Authorizing Legislation

National HIV Surveillance System (NHSS)

Attachment 1.
Authorizing Legislation

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part B - Federal-State Cooperation
§ 247b. Project grants for preventive health services
(a) Grant authority
The Secretary may make grants to States, and in consultation with State health authorities, to political
subdivisions of States and to other public entities to assist them in meeting the costs of establishing and
maintaining preventive health service programs.
(b) Application
No grant may be made under subsection (a) of this section unless an application therefor has been
submitted to, and approved by, the Secretary. Such an application shall be in such form and be submitted
in such manner as the Secretary shall by regulation prescribe and shall provide—
(1) a complete description of the type and extent of the program for which the applicant is seeking
a grant under subsection (a) of this section;
(2) with respect to each such program
(A) the amount of Federal, State, and other funds obligated by the applicant in its latest
annual accounting period for the provision of such program,
(B) a description of the services provided by the applicant in such program in such period,
(C) the amount of Federal funds needed by the applicant to continue providing such services
in such program, and
(D) if the applicant proposes changes in the provision of the services in such program, the
priorities of such proposed changes, reasons for such changes, and the amount of Federal funds
needed by the applicant to make such changes;
(3) assurances satisfactory to the Secretary that the program which will be provided with funds
under a grant under subsection (a) of this section will be provided in a manner consistent with the
State health plan in effect under section 300m–3 (c) 1 of this title and in those cases where the
applicant is a State, that such program will be provided, where appropriate, in a manner consistent
with any plans in effect under an application approved under section 247 1 of this title;
(4) assurances satisfactory to the Secretary that the applicant will provide for such fiscal control
and fund accounting procedures as the Secretary by regulation prescribes to assure the proper
disbursement of and accounting for funds received under grants under subsection (a) of this section;
(5) assurances satisfactory to the Secretary that the applicant will provide for periodic evaluation
of its program or programs;
(6) assurances satisfactory to the Secretary that the applicant will make such reports (in such form
and containing such information as the Secretary may by regulation prescribe) as the Secretary
may reasonably require and keep such records and afford such access thereto as the Secretary may
find necessary to assure the correctness of, and to verify, such reports;
(7) assurances satisfactory to the Secretary that the applicant will comply with any other
conditions imposed by this section with respect to grants; and
(8) such other information as the Secretary may by regulation prescribe.
(c) Approval; annual project review
(1) The Secretary shall not approve an application submitted under subsection (b) of this section
for a grant for a program for which a grant was previously made under subsection (a) of this section
unless the Secretary determines—

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(A) the program for which the application was submitted is operating effectively to achieve
its stated purpose,
(B) the applicant complied with the assurances provided the Secretary when applying for
such previous grant, and
(C) the applicant will comply with the assurances provided with the application.
(2) The Secretary shall review annually the activities undertaken by each recipient of a grant
under subsection (a) of this section to determine if the program assisted by such grant is operating
effectively to achieve its stated purposes and if the recipient is in compliance with the assurances
provided the Secretary when applying for such grant.
(d) Amount of grant; payment
The amount of a grant under subsection (a) of this section shall be determined by the Secretary.
Payments under such grants may be made in advance on the basis of estimates or by the way of
reimbursement, with necessary adjustments on account of underpayments or overpayments, and in such
installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes
of such grants.
(e) Reduction
The Secretary, at the request of a recipient of a grant under subsection (a) of this section, may reduce
the amount of such grant by—
(1) the fair market value of any supplies (including vaccines and other preventive agents) or
equipment furnished the grant recipient, and
(2) the amount of the pay, allowances, and travel expenses of any officer or employee of the
Government when detailed to the grant recipient and the amount of any other costs incurred in
connection with the detail of such officer or employee,
when the furnishing of such supplies or equipment or the detail of such an officer or employee is for
the convenience of and at the request of such grant recipient and for the purpose of carrying out a
program with respect to which the grant under subsection (a) of this section is made. The amount by
which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred
in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such
grant is based, and such amount shall be deemed as part of the grant and shall be deemed to have been
paid to the grant recipient.
(f) Recordkeeping; audit authority
(1) Each recipient of a grant under subsection (a) of this section shall keep such records as the
Secretary shall by regulation prescribe, including records which fully disclose the amount and
disposition by such recipient of the proceeds of such grant, the total cost of the undertaking in
connection with which such grant was made, and the amount of that portion of the cost of the
undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(2) The Secretary and the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access for the purpose of audit and examination to any books,
documents, papers, and records of the recipient of grants under subsection (a) of this section that
are pertinent to such grants.
(g) Use of grant funds; mandatory treatment prohibited
(1) Nothing in this section shall limit or otherwise restrict the use of funds which are granted to
a State or to an agency or a political subdivision of a State under provisions of Federal law (other
than this section) and which are available for the conduct of preventive health service programs
from being used in connection with programs assisted through grants under subsection (a) of this
section.
(2) Nothing in this section shall be construed to require any State or any agency or political
subdivision of a State to have a preventive health service program which would require any person,

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

who objects to any treatment provided under such a program, to be treated or to have any child
or ward treated under such program.
(h) Reports
The Secretary shall include, as part of the report required by section 300u–4 of this title, a report on
the extent of the problems presented by the diseases and conditions referred to in subsection (j) of
this section; on the amount of funds obligated under grants under subsection (a) of this section in
the preceding fiscal year for each of the programs listed in subsection (j) of this section; and on the
effectiveness of the activities assisted under grants under subsection (a) of this section in controlling
such diseases and conditions.
(i) Technical assistance
The Secretary may provide technical assistance to States, State health authorities, and other public
entities in connection with the operation of their preventive health service programs.
(j) Authorization of appropriations
(1) Except for grants for immunization programs the authorization of appropriations for which
are established in paragraph (2), for grants under subsections (a) and (k)(1) of this section for
preventive health service programs to immunize without charge children, adolescents, and adults
against vaccine-preventable diseases, there are authorized to be appropriated such sums as may be
necessary. Not more than 10 percent of the total amount appropriated under the preceding sentence
for any fiscal year shall be available for grants under subsection (k)(1) of this section for such
fiscal year.
(2) For grants under subsection (a) of this section for preventive health service programs for the
provision without charge of immunizations with vaccines approved for use, and recommended for
routine use, there are authorized to be appropriated such sums as may be necessary.
(k) Additional grants to States, political subdivisions, and other public and nonprofit private
entities
(1) The Secretary may make grants to States, political subdivisions of States, and other public
and nonprofit private entities for—
(A) research into the prevention and control of diseases that may be prevented through
vaccination;
(B) demonstration projects for the prevention and control of such diseases;
(C) public information and education programs for the prevention and control of such
diseases; and
(D) education, training, and clinical skills improvement activities in the prevention and
control of such diseases for health professionals (including allied health personnel).
(2) The Secretary may make grants to States, political subdivisions of States, and other public
and nonprofit private entities for—
(A) research into the prevention and control of diseases and conditions;
(B) demonstration projects for the prevention and control of such diseases and conditions;
(C) public information and education programs for the prevention and control of such
diseases and conditions; and
(D) education, training, and clinical skills improvement activities in the prevention and
control of such diseases and conditions for health professionals (including allied health
personnel).
(3) No grant may be made under this subsection unless an application therefor is submitted to
the Secretary in such form, at such time, and containing such information as the Secretary may
by regulation prescribe.
(4) Subsections (d), (e), and (f) of this section shall apply to grants under this subsection in the
same manner as such subsections apply to grants under subsection (a) of this section.
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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(l) Authority to purchase recommended vaccines for adults
(1) In general
The Secretary may negotiate and enter into contracts with manufacturers of vaccines for the
purchase and delivery of vaccines for adults as provided for under subsection (e).
(2) State purchase
A State may obtain additional quantities of such adult vaccines (subject to amounts specified
to the Secretary by the State in advance of negotiations) through the purchase of vaccines from
manufacturers at the applicable price negotiated by the Secretary under this subsection.
(m) Demonstration program to improve immunization coverage
(1) In general
The Secretary, acting through the Director of the Centers for Disease Control and Prevention,
shall establish a demonstration program to award grants to States to improve the provision
of recommended immunizations for children, adolescents, and adults through the use of
evidence-based, population-based interventions for high-risk populations.
(2) State plan
To be eligible for a grant under paragraph (1), a State shall submit to the Secretary an application at
such time, in such manner, and containing such information as the Secretary may require, including
a State plan that describes the interventions to be implemented under the grant and how such
interventions match with local needs and capabilities, as determined through consultation with
local authorities.
(3) Use of funds
Funds received under a grant under this subsection shall be used to implement interventions that
are recommended by the Task Force on Community Preventive Services (as established by the
Secretary, acting through the Director of the Centers for Disease Control and Prevention) or other
evidence-based interventions, including—
(A) providing immunization reminders or recalls for target populations of clients, patients,
and consumers;
(B) educating targeted populations and health care providers concerning immunizations in
combination with one or more other interventions;
(C) reducing out-of-pocket costs for families for vaccines and their administration;
(D) carrying out immunization-promoting strategies for participants or clients of public
programs, including assessments of immunization status, referrals to health care providers,
education, provision of on-site immunizations, or incentives for immunization;
(E) providing for home visits that promote immunization through education, assessments of
need, referrals, provision of immunizations, or other services;
(F) providing reminders or recalls for immunization providers;
(G) conducting assessments of, and providing feedback to, immunization providers;
(H) any combination of one or more interventions described in this paragraph; or
(I) immunization information systems to allow all States to have electronic databases for
immunization records.
(4) Consideration
In awarding grants under this subsection, the Secretary shall consider any reviews or
recommendations of the Task Force on Community Preventive Services.
(5) Evaluation

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Not later than 3 years after the date on which a State receives a grant under this subsection, the
State shall submit to the Secretary an evaluation of progress made toward improving immunization
coverage rates among high-risk populations within the State.
(6) Report to Congress
Not later than 4 years after March 23, 2010,1 the Secretary shall submit to Congress a report
concerning the effectiveness of the demonstration program established under this subsection
together with recommendations on whether to continue and expand such program.
(7) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection, such sums as may be necessary
for each of fiscal years 2010 through 2014.

Footnotes
1 See References in Text note below.

(July 1, 1944, ch. 373, title III, § 317, as added Pub. L. 87–868, § 2, Oct. 23, 1962, 76 Stat. 1155;
amended Pub. L. 89–109, § 2, Aug. 5, 1965, 79 Stat. 435; Pub. L. 91–464, § 2, Oct. 16, 1970, 84 Stat.
988; Pub. L. 92–449, title I, § 101, Sept. 30, 1972, 86 Stat. 748; Pub. L. 93–354, § 4, July 23, 1974, 88
Stat. 376; Pub. L. 94–63, title VI, § 601, July 29, 1975, 89 Stat. 346; Pub. L. 94–317, title II, § 202(a),
June 23, 1976, 90 Stat. 700; Pub. L. 94–380, § 2, Aug. 12, 1976, 90 Stat. 1113; Pub. L. 95–626, title II,
§§ 202, 204 (b)(2), Nov. 10, 1978, 92 Stat. 3574, 3583; Pub. L. 96–32, § 6(i), July 10, 1979, 93 Stat. 83;
Pub. L. 97–35, title IX, § 928, Aug. 13, 1981, 95 Stat. 569; Pub. L. 98–555, § 2, Oct. 30, 1984, 98 Stat.
2854; Pub. L. 99–117, § 11(c), Oct. 7, 1985, 99 Stat. 495; Pub. L. 100–177, title I, §§ 110(a), 111, Dec.
1, 1987, 101 Stat. 990, 991; Pub. L. 101–368, § 2, Aug. 15, 1990, 104 Stat. 446; Pub. L. 101–502, § 2(a),
Nov. 3, 1990, 104 Stat. 1285; Pub. L. 103–183, title III, § 301(b), Dec. 14, 1993, 107 Stat. 2235; Pub. L.
105–392, title III, § 303, Nov. 13, 1998, 112 Stat. 3586; Pub. L. 106–310, div. A, title XVII, § 1711, Oct.
17, 2000, 114 Stat. 1152; Pub. L. 111–148, title IV, § 4204(a)–(c), Mar. 23, 2010, 124 Stat. 571, 572.)
References in Text
Section 300m–3 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 99–660, title VII, § 701(a), Nov.
14, 1986, 100 Stat. 3799.
Section 247 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 99–117, § 12(b), Oct. 7, 1985, 99 Stat. 495.
March 23, 2010, referred to in subsec. (m)(6), was in the original “the date of enactment of the Affordable Health
Choices Act”, and was translated as meaning the date of enactment of the Patient Protection and Affordable Care Act,
Pub. L. 111–148, to reflect the probable intent of Congress. No act named the “Affordable Health Choices Act” has
been enacted.

Amendments
2010—Subsec. (j)(1). Pub. L. 111–148, § 4204(c)(1), struck out “for each of the fiscal years 1998 through 2005” after
“necessary”.
Subsec. (j)(2). Pub. L. 111–148, § 4204(c)(2), struck out “after October 1, 1997,” after “routine use,”.
Subsecs. (l), (m). Pub. L. 111–148, § 4204(a), (b), added subsecs. (l) and (m).
2000—Subsec. (j)(1). Pub. L. 106–310 substituted “1998 through 2005” for “1998 through 2002” in first sentence.
1998—Subsec. (j)(1). Pub. L. 105–392, § 303(1), substituted “children, adolescents, and adults against
vaccine-preventable diseases, there are authorized to be appropriated such sums as may be necessary for each of the
fiscal years 1998 through 2002.” for “individuals against vaccine-preventable diseases, there are authorized to be
appropriated $205,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992
through 1995.”
Subsec. (j)(2). Pub. L. 105–392, § 303(2), substituted “1997” for “1990”.
1993—Subsec. (j). Pub. L. 103–183, § 301(b)(1), redesignated subpars. (A) and (B) of par. (1) as pars. (1) and (2),
respectively, substituted “established in paragraph (2)” for “established in subparagraph (B)” in par. (1), and struck

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out former par. (2), which read as follows: “For grants under subsection (a) of this section for preventive health service
programs for the prevention, control, and elimination of tuberculosis, and for grants under subsection (k)(2) of this
section, there are authorized to be appropriated $24,000,000 for fiscal year 1988, $31,000,000 for fiscal year 1989,
$36,000,000 for fiscal year 1990, $36,000,000 for fiscal year 1991, and such sums as may be necessary for each of
the fiscal years 1992 through 1995. Not more than 10 percent of the total amount appropriated under the preceding
sentence for any fiscal year shall be available for grants under subsection (k)(2) of this section for such fiscal year.”
Subsec. (k)(2). Pub. L. 103–183, § 301(b)(2)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which
read as follows: “The Secretary may make grants to States, political subdivisions of States, and other public and
nonprofit private entities for—
“(A) research into the prevention, control, and elimination of tuberculosis, especially research concerning strains of
tuberculosis resistant to drugs and research concerning cases of tuberculosis that affect certain populations;
“(B) demonstration projects for the prevention, control, and elimination of tuberculosis;
“(C) public information and education programs for prevention, control, and elimination of tuberculosis; and
“(D) education, training, and clinical skills improvement activities in the prevention, control, and elimination of
tuberculosis for health professionals, including allied health personnel.”
Subsec. (k)(3). Pub. L. 103–183, § 301(b)(2)(B), redesignated par. (4) as (3). Former par. (3) redesignated (2).
Subsec. (k)(4), (5). Pub. L. 103–183, § 301(b)(2)(B), (C), redesignated par. (5) as (4) and made technical amendments
to references to subsections (d), (e), and (f) of this section and subsection (a) of this section, to reflect change in
references to corresponding provisions of original act. Former par. (4) redesignated (3).
Subsec. (l). Pub. L. 103–183, § 301(b)(3), struck out subsec. (l) which related to establishment and function of Advisory
Council for the Elimination of Tuberculosis.
1990—Subsec. (j)(1)(A). Pub. L. 101–502, § 2(a)(1), substituted provisions authorizing appropriations for fiscal years
1991 through 1995 for provisions authorizing appropriations for fiscal years 1988 through 1990.
Subsec. (j)(1)(B). Pub. L. 101–502, § 2(a)(2), substituted Oct. 1, 1990, for Dec. 1, 1987, and provisions authorizing
appropriations as may be necessary for provisions authorizing appropriations for fiscal years 1988 to 1990.
Subsec. (j)(1)(C). Pub. L. 101–502, § 2(a)(3), struck out subpar. (C) which, on the implementation of part 2 of
subchapter XIX of this chapter, authorized appropriations for grants under subsec. (a) of this section for fiscal years
1988 to 1990.
Subsec. (j)(2). Pub. L. 101–368, § 2(c), inserted provisions authorizing appropriations of $36,000,000 for fiscal year
1991, and such sums as may be necessary for fiscal years 1992 through 1995.
Pub. L. 101–368, § 2(a)(1), substituted “preventive health service programs for the prevention, control, and elimination
of tuberculosis” for “preventive health service programs for tuberculosis”.
Subsec. (k)(2)(A) to (D). Pub. L. 101–368, § 2(a)(2), substituted “prevention, control, and elimination” for “prevention
and control”.
Subsec. (l). Pub. L. 101–368, § 2(b), added subsec. (l).
1987—Subsec. (j). Pub. L. 100–177, §§ 110(a), 111 (a), amended subsec. (j) generally, substituting provisions
authorizing appropriations for fiscal years 1988 to 1990 for grants under subsecs. (a) and (k) of this section for former
provisions authorizing appropriations for fiscal years 1982 to 1987 for grants under subsec. (a) of this section.
Subsec. (k). Pub. L. 100–177, § 111(b), added subsec. (k).
1985—Subsec. (j). Pub. L. 99–117 amended directory language of Pub. L. 97–35, § 928(b), to correct a technical error.
See 1981 Amendment note below.
1984—Subsec. (j)(1). Pub. L. 98–555, § 2(a), substituted “immunize individuals against vaccine-preventable diseases”
for “immunize children against immunizable diseases” and inserted provisions authorizing appropriations for fiscal
years ending Sept. 30, 1985, 1986, and 1987.
Subsec. (j)(2). Pub. L. 98–555, § 2(b), inserted provisions authorizing appropriations for fiscal years ending Sept. 30,
1985, 1986, and 1987.
1981—Subsec. (a). Pub. L. 97–35, § 928(a), struck out par. (1) which related to grants to State health authorities, and
redesignated par. (2) as entire section and, as so redesignated, struck out reference to former par. (1).
Subsec. (j). Pub. L. 97–35, § 928(b), as amended by Pub. L. 99–117, substituted provisions authorizing appropriations
for fiscal years ending Sept. 30, 1982, 1983, and 1984, for provisions setting forth appropriations through fiscal year
ending Sept. 30, 1981, and provisions setting forth limitations, conditions, etc., for appropriations.

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1979—Subsec. (j)(4), (5). Pub. L. 96–32 added par. (4), redesignated former par. (4) as (5) and, in par. (5) as so
redesignated, substituted “paragraph (1), (2), (3), or (4)” for “paragraph (1), (2), or (3)”.
1978—Pub. L. 95–626, § 202, amended section generally, substituting provisions relating to project grants for
preventive health services for provisions relating to grants for disease control programs.
Subsec. (g)(2). Pub. L. 95–626, § 204(b)(2), struck out “Except as provided in section 247c of this title,” before “No
funds appropriated under any provision of this chapter”.
1976—Pub. L. 94–317 amended section generally to include many non-communicable diseases as well as expanding
coverage of communicable diseases, increased appropriations for grants, widened scope of Secretary’s authority to
make grants and enter into contracts to include nonprofit private entities, and required a report from the Secretary on the
effectiveness of all Federal and other public and private activities in controlling the diseases covered under this section.
Subsecs. (j) to (l). Pub. L. 94–380 added subsecs. (j) to (l).
1975—Subsec. (d)(3). Pub. L. 94–63, § 601(b), inserted authorization of appropriation for fiscal year 1976.
Subsec. (h)(1). Pub. L. 94–63, § 601(a), inserted reference to diseases borne by rodents.
1974—Subsec. (a). Pub. L. 93–354, § 4(1)–(3), substituted “communicable and other disease control” for
“communicable disease control”, “communicable and other diseases” for “communicable diseases”, and
“communicable and other disease control program” for “communicable disease program”.
Subsec. (b)(2)(C). Pub. L. 93–354, § 4(1), (4), substituted “communicable or other disease” for “communicable
disease” in cl. (i) and “communicable and other disease control” for “communicable disease control” in cl. (ii).
Subsecs. (b)(3), (d)(1), (2), (3), (f)(1). Pub. L. 93–354, § 4(1), substituted “communicable and other disease control”
for “communicable disease control”.
Subsec. (h)(1). Pub. L. 93–354, § 4(1), (5), substituted “communicable and other disease control” for “communicable
disease control” in two places and inserted reference to diabetes mellitus.
Subsec. (i). Pub. L. 93–354, § 4(1), substituted “communicable and other disease control” for “communicable disease
control”.
1972—Subsec. (a). Pub. L. 92–449 substituted provision for grants by the Secretary in consultation with the State
health authority to agencies and political subdivisions of States, for former provision for grants by the Secretary with
the approval of the State health authority to political subdivisions or instrumentalities of States, incorporated existing
provisions in provision designated as cl. (1), inserting “, in the area served by the applicant for the grant,”, substituted
a cl. (2) reading “design of the applicant’s communicable disease program to determine its effectiveness”, for former
provision reading “levels of performance in preventing and controlling such diseases”, struck out appropriations
authorization of $75,000,000 and $90,000,000 for fiscal years ending June 30, 1971, and 1972, now covered for
subsequent years in subsec. (d), and struck out provision for use of grants to meet cost of studies to determine the
control needs of communities and the means of best meeting such needs, now covered in subsec. (h)(1) of this section.
Subsec. (b). Pub. L. 92–449 substituted provisions of par. (1) respecting applications for grants, submission, approval,
form, and content of applications; par. (2) respecting application requirements; and par. (3) incorporating former
subsec. (g) provisions respecting consent of individuals for former definitions provision now incorporated in subsec.
(h) of this section.
Subsec. (c). Pub. L. 92–449 designated existing provisions as par. (1) and among minor punctuation changes inserted
“under grants” after “Payments”; and redesignated former subsec. (d) as par. (2), inserted “of the Government” after
“officer or employee”, substituted “in detailing the personnel” for “personal services”, and struck out provision that
reduced amount shall, for purposes of subsec. (c), be deemed to have been paid to the agency.
Subsec. (d). Pub. L. 92–449 substituted provisions respecting authorization of appropriations and limitation on use of
funds for provisions respecting grant reduction.
Subsec. (e). Pub. L. 92–449 substituted provisions for emergency plan development and authorization of appropriations
for provisions relating to use of funds.
Subsec. (f). Pub. L. 92–449 substituted provisions respecting conditional limitation on use of funds for provisions for
an annual report.
Subsec. (g). Pub. L. 92–449 incorporated former subsec. (f) provisions in introductory text and cl. (3), prescribed a
January 1 submission date, and inserted provisions of cls. (1), (2), and (4). Former subsec. (g) consent of individuals
provision respecting communicable disease control and vaccination assistance were covered in subsec. (b)(3) of this
section and section 247c (h) of this title.
Subsec. (h). Pub. L. 92–449 redesignated former subsec. (b) as (h), substituted in introductory text “this section” for
“this subsection”, and in par. (1) struck out “venereal disease” after “tuberculosis,”, inserted “(other than venereal

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disease)” after “other communicable diseases”, and included in definition of “communicable disease control program”
vaccination programs, laboratory services, and control studies.
Subsec. (i). Pub. L. 92–449 redesignated former subsec. (e) as (i), inserted reference to agency of a State, and substituted
“under provisions of Federal law (other than this chapter)” for “under other provisions of this chapter or other Federal
law”.
1970—Subsec. (a). Pub. L. 91–464 authorized appropriation of $75,000,000 for fiscal year ending June 30, 1971, and
$90,000,000 for fiscal year ending June 30, 1972, and made award of grants dependent upon extent of communicable
disease and success of programs and permitted use of grants for meeting cost of programs and studies to control
communicable diseases and struck out reference to purchase of vaccines and use of grants for salaries and expenses
of personnel and to authority of the Surgeon General.
Subsec. (b). Pub. L. 91–464 substituted definitions of “communicable disease control program” and “State” for
definition of “immunization program”.
Subsec. (c). Pub. L. 91–464 substituted reference to Secretary for reference to Surgeon General and struck out
provisions relating to purchasing and furnishing of vaccines and requirement of obtaining assurances from recipients
of grants.
Subsec. (d). Pub. L. 91–464 substituted reference to Secretary for reference to Surgeon General and struck out reference
to Public Health Service.
Subsec. (e). Pub. L. 91–464 struck out reference to title V of the Social Security Act and substituted provisions for the
use of funds for the conduct of communicable disease control programs for provisions for the purchase of vaccine or
for organizing, promoting, conducting, or participating in immunization programs.
Subsecs. (f), (g). Pub. L. 91–464 added subsecs. (f) and (g).
1965—Subsec. (a). Pub. L. 89–109, § 2(a), (b), (d)(1), inserted “and each of the next three fiscal years”, substituted
“any fiscal year ending prior to July 1, 1968” for “the fiscal years ending June 30, 1963, and June 30, 1964”, “tetanus,
and measles” for “and tetanus”, “of preschool age” for “under the age of five years”, and “immunization” for “intensive
community vaccination”, and permitted grants to be used to pay costs in connection with immunization of other
infectious diseases.
Subsec. (b). Pub. L. 89–109, § 2(c), (d)(1), substituted “against the diseases referred to in subsection (a) of this section”
for “against poliomyelitis, diphtheria, whooping cough, and tetanus”, “of preschool age” for “who are under the age
of five years” and “immunization” for “intensive community vaccination” in two places.
Subsec. (c). Pub. L. 89–109, § 2(d)(1), (e), inserted “on the basis of estimates” and “(with necessary adjustments on
account of underpayments or overpayments)” in par. (1), and substituted “immunization” for “intensive community
vaccination” in pars. (2) and (3).

Effective Date of 1978 Amendment
Section 202 of Pub. L. 95–626, as amended by Pub. L. 96–32, § 6(g), July 10, 1979, 93 Stat. 83, provided that the
amendment made by that section is effective Oct. 1, 1978.

Effective Date of 1976 Amendment
Section 202(a) of Pub. L. 94–317 provided that the amendment made by that section is effective with respect to grants
under this section for fiscal years beginning after June 30, 1975.

Effective Date of 1975 Amendment
Section 608 of title VI of Pub. L. 94–63 provided that: “Except as may otherwise be specifically provided, the
amendments made by this title [enacting sections 300c–21 and 300c–22 of this title, amending this section, and enacting
provisions set out as notes under sections 289, 289k–2, and 1395x of this title] and by titles I [amending section 246
of this title and enacting provisions set out as notes under section 246 of this title], II [enacting sections 300a–6a and
300a–8 of this title, amending sections 300 and 300a–1 to 300a–4 of this title, repealing section 3505c of this title, and
enacting provision set out as a note under section 300 of this title], III [enacting sections 2689 to 2689aa of this title,
amending sections 2691 and 2693 to 2696 of this title, and enacting provisions set out as notes under section 2689
of this title], IV [amending sections 218 and 254b of this title and enacting provision set out as a note under section
254b of this title], and V [enacting section 254c of this title and amending section 246 of this title] of this Act shall
take effect July 1, 1975. The amendments made by this title and by such titles to the provisions of law amended by
this title and by such titles are made to such provisions as amended by title VII of this Act [amending sections 246,
254b, 300, 300a–1 to 300a–3 of this title and sections 2681, 2687, 2688a, 2688d, 2688j–1, 2688j–2, 2688l, 2688l–1,
2688n–1, 2688o, and 2688u of this title].”

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Effective Date of 1972 Amendment
Pub. L. 92–449, title I, § 102, Sept. 30, 1972, 86 Stat. 750, provided that: “The amendment made by section 101 of
this title [amending this section] shall apply to grants made under section 317 of the Public Health Service Act [this
section] after June 30, 1972, except that subsection (d) of such section as amended by section 101 [subsec. (d) of this
section] shall take effect on the date of enactment of this Act [Sept. 30, 1972].”

Rule of Construction Regarding Access to Immunizations
Pub. L. 111–148, title IV, § 4204(d), Mar. 23, 2010, 124 Stat. 572, provided that: “Nothing in this section [amending
this section] (including the amendments made by this section), or any other provision of this Act [see Tables for
classification] (including any amendments made by this Act) shall be construed to decrease children’s access to
immunizations.”

Assistance of Administrator of Veterans’ Affairs in Administration of National
Swine Flu Immunization Program of 1976; Claims for Damages
Pub. L. 94–420, § 3, Sept. 23, 1976, 90 Stat. 1301, provided that, in order to assist Secretary of Health, Education,
and Welfare in carrying out National Swine Flu Immunization Program of 1976 pursuant to 42 U.S.C. 247b (j),
as added by Pub. L. 94–380, Administrator of Veterans’ Affairs, in accordance with 42 U.S.C. 247b (j), could
authorize administration of vaccine, procured under such program and provided by Secretary at no cost to Veterans’
Administration, to eligible veterans (voluntarily requesting such vaccine) in connection with provision of care for a
disability under chapter 17 of title 38, in any health care facility under jurisdiction of Administrator, and provided
for consideration and processing of claims and suits for damages for personal injury or death, in connection with
administration of vaccine.

Study by Secretary of Scope and Extent of Liability Arising Out of Immunization
Program; Alternative Protective Approaches; Report to Congress
Section 3 of Pub. L. 94–380 directed Secretary to conduct a study of liability for personal injuries or death arising
out of immunization programs and of alternative approaches to provide protection against such liability and report to
Congress on findings of such study by Aug. 12, 1977.

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part B - Federal-State Cooperation
§ 247c. Sexually transmitted diseases; prevention and control projects and programs
(a) Technical assistance to public and nonprofit private entities and scientific institutions
The Secretary may provide technical assistance to appropriate public and nonprofit private entities and
to scientific institutions for their research in, and training and public health programs for, the prevention
and control of sexually transmitted diseases.
(b) Research, demonstration, and public information and education projects
The Secretary may make grants to States, political subdivisions of States, and any other public and
nonprofit private entity for—
(1) research into the prevention and control of sexually transmitted diseases;
(2) demonstration projects for the prevention and control of sexually transmitted diseases;
(3) public information and education programs for the prevention and control of such diseases; and
(4) education, training, and clinical skills improvement activities in the prevention and control of
such diseases for health professionals (including allied health personnel).
(c) Project grants to States
The Secretary is also authorized to make project grants to States and, in consultation with the State
health authority, to political subdivisions of States, for—
(1) sexually transmitted diseases surveillance activities, including the reporting, screening, and
followup of diagnostic tests for, and diagnosed cases of, sexually transmitted diseases;
(2) casefinding and case followup activities respecting sexually transmitted diseases, including
contact tracing of infectious cases of sexually transmitted diseases and routine testing, including
laboratory tests and followup systems;
(3) interstate epidemiologic referral and followup activities respecting sexually transmitted
diseases; and
(4) such special studies or demonstrations to evaluate or test sexually transmitted diseases
prevention and control strategies and activities as may be prescribed by the Secretary.
(d) Grants for innovative, interdisciplinary approaches
The Secretary may make grants to States and political subdivisions of States for the development,
implementation, and evaluation of innovative, interdisciplinary approaches to the prevention and
control of sexually transmitted diseases.
(e) Authorization of appropriations; terms and conditions; payments; recordkeeping; audit;
grant reduction; information disclosure
(1) For the purpose of making grants under subsections (b) through (d) of this section, there are
authorized to be appropriated $85,000,000 for fiscal year 1994, and such sums as may be necessary
for each of the fiscal years 1995 through 1998.
(2) Each recipient of a grant under this section shall keep such records as the Secretary shall
prescribe, including records which fully disclose the amount and disposition by such recipient of
the proceeds of such grant, the total cost of the project or undertaking in connection with which
such grant was given or used, and the amount of that portion of the cost of the project or undertaking
supplied by other sources, and such other records as will facilitate an effective audit.
(3) The Secretary and the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access for the purpose of audit and examination to any books,

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documents, papers, and records of the recipients of grants under this section that are pertinent to
such grants.
(4) The Secretary, at the request of a recipient of a grant under this section, may reduce such
grant by the fair market value of any supplies or equipment furnished to such recipient and by the
amount of pay, allowances, travel expenses, and any other costs in connection with the detail of an
officer or employee of the United States to the recipient when the furnishing of such supplies or
equipment or the detail of such an officer or employee is for the convenience of and at the request
of such recipient and for the purpose of carrying out the program with respect to which the grant
under this section is made. The amount by which any such grant is so reduced shall be available for
payment by the Secretary of the costs incurred in furnishing the supplies, equipment, or personal
services on which the reduction of such grant is based.
(5) All information obtained in connection with the examination, care, or treatment of any
individual under any program which is being carried out with a grant made under this section shall
not, without such individual’s consent, be disclosed except as may be necessary to provide service
to him or as may be required by a law of a state or political subdivision of a State. Information
derived from any such program may be disclosed—
(A) in summary, statistical, or other form; or
(B) for clinical or research purposes;
but only if the identity of the individuals diagnosed or provided care or treatment under such
program is not disclosed.
(f) Consent of individuals
Nothing in this section shall be construed to require any State or any political subdivision of a State
to have a sexually transmitted diseases program which would require any person, who objects to any
treatment provided under such a program, to be treated under such a program.
(July 1, 1944, ch. 373, title III, § 318, as added Pub. L. 92–449, title II, § 203, Sept. 30, 1972, 86 Stat.
751; amended Pub. L. 94–317, title II, § 203(b)–(i), June 23, 1976, 90 Stat. 704, 705; Pub. L. 94–484, title
IX, § 905(b)(2), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95–626, title II, § 204(b)(1), (c), (d), Nov. 10, 1978,
92 Stat. 3583; Pub. L. 96–32, § 6(j), July 10, 1979, 93 Stat. 84; Pub. L. 97–35, title IX, § 929, Aug. 13,
1981, 95 Stat. 569; Pub. L. 98–555, § 3, Oct. 30, 1984, 98 Stat. 2854; Pub. L. 100–607, title III, § 311,
Nov. 4, 1988, 102 Stat. 3112; Pub. L. 103–183, title IV, § 401, Dec. 14, 1993, 107 Stat. 2236; Pub. L.
105–392, title IV, § 401(b)(2), (c), Nov. 13, 1998, 112 Stat. 3587.)
Prior Provisions
A prior section 247c, act July 1, 1944, ch. 373 title III, § 318, as added Aug. 18, 1964, Pub. L. 88–443, § 2, 78 Stat.
447, related to grants for assisting in the areawide planning of health and related facilities, prior to repeal by Pub. L.
89–749, § 6, Nov. 3, 1966, 80 Stat. 1190 eff. July 1, 1967.

Amendments
1998—Subsec. (e). Pub. L. 105–392, § 401(b)(2), redesignated subsec. (e), relating to consent of individuals, as (f).
Subsec. (e)(5). Pub. L. 105–392, § 401(c), made technical amendment to directory language of Pub. L. 103–183, §
401(c)(3). See 1993 Amendment note below.
Subsec. (f). Pub. L. 105–392, § 401(b)(2), redesignated subsec. (e), relating to consent of individuals, as (f).
1993—Subsec. (b)(3). Pub. L. 103–183, § 401(c)(1), substituted “; and” for “, and”.
Subsec. (c)(3). Pub. L. 103–183, § 401(c)(2), which directed the substitution of “; and” for “, and”, could not be
executed because “, and” did not appear.
Subsec. (d). Pub. L. 103–183, § 401(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 103–183, § 401(a)(1), redesignated subsec. (d), relating to authorization of appropriations, etc.,
as (e).

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Subsec. (e)(1). Pub. L. 103–183, § 401(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“For the purpose of making grants under subsections (b) and (c) of this section there are authorized to be appropriated
$45,000,000 for the fiscal year ending September 30, 1979, $51,500,000 for the fiscal year ending September 30,
1980, $59,000,000 for the fiscal year ending September 30, 1981, $40,000,000 for the fiscal year ending September
30, 1982, $46,500,000 for the fiscal year ending September 30, 1983, $50,000,000 for the fiscal year ending September
30, 1984, $57,000,000 for the fiscal year ending September 30, 1985, $62,500,000 for the fiscal year ending September
30, 1986, $68,000,000 for the fiscal year ending September 30, 1987, $78,000,000 for fiscal year 1989, and such sums
as may be necessary for each of the fiscal years 1990 and 1991. For grants under subsection (b) of this section in any
fiscal year, the Secretary shall obligate not less than 10 per centum of the amount appropriated for such fiscal year
under the preceding sentence. Grants made under subsection (b) or (c) of this section shall be made on such terms and
conditions as the Secretary finds necessary to carry out the purposes of such subsection, and payments under any such
grants shall be made in advance or by way of reimbursement and in such installments as the Secretary finds necessary.”
Subsec. (e)(5). Pub. L. 103–183, § 401(c)(3), as amended by Pub. L. 105–392, § 401(c), substituted “form; or” for
“form, or” in subpar. (A) and “purposes;” for “purposes,” in subpar. (B).
1988—Pub. L. 100–607, § 311(1), amended section catchline.
Subsec. (d). Pub. L. 100–607, § 311(2), (3), redesignated subsec. (e) as (d) and struck out former subsec. (d) which
related to acquired immune deficiency syndrome.
Subsec. (d)(1). Pub. L. 100–607, § 311(4), substituted “(b) and (c)” for “(b), (c), and (d)”, struck out “and” after “1986,”,
and inserted “, $78,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990
and 1991” before period at end of first sentence; substituted “(b) or (c)” for “(b), (c), or (d)” in third sentence; and
struck out at end “If the appropriations under the first sentence for fiscal year 1985 exceed $50,000,000, one-half of
the amount in excess of $50,000,000 shall be made available for grants under subsection (d) of this section; if the
appropriations under the first sentence for fiscal year 1986 exceed $52,500,000, one-half of the amount in excess of
$52,500,000 shall be made available for such grants; and if the appropriations under the first sentence for fiscal year
1987 exceed $55,000,000, one-half of the amount in excess of $55,000,000 shall be made available for such grants.”
Subsecs. (e) to (g). Pub. L. 100–607, § 311(2), (3), struck out subsec. (f) which related to conditional limitation on use
of funds and redesignated subsecs. (e) and (g) as (d) and (e), respectively.
1984—Subsec. (a). Pub. L. 98–555, § 3(b)(1), substituted “research in, and training and public health programs for,
the prevention and control of sexually transmitted diseases” for “research, training, and public health programs for the
prevention and control of venereal disease”.
Subsec. (b). Pub. L. 98–555, § 3(b)(2), in amending subsec. (b) generally, designated existing provisions as pars. (1)
to (3), added par. (4), and substituted references to sexually transmitted diseases for reference to venereal disease.
Subsec. (c). Pub. L. 98–555, § 3(b)(3), (6)(A), substituted “sexually transmitted diseases” for “venereal disease”
wherever appearing, struck out par. (4) relating to professional venereal disease education, training and clinical skills
improvement activities, and redesignated par. (5) as (4).
Subsec. (d). Pub. L. 98–555, § 3(b)(5)(A), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 98–555, § 3(a), (b)(4), (5), redesignated subsec. (d) as (e), and in par. (1) of subsec. (e) as so
redesignated, substituted “(b), (c), and (d)” for “(b) and (c)”, inserted provisions authorizing appropriations for fiscal
years ending Sept. 30, 1985, 1986, and 1987, substituted “10 per centum” for “5 per centum”, and inserted provisions
directing that one-half the excess of appropriations in fiscal years 1985, 1986, and 1987 over certain amounts be made
available for grants under subsec. (d). Notwithstanding language of section 3 (b)(5)(B)(ii) directing the substitution
of “(b), (c), or (d)” for “(b) or (c)” in second sentence of subsec. (e)(1), the amendment was executed by making the
substitution in third sentence of subsec. (e)(1) to reflect the probable intent of Congress because “(b) or (c)” did not
appear in second sentence. Former subsec. (e) redesignated (f).
Subsecs. (f), (g). Pub. L. 98–555, § 3(b)(5)(A), (6)(A), (C), redesignated subsecs. (e) and (f) as (f) and (g), respectively,
in subsecs. (f) and (g) as so redesignated, substituted “sexually transmitted diseases” for “venereal disease”, and struck
out former subsec. (g) which defined venereal disease.
1981—Subsec. (d)(1). Pub. L. 97–35 inserted provisions authorizing appropriations for fiscal years ending Sept. 30,
1982, 1983, and 1984.
1979—Subsec. (b). Pub. L. 96–32 amended directory language of Pub. L. 95–626, § 204(c)(2), and required no change
in text. See 1978 Amendment note below.
1978—Subsec. (b). Pub. L. 95–626, § 204(c)(2), as amended by Pub. L. 96–32, substituted “research, demonstrations,
and public information and education for the prevention and control of venereal disease” for “research, demonstrations,
education, and training for the prevention and control of venereal disease”, struck out “(1)” preceding provisions thus

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amended, and struck out par. (2) which authorized appropriation of $5,000,000 for fiscal year 1976, $6,600,000 for
fiscal year 1977, and $7,600,000 for fiscal year 1978 for purpose of carrying out this subsection.
Subsec. (c). Pub. L. 95–626, § 204(d), struck out “(1)” after “(c)” at beginning of existing provisions, changed
designations at beginning of each of the five clauses from “(A)”, “(B)”, “(C)”, “(D)”, and “(E)” to “(1)”, “(2)”, “(3)”,
“(4)”, and “(5)”, respectively, substituted “The Secretary is also authorized” for “The Secretary is authorized” in
provisions preceding cl. (1) as redesignated, substituted “professional (including appropriate allied health personnel)
venereal disease education, training and clinical skills improvement activities” for “professional and public venereal
disease education activities” in cl. (4) as redesignated, and struck out former par. (2) which had authorized
appropriations of $32,000,000 for fiscal year 1976, $41,500,000 for fiscal year 1977, and $43,500,000 for fiscal year
1978.
Subsec. (d)(1). Pub. L. 95–626, § 204(c)(1), inserted provisions authorizing appropriations of $45,000,000 for fiscal
year ending Sept. 30, 1979, $51,500,000 for fiscal year ending Sept. 30, 1980, and $59,000,000 for fiscal year ending
Sept. 30, 1981, for purpose of making grants under subsecs. (b) and (c) of this section, and inserted provisions directing
Secretary to obligate not less than 5 per centum of amount appropriated for any fiscal year.
Subsec. (f). Pub. L. 95–626, § 204(b)(1), redesignated subsec. (g) as (f). Former subsec. (f), requiring that not to exceed
50 per centum of amounts appropriated for any fiscal year under subsecs. (b) and (c) of this section could be used by
Secretary for grants for such fiscal year under section 247b of this title, was struck out.
Subsec. (g). Pub. L. 95–626, § 204(b)(1), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
1976—Subsec. (a). Pub. L. 94–317, § 203(c), substituted “public and nonprofit private entities and to” for “public
authorities and”.
Subsec. (b)(1). Pub. L. 94–317, § 203(i), inserted “education,” before “and training”.
Subsec. (b)(2). Pub. L. 94–317, § 203(b)(1), substituted provisions authorizing appropriations of $5,000,000 for
fiscal year 1976, $6,600,000 for fiscal year 1977, and $7,600,000 for fiscal year 1978, for provisions authorizing
appropriations of $7,500,000 for fiscal year ending June 30, 1973, and for each of the next two fiscal years.
Subsec. (c). Pub. L. 94–484, purported to amend former subsec. (c)(1) by defining “State” to include the Northern
Mariana Islands. Former subsec. (c) of this section had been previously repealed by section 203(f)(1) of Pub. L. 94–317.
See par. below.
Pub. L. 94–317, § 203(b)(2), (d), (e), (f)(1), (3), (8), redesignated subsec. (d) as (c), inserted, in par. (1)(B), reference
to routine testing, including laboratory tests and followup systems and substituted in par. (1)(E). “prevention and
control strategies and activities” for “control” and, in par. (2), provisions authorizing appropriations of $32,000,000
for fiscal year 1976, $41,500,000 for fiscal year 1977, and $43,500,000 for fiscal year 1978, for provisions authorizing
appropriations of $30,000,000 for the fiscal year ending June 30, 1973, and for each of the next two succeeding fiscal
years. Former subsec. (c), which provided for authorization of appropriations to enable the Secretary to make grants
to state health authorities to establish and maintain programs for diagnosis and treatment of venereal disease was
amended by striking out reference to dark-field microscope techniques for diagnosis of both gonorrhea an syphilis,
and as so amended, was repealed.
Subsec. (d). Pub. L. 94–317, § 203(f)(2), (4), (5), (8), redesignated subsec. (e) as (d), substituted in par. (1) “or (c)”
for “or (d)”, struck out in par. (4) provisions relating to the amount of reduction of a grant under former subsec. (c)
whereby such amount shall be deemed a part of the grant to the recipient of the grant and shall be deemed to have
been paid to such recipient, and inserted in par. (5) reference to requirement by law of a State or political subdivision
of a state. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 94–317, § 203(f)(8), (g), redesignated subsec. (f) as (e) and substituted “247b(g)(2) of this title”
for “247b(d)(4) of this title”. Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 94–317, § 203(f)(6), (8), redesignated subsec. (g) as (f) and substituted “and (c)” for “, (c), and
(d)”. Former subsec. (f) redesignated (e).
Subsec. (g). Pub. L. 94–317, § 203(f)(7), (8), redesignated subsec. (h) as (g) and struck out “treated or to have any
child or ward of his” after “a program, to be”. Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 94–317, § 203(h), added subsec. (h). Former subsec. (h) redesignated (g).

Effective Date of 1998 Amendment
Amendment by Pub. L. 105–392 deemed to have taken effect immediately after enactment of Pub. L. 103–183, see
section 401(e) of Pub. L. 105–392, set out as a note under section 242m of this title.

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Distribution of Information on Acquired Immune Deficiency Syndrome by
Director of Centers for Disease Control to Every American Household
Pub. L. 100–202, § 101(h) [title II], Dec. 22, 1987, 101 Stat. 1329–256, 1329–365, provided: “That the Director shall
cause to be distributed without necessary clearance of the content by any official, organization or office, an AIDS
mailer to every American household by June 30, 1988, as approved and funded by the Congress in Public Law 100–71
[July 11, 1987, 101 Stat. 391].”

Congressional Findings and Declarations
Section 204(a) of Pub. L. 95–626 provided that: “The Congress finds and declares that—
“(1) the number of reported cases of venereal disease persists in epidemic proportions in the United States;
“(2) the number of persons affected by venereal disease and reported to public health authorities is only a fraction
of those actually affected;
“(3) the incidence of venereal disease continues to be particularly high among American youth, ages fifteen to
twenty-nine, and among populations in metropolitan areas;
“(4) venereal disease accounts for severe permanent disabilities and sometimes death in newborns and causes
reproductive dysfunction in women of childbearing age;
“(5) it is conservatively estimated that the public cost of health care for persons suffering from complications of
venereal disease exceeds one-half billion dollars annually;
“(6) the number of trained Federal venereal disease prevention and control personnel has fallen to a dangerously
inadequate level;
“(7) no vaccine for syphilis, gonorrhea, or any other venereal disease has yet been developed, nor does a blood test
for the detection of asymptomatic gonorrhea in women exist, nor are safe and effective therapeutic agents available
for some other venereal diseases;
“(8) school health education programs, public information and awareness campaigns, mass diagnostic screening and
case followup have all been found to be effective venereal disease prevention and control methodologies;
“(9) skilled and knowledgeable health care providers, informed and concerned individuals and active, well-coordinated
voluntary groups are fundamental to venereal disease prevention and control;
“(10) biomedical research toward improved diagnostic and therapeutic tools is of singular importance to the elimination
of venereal disease; and
“(11) an increasing number of sexually transmissible diseases besides syphilis and gonorrhea have become a public
health hazard.”
Section 203(a) of Pub. L. 94–317 provided that: “The Congress finds and declares that—
“(1) the number of reported cases of venereal disease continues in epidemic proportions in the United States;
“(2) the number of patients with venereal disease reported to public health authorities is only a fraction of those actually
infected;
“(3) the incidence of venereal disease is particularly high in the 15–29-year age group, and in metropolitan areas;
“(4) venereal disease accounts for needless deaths and leads to such severe disabilities as sterility, insanity, blindness,
and crippling conditions;
“(5) the number of cases of congenital syphilis, a preventable disease, tends to parallel the incidence of syphilis in
adults;
“(6) it is conservatively estimated that the public cost of care for persons suffering the complications of venereal
disease exceed $80,000,000 annually;
“(7) medical researchers have no successful vaccine for syphilis or gonorrhea, and have no blood test for the detection
of gonorrhea among the large reservoir of asymptomatic females;
“(8) school health education programs, public information and awareness campaigns, mass diagnostic screening and
case followup activities have all been found to be effective disease intervention methodologies;
“(9) knowledgeable health providers and concerned individuals and groups are fundamental to venereal disease
prevention and control;
“(10) biomedical research leading to the development of vaccines for syphilis and gonorrhea is of singular importance
for the eventual eradication of these dreaded diseases; and

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“(11) a variety of other sexually transmitted diseases, in addition to syphilis and gonorrhea, have become of public
health significance.”
Section 202 of Pub. L. 92–449 provided that:
“(a) The Congress finds and declares that—
“(1) the number or reported cases of venereal disease has reached epidemic proportions in the United States;
“(2) the number of patients with venereal disease reported to public health authorities is only a fraction of those treated
by physicians;
“(3) the incidence of venereal disease is particularly high among individuals in the 20–24 age group, and in
metropolitan areas;
“(4) venereal disease accounts for needless deaths and leads to such severe disabilities as sterility, insanity, blindness,
and crippling conditions;
“(5) the number of cases of congenital syphilis, a preventable disease, in infants under one year of age increased by
331/3 per centum between 1970 and 1971;
“(6) health education programs in schools and through the mass media may prevent a substantial portion of the venereal
disease problem; and
“(7) medical authorities have no successful vaccine for syphilis or gonorrhea and no blood test for the detection of
gonorrhea among the large reservoir of asymptomatic females.
“(b) In order to preserve and protect the health and welfare of all citizens, it is the purpose of this Act [this chapter] to
establish a national program for the prevention and control of venereal disease.”

-6-

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-CITE42 USC Sec. 242b

01/19/04

-EXPCITETITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part A - Research and Investigations
-HEADSec. 242b. General authority respecting research, evaluations, and
demonstrations in health statistics, health services, and health
care technology
-STATUTE(a) Scope of activities
The Secretary may, through the Agency for Healthcare Research and
Quality or the National Center for Health Statistics, or using Ruth
L. Kirschstein National Research Service Awards or other
appropriate authorities, undertake and support training programs to
provide for an expanded and continuing supply of individuals
qualified to perform the research, evaluation, and demonstration
projects set forth in section 242k of this title and in subchapter
VII of this chapter.
(b) Additional authority; scope of activities
To implement subsection (a) of this section and section 242k of
this title, the Secretary may, in addition to any other authority
which under other provisions of this chapter or any other law may
be used by him to implement such subsection, do the following:

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(1) Utilize personnel and equipment, facilities, and other
physical resources of the Department of Health and Human
Services, permit appropriate (as determined by the Secretary)
entities and individuals to utilize the physical resources of
such Department, provide technical assistance and advice, make
grants to public and nonprofit private entities and individuals,
and, when appropriate, enter into contracts with public and
private entities and individuals.
(2) Admit and treat at hospitals and other facilities of the
Service persons not otherwise eligible for admission and
treatment at such facilities.
(3) Secure, from time to time and for such periods as the
Secretary deems advisable but in accordance with section 3109 of
title 5, the assistance and advice of consultants from the United
States or abroad. The Secretary may for the purpose of carrying
out the functions set forth in sections 242c,(!1) 242k, and 242n
(!1) of this title, obtain (in accordance with section 3109 of
title 5, but without regard to the limitation in such section on
the number of days or the period of service) for each of the
centers the services of not more than fifteen experts who have
appropriate scientific or professional qualifications.
(4) Acquire, construct, improve, repair, operate, and maintain
laboratory, research, and other necessary facilities and
equipment, and such other real or personal property (including
patents) as the Secretary deems necessary; and acquire, without
regard to section 8141 of title 40, by lease or otherwise,
through the Administrator of General Services, buildings or parts
of buildings in the District of Columbia or communities located
adjacent to the District of Columbia.

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(c) Coordination of activities through units of Department
(1) The Secretary shall coordinate all health services research,
evaluations, and demonstrations, all health statistical and
epidemiological activities, and all research, evaluations, and
demonstrations respecting the assessment of health care technology
undertaken and supported through units of the Department of Health
and Human Services. To the maximum extent feasible such
coordination shall be carried out through the Agency for Healthcare
Research and Quality and the National Center for Health Statistics.
(2) The Secretary shall coordinate the health services research,
evaluations, and demonstrations, the health statistical and (where
appropriate) epidemiological activities, and the research,
evaluations, and demonstrations respecting the assessment of health
care technology authorized by this chapter through the Agency for
Healthcare Research and Quality and the National Center for Health
Statistics.
-SOURCE(July 1, 1944, ch. 373, title III, Sec. 304, as added July 28,
1955, ch. 417, Sec. 3, 69 Stat. 382; amended Aug. 2, 1956, ch. 871,
title V, Sec. 502, 70 Stat. 930; Pub. L. 90-174, Sec. 3(a), Dec. 5,
1967, 81 Stat. 534; Pub. L. 91-296, title IV, Sec. 401(b)(1)(A),
June 30, 1970, 84 Stat. 352; Pub. L. 91-515, title II, Secs.
201(a)-(c), 202, 203, Oct. 30, 1970, 84 Stat. 1301-1303; Pub. L.
93-45, title I, Sec. 102, June 18, 1973, 87 Stat. 91; Pub. L.
93-353, title I, Sec. 103, July 23, 1974, 88 Stat. 362; Pub. L.
95-623, Secs. 3, 7, Nov. 9, 1978, 92 Stat. 3443, 3451; Pub. L.
96-32, Sec. 5(a)-(c), July 10, 1979, 93 Stat. 82; Pub. L. 97-35,
title IX, Sec. 918, Aug. 13, 1981, 95 Stat. 565; Pub. L. 98-551,
Sec. 5(c), Oct. 30, 1984, 98 Stat. 2819; Pub. L. 101-239, title VI,
Sec. 6103(e)(1), Dec. 19, 1989, 103 Stat. 2205; Pub. L. 103-183,

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title V, Sec. 501(b), Dec. 14, 1993, 107 Stat. 2237; Pub. L.
106-129, Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670; Pub. L.
107-206, title I, Sec. 804(c), Aug. 2, 2002, 116 Stat. 874.)
-REFTEXTREFERENCES IN TEXT
Sections 242c and 242n of this title, referred to in subsec.
(b)(3), were repealed by Pub. L. 101-239, title VI, Sec.
6103(d)(1), Dec. 19, 1989, 103 Stat. 2205.
-CODCODIFICATION
In subsec. (b)(4), "section 8141 of title 40" substituted for
"the Act of March 3, 1877 (40 U.S.C. 34)" on authority of Pub. L.
107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings, Property, and
Works.
-MISC1AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-206 substituted "Ruth L.
Kirschstein National Research Service Awards" for "National
Research Service Awards".
1999 - Subsecs. (a), (c). Pub. L. 106-129 substituted "Agency for
Healthcare Research and Quality" for "Agency for Health Care Policy
and Research" wherever appearing.
1993 - Subsec. (d). Pub. L. 103-183 struck out subsec. (d) which
directed Secretary to conduct an ongoing study of present and
projected future health costs of pollution and other environmental
conditions resulting from human activity and to submit to Congress
reports on the study.
1989 - Subsec. (a). Pub. L. 101-239, Sec. 6103(e)(1)(B),
substituted "the Agency for Health Care Policy and Research" for

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"the National Center for Health Services Research and Health Care
Technology Assessment" and "in section 242k of this title and in
subchapter VII of this chapter" for "in sections 242c, 242k, and
242n of this title".
Pub. L. 101-239, Sec. 6103(e)(1)(A), redesignated par. (3) as
entire subsec. (a) and struck out pars. (1) and (2) which required
Secretary to conduct and support research, demonstrations,
evaluations, and statistical and epidemiological activities for
purpose of improving health services in the United States, and
which specified types of activities Secretary was to emphasize in
carrying out par. (1).
Subsec. (b). Pub. L. 101-239, Sec. 6103(e)(1)(C), substituted
"subsection (a) of this section and section 242k of this title" for
"subsection (a) of this section".
Subsec. (c)(1), (2). Pub. L. 101-239, Sec. 6103(e)(1)(D),
substituted "the Agency for Health Care Policy and Research" for
"the National Center for Health Services Research and Health Care
Technology Assessment".
1984 - Subsec. (a)(1). Pub. L. 98-551, Sec. 5(c)(1), (2),
substituted "the National Center for Health Services Research and
Health Care Technology Assessment and the National Center for
Health Statistics" for "the National Center for Health Services
Research, the National Center for Health Statistics, and the
National Center for Health Care Technology".
Subsec. (a)(3). Pub. L. 98-551, Sec. 5(c)(1), (3), substituted
"the National Center for Health Services Research and Health Care
Technology Assessment or the National Center for Health Statistics"
for "the National Center for Health Services Research, the National
Center for Health Statistics, or the National Center for Health
Care Technology".

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Subsec. (c)(1), (2). Pub. L. 98-551, Sec. 5(c)(1), (2),
substituted "the National Center for Health Services Research and
Health Care Technology Assessment and the National Center for
Health Statistics" for "the National Center for Health Services
Research, the National Center for Health Statistics, and the
National Center for Health Care Technology".
1981 - Subsec. (a)(3). Pub. L. 97-35, Sec. 918(a), substituted
"may" for "shall", "or the" for "and the", "or using" for "and
using", and "or other" for "and other".
Subsecs. (b)(1), (c)(1). Pub. L. 97-35, Sec. 918(d)(1),
substituted "Health and Human Services" for "Health, Education, and
Welfare".
Subsec. (d)(1). Pub. L. 97-35, Sec. 918(b)(1), (2), substituted
provisions relating to advice and assistance of the National
Academy of Sciences, for provisions relating to joint authority of
the National Academy of Sciences, and struck out definition of
"Academy" as meaning the National Academy of Sciences.
Subsec. (d)(3). Pub. L. 97-35, Sec. 918(b)(3), (c), (d)(2),
substituted "every three years" for "every two years", and "Energy
and" for "Interstate and Foreign", and struck out references to the
Academy.
1979 - Subsec. (b)(1), (3). Pub. L. 96-32, Sec. 5(a), (b),
amended directory language of Pub. L. 95-623, Sec. 3(b), (d), and
required no change in text. See 1978 Amendment note below.
Subsec. (d). Pub. L. 96-32, Sec. 5(c), substituted "(d)" for
"(e)" as designation of subsection added by Pub. L. 95-623, Sec. 7,
thereby correcting the subsection designation.
1978 - Subsec. (a)(1). Pub. L. 95-623, Sec. 3(a), substituted
provision for the Secretary acting through the National Center for
Health Care Technology for such action through other units of the

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Department of Health, Education, and Welfare and "conduct" for
"undertake", included epidemiological activities, and declared as
an objective the improvement of the effectiveness, efficiency, and
quality of Federal health services.
Subsec. (a)(2). Pub. L. 95-623, Sec. 3(a), provided for emphasis
to demonstrations, evaluations, and epidemiological activities;
redesignated as subpar. (A) former subpar. (C); struck out
"technology" and "quality" after "organization," and
"utilization,", respectively, and end clause "including systems for
the delivery of preventive, personal, and mental health care" and
former subpar. (A) activities respecting "the determination of an
individual's health"; added subpars. (B) through (D); struck out
former subpar. (D) activities respecting "individual and community
knowledge of individual health and the systems for the delivery of
health care"; added subpars. (E) through (I); and redesignated as
subpar. (J) former subpar. (B).
Subsec. (a)(3). Pub. L. 95-623, Sec. 3(a), added par. (3).
Subsec. (b)(1). Pub. L. 95-623, Sec. 3(b), as amended by Pub. L.
96-32, Sec. 5(a), substituted ", when appropriate, enter into
contracts with public and private entities and individuals" for
"enter into contracts with public and private entities and
individuals, for (A) health services research, evaluation, and
demonstrations, and (B) health services research and health
statistics training, and (C) health statistical activities".
Subsec. (b)(3). Pub. L. 95-623, Sec. 3(d), as amended by Pub. L.
96-32, Sec. 5(b), substituted "advisable but in accordance with
section 3109 of title 5" for "advisable", struck out "experts and"
before "consultants", and authorized the Secretary to obtain for
the centers the services of experts with appropriate scientific or
professional qualifications.

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Subsec. (c). Pub. L. 95-623, Sec. 3(c), designated existing text
as par. (1), substituted "evaluations, and demonstrations, all
health statistical and epidemiological activities, and all
research, evaluations, and demonstrations respecting the assessment
of health care technology" for "evaluation, demonstration, and
health statistical activities" before "undertaken and supported",
required coordination of activities to also be carried out through
the National Center for Health Care Technology, and added par. (2).
Subsec. (d). Pub. L. 95-623, Sec. 7, as amended by Pub. L. 96-32,
Sec. 5(c), added subsec. (d).
1974 - Pub. L. 93-353, in revising generally provisions of
subsecs. (a) to (c), provided for general authority respecting
health statistics and health services research, evaluation, and
demonstrations, subsec. (a) relating to scope of activities,
subsec. (b) relating to additional authority and scope of
activities, and subsec. (c) relating to coordination of activities
through units of the Department. Former provisions related to
research and demonstrations relating to health facilities and
services, subsec. (a) relating to grants and contracts for projects
for research, experiments, or demonstrations and related training,
cost limitation, wage rates, labor standards, and other conditions,
and payments (former subsec. (a)(2) and (3) now being covered by
section 242m(h) and (e), respectively), subsec. (b) relating to
systems analysis of national health care plans, and cost and
coverage report on existing legislative proposals, and subsec. (c)
relating to authorization of appropriations.
1973 - Subsec. (c)(1). Pub. L. 93-45 authorized appropriations of
$42,617,000 for fiscal year ending June 30, 1974.
1970 - Subsec. (a)(1). Pub. L. 91-515, Secs. 201(a)(1), 203,
redesignated subsec. (a) as (a)(1), substituted "(A)" and "(B)" for

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"(1)" and "(2)", and "(i) to (iii)" for "(A) to (C)", and added
cls. (iv) and (v).
Subsec. (a)(2). Pub. L. 91-515, Sec. 201(a)(2), redesignated
subsec. (b) as (a)(2), and substituted "subsection" for "section"
wherever appearing.
Subsec. (a)(3). Pub. L. 91-515, Secs. 201(a)(3), 202,
redesignated subsec. (c) as (a)(3)(A), substituted "subsection" for
"section" wherever appearing, and added subsec. (a)(3)(B).
Subsec. (b). Pub. L. 91-515, Sec. 201(a)(2)(A), (b), added
subsec. (b). Former subsec. (b) redesignated (a)(2).
Subsecs. (c), (d). Pub. L. 91-515, Secs. 201(a)(3)(A), (c),
202(1), redesignated subsec. (d) as (c), and substituted provisions
authorizing appropriations for the fiscal years ending June 30,
1971, June 30, 1972, and June 30, 1973, and authorizing to be
appropriated such additional sums for each fiscal year as may be
necessary to carry out the provisions of subsec. (b), for
provisions authorizing appropriations of $20,000,000 for the fiscal
year ending June 30, 1968, $40,000,000 for the fiscal year ending
June 30, 1969, and $60,000,000 for the fiscal year ending June 30,
1970. Former subsec. (c) redesignated (a)(3)(A).
Pub. L. 91-296 struck out provisions authorizing use of
appropriated funds for evaluation of program authorized by this
section. See section 229b of this title.
1967 - Pub. L. 90-174 substituted provisions of subsecs. (a) to
(d) for research and demonstrations relating to health facilities
(incorporated from former section 291n of this title) for
provisions of former subsecs. (a) to (d) for mental health study
including grants for special projects, conditions thereof, and
definition of "organization", authorization of appropriations,
terms of grant, availability of amounts otherwise appropriated and

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noninterference with research and study programs of the National
Institute of Mental Health, and acceptance of additional financial
support.
1956 - Act Aug. 2, 1956, changed heading of section 304 of act
July 1, 1944 from "Grants for special projects in mental health" to
"Mental health study grants". Section heading has been changed for
purposes of codification.
EFFECTIVE DATE OF 1970 AMENDMENTS
Section 201(d) of Pub. L. 91-515 provided that: "The amendments
made by subsection (c) of this section [amending this section]
shall be effective only with respect to fiscal years ending after
June 30, 1970."
Section 401(b)(1) of Pub. L. 91-296 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 1956 AMENDMENT
Amendment of section by act Aug. 2, 1956, effective July 1, 1956,
see section 503 of act Aug. 2, 1956.
-TRANSTRANSFER OF FUNCTIONS
Office of Surgeon General abolished by section 3 of Reorg. Plan
No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and
functions thereof transferred to Secretary of Health, Education,
and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a
note under section 202 of this title. Secretary of Health,
Education, and Welfare redesignated Secretary of Health and Human
Services by section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
-MISC2COMMISSION ON SYSTEMIC INTEROPERABILITY

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Pub. L. 108-173, title X, Sec. 1012, Dec. 8, 2003, 117 Stat.
2435, provided that:
"(a) Establishment. - The Secretary [of Health and Human
Services] shall establish a commission to be known as the
'Commission on Systemic Interoperability' (in this section referred
to as the 'Commission').
"(b) Duties. "(1) In general. - The Commission shall develop a comprehensive
strategy for the adoption and implementation of health care
information technology standards, that includes a timeline and
prioritization for such adoption and implementation.
"(2) Considerations. - In developing the comprehensive health
care information technology strategy under paragraph (1), the
Commission shall consider "(A) the costs and benefits of the standards, both financial
impact and quality improvement;
"(B) the current demand on industry resources to implement
this Act [see Tables for classification] and other electronic
standards, including HIPAA standards; and
"(C) the most cost-effective and efficient means for industry
to implement the standards.
"(3) Noninterference. - In carrying out this section, the
Commission shall not interfere with any standards development of
adoption processes underway in the private or public sector and
shall not replicate activities related to such standards or the
national health information infrastructure underway within the
Department of Health and Human Services.
"(4) Report. - Not later than October 31, 2005, the Commission
shall submit to the Secretary [of Health and Human Services] and
to Congress a report describing the strategy developed under

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paragraph (1), including an analysis of the matters considered
under paragraph (2).
"(c) Membership. "(1) Number and appointment. - The Commission shall be composed
of 11 members appointed as follows:
"(A) The President shall appoint three members, one of whom
the President shall designate as Chairperson.
"(B) The Majority Leader of the Senate shall appoint two
members.
"(C) The Minority Leader of the Senate shall appoint two
members.
"(D) The Speaker of the House of Representatives shall
appoint two members.
"(E) The Minority Leader of the House of Representatives
shall appoint two members.
"(2) Qualifications. - The membership of the Commission shall
include individuals with national recognition for their expertise
in health finance and economics, health plans and integrated
delivery systems, reimbursement of health facilities, practicing
physicians, practicing pharmacists, and other providers of health
services, health care technology and information systems, and
other related fields, who provide a mix of different
professionals, broad geographic representation, and a balance
between urban and rural representatives.
"(d) Terms. - Each member shall be appointed for the life of the
Commission.
"(e) Compensation. "(1) Rates of pay. - Members shall each be paid at a rate not
to exceed the daily equivalent of the rate of basic pay for level
IV of the Executive Schedule for each day (including travel time)

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during which they are engaged in the actual performance of duties
vested in the Commission.
"(2) Prohibition of compensation of federal employees. Members of the Commission who are full-time officers or employees
of the United States or Members of Congress may not receive
additional pay, allowances, or benefits by reason of their
service on the Commission.
"(3) Travel expenses. - Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
"(f) Quorum. - A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
"(g) Director and Staff of Commission; Experts and Consultants. "(1) Director. - The Commission shall have a Director who shall
be appointed by the Chairperson. The Director shall be paid at a
rate not to exceed the rate of basic pay for level IV of the
Executive Schedule.
"(2) Staff. - With the approval of the Commission, the Director
may appoint and fix the pay of such additional personnel as the
Director considers appropriate.
"(3) Applicability of certain civil service laws. - The
Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of level IV
of the Executive Schedule.

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"(4) Experts and consultants. - With the approval of the
Commission, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
"(5) Staff of federal agencies. - Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act [see Tables for classification].
"(h) Powers of Commission. "(1) Hearings and sessions. - The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
"(2) Powers of members and agents. - Any member or agent of the
Commission may, if authorized by the Commission, take any action
which the Commission is authorized to take by this section.
"(3) Obtaining official data. - The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
"(4) Gifts, bequests, and devises. - The Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. Gifts, bequests, or
devises of money and proceeds from sales of other property
received as gifts, bequests, or devises shall be deposited in the
Treasury and shall be available for disbursement upon order of
the Commission. For purposes of Federal income, estate, and gift

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taxes, property accepted under this subsection shall be
considered as a gift, bequest, or devise to the United States.
"(5) Mails. - The Commission may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
"(6) Administrative support services. - Upon the request of the
Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out its
responsibilities under this Act.
"(7) Contract authority. - The Commission may enter into
contracts or make other arrangements, as may be necessary for the
conduct of the work of the Commission (without regard to section
3709 of the Revised Statutes (41 U.S.C. 5)).
"(i) Termination. - The Commission shall terminate on 30 days
after submitting its report pursuant to subsection (b)(3) [(b)(4)].
"(j) Authorization of Appropriations. - There is authorized to be
appropriated such sums as may be necessary to carry out this
section."
MODEL STANDARDS WITH RESPECT TO PREVENTIVE HEALTH SERVICES IN
COMMUNITIES
Pub. L. 95-83, title III, Sec. 314, Aug. 1, 1977, 91 Stat. 398,
required the Secretary of Health, Education, and Welfare, within
two years of Aug. 1, 1977, to establish model standards with
respect to preventive health services in communities and report
such standards to Congress.
TRANSFER OF EQUIPMENT
Pub. L. 94-573, Sec. 15, Oct. 21, 1976, 90 Stat. 2719, provided
that notwithstanding any other provision of law, the Secretary of
Health, Education, and Welfare could vest title to equipment

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purchased with funds under the seven contracts for emergency
medical services demonstration projects entered into in 1972 and
1973 under this section (as in effect at the time the contracts
were entered into), and by contractors with the United States under
such contracts or subcontractors under such contracts, in such
contractors or subcontractors without further obligation to the
Government or on such terms as the Secretary considered
appropriate.
CONGRESSIONAL DECLARATION OF PURPOSE
Section 2 of Joint Res. July 28, 1955, provides a Congressional
statement of the critical need for an analysis and reevaluation of
the human and economic problems of mental illness and of the
resources, methods, and practices utilized in diagnosing, treating,
caring for, and rehabilitating the mentally ill, both within and
outside of institutions, as might lead to the development of
recommendations for such better utilization of those resources or
such improvements on and new developments in methods of diagnosis,
treatment, care, and rehabilitation as give promise of resulting in
a marked reduction in the incidence or duration of mental illness
and, in consequence, a lessening of the appalling emotional and
financial drain on the families of those afflicted or on the
economic resources of the States and of the Nation and a
declaration of the policy to promote mental health and to help
solve the complex and the interrelated problems posed by mental
illness by encouraging the undertaking of nongovernmental,
multidisciplinary research into and reevaluation of all aspects of
our resources, methods, and practices for diagnosing, treating,
caring for, and rehabilitating the mentally ill, including research
aimed at the prevention of mental illness.
CHILDREN'S EMOTIONAL ILLNESS STUDY; PROGRAM GRANTS; CONDITIONS;

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DEFINITIONS; APPROPRIATIONS; TERMS OF GRANT
Pub. L. 89-97, title II, Sec. 231, July 30, 1965, 79 Stat. 360,
as amended by Pub. L. 90-248, title III, Sec. 305, Jan. 2, 1968, 81
Stat. 929, authorized the Secretary of Health, Education, and
Welfare upon the recommendation of the National Advisory Mental
Health Council and after securing the advice of experts in
pediatrics and child welfare, to make grants to organizations on
certain conditions for carrying out a program of research into and
study of resources, methods, and practices for diagnosing or
preventing emotional illness in children and of treating, caring
for, and rehabilitating children with emotional illnesses, defined
"organization", and authorized appropriations for the making of
such grants for fiscal years ending June 30, 1966, and June 30,
1967, with such research and study to be completed not later than
three years from the date it was inaugurated.
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 235, 242k, 242m, 288 of
this title.
-FOOTNOTE(!1) See References in Text note below.

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-CITE42 USC Sec. 242k

01/19/04

-EXPCITETITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part A - Research and Investigations
-HEADSec. 242k. National Center for Health Statistics
-STATUTE(a) Establishment; appointment of Director; statistical and
epidemiological activities
There is established in the Department of Health and Human
Services the National Center for Health Statistics (hereinafter in
this section referred to as the "Center") which shall be under the
direction of a Director who shall be appointed by the Secretary.
The Secretary, acting through the Center, shall conduct and support
statistical and epidemiological activities for the purpose of
improving the effectiveness, efficiency, and quality of health
services in the United States.
(b) Duties
In carrying out subsection (a) of this section, the Secretary,
acting through the Center,
(1) shall collect statistics on (A) the extent and nature of illness and disability of the
population of the United States (or of any groupings of the

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people included in the population), including life expectancy,
the incidence of various acute and chronic illnesses, and
infant and maternal morbidity and mortality,
(B) the impact of illness and disability of the population on
the economy of the United States and on other aspects of the
well-being of its population (or of such groupings),
(C) environmental, social, and other health hazards,
(D) determinants of health,
(E) health resources, including physicians, dentists, nurses,
and other health professionals by specialty and type of
practice and the supply of services by hospitals, extended care
facilities, home health agencies, and other health
institutions,
(F) utilization of health care, including utilization of (i)
ambulatory health services by specialties and types of practice
of the health professionals providing such services, and (ii)
services of hospitals, extended care facilities, home health
agencies, and other institutions,
(G) health care costs and financing, including the trends in
health care prices and cost, the sources of payments for health
care services, and Federal, State, and local governmental
expenditures for health care services, and
(H) family formation, growth, and dissolution;
(2) shall undertake and support (by grant or contract)
research, demonstrations, and evaluations respecting new or
improved methods for obtaining current data on the matters
referred to in paragraph (1);
(3) may undertake and support (by grant or contract)
epidemiological research, demonstrations, and evaluations on the

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matters referred to in paragraph (1); and
(4) may collect, furnish, tabulate, and analyze statistics, and
prepare studies, on matters referred to in paragraph (1) upon
request of public and nonprofit private entities under
arrangements under which the entities will pay the cost of the
service provided.
Amounts appropriated to the Secretary from payments made under
arrangements made under paragraph (4) shall be available to the
Secretary for obligation until expended.
(c) Statistical and epidemiological compilations and surveys
The Center shall furnish such special statistical and
epidemiological compilations and surveys as the Committee on Labor
and Human Resources and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and the Committee
on Appropriations of the House of Representatives may request. Such
statistical and epidemiological compilations and surveys shall not
be made subject to the payment of the actual or estimated cost of
the preparation of such compilations and surveys.
(d) Technical aid to States and localities
To insure comparability and reliability of health statistics, the
Secretary shall, through the Center, provide adequate technical
assistance to assist State and local jurisdictions in the
development of model laws dealing with issues of confidentiality
and comparability of data.
(e) Cooperative Health Statistics System
For the purpose of producing comparable and uniform health
information and statistics, there is established the Cooperative
Health Statistics System. The Secretary, acting through the Center,
shall (1) coordinate the activities of Federal agencies involved in

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the design and implementation of the System;
(2) undertake and support (by grant or contract) research,
development, demonstrations, and evaluations respecting the
System;
(3) make grants to and enter into contracts with State and
local health agencies to assist them in meeting the costs of data
collection and other activities carried out under the System; and
(4) review the statistical activities of the Department of
Health and Human Services to assure that they are consistent with
the System.
States participating in the System shall designate a State agency
to administer or be responsible for the administration of the
statistical activities within the State under the System. The
Secretary, acting through the Center, shall prescribe guidelines to
assure that statistical activities within States participating in
the system (!1) produce uniform and timely data and assure
appropriate access to such data.
(f) Federal-State cooperation
To assist in carrying out this section, the Secretary, acting
through the Center, shall cooperate and consult with the
Departments of Commerce and Labor and any other interested Federal
departments or agencies and with State and local health departments
and agencies. For such purpose he shall utilize insofar as possible
the services or facilities of any agency of the Federal Government
and, without regard to section 5 of title 41, of any appropriate
State or other public agency, and may, without regard to such
section, utilize the services or facilities of any private agency,
organization, group, or individual, in accordance with written
agreements between the head of such agency, organization, or group
and the Secretary or between such individual and the Secretary.

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Payment, if any, for such services or facilities shall be made in
such amounts as may be provided in such agreement.
(g) Collection of health data; data collection forms
To secure uniformity in the registration and collection of
mortality, morbidity, and other health data, the Secretary shall
prepare and distribute suitable and necessary forms for the
collection and compilation of such data.
(h) Registration area records
(1) There shall be an annual collection of data from the records
of births, deaths, marriages, and divorces in registration areas.
The data shall be obtained only from and restricted to such records
of the States and municipalities which the Secretary, in his
discretion, determines possess records affording satisfactory data
in necessary detail and form. The Secretary shall encourage States
and registration areas to obtain detailed data on ethnic and racial
populations, including subpopulations of Hispanics, Asian
Americans, and Pacific Islanders with significant representation in
the State or registration area. Each State or registration area
shall be paid by the Secretary the Federal share of its reasonable
costs (as determined by the Secretary) for collecting and
transcribing (at the request of the Secretary and by whatever
method authorized by him) its records for such data.
(2) There shall be an annual collection of data from a
statistically valid sample concerning the general health, illness,
and disability status of the civilian noninstitutionalized
population. Specific topics to be addressed under this paragraph,
on an annual or periodic basis, shall include the incidence of
illness and accidental injuries, prevalence of chronic diseases and
impairments, disability, physician visits, hospitalizations, and
the relationship between demographic and socioeconomic

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characteristics and health characteristics.
(i) Technical assistance in effective use of statistics
The Center may provide to public and nonprofit private entities
technical assistance in the effective use in such activities of
statistics collected or compiled by the Center.
(j) Coordination of health statistical and epidemiological
activities
In carrying out the requirements of section 242b(c) of this title
and paragraph (1) of subsection (e) of this section, the Secretary
shall coordinate health statistical and epidemiological activities
of the Department of Health and Human Services by (1) establishing standardized means for the collection of
health information and statistics under laws administered by the
Secretary;
(2) developing, in consultation with the National Committee on
Vital and Health Statistics, and maintaining the minimum sets of
data needed on a continuing basis to fulfill the collection
requirements of subsection (b)(1) of this section;
(3) after consultation with the National Committee on Vital and
Health Statistics, establishing standards to assure the quality
of health statistical and epidemiological data collection,
processing, and analysis;
(4) in the case of proposed health data collections of the
Department which are required to be reviewed by the Director of
the Office of Management and Budget under section 3509 (!2) of
title 44, reviewing such proposed collections to determine
whether they conform with the minimum sets of data and the
standards promulgated pursuant to paragraphs (2) and (3), and if
any such proposed collection is found not to be in conformance,
by taking such action as may be necessary to assure that it will

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conform to such sets of data and standards, and
(5) periodically reviewing ongoing health data collections of
the Department, subject to review under such section 3509,(!2) to
determine if the collections are being conducted in accordance
with the minimum sets of data and the standards promulgated
pursuant to paragraphs (2) and (3) and, if any such collection is
found not to be in conformance, by taking such action as may be
necessary to assure that the collection will conform to such sets
of data and standards not later than the ninetieth day after the
date of the completion of the review of the collection.
(k) National Committee on Vital and Health Statistics;
establishment; membership; term of office; compensation;
functions; consultations of Secretary with Committee and
professional advisory groups
(1) There is established in the Office of the Secretary a
committee to be known as the National Committee on Vital and Health
Statistics (hereinafter in this subsection referred to as the
"Committee") which shall consist of 18 members.
(2) The members of the Committee shall be appointed from among
persons who have distinguished themselves in the fields of health
statistics, electronic interchange of health care information,
privacy and security of electronic information, population-based
public health, purchasing or financing health care services,
integrated computerized health information systems, health services
research, consumer interests in health information, health data
standards, epidemiology, and the provision of health services.
Members of the Committee shall be appointed for terms of 4 years.
(3) Of the members of the Committee (A) 1 shall be appointed, not later than 60 days after August
21, 1996, by the Speaker of the House of Representatives after

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consultation with the Minority Leader of the House of
Representatives;
(B) 1 shall be appointed, not later than 60 days after August
21, 1996, by the President pro tempore of the Senate after
consultation with the Minority Leader of the Senate; and
(C) 16 shall be appointed by the Secretary.
(4) Members of the Committee shall be compensated in accordance
with section 210(c) of this title.
(5) The Committee (A) shall assist and advise the Secretary (i) to delineate statistical problems bearing on health and
health services which are of national or international
interest;
(ii) to stimulate studies of such problems by other
organizations and agencies whenever possible or to make
investigations of such problems through subcommittees;
(iii) to determine, approve, and revise the terms,
definitions, classifications, and guidelines for assessing
health status and health services, their distribution and
costs, for use (I) within the Department of Health and Human
Services, (II) by all programs administered or funded by the
Secretary, including the Federal-State-local cooperative health
statistics system referred to in subsection (e) of this
section, and (III) to the extent possible as determined by the
head of the agency involved, by the Department of Veterans
Affairs, the Department of Defense, and other Federal agencies
concerned with health and health services;
(iv) with respect to the design of and approval of health
statistical and health information systems concerned with the
collection, processing, and tabulation of health statistics

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within the Department of Health and Human Services, with
respect to the Cooperative Health Statistics System established
under subsection (e) of this section, and with respect to the
standardized means for the collection of health information and
statistics to be established by the Secretary under subsection
(j)(1) of this section;
(v) to review and comment on findings and proposals developed
by other organizations and agencies and to make recommendations
for their adoption or implementation by local, State, national,
or international agencies;
(vi) to cooperate with national committees of other countries
and with the World Health Organization and other national
agencies in the studies of problems of mutual interest;
(vii) to issue an annual report on the state of the Nation's
health, its health services, their costs and distributions, and
to make proposals for improvement of the Nation's health
statistics and health information systems; and
(viii) in complying with the requirements imposed on the
Secretary under part C of title XI of the Social Security Act
[42 U.S.C. 1320d et seq.];
(B) shall study the issues related to the adoption of uniform
data standards for patient medical record information and the
electronic exchange of such information;
(C) shall report to the Secretary not later than 4 years after
August 21, 1996, recommendations and legislative proposals for
such standards and electronic exchange; and
(D) shall be responsible generally for advising the Secretary
and the Congress on the status of the implementation of part C of
title XI of the Social Security Act [42 U.S.C. 1320d et seq.].
(6) In carrying out health statistical activities under this

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part, the Secretary shall consult with, and seek the advice of, the
Committee and other appropriate professional advisory groups.
(7) Not later than 1 year after August 21, 1996, and annually
thereafter, the Committee shall submit to the Congress, and make
public, a report regarding the implementation of part C of title XI
of the Social Security Act [42 U.S.C. 1320d et seq.]. Such report
shall address the following subjects, to the extent that the
Committee determines appropriate:
(A) The extent to which persons required to comply with part C
of title XI of the Social Security Act are cooperating in
implementing the standards adopted under such part.
(B) The extent to which such entities are meeting the security
standards adopted under such part and the types of penalties
assessed for noncompliance with such standards.
(C) Whether the Federal and State Governments are receiving
information of sufficient quality to meet their responsibilities
under such part.
(D) Any problems that exist with respect to implementation of
such part.
(E) The extent to which timetables under such part are being
met.
(l) Data specific to particular ethnic and racial populations
In carrying out this section, the Secretary, acting through the
Center, shall collect and analyze adequate health data that is
specific to particular ethnic and racial populations, including
data collected under national health surveys. Activities carried
out under this subsection shall be in addition to any activities
carried out under subsection (m) of this section.
(m) Grants for assembly and analysis of data on ethnic and racial
populations

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(1) The Secretary, acting through the Center, may make grants to
public and nonprofit private entities for (A) the conduct of special surveys or studies on the health of
ethnic and racial populations or subpopulations;
(B) analysis of data on ethnic and racial populations and
subpopulations; and
(C) research on improving methods for developing statistics on
ethnic and racial populations and subpopulations.
(2) The Secretary, acting through the Center, may provide
technical assistance, standards, and methodologies to grantees
supported by this subsection in order to maximize the data quality
and comparability with other studies.
(3) Provisions of section 242m(d) of this title do not apply to
surveys or studies conducted by grantees under this subsection
unless the Secretary, in accordance with regulations the Secretary
may issue, determines that such provisions are necessary for the
conduct of the survey or study and receives adequate assurance that
the grantee will enforce such provisions.
(4)(A) Subject to subparagraph (B), the Secretary, acting through
the Center, shall collect data on Hispanics and major Hispanic
subpopulation groups and American Indians, and for developing
special area population studies on major Asian American and Pacific
Islander populations.
(B) The provisions of subparagraph (A) shall be effective with
respect to a fiscal year only to the extent that funds are
appropriated pursuant to paragraph (3) of subsection (n) of this
section, and only if the amounts appropriated for such fiscal year
pursuant to each of paragraphs (1) and (2) of subsection (n) of
this section equal or exceed the amounts so appropriated for fiscal
year 1997.

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(n) Authorization of appropriations
(1) For health statistical and epidemiological activities
undertaken or supported under subsections (a) through (l) of this
section, there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1991 through 2003.
(2) For activities authorized in paragraphs (1) through (3) of
subsection (m) of this section, there are authorized to be
appropriated such sums as may be necessary for each of the fiscal
years 1999 through 2003. Of such amounts, the Secretary shall use
not more than 10 percent for administration and for activities
described in subsection (m)(2) of this section.
(3) For activities authorized in subsection (m)(4) of this
section, there are authorized to be appropriated $1,000,000 for
fiscal year 1998, and such sums as may be necessary for each of the
fiscal years 1999 through 2002.
-SOURCE(July 1, 1944, ch. 373, title III, Sec. 306, as added Pub. L.
93-353, title I, Sec. 105, July 23, 1974, 88 Stat. 365; amended
Pub. L. 95-623, Secs. 5, 8(a), Nov. 9, 1978, 92 Stat. 3445, 3453;
Pub. L. 97-35, title IX, Sec. 920, Aug. 13, 1981, 95 Stat. 566;
Pub. L. 97-414, Sec. 8(b), Jan. 4, 1983, 96 Stat. 2060; Pub. L.
100-177, title I, Secs. 104, 105(a), Dec. 1, 1987, 101 Stat. 988;
Pub. L. 101-239, title VI, Sec. 6103(e)(2), Dec. 19, 1989, 103
Stat. 2206; Pub. L. 101-527, Sec. 7(a), (b)(1), (c), Nov. 6, 1990,
104 Stat. 2327, 2328; Pub. L. 102-54, Sec. 13(q)(1)(A)(i), June 13,
1991, 105 Stat. 278; Pub. L. 103-183, title V, Sec. 501(a), (d),
Dec. 14, 1993, 107 Stat. 2237, 2238; Pub. L. 104-191, title II,
Sec. 263, Aug. 21, 1996, 110 Stat. 2031; Pub. L. 105-340, title II,
Sec. 201, Oct. 31, 1998, 112 Stat. 3193; Pub. L. 105-392, title II,
Sec. 201(b), Nov. 13, 1998, 112 Stat. 3585.)

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-REFTEXTREFERENCES IN TEXT
Section 3509 of title 44, referred to in subsec. (j)(4), (5),
which required submission of certain plans and forms for collection
of information to the Director of the Office of Management and
Budget for approval, was omitted in the general amendment of
chapter 35 of Title 44, Public Printing and Documents, by Pub. L.
96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812. Pub. L. 104-13
subsequently enacted a new section 3509 of Title 44 relating to
designation of a central collection agency. Provisions appearing in
former section 3509 are contained in section 3507 of Title 44.
The Social Security Act, referred to in subsec. (k)(5)(A)(viii),
(D), (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
Part C of title XI of the Act is classified generally to part C
(Sec. 1320d et seq.) of subchapter XI of chapter 7 of this title.
For complete classification of this Act to the Code, see section
1305 of this title and Tables.
-MISC1PRIOR PROVISIONS
Provisions similar to those comprising subsec. (g) of this
section were contained in section 313 of act July 1, 1944, ch. 373,
title III, 58 Stat. 693; Oct. 30, 1970, Pub. L. 91-516, title II,
Sec. 282, 84 Stat. 1308 (formerly classified to section 245 of this
title), prior to repeal by Pub. L. 93-353, Sec. 102(a).
Provisions similar to those comprising subsec. (h) of this
section were contained in section 312a of act July 1, 1944, ch.
373, title III, as added Aug. 31, 1954, ch. 1158, Sec. 2, 68 Stat.
1025 (formerly classified to section 244a of this title), prior to
repeal by Pub. L. 93-353, Sec. 102(a).
AMENDMENTS

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1998 - Subsec. (m)(4). Pub. L. 105-392, Sec. 201(b)(1), added
par. (4).
Subsec. (n)(1). Pub. L. 105-340, Sec. 201(1), and Pub. L.
105-392, Sec. 201(b)(2), amended par. (1) identically, substituting
"2003" for "1998".
Subsec. (n)(2). Pub. L. 105-392, Sec. 201(b)(3)(A), in first
sentence, substituted "paragraphs (1) through (3) of subsection
(m)" for "subsection (m)" and substituted "such sums as may be
necessary for each of the fiscal years 1999 through 2003." for
"$5,000,000 for fiscal year 1991, $7,500,000 for fiscal year 1992,
$10,000,000 for fiscal year 1993, and $10,000,000 for each of the
fiscal years 1994 through 2003."
Pub. L. 105-340, Sec. 201(2), substituted "2003" for "1998".
Subsec. (n)(3). Pub. L. 105-392, Sec. 201(b)(3)(B), added par.
(3).
1996 - Subsec. (k)(1). Pub. L. 104-191, Sec. 263(1), substituted
"18" for "16".
Subsec. (k)(2). Pub. L. 104-191, Sec. 263(2), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "The
members of the Committee shall be appointed by the Secretary from
among persons who have distinguished themselves in the fields of
health statistics, health planning, epidemiology, and the provision
of health services. Members of the Committee shall be appointed for
terms of 4 years."
Subsec. (k)(3), (4). Pub. L. 104-191, Sec. 263(3), added par. (3)
and redesignated former par. (3) as (4). Former par. (4)
redesignated (5).
Subsec. (k)(5). Pub. L. 104-191, Sec. 263(4), amended par. (5)
generally. Prior to amendment, par. (5) consisted of subpars. (A)
to (G) relating to Committee functions in assisting and advising

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the Secretary.
Pub. L. 104-191, Sec. 263(3), redesignated par. (4) as (5).
Former par. (5) redesignated (6).
Subsec. (k)(6). Pub. L. 104-191, Sec. 263(3), redesignated par.
(5) as (6).
Subsec. (k)(7). Pub. L. 104-191, Sec. 263(5), added par. (7).
1993 - Subsec. (c). Pub. L. 103-183, Sec. 501(a)(1), substituted
"Committee on Labor and Human Resources" for "Committee on Human
Resources".
Subsec. (g). Pub. L. 103-183, Sec. 501(a)(2), substituted "data"
for "data which shall be published as a part of the health reports
published by the Secretary".
Subsec. (i). Pub. L. 103-183, Sec. 501(a)(3), struck out "engaged
in health planning activities" after "entities".
Subsec. (k)(2). Pub. L. 103-183, Sec. 501(a)(4), struck out
subpar. (A) designation, substituted "Members" for "Except as
provided in subparagraph (B), members", and struck out subpar. (B)
which related to extensions of membership terms of members of
National Committee on Vital and Health Statistics whose terms were
to expire in calendar years 1988, 1989, and 1990.
Subsec. (l). Pub. L. 103-183, Sec. 501(a)(5)(A)-(C), redesignated
subsec. (m) as (l), substituted "subsection (m)" for "subsection
(n)", and struck out former subsec. (l) which related to
development of plan for collection and coordination of statistical
and epidemiological data on effects of environment on health and
establishment of guidelines for compilation, analysis, and
distribution of statistics and information necessary for
coordinated determination of effects of conditions of employment
and indoor and outdoor environmental conditions on public health.
Subsec. (m). Pub. L. 103-183, Sec. 501(a)(5)(B), redesignated

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subsec. (n) as (m). Former subsec. (m) redesignated (l).
Subsecs. (n), (o). Pub. L. 103-183, Sec. 501(a)(5)(B), (D), (d),
redesignated subsec. (o) as (n), in par. (1) substituted "(l)" for
"(m)" and "1998" for "1993", and in par. (2) substituted "(m)" for
"(n)", struck out "and" after "1992,", inserted ", and $10,000,000
for each of the fiscal years 1994 through 1998", and substituted
"(m)(2)" for "(n)(2)". Former subsec. (n) redesignated (m).
1991 - Subsec. (k)(4)(C). Pub. L. 102-54 substituted "Department
of Veterans Affairs" for "Veterans' Administration".
1990 - Subsec. (h). Pub. L. 101-527, Sec. 7(a), designated
existing text as par. (1), inserted after second sentence "The
Secretary shall encourage States and registration areas to obtain
detailed data on ethnic and racial populations, including
subpopulations of Hispanics, Asian Americans, and Pacific Islanders
with significant representation in the State or registration
area.", and added par. (2).
Subsecs. (m) to (o). Pub. L. 101-527, Sec. 7(b)(1), (c), added
subsecs. (m) and (n) and redesignated former subsec. (m) as (o) and
amended it generally. Prior to amendment, subsec. (o) read as
follows: "For health statistical and epidemiological activities
undertaken or supported under this section, there are authorized to
be appropriated $55,000,000 for fiscal year 1988 and such sums as
may be necessary for each of the fiscal years 1989 and 1990."
1989 - Subsec. (a). Pub. L. 101-239, Sec. 6103(e)(2)(A), inserted
at end "The Secretary, acting through the Center, shall conduct and
support statistical and epidemiological activities for the purpose
of improving the effectiveness, efficiency, and quality of health
services in the United States."
Subsec. (b). Pub. L. 101-239, Sec. 6103(e)(2)(B), substituted
"subsection (a) of this section" for "section 242b(a) of this

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title".
Subsec. (m). Pub. L. 101-239, Sec. 6103(e)(2)(C), added subsec.
(m).
1987 - Subsec. (a). Pub. L. 100-177, Sec. 104, struck out "and
supervised by the Assistant Secretary for Health (or such other
officer of the Department as may be designated by the Secretary as
the principal adviser to him for health programs)".
Subsec. (k)(1). Pub. L. 100-177, Sec. 105(a)(1), substituted "16
members" for "fifteen members".
Subsec. (k)(2)(A). Pub. L. 100-177, Sec. 105(a)(2), substituted
"terms of 4 years" for "terms of three years".
Subsec. (k)(2)(B). Pub. L. 100-177, Sec. 105(a)(3), added subpar.
(B) and struck out former subpar. (B) which read as follows: "Of
the members first appointed "(i) five shall be appointed for terms of one year,
"(ii) five shall be appointed for terms of two years, and
"(iii) five shall be appointed for terms of three years,
as designated by the Secretary at the time of appointment. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed only for the remainder of such term. A member
may serve after the expiration of his term until his successor has
taken office."
1983 - Subsec. (l)(2)(D). Pub. L. 97-414 redesignated subpar. (E)
as (D) and struck out former subpar. (D) which provided that the
Center would serve as a clearinghouse for statistics and
information with respect to which guidelines had been established
under subpar. (A).
Subsec. (l)(2)(E) to (G). Pub. L. 97-414 redesignated subpars.
(F) and (G) as (E) and (F), respectively. Former subpar. (E)

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redesignated (D).
1981 - Subsec. (a). Pub. L. 97-35, Sec. 920(d)(1), substituted
"Health and Human Services" for "Health, Education, and Welfare".
Subsec. (c). Pub. L. 97-35, Sec. 920(d)(2), substituted "Energy
and" for "Interstate and Foreign".
Subsec. (e). Pub. L. 97-35, Sec. 920(a), (d)(1), in par. (3)
inserted applicability to other activities, and in par. (4)
substituted "Health and Human Services" for "Health, Education, and
Welfare".
Subsecs. (j), (k)(4)(C), (D). Pub. L. 97-35, Sec. 920(d)(1),
substituted "Health and Human Services" for "Health, Education, and
Welfare".
Subsec. (l)(2). Pub. L. 97-35, Sec. 920(b), (c), (d)(1), in
subpar. (A) inserted reference to Office of Federal Statistical
Policy and Standards, in subpar. (B)(v) substituted "Health and
Human Services" for "Health, Education, and Welfare", and in
subpar. (D) struck out provisions relating to assistance to
executive departments.
1978 - Subsec. (b). Pub. L. 95-623, Sec. 5(a), struck out "may"
after "through the Center,", substituted in pars. (1) and (2)
"shall collect" and "shall undertake" for "collect" and
"undertake", respectively, and added pars. (3) and (4) and
provision for availability of certain appropriated funds from par.
(4) payments until expended.
Subsec. (c). Pub. L. 95-623, Sec. 5(b), substituted "statistical
and epidemiological compilations" for "statistical compilations" in
two places and "Committee on Human Resources" for "Committee on
Labor and Public Welfare" of the Senate.
Subsec. (e). Pub. L. 95-623, Sec. 5(c)(1), incorporated in
introductory text prior cl. (1) provision requiring the Secretary

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to assist State and local health agencies and Federal agencies
involved in health matters in the design and implementation of a
cooperative system for producing comparable and uniform health
information and statistics at the Federal, State, and local levels;
enacted in pars. (1) and (2) provisions almost identical to prior
cls. (2) and (3); enacted par. (3); struck out former cl. (4)
provision for the Federal share of the data collection costs under
the system; enacted in par. (4) provisions almost identical to
former cl. (5); and required State designation of a State
administrative agency to be responsible for the statistical
activities within the State under the System and Federal guidelines
for production of uniform and timely data and appropriate access to
the data.
Subsec. (f). Pub. L. 95-623, Sec. 5(d), substituted "the
Secretary, acting through the Center, shall cooperate and consult"
for "the Secretary shall cooperate and consult".
Subsecs. (i), (j). Pub. L. 95-623, Sec. 5(f), added subsecs. (i)
and (j). Former subsec. (i) redesignated (k).
Subsec. (k). Pub. L. 95-623, Sec. 5(c)(2), (e), (f), struck from
par. (1) "United States" before "National Committee on Vital and
Health Statistics"; authorized in par. (2)(A) the appointment of
Committee members from distinguished persons in field of health
planning; required the Committee to assist and advise the Secretary
with respect to the Cooperative Health Statistics System and the
standardized means for the collection of health information and
statistics to be established by the Secretary; and redesignated
such amended subsec. (i) as (k).
Subsec. (l). Pub. L. 95-623, Sec. 8(a), added subsec. (l).
-CHANGECHANGE OF NAME

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Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress. Committee on
Commerce of House of Representatives changed to Committee on Energy
and Commerce of House of Representatives, and jurisdiction over
matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
-MISC2EFFECTIVE DATE OF 1990 AMENDMENT
Section 12 of Pub. L. 101-527 provided that: "This Act and the
amendments made by this Act [enacting sections 254c-1, 254t, 256a,
294bb, 294cc, and 300u-6 of this title, amending this section and
sections 242m, 254b, 254c, 294m, 294o, and 295g-2 of this title,
enacting provisions set out as notes under sections 201 and 300u-6
of this title, and repealing provisions set out as a note under
section 292h of this title] shall take effect October 1, 1990, or
upon the date of the enactment of this Act [Nov. 6, 1990],
whichever occurs later."
EFFECTIVE DATE OF 1987 AMENDMENT
Section 105(b) of Pub. L. 100-177 provided that: "The amendments
made by this section [amending this section] shall become effective
on January 1, 1988."
MONEY RECEIVED BY CENTER FROM REIMBURSEMENTS, INTERAGENCY
AGREEMENTS, AND SALE OF DATA TAPES TO REMAIN AVAILABLE UNTIL
EXPENDED
Pub. L. 103-333, title II, Sept. 30, 1994, 108 Stat. 2550,
provided in part: "That for fiscal year 1995 and subsequent fiscal

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years amounts received by the National Center for Health Statistics
from reimbursements and interagency agreements and the sale of data
tapes may be credited to this appropriation and shall remain
available until expended".
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 242b, 242l, 242m, 242p,
1320a, 1320d-1, 1395w-104 of this title.
-FOOTNOTE(!1) So in original. Probably should be capitalized.
(!2) See References in Text note below.

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-CITE42 USC Sec. 242m

01/19/04

-EXPCITETITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part A - Research and Investigations
-HEADSec. 242m. General provisions respecting effectiveness, efficiency,
and quality of health services
-STATUTE(a) Reports to Congress and President; preparation; review by
Office of Management and Budget
(1) Not later than March 15 of each year, the Secretary shall
submit to the President and Congress the following reports:
(A) A report on health care costs and financing. Such report
shall include a description and analysis of the statistics
collected under section 242k(b)(1)(G) of this title.
(B) A report on health resources. Such report shall include a
description and analysis, by geographical area, of the statistics
collected under section 242k(b)(1)(E) of this title.
(C) A report on the utilization of health resources. Such
report shall include a description and analysis, by age, sex,
income, and geographic area, of the statistics collected under
section 242k(b)(1)(F) of this title.
(D) A report on the health of the Nation's people. Such report

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shall include a description and analysis, by age, sex, income,
and geographic area, of the statistics collected under section
242k(b)(1)(A) of this title.
(2) The reports required in paragraph (1) shall be prepared
through the National Center for Health Statistics.
(3) The Office of Management and Budget may review any report
required by paragraph (1) of this subsection before its submission
to Congress, but the Office may not revise any such report or delay
its submission beyond the date prescribed for its submission, and
may submit to Congress its comments respecting any such report.
(b) Grants or contracts; applications, submittal; application peer
review group, findings and recommendations; necessity of
favorable recommendation; appointments
(1) No grant or contract may be made under section 242b, 242k, or
242l of this title unless an application therefor has been
submitted to the Secretary in such form and manner, and containing
such information, as the Secretary may by regulation prescribe and
unless a peer review group referred to in paragraph (2) has
recommended the application for approval.
(2)(A) Each application submitted for a grant or contract under
section 242k of this title in an amount exceeding $50,000 of direct
costs and for a health services research, evaluation, or
demonstration project, or for a grant under section 242k(m) of this
title, shall be submitted to a peer review group for an evaluation
of the technical and scientific merits of the proposals made in
each such application. The Director of the National Center for
Health Statistics shall establish such peer review groups as may be
necessary to provide for such an evaluation of each such
application.

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(B) A peer review group to which an application is submitted
pursuant to subparagraph (A) shall report its finding and
recommendations respecting the application to the Secretary, acting
through the Director of the National Center for Health Statistics,
in such form and manner as the Secretary shall by regulation
prescribe. The Secretary may not approve an application described
in such subparagraph unless a peer review group has recommended the
application for approval.
(C) The Secretary, acting through the Director of the National
Center for Health Statistics, shall make appointments to the peer
review groups required in subparagraph (A) from among persons who
are not officers or employees of the United States and who possess
appropriate technical and scientific qualifications, except that
peer review groups regarding grants under section 242k(m) of this
title may include appropriately qualified such officers and
employees.
(c) Development and dissemination of statistics
The Secretary shall take such action as may be necessary to
assure that statistics developed under sections 242b and 242k of
this title are of high quality, timely, comprehensive as well as
specific, standardized, and adequately analyzed and indexed, and
shall publish, make available, and disseminate such statistics on
as wide a basis as is practicable.
(d) Information; publication restrictions
No information, if an establishment or person supplying the
information or described in it is identifiable, obtained in the
course of activities undertaken or supported under section 242b,
242k, or 242l of this title may be used for any purpose other than
the purpose for which it was supplied unless such establishment or
person has consented (as determined under regulations of the

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Secretary) to its use for such other purpose; and in the case of
information obtained in the course of health statistical or
epidemiological activities under section 242b or 242k of this
title, such information may not be published or released in other
form if the particular establishment or person supplying the
information or described in it is identifiable unless such
establishment or person has consented (as determined under
regulations of the Secretary) to its publication or release in
other form.
(e) Payment procedures; advances or reimbursement; installments;
conditions; reductions
(1) Payments of any grant or under any contract under section
242b, 242k, or 242l of this title may be made in advance or by way
of reimbursement, and in such installments and on such conditions,
as the Secretary deems necessary to carry out the purposes of such
section.
(2) The amounts otherwise payable to any person under a grant or
contract made under section 242b, 242k, or 242l of this title shall
be reduced by (A) amounts equal to the fair market value of any equipment or
supplies furnished to such person by the Secretary for the
purpose of carrying out the project with respect to which such
grant or contract is made, and
(B) amounts equal to the pay, allowances, traveling expenses,
and related personnel expenses attributable to the performance of
services by an officer or employee of the Government in
connection with such project, if such officer or employee was
assigned or detailed by the Secretary to perform such services,
but only if such person requested the Secretary to furnish such
equipment or supplies, or such services, as the case may be.

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(f) Contracts without regard to section 3324 of title 31 and
section 5 of title 41
Contracts may be entered into under section 242b or 242k of this
title without regard to section 3324 of title 31 and section 5 of
title 41.
-SOURCE(July 1, 1944, ch. 373, title III, Sec. 308, as added Pub. L.
93-353, title I, Sec. 107(a), July 23, 1974, 88 Stat. 368; amended
Pub. L. 94-273, Sec. 7(2), Apr. 21, 1976, 90 Stat. 378; Pub. L.
95-83, title I, Sec. 104, Aug. 1, 1977, 91 Stat. 384; Pub. L.
95-623, Secs. 2, 6(d), 8(b), Nov. 9, 1978, 92 Stat. 3443, 3451,
3455; Pub. L. 97-35, title IX, Secs. 917(a), (b), 919(a)(2)(B),
922, Aug. 13, 1981, 95 Stat. 564, 565, 567; Pub. L. 97-414, Sec.
8(c), Jan. 4, 1983, 96 Stat. 2060; Pub. L. 98-551, Sec. 7, Oct. 30,
1984, 98 Stat. 2820; Pub. L. 100-177, title I, Secs. 106(a), 107,
108, Dec. 1, 1987, 101 Stat. 988-990; Pub. L. 100-690, title II,
Sec. 2612, Nov. 18, 1988, 102 Stat. 4235; Pub. L. 101-239, title
VI, Sec. 6103(e)(4), Dec. 19, 1989, 103 Stat. 2206; Pub. L.
101-527, Sec. 7(b)(2), (d), Nov. 6, 1990, 104 Stat. 2328; Pub. L.
103-183, title V, Sec. 501(c), Dec. 14, 1993, 107 Stat. 2237; Pub.
L. 105-392, title IV, Sec. 401(d), Nov. 13, 1998, 112 Stat. 3587.)
-MISC1PRIOR PROVISIONS
Provisions similar to those comprising subsec. (e) of this
section were contained in subsec. (a)(3) of section 304 of act July
1, 1944, ch. 373, title III, as added July 28, 1955, ch. 417, Sec.
3, 69 Stat. 382, and amended (formerly classified to section
242b(a)(3) of this title), prior to general amendment of section
304 by Pub. L. 93-353, Sec. 103.
AMENDMENTS

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1998 - Subsec. (b)(2)(A), (C). Pub. L. 105-392 substituted
"242k(m)" for "242k(n)".
1993 - Subsec. (a)(1). Pub. L. 103-183, Sec. 501(c)(1)(A),
redesignated subpars. (B) to (E) as (A) to (D), respectively, and
struck out former subpar. (A) which read as follows: "A report on "(i) the administration of sections 242b, 242k, and 242l of
this title and subchapter VII of this chapter during the
preceding fiscal year; and
"(ii) the current state and progress of health services
research, health statistics, and health care technology."
Subsec. (a)(2). Pub. L. 103-183, Sec. 501(c)(1)(B), substituted
"reports required in paragraph (1) shall be prepared through the
National Center" for "reports required by subparagraphs (B) through
(E) of paragraph (2) shall be prepared through the Agency for
Health Care Policy and Research and the National Center".
Subsec. (c). Pub. L. 103-183, Sec. 501(c)(2)(A)-(D), (3),
redesignated subsec. (g)(2) as subsec. (c), substituted "shall
take" for "shall (A) take" and "and shall publish" for "and (B)
publish", and struck out former subsec. (c) which read as follows:
"The aggregate number of grants and contracts made or entered into
under sections 242b and 242c of this title for any fiscal year
respecting a particular means of delivery of health services or
another particular aspect of health services may not exceed twenty;
and the aggregate amount of funds obligated under grants and
contracts under such sections for any fiscal year respecting a
particular means of delivery of health services or another
particular aspect of health services may not exceed $5,000,000."
Subsec. (f). Pub. L. 103-183, Sec. 501(c)(4), substituted
"section 3324 of title 31 and section 5 of title 41" for "sections
3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C.

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5)".
Subsec. (g). Pub. L. 103-183, Sec. 501(c)(2)(B), (C), (E),
redesignated par. (2) as subsec. (c) and struck out par. (1) which
read as follows: "The Secretary shall "(A) publish, make available and disseminate, promptly in
understandable form and on as broad a basis as practicable, the
results of health services research, demonstrations, and
evaluations undertaken and supported under sections 242b and 242c
of this title;
"(B) make available to the public data developed in such
research, demonstrations, and evaluations; and
"(C) provide indexing, abstracting, translating, publishing,
and other services leading to a more effective and timely
dissemination of information on health services research,
demonstrations, and evaluations in health care delivery to public
and private entities and individuals engaged in the improvement
of health care delivery and the general public; and undertake
programs to develop new or improved methods for making such
information available."
Subsec. (h). Pub. L. 103-183, Sec. 501(c)(5), struck out subsec.
(h) which read as follows:
"(1) Except where the Secretary determines that unusual
circumstances make a larger percentage necessary in order to
effectuate the purposes of section 242k of this title, a grant or
contract under any of such sections of this title with respect to
any project for construction of a facility or for acquisition of
equipment may not provide for payment of more than 50 per centum of
so much of the cost of the facility or equipment as the Secretary
determines is reasonably attributable to research, evaluation, or
demonstration purposes.

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"(2) Laborers and mechanics employed by contractors and
subcontractors in the construction of such a facility shall be paid
wages at rates not less than those prevailing on similar work in
the locality, as determined by the Secretary of Labor in accordance
with the Act of March 3, 1931 (40 U.S.C. 267a - 267a-5, known as
the Davis-Bacon Act); and the Secretary of Labor shall have with
respect to any labor standards specified in this paragraph the
authority and functions set forth in Reorganization Plan Numbered
14 of 1950 (5 U.S.C. Appendix) and section 276c of title 40.
"(3) Such grants and contracts shall be subject to such
additional requirements as the Secretary may by regulation
prescribe."
1990 - Subsec. (b)(2)(A). Pub. L. 101-527, Sec. 7(b)(2)(A),
inserted "or for a grant under section 242k(n) of this title,"
after "demonstration project,".
Subsec. (b)(2)(C). Pub. L. 101-527, Sec. 7(b)(2)(B), inserted
before period at end ", except that peer review groups regarding
grants under section 242k(n) of this title may include
appropriately qualified such officers and employees".
Subsec. (b)(3). Pub. L. 101-527, Sec. 7(d), struck out par. (3)
which related to applications submitted under section 242k of this
title for which a grant or contract may be made under another
provision of this chapter.
1989 - Pub. L. 101-239, Sec. 6103(e)(4)(A), amended section
catchline.
Subsec. (a)(1)(A)(i). Pub. L. 101-239, Sec. 6103(e)(4)(B)(i),
substituted "sections 242b, 242k, and 242l of this title and
subchapter VII of this chapter" for "sections 242b, 242c, 242k, and
242l of this title and section 242n of this title".
Subsec. (a)(2). Pub. L. 101-239, Sec. 6103(e)(4)(B)(ii),

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substituted "the Agency for Health Care Policy and Research" for
"the National Center for Health Services Research and Health Care
Technology Assessment".
Subsec. (b)(1). Pub. L. 101-239, Sec. 6103(e)(4)(C)(i), which
directed amendment of par. (1) by substituting "section 242b, 242k,
or 242l of this title" for "sections 242b, 242c, 242k, 242l, and
242n of this title", was executed by making the substitution for
"section 242b, 242c, 242k, 242l, or 242n of this title" as the
probable intent of Congress.
Subsec. (b)(2)(A). Pub. L. 101-239, Sec. 6103(e)(4)(C)(ii),
substituted "under section 242k of this title" for "under section
242b or 242c of this title," in first sentence, struck out second
sentence which read as follows: "Each application for a grant,
contract, or cooperative agreement in an amount exceeding $50,000
of direct costs for the dissemination of research findings or the
development of research agendas (including conferences, workshops,
and meetings) shall be submitted to a standing peer review group
with persons with appropriate expertise and shall not be submitted
to any peer review group established to review applications for
research, evaluation, or demonstration projects.", and amended last
sentence generally. Prior to amendment, last sentence read as
follows: "The Secretary, acting through the Director of the
National Center for Health Services Research and Health Care
Technology Assessment (or, as appropriate, through the Director of
the National Center for Health Statistics), shall establish such
peer review groups as may be necessary to provide for such an
evaluation of an application described in the first two sentences
of this subparagraph."
Subsec. (b)(2)(B). Pub. L. 101-239, Sec. 6103(e)(4)(C)(iii),
substituted "the Director of the National Center for Health

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Statistics" for "the Director involved".
Subsec. (b)(2)(C). Pub. L. 101-239, Sec. 6103(e)(4)(C)(iv),
substituted "the Director of the National Center for Health
Statistics" for "the Directors".
Subsec. (b)(3). Pub. L. 101-239, Sec. 6103(e)(4)(C)(v),
substituted "submitted under section 242k of this title" for
"submitted under section 242b, 242c, or 242k of this title" and
"approved under any of such sections" for "approved under section
242b, 242c, or 242k of this title".
Subsec. (d). Pub. L. 101-239, Sec. 6103(e)(4)(D), substituted
"section 242b, 242k, or 242l of this title" for "section 242b,
242c, 242k, 242l, or 242n of this title", struck out "(1)" after
"for such other purpose; and", and substituted "publication or
release in other form." for "publication or release in other form,
and (2) in the case of information obtained in the course of health
services research, evaluations, or demonstrations under section
242b or 242c of this title or in the course of health care
technology activities under section 242n of this title, such
information may not be published or released in other form if the
person who supplied the information or who is described in it is
identifiable unless such person has consented (as determined under
regulations of the Secretary) to its publication or release in
other form."
Subsec. (e)(1), (2). Pub. L. 101-239, Sec. 6103(e)(4)(E),
substituted "section 242b, 242k, or 242l of this title" for
"section 242b, 242c, 242k, 242l, or 242n of this title".
Subsec. (f). Pub. L. 101-239, Sec. 6103(e)(4)(F), substituted
"section 242b or 242k of this title" for "section 242b, 242c, 242k,
or 242n of this title".
Subsec. (g)(1). Pub. L. 101-239, Sec. 6103(e)(4)(G)(i), struck

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out at end "Except as provided in subsection (d) of this section,
the Secretary may not restrict the publication and dissemination of
data from, and results of projects undertaken by, centers supported
under section 242c(d) of this title."
Subsec. (g)(2). Pub. L. 101-239, Sec. 6103(e)(4)(G)(ii),
substituted "sections 242b and 242k of this title" for "sections
242b, 242c, 242k, and 242n of this title".
Subsec. (h)(1). Pub. L. 101-239, Sec. 6103(e)(4)(H), substituted
"effectuate the purposes of section 242k of this title" for
"effectuate the purposes of section 242b, 242c, 242k, or 242n of
this title" and "contract under any of such sections" for "contract
under section 242b, 242c, 242k, or 242n of this title".
Subsec. (i). Pub. L. 101-239, Sec. 6103(e)(4)(I), struck out
subsec. (i) which authorized appropriations for carrying out
certain programs under sections 242b, 242c, 242k, and 242n of this
title during fiscal years 1988 to 1990.
1988 - Subsec. (b)(2)(A). Pub. L. 100-690 inserted after first
sentence "Each application for a grant, contract, or cooperative
agreement in an amount exceeding $50,000 of direct costs for the
dissemination of research findings or the development of research
agendas (including conferences, workshops, and meetings) shall be
submitted to a standing peer review group with persons with
appropriate expertise and shall not be submitted to any peer review
group established to review applications for research, evaluation,
or demonstration projects." and substituted "an application
described in the first two sentences of this subparagraph" for
"each such application" in last sentence.
1987 - Subsec. (a)(1), (2). Pub. L. 100-177, Sec. 106(a)(1),
added pars. (1) and (2) and struck out former pars. (1) and (2)
which read as follows:

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"(1) Not later than December 1 of each year, the Secretary shall
make a report to Congress respecting (A) the administration of
sections 242b, 242c, 242k, and 242l and section 242n of this title
during the preceding fiscal year, and (B) the current state and
progress of health services research and, health statistics, and
health care technology.
"(2) The Secretary, acting through the National Center for Health
Services Research and the National Center for Health Statistics,
shall assemble and submit to the President and the Congress not
later than December 1 of each year the following reports:
"(A) A report on health care costs and financing. Such report
shall include a description and analysis of the statistics
collected under section 242k(b)(1)(G) of this title.
"(B) A report on health resources. Such report shall include a
description and analysis, by geographic area, of the statistics
collected under section 242k(b)(1)(E) of this title.
"(C) A report on the utilization of health resources. Such
report shall include a description and analysis, by age, sex,
income, and geographic area, of the statistics collected under
section 242k(b)(1)(F) of this title.
"(D) A report on the health of the Nation's people. Such report
shall include a description and analysis, by age, sex, income,
and geographic area, of the statistics collected under section
242k(b)(1)(A) of this title."
Subsec. (a)(3). Pub. L. 100-177, Sec. 106(a)(2), struck out "or
(2)" after "paragraph (1)".
Subsec. (b)(1). Pub. L. 100-177, Sec. 107(1), inserted "and
unless a peer review group referred to in paragraph (2) has
recommended the application for approval" before period at end.
Subsec. (b)(2). Pub. L. 100-177, Sec. 107(2), added par. (2) and

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struck out former par. (2) which read as follows: "Each application
submitted for a grant or contract under section 242b or 242c of
this title, in an amount exceeding $50,000 of direct costs and for
a health services research, evaluation, or demonstration project,
shall be submitted by the Secretary for review for scientific merit
to a panel of experts appointed by him from persons who are not
officers or employees of the United States and who possess
qualifications relevant to the project for which the application
was made. A panel to which an application is submitted under this
paragraph shall report its findings and recommendations respecting
the application to the Secretary in such form and manner as the
Secretary shall by regulation prescribe."
Subsec. (i). Pub. L. 100-177, Sec. 108, amended subsec. (i)
generally, substituting provisions authorizing appropriations for
fiscal years 1988 to 1990 for carrying out activities under
sections 242b, 242c, 242k, and 242n of this title for former
provisions authorizing appropriations for fiscal years 1975 to 1987
for carrying out activities under those sections.
1984 - Subsec. (i)(1). Pub. L. 98-551, Sec. 7(a), inserted
provisions authorizing appropriations for fiscal years ending Sept.
30, 1985, 1986, and 1987, inserted "and Health Care Technology
Assessment" after "Research", substituted "and at least 10 per
centum of such amount or $1,500,000, whichever is less, shall be
available only for the user liaison program and the technical
assistance program referred to in section 242c(c)(2) of this title
and for dissemination activities directly undertaken through such
Center" for "and at least 5 per centum of such amount or
$1,000,000, whichever is less, shall be available only for
dissemination activities directly undertaken through such Center",
inserted "For health care technology assessment activities

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undertaken under subsections (b)(5), (e), (f), and (g) of section
242c of this title the Secretary shall obligate from funds
appropriated under this paragraph not less than $3,000,000 for the
fiscal year ending September 30, 1985, $3,500,000 for the fiscal
year ending September 30, 1986, and $4,000,000 for the fiscal year
ending September 30, 1987. For grants under section 242n of this
title the Secretary shall obligate from funds appropriated under
this paragraph not less than $500,000 for the fiscal year ending
September 30, 1985, $750,000 for the fiscal year ending September
30, 1986, and $750,000 for the fiscal year ending September 30,
1987.", and in last sentence substituted "for any fiscal year" for
"for each of the fiscal years ending September 30, 1982, September
30, 1983, and September 30, 1984,".
Subsec. (i)(2). Pub. L. 98-551, Sec. 7(b), inserted provisions
authorizing appropriations for fiscal years ending Sept. 30, 1985,
1986, and 1987.
1983 - Subsec. (d). Pub. L. 97-414 inserted ", if an
establishment or person supplying the information or described in
it is identifiable," after "No information", and substituted "such
establishment or person has consented (as determined under
regulations of the Secretary) to its use for such other purpose"
for "authorized by guidelines in effect under section 242k(l)(2) of
this title or under regulations of the Secretary".
1981 - Subsec. (a)(2). Pub. L. 97-35, Sec. 922(a), substituted
"December" for "September", which change had already been made by
Pub. L. 94-273.
Subsec. (b)(2). Pub. L. 97-35, Sec. 922(b), substituted "$50,000"
for "$35,000".
Subsec. (d)(2). Pub. L. 97-35, Sec. 922(c), inserted
applicability to health care technology activities under section

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242n of this title.
Subsec. (i)(1). Pub. L. 97-35, Secs. 917(a), 919(a)(2)(B),
inserted provisions respecting amounts of and limitations on uses
for appropriations for the fiscal years ending Sept. 30, 1982,
1983, and 1984.
Subsec. (i)(2). Pub. L. 97-35, Sec. 917(b), inserted provisions
respecting appropriations for the fiscal years ending Sept. 30,
1982, 1983, and 1984.
1978 - Subsec. (a)(1). Pub. L. 95-623, Sec. 6(d)(1), required the
report to cover the administration of section 242n of this title
and the current state and progress of health care technology.
Subsec. (b)(1). Pub. L. 95-623, Sec. 6(d)(2), inserted reference
to grant or contract under section 242n of this title.
Subsec. (d). Pub. L. 95-623, Secs. 6(d)(3), 8(b), inserted
reference to section 242n of this title and substituted in cl. (1)
"statistical or epidemiological activities" for "statistical
activities"; and authorized use of information for purposes other
than for which supplied when authorized by guidelines in effect
under section 242k(l)(2) of this title.
Subsecs. (e), (f), (g)(2), (h)(1). Pub. L. 95-623, Sec.
6(d)(4)-(7), inserted references to section 242n of this title.
Subsec. (i)(1). Pub. L. 95-623, Sec. 2(a), authorized
appropriation of $35,000,000; $40,000,000; and $45,000,000 for
fiscal years ending Sept. 30, 1979, through 1981, and substituted
minimum amounts of the lesser of 20 per centum of appropriated
funds or $6,000,000 for health services research, evaluation and
demonstration activities of the National Center for Health Services
Research and 5 per centum of such funds or $1,000,000 for
dissemination activities of such Center for prior similar
requirement of 25 per centum of appropriated funds for the

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applicable fiscal years for health services research, evaluation,
and demonstration activities of the Secretary.
Subsec. (i)(2). Pub. L. 95-623, Sec. 2(b), authorized
appropriation of $50,000,000; $65,000,000; and $70,000,000 for
fiscal years ending Sept. 30, 1979, through 1981.
1977 - Subsec. (i)(1). Pub. L. 95-83, Sec. 104(a), authorized
appropriation of $28,600,000 for fiscal year ending Sept. 30, 1978.
Subsec. (i)(2). Pub. L. 95-83, Sec. 104(b), authorized
appropriation of $33,600,000 for fiscal year ending Sept. 30, 1978.
1976 - Subsec. (a). Pub. L. 94-273 substituted "December" for
"September" wherever appearing.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-392, title IV, Sec. 401(e), Nov. 13, 1998, 112 Stat.
3587, provided that: "This section [amending this section and
sections 247b-5, 247b-6, 247c, 285f-2, 300d-1 to 300d-3, 300d-13,
300d-32, 300k, and 300n-1 of this title] is deemed to have taken
effect immediately after the enactment of Public Law 103-183 [Dec.
14, 1993]."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 2600 of Pub. L. 100-690 provided that: "Except as
provided in section 2613(b)(1) [42 U.S.C. 285m note], the
amendments made by this subtitle [subtitle G (Secs. 2600-2641) of
title II of Pub. L. 100-690, enacting sections 285m-4 to 285m-6 of
this title, amending this section, sections 242c, 281, 284, 284c,
285j, 285m, 285m-1 to 285m-6, 286, 289f, 290cc-28, 290cc-36, 292h,
294a, 295g-4, 295g-7, 295g-8b, 295h, 295h-5, 295j, 297j, 297n,
300cc-3, 300cc-13, 300cc-17, 300cc-20, 300cc-31, 300dd-1, 300dd-3,
300dd-8, 300dd-10, 300dd-12 to 300dd-14, 300dd-21, 300dd-32, 300ee,
300ee-2, 300ee-5, 300ee-12, 300ee-13, 300ee-15 to 300ee-18,
300ee-20, 300ee-22, 300ee-34, 300ff-48, and 300aaa to 300aaa-13 of

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this title, and section 393 of Title 21, Food and Drugs, enacting
provisions set out as notes under section 285m of this title,
amending provisions set out as notes under sections 201, 292h,
300cc, 300ee-1, and 300ff-48 of this title, and repealing
provisions set out as a note under section 285m of this title]
shall take effect immediately after the enactment of the Health
Omnibus Programs Extension of 1988 [Nov. 4, 1988]."
EFFECTIVE DATE OF 1987 AMENDMENT
Section 106(c) of Pub. L. 100-177 provided that: "The amendments
made by subsections (a) and (b) [amending this section and section
242p of this title] shall apply to reports and profiles required to
be submitted after November 1, 1987."
MINE WORKERS STUDY; REPORT COMPLETED AND SUBMITTED NO LATER THAN 30
MONTHS AFTER NOVEMBER 9, 1978
Section 10 of Pub. L. 95-623, as amended by S. Res. 30, Mar. 7,
1979; H. Res. 549, Mar. 25, 1980, required the Secretary, acting
through the National Center for Health Services Research, to
arrange for the conduct of a study to evaluate the impact upon the
utilization of health services by and the health status of members
of the United Mine Workers and their dependents as a result of
changes in the United Mine Workers' collective-bargaining
agreements of Mar. 1978 with a report to be submitted to the
Secretary and specific committees of the Senate and House of
Representatives within 30 months after Nov. 9, 1978.
AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30,
1977
Section 107(b) of Pub. L. 93-353 provided that: "The
authorizations of appropriations provided by section 308(i) of the
Public Health Service Act [subsec. (i) of this section] is extended
for the fiscal year ending June 30, 1977, in the amounts authorized

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for the preceding fiscal year unless before June 30, 1976, Congress
has passed legislation repealing this subsection."
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 242k, 242p of this title.

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