i) and (j) as (j) and (k), respectively. 1946—Subsec. (c). Act July 3, 1946, increased annual appropriation from $20,000,000 to $30,000,000, and in- creased annual amount available to provide demonstra- tions and to train personnel for State and local health work from $2,000,000 to $3,000,000. Subsec. (d). Act July 3, 1946, provided that Surgeon General shall give special consideration to the extent of the mental health problem as well as other special problems. Subsecs. (f), (h), (i). Act July 3, 1946, provided that in matters relating to work in field of mental health Sur- geon General shall deal with State mental health au- thorities where they differ from general health authori- ties. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted 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, Edu- cation. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as a note under section 238l of this title. EFFECTIVE DATE OF 1980 AMENDMENT Section 107(d) of Pub. L. 96–398 provided that the amendment made by that section is effective Sept. 30, 1981. See Repeals note below. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–79 effective one year after Oct. 4, 1979, see section 129(a) of Pub. L. 96–79. EFFECTIVE DATE OF 1978 AMENDMENTS Pub. L. 95–626, title II, § 201(b)(2), Nov. 10, 1978, 92 Stat. 3570, provided that the amendment made by sec- tion is effective Oct. 1, 1979. Pub. L. 91–648, title IV, § 403(b), as added by Pub. L. 95–454, title VI, § 602(c), Oct. 13, 1978, 92 Stat. 1189, pro- vided that the repeal of subsec. (f) of this section (as applicable to commissioned officers of the Public Health Service) is effective beginning on the effective date of the Civil Service Reform Act of 1978, i.e., 90 days after Oct. 13, 1978. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–63, title I, § 102, July 29, 1975, 89 Stat. 304, provided that the amendment made by that section is effective with respect to grants made under subsec. (d) of this section from appropriations under such sub- section for fiscal years beginning after June 30, 1975. Amendment by section 501(b) of Pub. L. 94–63 effec- tive July 1, 1975, see section 608 of Pub. L. 94–63, set out as a note under section 247b of this title. EFFECTIVE DATE OF 1971 AMENDMENT Repeal of subsec. (f) of this section (less applicability to commissioned officers of the Public Health Service) by section 403(a) of Pub. L. 91–648, as amended by Pub. L. 94–454, § 602(c), effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91–648, set out as an Effective Date note under section 3371 of Title 5, Government Or- ganization and Employees. EFFECTIVE DATE OF 1970 AMENDMENTS Pub. L. 91–515, title II, § 260(c)(2), Oct. 30, 1970, 84 Stat. 1306, provided that: ‘‘The amendment made by para- graph (1) [amending this section] shall be effective with respect to grants under section 314(c) of the Public Health Service Act [42 U.S.C. 246(e)] which are made after the date of enactment of this Act [Oct. 30, 1970.]’’ Pub. L. 91–296, title IV, § 401(b)(1), June 30, 1970, 84 Stat. 352, provided that the amendment made by that section is effective with respect to appropriations for fiscal years beginning after June 30, 1970. EFFECTIVE DATE OF 1967 AMENDMENT Pub. L. 90–174, § 2(d)(2), (f), Dec. 5, 1967, 81 Stat. 534, provided that the amendments made by that section are effective July 1, 1968. Pub. L. 90–174, § 3(b), Dec. 5, 1967, 81 Stat. 535, provided that the amendment of this section, the repeal of sec- tion 291n of this title, and the enactment of provisions set out as a note under section 242b of this title by such section 3(b) is effective with respect to appropriations for fiscal years ending after June 30, 1967. EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–749, § 6, Nov. 3, 1966, 80 Stat. 1190, provided in part that: ‘‘The amendments made by section 3 [amending this section] shall become effective as of July 1, 1966, except that the provisions of section 314 of the Public Health Service Act [42 U.S.C. 246] as in effect Page 178 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 246 prior to the enactment of this Act shall be effective until July 1, 1967, in lieu of the provisions of sub- sections (d) and (e), and the provisions of subsections (g) insofar as they relate to such subsections (d) and (e), of section 314 of the Public Health Service Act as amended by this Act.’’ EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–688, § 4(b), Sept. 25, 1962, 76 Stat. 587, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 291g, 291i, and 291t of this title] shall become effective July 1, 1962.’’ EFFECTIVE AND TERMINATION DATE OF 1958 AMENDMENT Pub. L. 85–544, § 2, July 22, 1958, 72 Stat. 401, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall be applicable only to the fiscal years beginning July 1, 1958, and July 1, 1959.’’ EFFECTIVE DATE OF 1956 AMENDMENT Act Aug. 1, 1956, ch. 852, § 18, 70 Stat. 910, provided that the amendment made by that section is effective July 1, 1956. REPEALS The directory language of, but not the amendment made by, Pub. L. 96–398, title I, § 107(d), cited as a credit to this section and set out as an Effective Date of 1980 Amendment note above, which provided for repeal of subsec. (g) of this section, effective Sept. 30, 1981, was repealed by section 902(e)(1) of Pub. L. 97–35, title IX, Aug. 13, 1981, 95 Stat. 560, effective Oct. 1, 1981. TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of Health and Human Services under subsecs. (a)(2)(F) and (d)(2)(F) of this section, insofar as relates to the pre- scription of personnel standards on a merit basis, transferred to Office of Personnel Management, see sec- tion 4728(a)(3)(C) of this title. YEAR 2000 HEALTH OBJECTIVES PLANNING Pub. L. 101–582, Nov. 15, 1990, 104 Stat. 2867, provided for grants for State plans regarding health objectives for year 2000, prior to repeal by Pub. L. 102–531, title I, § 105, Oct. 27, 1992, 106 Stat. 3474. CONGRESSIONAL FINDINGS AND DECLARATION Pub. L. 95–626, title II, § 201(b)(1), Nov. 10, 1978, 92 Stat. 3570, provided that: ‘‘The Congress finds and de- clares that— ‘‘(A) individual health status can be effectively and economically improved through an adequate invest- ment in community public health programs and serv- ices; ‘‘(B) the Federal Government and the States and their communities share in the financial responsi- bility for funding public health programs; ‘‘(C) the Federal contribution to funds for public health programs should serve as an incentive to an additional investment by State and local govern- ments; ‘‘(D) existing categorical programs of Federal fi- nancial assistance to combat specific public health problems should be supplemented by a national pro- gram of stable generic support for such public health activities as the prevention and control of environ- mental health hazards, prevention and control of dis- eases, prevention and control of health problems of particularly vulnerable population groups, and devel- opment and regulation of health care facilities and health services delivery systems; and ‘‘(E) the States and their communities, not the Federal Government, should have primary responsi- bility for identifying and measuring the impact of public health problems and the allocation of re- sources for their amelioration.’’ Pub. L. 89–749, § 2, Nov. 3, 1966, 80 Stat. 1180, provided that: ‘‘(a) The Congress declares that fulfillment of our na- tional purpose depends on promoting and assuring the highest level of health attainable for every person, in an environment which contributes positively to health- ful individual and family living; that attainment of this goal depends on an effective partnership, involving close intergovernmental collaboration, official and vol- untary efforts, and participation of individuals and or- ganizations; that Federal financial assistance must be directed to support the marshaling of all health re- sources—national, State, and local—to assure com- prehensive health services of high quality for every person, but without interference with existing patterns of private professional practice of medicine, dentistry, and related healing arts. ‘‘(b) To carry out such purpose, and recognizing the changing character of health problems, the Congress finds that comprehensive planning for health services, health manpower, and health facilities is essential at every level of government; that desirable administra- tion requires strengthening the leadership and capac- ities of State health agencies; and that support of health services provided people in their communities should be broadened and made more flexible.’’ Act July 3, 1956, ch. 852, § 2, 70 Stat. 908, provided that: ‘‘(a) The Congress hereby finds and declares— ‘‘(1) that the latest information on the number and relevant characteristics of persons in the country suf- fering from heart disease, cancer, diabetes, arthritis and rheumatism, and other diseases, injuries, and handicapping conditions is now seriously out of date; and ‘‘(2) that periodic inventories providing reasonably current information on these matters are urgently needed for purposes such as (A) appraisal of the true state of health of our population (including both adults and children), (B) adequate planning of any programs to improve their health, (C) research in the field of chronic diseases, and (D) measurement of the numbers of persons in the working ages so disabled as to be unable to perform gainful work. ‘‘(b) It is, therefore, the purpose of this Act [see Short Title of 1956 Amendment note set out under section 201 of this title] to provide (1) for a continuing survey and special studies to secure on a non-compulsory basis ac- curate and current statistical information on the amount, distribution, and effects of illness and dis- ability in the United States and the services received for or because of such conditions; and (2) for studying methods and survey techniques for securing such sta- tistical information, with a view toward their con- tinuing improvement.’’ LIMITATION ON GRANTS-IN-AID TO SCHOOLS OF PUBLIC HEALTH Pub. L. 85–544, § 2, July 22, 1958, 72 Stat. 401, which had limited the authority of the Surgeon General to make grants-in-aid totaling not to exceed $1,000,000 annually to schools of public health for fiscal year beginning July 1, 1958, and July 1, 1959, was repealed by section 2 of Pub. L. 86–720, Sept. 8, 1960, 74 Stat. 820. GRANTS TO STATES TO PROVIDE FOR VACCINATION AGAINST POLIOMYELITIS The Poliomyelitis Vaccination Assistance Act of 1955, act Aug. 12, 1955, ch. 863, 69 Stat. 704, as amended Feb. 15, 1956, ch. 39, 70 Stat. 18, authorized appropriations to remain available until close of June 30, 1957 and pro- vided for allotments to States, State application for funds, payments to States, use of funds paid to States, furnishing of vaccine by Surgeon General, diversion of Federal funds, supervision over exercise of functions, and definitions. APPLICABILITY OF REORGANIZATION PLAN NO. 3 OF 1966 Pub. L. 89–749, § 7, Nov. 3, 1966, 80 Stat. 1190, provided that: ‘‘The provisions enacted by this Act [amending Page 179 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 247 this section and sections 242g and 243 of this title] shall be subject to the provisions of Reorganization Plan No. 3 of 1966 [42 U.S.C. 202 note].’’ Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred 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 Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 246a. Bureau of State Services management fund; establishment; advancements; avail- ability For the purpose of facilitating the economical and efficient conduct of operations in the Bu- reau of State Services which are financed by two or more appropriations where the costs of oper- ation are not readily susceptible of distribution as charges to such appropriations, there is es- tablished the Bureau of State Services manage- ment fund. Such amounts as the Secretary may determine to represent a reasonable distribution of estimated costs among the various appropria- tions involved may be advanced each year to this fund and shall be available for expenditure for such costs under such regulations as may be prescribed by the Secretary: Provided, That funds advanced to this fund shall be available only in the fiscal year in which they are ad- vanced: Provided further, That final adjustments of advances in accordance with actual costs shall be effected wherever practicable with the appropriations from which such funds are ad- vanced. (Pub. L. 86–703, title II, § 201, Sept. 2, 1960, 74 Stat. 765; Pub. L. 91–515, title II, § 282, Oct. 30, 1970, 84 Stat. 1308.) Editorial Notes CODIFICATION Section was not enacted as part of the Public Health Service Act which comprises this chapter. AMENDMENTS 1970—Pub. L. 91–515 substituted ‘‘Secretary’’ for ‘‘Sur- geon General’’ wherever appearing. § 247. Assisting veterans with military emergency medical training to meet requirements for becoming civilian health care professionals (a) Program (1) In general The Secretary may establish a program, in consultation with the Secretary of Labor, con- sisting of awarding demonstration grants to States to streamline State requirements and procedures in order to assist veterans who held certain military occupational specialties re- lated to medical care or who have completed certain medical training while serving in the Armed Forces of the United States to meet certification, licensure, and other require- ments applicable to civilian health care pro- fessions (such as emergency medical techni- cian, paramedic, licensed practical nurse, reg- istered nurse, physical therapy assistant, or physician assistant professions) in the State. (2) Consultation and collaboration In determining the eligible military occupa- tional specialties or training courses and the assistance required as described in paragraph (1), the Secretary shall consult with the Sec- retary of Defense, the Secretary of Veterans Affairs, and the Assistant Secretary of Labor for Veterans’ Employment and Training, and shall collaborate with the initiatives carried out under section 4114 of title 38 and sections 1142 through 1144 of title 10. (b) Use of funds Amounts received as a demonstration grant under this section shall be used to— (1) prepare and implement a plan to stream- line State requirements and procedures as de- scribed in subsection (a), including by— (A) determining the extent to which the requirements for the education, training, and skill level of civilian health care profes- sions (such as emergency medical techni- cians, paramedics, licensed practical nurses, registered nurses, physical therapy assist- ants, or physician assistants) in the State are equivalent to requirements for the edu- cation, training, and skill level of veterans who served in medical related fields while a member of the Armed Forces of the United States; and (B) identifying methods, such as waivers, for veterans who served in medical related fields while a member of the Armed Forces of the United States to forgo or meet any such equivalent State requirements; and (2) if necessary to meet workforce shortages or address gaps in education, training, or skill level to meet certification, licensure or other requirements applicable to becoming a civil- ian health care professional (such as an emer- gency medical technician, paramedic, licensed practical nurse, registered nurse, physical therapy assistant, or physician assistant pro- fessions) in the State, develop or expand ca- reer pathways at institutions of higher edu- cation to support veterans in meeting such re- quirements. (c) Report Upon the completion of the demonstration program under this section, the Secretary shall submit to Congress a report on the program. (d) Funding No additional funds are authorized to be ap- propriated for the purpose of carrying out this section. This section shall be carried out using amounts otherwise available for such purpose. (e) Sunset The demonstration program under this section shall not exceed 5 years. (July 1, 1944, ch. 373, title III, § 315, as added Pub. L. 114–198, title I, § 105, July 22, 2016, 130 Stat. 701.)

Cross-references

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 202 — Definitions

When used in this chapter— **(a)** The term “Service” means the Public Health Service; **(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service; **(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services. **(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; **(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; **(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. **(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands; **(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603. **(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; **(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 202 — Administration and supervision of Service

Page 53 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 202 experiments, and demonstrations relating to the cause, diagnosis, and treatment of psychiatric disorders; as- sisting and fostering such research activities by public and private agencies, and promoting the coordination of all such researches and activities and the useful ap- plication of their results; training personnel in matters relating to mental health; and developing, and assist- ing States in the use of, the most effective methods of prevention, diagnosis, and treatment of psychiatric dis- orders.’’ EXISTING POSITIONS, PROCEDURES, REGULATIONS, FUNDS, APPROPRIATIONS, AND PROPERTY Act July 1, 1944, ch. 373, title XIII, §§ 1301–1303, for- merly title VI, §§ 601–603, 58 Stat. 711, 712, as renum- bered by acts Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049; July 30, 1956, ch. 779, § 3(b), 70 Stat. 720; Pub. L. 88–581, § 4(b), Sept. 3, 1964, 78 Stat. 919; Pub. L. 89–239, § 3(b), Oct. 6, 1965, 79 Stat. 931; Pub. L. 91–572, § 6(b), Dec. 24, 1970, 84 Stat. 1506; Pub. L. 92–294, § 3(b), May 16, 1972, 86 Stat. 137; Pub. L. 93–154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, related to the effect of this chapter on existing po- sitions, procedures, regulations, funds, appropriations, and property, and was repealed by Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat. 936. APPROPRIATIONS FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES Act July 1, 1944, title XIII, § 1304, formerly title VI, § 604, 58 Stat. 712, as renumbered by acts Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049; July 30, 1956, ch. 779, § 3(b), 70 Stat. 720; Pub. L. 88–581, § 4(b), Sept. 4, 1964, 78 Stat. 919; Pub. L. 89–239, § 3(b), Oct. 6, 1965, 79 Stat. 931; Pub. L. 91–572, § 6(b), Dec. 24, 1970, 84 Stat. 1506; Pub. L. 92–294, § 3(b), May 16, 19

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 202

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 245 — Public awareness campaign on the importance of vaccinations

**(a) In general** The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall award competitive grants or contracts to one or more public or private entities to carry out a national, evidence-based campaign to increase awareness and knowledge of the safety and effectiveness of vaccines for the prevention and control of diseases, combat misinformation about vaccines, and disseminate scientific and evidence-based vaccine-related information, with the goal of increasing rates of vaccination across all ages, as applicable, particularly in communities with low rates of vaccination, to reduce and eliminate vaccine-preventable diseases. **(b) Consultation** In carrying out the campaign under this section, the Secretary shall consult with appropriate public health and medical experts, including the National Academy of Medicine and medical and public health associations and nonprofit organizations, in the development, implementation, and evaluation of the evidence-based public awareness campaign. **(c) Requirements** The campaign under this section shall— (1) be a nationwide, evidence-based media and public engagement initiative; (2) include the development of resources for communities with low rates of vaccination, including culturally and linguistically appropriate resources, as applicable; (3) include the dissemination of vaccine information and communication resources to public health departments, health care providers, and health care facilities, including such providers and facilities that provide prenatal and pediatric care; (4) be complementary to, and coordinated with, any other Federal, State, local, or Tribal efforts, as appropriate; and (5) assess the e

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 245

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 245 — Public awareness campaign on the impor-

Page 171 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 245 (6) Replacing old and outdated AED and CPR equipment, machinery, and educational mate- rials. (c) Eligibility; application To be eligible for a grant under subsection (a), an entity shall— (1) be a local educational agency (including a public charter school operating as a local educational agency under State law), in con- sultation with a qualified health care entity; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may rea- sonably require. (d) Definitions In this section: (1) ESEA terms The terms ‘‘elementary school’’, ‘‘local edu- cational agency’’, and ‘‘secondary school’’ have the meanings given such terms in section 7801 of title 20. (2) Qualified health care entity The term ‘‘qualified health care entity’’ means a health care entity that— (A) is— (i) a public entity; or (ii) an organization that is described in section 501(c) of title 26 and exempt from taxation under section 501(a) of such title; (B) demonstrates an ability to develop, train, and implement a comprehensive pro- gram to promote student access to defibrillation in public elementary and sec- ondary schools; and (C) is qualified in providing technical as- sistance in AED and CPR training. (July 1, 1944, ch. 373, title III, § 312D, as added Pub. L. 118–176, § 2(a), Dec. 23, 2024, 138 Stat. 2608.) § 245. Public awareness campaign on the impor- tance of vaccinations (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agen- cies, as appropriate, shall award competitive grants or contracts to one or more public or pri- vate entities to carry

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 245

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 246 — Grants and services to States

**(a) Comprehensive health planning and services** (1) In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Secretary is authorized during the period beginning July 1, 1966, and ending June 30, 1973, to make grants to States which have submitted, and had approved by the Secretary, State plans for comprehensive State health planning. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $2,500,000 for the fiscal year ending June 30, 1967, $7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, $15,000,000 for the fiscal year ending June 30, 1970, $15,000,000 for the fiscal year ending June 30, 1971, $17,000,000 for the fiscal year ending June 30, 1972, $20,000,000 for the fiscal year ending June 30, 1973, and $10,000,000 for the fiscal year ending June 30, 1974. (2) In order to be approved for purposes of this subsection, a State plan for comprehensive State health planning must— (A) designate, or provide for the establishment of, a single State agency, which may be an interdepartmental agency, as the sole agency for administering or supervising the administration of the State’s health planning functions under the plan; (B) provide for the establishment of a State health planning council, which shall include representatives of Federal, State, and local agencies (including as an ex officio member, if there is located in such State one or more hospitals or other health care facilities of the Department of Veterans Affairs, the individual whom the Secretary of Veterans Affairs shall have designated to serve on such council as the representative of the hospitals or other health care facilities of such Departmen

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