Att C_Authorizing Legislation 2(PL102-5431[1])

PUBLIC LAW 102-531-OCT. 27,1992
Public Law 102-531
102d Congress

106 STAT.3469

An Act

To amend the Public Health Service Act to revise and extend the program of
block grants for preventive health and health services, and for other purposes.

27,1992
OC~.
W.R. 36351

Be it enacted by the Senate and House of Representatives of
Preventive
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE;TABLE OF CONTENTS.

(a) SHORT
TITLE.-T~~sAct may be cited as the "Preventive
Health Amendments of 1992".
(b) TABLEOF CONTENTS.-T~~table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I-PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT
Sec. 101. Authorization of appropriations.
Sec. 102. Use of allotments.
Sec. 103. Apphcahon for pa
Sec. 104. Reports, data, ang,"$k.
TITLE 11-NATIONAL FOUNDATION FOR THE CENTERS FOR DISEASE
CONTROL AND PREVENTION
Sec. 201. Establishment of Foundation.
TITLE 111--CERTAIN PROGRAMS
Sec. 301. Injury control.
Sec. 302. Establishment of Office of Adolescent Health.
Sec. 303. Lead poisoning prevention.
See. 304. Preventable eases of infertilitr arising
- as result of sexually transmitted
diseases.
Sec. 305. Bulk purchases of vaccines for certain rograms.
Sec. 306. State programs regardin data on b i r t i defects.
See. 307. Screenings for breast anf cervical cancer.
See. 308. Screenings for prostate cancer.
Sec. 309. Certain programs.
See. 310. Internabonal cooperation.
Sec. 311. Miscellaneous provisions.
Sec. 312. Change in name pf Centers for Disease Control.
Sec. 313. Tecluucal corrections.
Sec. 314. Authorization of appropriations regarding vaccine compensation.

TITLE I-PREVENTIVE HEALTH AND
HEALTH SERVICES BLOCK GRANT
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

(a) IN G~~~RAL.-section
1901(a) of the Public Health Service
Act (42 U.S.C. 300w(a)) is amended by striking "For the purpose"
and all that follows and inserting the following: "For the purpose
of allotments under section 1902, there are authorized to be appropriated $205,000,000 for fiscal year 1993, and such sums as may
be necessary for each of the fiscal years 1994 through 1997.".
(b) ALLOCATIONFOR SERVICES
FOR RAPE VICTIMSAND FOR RAPE
PREVENTION.--S~C~~O~
1901(b) of the Public Health Service Act

Health
Amendments
of 1992.
42 USC 201
note.

106 STAT.3470

PUBLIC L A W 102-531-OCT. 27,1992

(42 U.S.C. 300w(b)) is amended by striking "$3,500,000" and insert-

ing "$7,000,000".

SEC. 102. USE OF ALLOTMENTS.

(a) IN G E N E R A L . - - - S ~
1904(aX1)
~ ~ ~ O ~ of the Public Health Service Act (42 U.S.C. 300~-3(a)(l))is amended to read as follows:
"(1) Except as provided in subsections (b) and (c), ayments made
to a State under section 1903 may be used for the folfowing:
"(A) Activities consistent with making rogress toward
achieving the objectives established by the gcretary for the
health status of the population of the United States for the
year 2000 (in this part referred to as 'year 2000 health
objectives').
"(B) Preventive health service programs for the control
of rodents and for community and school-based fluoridation
programs.
"(C) Feasibility studies and planning for emergency medical
services systems and the establishment, expansion, and
improvement of such systems. Amounts for such systems may
not be used for the costs of the operation of the systems or
the purchase of equipment for the systems, except that such
amounts may be used for the payment of not more than 50
percent of the costs of purchasing communications equipment
for the systems. Amounts may be expended for feasibility
studies or planning for the trauma-care components of such
systems only if the studies or planning, respectively, is consistent with the re uirements of section 1213(a).
"(D) ~rovi8ingservices to victims of sex offenses and for
prevention of sex offenses.
"(E)With respect to activities described in any of subparagraphs (A) through (D),related planning, administration, and
educational activities.
'YF) Monitoring and evaluation of activities carried out
under any of subparagraphs (A) through (El".
(b) TRANSFERS FROMCERTAIN
ALLOTMENT.-S~C~~O~
1904(c) of
the Public Health Service Act (42 U.S.C. 300w3(c)) is amended
by striking "parts B and C" and inserting "part B".
SEC. 103. APPLICATION FOR PAYMENTS.

(a) IN G E N E R A L . - - S ~ C
1905
~ ~ Oof~ the Public Health Service
Act (42 U.S.C. 300w-4) is amended to read as follows:
"APPLICATION FOR PAYMENTS; STATE PLAN

"SEC. 1905. (a) IN GENERAL.--T~~
Secretary may make payments under section 1903 to a State for a fiscal year only iffor
''(1) the State submits to the Secretary an application
-the payments;
"(2) the application contains a State plan in accordance
with subsection (b);
"(3) the application contains the certification described in
subsection (c);
"(4) the application contains such assurances as the Secretary may require regarding the compliance of the State with
the requirements of this part (including assurances regarding
compliance with the agreements described in subsection (c));
and

PUBLIC LAW 102-531-OCT. 27,1992

106 STAT.3471

''(5) the application is in such form and i~ submitted by
such date as the Secretary may require.
"(b) STATEPLAN.-A State plan required in subsection (aI(2)
for a fiscal year is in accordance with this subsection if the plan
meets the following conditions:
"(1) The plan is developed by the State agency with principal responsibility for public health programs, in consultation
with the advisorv committee established ~ u r s u a nto
t subsection
(c)(2).
"(2) The plan specifies the activities authorized in section
1904 that are to be carried out with payments made to the
State under section 1903, including a specification of the year
2000 health objectives for which the State will expend the
payments.
"(3) The plan specifies the populations in the State for
which such activities are to be carried out.
"(4) The plan specifies any populations in the State that
have a disparate need for such activities.
"(5) With respect to each population specified under paragraph (31, the plan contains a strategy for expending such
payments to carry out such activities to make progress toward
im roving the health status of the population, which strategy
inc udes"(A) a description of the programs and projects to be
carried out;
"(B) an estimate of the number of individuals to be
served by the programs and projects; and
"(C)an estimate of the number of public health personnel needed to carry out the strategy.
"(6) The plan specifies the amount of such payments to
be expended for each of such activities and, with respect to
the activity involved"(A) the amount to be expended for each population
specified under paragraph (3); and
"(B) the amount to be expended for each population
specified under paragraph (4).
"(c) STATECERTIFICATION.-Thecertification referred to in subsection (a)(3) for a fiscal year is a certification to the Secretary
by the chief executive officer of the State involved as follows:
"(l)(A) In the development of the State plan required in
subsection ( a I ( 2 t
"(i) the chief health officer of the State held public
hearings on the plan; and
''(ii) proposals for the plan were made public in a
manner that facilitated comments from public and private
entities (including Federal and other public agencies).
"(B) The State agrees that, if any revisions are made in
such plan during the fiscal year, the State will, with respect
to the revisions, hold hearings and make pro osals public in
accordance with subparagraph (A), and will sugmit to the Secretary a description of the revisions.
"(2) The State has established an advisory committee in
accordance with subsection (dl.
"(3) The State agrees to expend payments under section
1903 only for the activities authorized in section 1904.
"(4) The State agrees to expend such payments in accordance with the State plan submitted under subsection (a)(2)

7

106 STAT.3472

PUBLIC LAW 102-531-OCT.

27,1992

(with any revisions submitted to the Secretary under paragraph
(l)(B)),including making expenditures to carry out the strategy
contained in the plan pursuant to subsection (b)(5).
"(5)(A)The State agrees that, in the case of each population
for which such strategy is carried out, the State will measure
the extent of progress being made toward improving the health
status of the population.
"(B) The State agrees that"(i) the State will collect and report data in accordance
with section 1906(a);and
"(ii) for purposes of subparagraph (A), progress will
be measured through use of each of the applicable uniform
data items developed by the Secretary under paragraph
(2) of such section, or if no such items are applicable,
through use of the uniform criteria developed by the Secretary under paragraph (3) of such section.
"(6) With respect to the activities authorized in section
1904, the State agrees to maintain State expenditures for such
activities a t a level that is not less than the average level
of such expenditures maintained by the State for the 2-year
period preceding the fiscal year for which the State is applying
to receive payments under section 1903.
"(7) The State agrees to establish reasonable criteria to
evaluate the eEective performance of entities that receive funds
from such payments and procedures for procedural and substantive independent State review of the failure by the State
to provide funds for any such entity.
"(8)The State agrees to permit and cooperate with Federal
investigations undertaken in accordance with section 1907.
"(9) The State has in effect a system to protect from
inappropriate disclosure patient and sex offense victim records
maintained by the State in connection with an activity funded
under this part or by any entity which is receiving payments
from the allotment of the State under this part.
'Y10) The State agrees to provide the officer of the State
government responsible for the administration of the State
highway safety program with an opportunity to"(A) participate in the development of any plan by
the State relating to emergency medical services, as such
plan relates to highway safety; and
"(B) review and comment on any proposal by any State
agency to use any Federal grant or Federal payment
received by the State for the provision of emergency medical
services as such proposal relates to highway safety.
"(d) STATEADVISORY
COMMITFEE."(1) IN GENERAL.-For purposes of subsection (c)(2), an
advisory committee is in accordance with this subsection if
such committee is known as the State Preventive Health
Advisory Committee (in this subsection referred to as the
'Committee') and the Committee meets the conditions described
in the subsequent paragraphs of this subsection.
"(2) DUTIES.-A condition under paragraph (1)for a State
is that the duties of the Committee are"(A) to hold public hearings on the State plan required
in subsection (a)(2);and

PUBLIC LAW 102-531-OCT. 27,1992

106 STAT. 3473

"(B) to make recommendations pursuant to subsection
(b)(l) regarding the development and implementation of
such plan, including recommendations on"(i) the conduct of assessments of the public health;
"(ii) which of the activities authorized in section
1904 should be carried out in the State;
"(iii) the allocation of payments made to the State
under section 1903;
"(iv) the coordination of activities carried out under
such plan with relevant programs of other entities;
and
"(v) the collection and reporting of data in accordance with section 1906(a).
"(3) COMPOSITION."(A) A condition under paragraph (1) for a State is
that the Committee is composed of such members of the
general public, and such officials of the health departments
of political subdivisions of the State, as may be necessary
to provide adequate representation of the general public
and of such health departments.
"(B) With respect to compliance with subparagraph
(A), the membership of advisory committees established
pursuant to subsection (c)(2) may include representatives
of community-based organizations (including minority
community-based organizations), schools of public health,
and entities to which the State involved awards grants
or contracts to carry out activities authorized in section
1904.
"(4) CHAIR;MEETINGS.-A condition under paragraph (1)
for a State is that the State public health officer serves as
the chair of the Committee, and that the Committee meets
not less than twice each fiscal year.".
(b) DELAYEDAPPLICABILITY
OF REQUIREMENT
REGARDING42 USC 3 0 0 ~ - 4
ADVISORY COMM1ITEES.-With
respect to compliance with the note.
requirement established in subsection (c)(2) of section 1905 of the
Public Health Service Act (as amended by subsection (a) of this
section), a State is deemed, notwithstanding such section, to be
in compliance with such requirement if the State establishes an
advisory committee in accordance with subsection (dl of such section
not later than 180 days after the date of the enactment of this
Act.
SEC.104. REPORTS, DATA, AND AUDITS.

(a) IN G E N E R A L . - - ~ ~1906(a)
c ~ ~ o of
~ the Public Health Service
Act (42 U.S.C. 300w-5(a)) is amended to read as follows:
"(a)(l) For purposes of section 1905(c)(5)(B)(i),a State is collecting and reporting data for a fiscal year in accordance with this
subsection if the State submits to the Secretary, not later than
February 1of the succeeding fiscal year, a report that"(A) describes the purposes for which the State expended
payments made to the State under section 1903;
"(B) pursuant to section 1905(c)(5)(A),describes the extent
of progress made by the State for purposes of such section;
"(C)meets the conditions described in the subsequent paragraphs of this subsection; and

106 STAT. 3474

PUBLIC LAW 102-531-OCT.

27, 1992

"(Dl contains such additional information regarding activities authorized in section 1904, and is submitted in such form,
as the Secretary may require.
"(2)(A) The Secretary, in consultation with the States, shall
develop sets of data for uniform1 defining health status for purposes of the year 2000 health o&ectives (which sets are in this
subsection referred to as 'uniform data sets'). Each of such sets
shall consist of one or more categories of information (in this subsection individually referred to as a 'uniform data item'). The Secretary shall develop formats for the uniform collecting and reporting
of information on such items.
"(B) A condition under aragraph (1)(C) for a fiscal year is
that the State involved wilt in accordance with the applicable
format under subparagraph (A), collect during such year, and
include in the report under paragraph (1)'the necessary information
for one uniform data item from each of the uniform data sets,
which items are selected for the State by the Secretary.
"(C) In the case of fiscal year 1995 and each subsequent fiscal
year, a condition under paragraph (1)for a State is that the State
will, in accordance with the applicable format under subparagraph
(A), collect during such year, and include in the re ort under
paragraph (I), the necessary information for each of t e uniform
data sets appro riate to the year 2000 health objectives that the
State has, in t i e Siate plan submitted under section 1905 for
the fiscal year, specified as a purpose for which payments under
section 1903 are to be expended.
''(3) The Secretary, in consultation with the States, shall establish criteria for the uniform collection and reporting of data on
activities authorized in section 1904 with respect to which no uniform data items exist.
"(4) A condition under paragraph (1) for a fiscal year is that
the State involved will make copies of the report submitted under
such paragraph for the fiscal year available for public inspection,
and will upon request provide a copy of the report to any individual
for a charge not exceeding the cost of providing the copy.".
L~~IENDMENTs.--S~C~~O~
1906 of the Public
(b) CONFORMING
Health Service Act (42 U.S.C. 300w-5) is amended(1) in the heading for the section, by inserting ", DATA,"
after "REPORTS"; and
(2) by striking subsection (dl.

1

SEC. 105. REPEAL OF YEAR 2000 HEALTH OBJECTIVES PLANNING ACT.

The Year 2000 Health Objectives Planning Act (Public Law
101-582; 42 U.S.C. 246 note) is repealed.

TITLE 11-NATIONAL FOUNDATION FOR
THE CENTERS FOR DISEASE CONTROL AND PREVENTION
SEC. 201. ESTABLISHMENTOF FOUNDATION.

Title I11 of the Public Health Service Act (42 U.S.C. 241 et
seq.), as amended by section 401 of Public Law 102-321 (106
Stat. 419), is amended by adding a t the end the following new
part:

PUBLIC LAW 102-531-OCT. 27,1992

106 STAT. 3475

"PART
N-NATIONAL FOUNDATION
FOR THE CENTERS
FOR DISEASE
AND VENTI ION
CONTROL
"SEC. 399F. ESTABLISHMENTAND DUTIES OF FOUNDATION.

"(a) IN GENERAL.-T~~~~
shall be established in accordance
with this section a nonprofit rivate corporation to be known as
the National Foundation for tKe Centers for Disease Control and
Prevention (in this part referred to as the 'Foundation'). The
Foundation shall not be a n agency or instrumentality of the Federal
Government, and officers, emplo ees, and members of the board
of the Foundation shall not be o&cers or employees of the Federal
Government.
"(b) PURPOSEOF FOUNDATION.-T~~
purpose of the Foundation
shall be to sup ort and carry out activities for the revention
and control of &eases, disorders, injuries, and disabifities, and
for promotion of public health.
"(c) ENDOWMENT
FUND."(1) IN GENERAL.-In carrying out subsection (b), the
Foundation shall establish a fund for providing endowments
for positions that are associated with the Centers for Disease
Control and Prevention and dedicated to the purpose described
in such subsection. Subject to subsection (f)(l)(B), the fund
shall consist of such donations as may be provided by nonFederal entities and such non-Federal assets of the Foundation
(including earnin s of the Foundation and the fund) as the
Foundation may e ect to transfer to the fund.
"(2) AUTHORIZED
EXPENDITURES OF FUND.-T~~ provision
of endowments under paragraph (1) shall be the exclusive
function of the fund established under such paragraph. Such
endowments may be expended only for the compensation of
individuals holding the positions, for staff, equipment, quarters,
travel, and other expenditures that are appropriate in supporting the positions, and for recruiting individuals to hold the
positions endowed by the fund.
carrying out sub(dl CERTAIN
ACTMTIESOF FOUNDATION.-I~
section (b), the Foundation may provide for the following with
respect to the purpose described in such subsection:
"(1) Programs of fellowshi s for State and local public
health officials to work and stu y in association with the Centers for Disease Control and Prevention.
"(2) Programs of international arrangements to provide
opportunities for public health officials of other countries to
serve in public health ca acities in the United States in association with the Centersr!f Disease Control and Prevention or
elsewhere, or opportunities for employees of such Centers (or
other public health officials in the United States) to serve
in such capacities in other countries, or both.
"(3) Studies, projects, and research (which may include
applied research on the effectiveness of prevention activities,
demonstration projects, and programs and projects involving
international, Federal, State, and local governments).
"(4) Forums for government officials and appropriate private entities to exchange information. Participants in such
forums may include institutions of higher education and zppropriate international organizations.
"(5) Meetings, conferences, courses, and training workshops.

'i

1

42 USC 28Od-11.