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

(a)

Comprehensive health planning and services

(1)

July 1, 1966June 30, 1973June 30, 1967June 30, 1968June 30, 1969June 30, 1970June 30, 1971June 30, 1972June 30, 1973June 30, 1974 In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Secretary is authorized during the period beginning , and ending , to make grants to States which have submitted, and had approved by the Secretary, State plans for comprehensive State health planning. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $2,500,000 for the fiscal year ending , $7,000,000 for the fiscal year ending , $10,000,000 for the fiscal year ending , $15,000,000 for the fiscal year ending , $15,000,000 for the fiscal year ending , $17,000,000 for the fiscal year ending , $20,000,000 for the fiscal year ending , and $10,000,000 for the fiscal year ending .

(2)

In order to be approved for purposes of this subsection, a State plan for comprehensive State health planning must—

(A)

designate, or provide for the establishment of, a single State agency, which may be an interdepartmental agency, as the sole agency for administering or supervising the administration of the State’s health planning functions under the plan;

(B)

provide for the establishment of a State health planning council, which shall include representatives of Federal, State, and local agencies (including as an ex officio member, if there is located in such State one or more hospitals or other health care facilities of the Department of Veterans Affairs, the individual whom the Secretary of Veterans Affairs shall have designated to serve on such council as the representative of the hospitals or other health care facilities of such Department which are located in such State) and nongovernmental organizations and groups concerned with health (including representation of the regional medical program or programs included in whole or in part within the State), and of consumers of health services, to advise such State agency in carrying out its functions under the plan, and a majority of the membership of such council shall consist of representatives of consumers of health services;

(C)

set forth policies and procedures for the expenditure of funds under the plan, which, in the judgment of the Secretary, are designed to provide for comprehensive State planning for health services (both public and private and including home health care), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State and including environmental considerations as they relate to public health;

(D)

provide for encouraging cooperative efforts among governmental or nongovernmental agencies, organizations and groups concerned with health services, facilities, or manpower, and for cooperative efforts between such agencies, organizations, and groups and similar agencies, organizations, and groups in the fields of education, welfare, and rehabilitation;

(E)

contain or be supported by assurances satisfactory to the Secretary that the funds paid under this subsection will be used to supplement and, to the extent practicable, to increase the level of funds that would otherwise be made available by the State for the purpose of comprehensive health planning and not to supplant such non-Federal funds;

(F)

provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan;

(G)

provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time reasonably require, and will keep such records and afford such access thereto as the Secretary finds necessary to assure the correctness and verification of such reports;

(H)

provide that the State agency will from time to time, but not less often than annually, review its State plan approved under this subsection and submit to the Secretary appropriate modifications thereof;

(I)

July 1, 1968 effective , (i) provide for assisting each health care facility in the State to develop a program for capital expenditures for replacement, modernization, and expansion which is consistent with an overall State plan developed in accordance with criteria established by the Secretary after consultation with the State which will meet the needs of the State for health care facilities, equipment, and services without duplication and otherwise in the most efficient and economical manner, and (ii) provide that the State agency furnishing such assistance will periodically review the program (developed pursuant to clause (i)) of each health care facility in the State and recommend appropriate modification thereof;

(J)

provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the State under this subsection; and

(K)

contain such additional information and assurances as the Secretary may find necessary to carry out the purposes of this subsection.

(3)

(A)

From the sums appropriated for such purpose for each fiscal year, the several States shall be entitled to allotments determined, in accordance with regulations, on the basis of the population and the per capita income of the respective States; except that no such allotment to any State for any fiscal year shall be less than 1 per centum of the sum appropriated for such fiscal year pursuant to paragraph (1). Any such allotment to a State for a fiscal year shall remain available for obligation by the State, in accordance with the provisions of this subsection and the State’s plan approved thereunder, until the close of the succeeding fiscal year.

(B)

The amount of any allotment to a State under subparagraph (A) for any fiscal year which the Secretary determines will not be required by the State, during the period for which it is available, for the purposes for which allotted shall be available for reallotment by the Secretary from time to time, on such date or dates as he may fix, to other States with respect to which such a determination has not been made, in proportion to the original allotments to such States under subparagraph (A) for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use during such period; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount so reallotted to a State from funds appropriated pursuant to this subsection for a fiscal year shall be deemed part of its allotment under subparagraph (A) for such fiscal year.

(4)

June 30, 1970 From each State’s allotment for a fiscal year under this subsection, the State shall from time to time be paid the Federal share of the expenditures incurred during that year or the succeeding year pursuant to its State plan approved under this subsection. Such payments shall be made on the basis of estimates by the Secretary of the sums the State will need in order to perform the planning under its approved State plan under this subsection, but with such adjustments as may be necessary to take account of previously made underpayments or overpayments. The “Federal share” for any State for purposes of this subsection shall be all, or such part as the Secretary may determine, of the cost of such planning, except that in the case of the allotments for the fiscal year ending , it shall not exceed 75 per centum of such cost.

(b)

Project grants for areawide health planning; authorization of appropriations; prerequisites for grants; application; contents

(1)

(A)

July 1, 1966June 30, 1974July 1, 1968June 30, 1970June 30, 1967June 30, 1968June 30, 1969June 30, 1970June 30, 1971June 30, 1972June 30, 1973June 30, 1974 The Secretary is authorized, during the period beginning , and ending , to make, with the approval of the State agency administering or supervising the administration of the State plan approved under subsection (a), project grants to any other public or nonprofit private agency or organization (but with appropriate representation of the interests of local government where the recipient of the grant is not a local government or combination thereof or an agency of such government or combination) to cover not to exceed 75 per centum of the costs of projects for developing (and from time to time revising) comprehensive regional, metropolitan area, or other local area plans for coordination of existing and planned health services, including the facilities and persons required for provision of such services; and including the provision of such services through home health care; except that in the case of project grants made in any State prior to , approval of such State agency shall be required only if such State has such a State plan in effect at the time of such grants. No grant may be made under this subsection after , to any agency or organization to develop or revise health plans for an area unless the Secretary determines that such agency or organization provides means for appropriate representation of the interests of the hospitals, other health care facilities, and practicing physicians serving such area, and the general public. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending , $7,500,000 for the fiscal year ending , $10,000,000 for the fiscal year ending , $15,000,000 for the fiscal year ending , $20,000,000 for the fiscal year ending , $30,000,000 for the fiscal year ending , $40,000,000 for the fiscal year ending , and $25,100,000 for the fiscal year ending .

(B)

Project grants may be made by the Secretary under subparagraph (A) to the State agency administering or supervising the administration of the State plan approved under subsection (a) with respect to a particular region or area, but only if (i) no application for such a grant with respect to such region or area has been filed by any other agency or organization qualified to receive such a grant, and (ii) such State agency certifies, and the Secretary finds, that ample opportunity has been afforded to qualified agencies and organizations to file application for such a grant with respect to such region or area and that it is improbable that, in the foreseeable future, any agency or organization which is qualified for such a grant will file application therefor.

(2)

(A)

In order to be approved under this subsection, an application for a grant under this subsection must contain or be supported by reasonable assurances that there has been or will be established, in or for the area with respect to which such grant is sought, an areawide health planning council. The membership of such council shall include representatives of public, voluntary, and nonprofit private agencies, institutions, and organizations concerned with health (including representatives of the interests of local government of the regional medical program for such area, and of consumers of health services). A majority of the members of such council shall consist of representatives of consumers of health services.

(B)

In addition, an application for a grant under this subsection must contain or be supported by reasonable assurances that the areawide health planning agency has made provision for assisting health care facilities in its area to develop a program for capital expenditures for replacement, modernization, and expansion which is consistent with an overall State plan which will meet the needs of the State and the area for health care facilities, equipment, and services without duplication and otherwise in the most efficient and economical manner.

(c)

Project grants for training, studies, and demonstrations; authorization of appropriations

July 1, 1966June 30, 1974June 30, 1967June 30, 1968June 30, 1969June 30, 1970June 30, 1971June 30, 1972June 30, 1973June 30, 1974The Secretary is also authorized, during the period beginning , and ending , to make grants to any public or nonprofit private agency, institution, or other organization to cover all or any part of the cost of projects for training, studies, or demonstrations looking toward the development of improved or more effective comprehensive health planning throughout the Nation. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $1,500,000 for the fiscal year ending , $2,500,000 for the fiscal year ending , $5,000,000 for the fiscal year ending , $7,500,000 for the fiscal year ending , $8,000,000 for the fiscal year ending , $10,000,000 for the fiscal year ending , $12,000,000 for the fiscal year ending , and $4,700,000 for the fiscal year ending .

July 1, 1944, ch. 373 58 Stat. 693 July 3, 1946, ch. 538, § 9 60 Stat. 424 June 16, 1948, ch. 481, § 5 62 Stat. 468 Apr. 11, 195367 Stat. 631 Aug. 1, 1956, ch. 852, § 18 70 Stat. 910 Pub. L. 85–544, § 1July 22, 195872 Stat. 400 Pub. L. 87–395, § 2(a)Oct. 5, 196175 Stat. 824 Pub. L. 87–688, § 4(a)(1)Sept. 25, 196276 Stat. 587 Pub. L. 89–109, § 4Aug. 5, 196579 Stat. 436 Pub. L. 89–749, § 3Nov. 3, 196680 Stat. 1181 Pub. L. 90–174Dec. 5, 196781 Stat. 533–535 Pub. L. 91–296, title I, § 111(b)June 30, 197084 Stat. 340 Pub. L. 91–513, title I, § 3(b)Oct. 27, 197084 Stat. 1241 Pub. L. 91–515, title IIOct. 30, 197084 Stat. 1304–1306 Pub. L. 91–616, title III, § 331Dec. 31, 197084 Stat. 1853 Pub. L. 91–648, title IV, § 403Jan. 5, 197184 Stat. 1925 Pub. L. 95–454, title VI, § 602(c)Oct. 13, 197892 Stat. 1189 Pub. L. 92–255, title IV, § 403(a)Mar. 21, 197286 Stat. 77 Pub. L. 93–45, title I, § 106June 18, 197387 Stat. 92 Pub. L. 93–151, § 8Nov. 9, 197387 Stat. 568 Pub. L. 94–63, title I, § 102July 29, 197589 Stat. 304 Pub. L. 94–484, title IX, § 905(b)(1)Oct. 12, 197690 Stat. 2325 Pub. L. 95–83, title III, § 302Aug. 1, 197791 Stat. 387 Pub. L. 95–454, title VI, § 602(c)Oct. 13, 197892 Stat. 1189 Pub. L. 95–622, title I, § 109Nov. 9, 197892 Stat. 3417 Pub. L. 95–626, title II, § 201(a)Nov. 10, 197892 Stat. 3570 Pub. L. 96–32, § 6(e)July 10, 197993 Stat. 83 Pub. L. 96–79, title I, § 115(k)(2)Oct. 4, 197993 Stat. 610 Pub. L. 96–398, title I, § 107(d)Oct. 7, 198094 Stat. 1571 Pub. L. 97–35, title IX, § 902(b)Aug. 13, 198195 Stat. 559 Pub. L. 99–117, § 12(a)Oct. 7, 198599 Stat. 495 Pub. L. 102–54, § 13(q)(1)(D)June 13, 1991105 Stat. 279 (, title III, § 314, ; , ; , ; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, ; , ; , , ; –(d), , ; , , ; , , ; , , ; , §§ 2(a)–(f), 3(b)(2), 8(a), (b), 12(d), , , 540, 541; , title IV, § 401(b)(1)(C), (D), , , 352; , , ; , §§ 220, 230, 240, 250, 260(a)–(c)(1), 282, , , 1308; , , ; , , , as amended , , ; , , ; , , ; , , ; , title V, § 501(b), title VII, § 701(a), (b), , , 346, 352; , , ; , , ; , , ; , , ; , (b)(2), , ; , (f), , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 102–541991—Subsec. (a)(2)(B). substituted “Department of Veterans Affairs” for “Veterans’ Administration”, “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” and “such Department” for “such Administration”.

Pub. L. 99–117 Pub. L. 96–3981985—Subsec. (g). directed that subsec. (g) be repealed. Previously, subsec. (g) was repealed by . See 1980 Amendment note below.

Pub. L. 97–351981—Subsec. (d). struck out subsec. (d) which related to grants for services, form, manner, etc., of application, review of activities undertaken, allotments, and authorization of appropriations.

Pub. L. 96–3981980—Subsec. (g). struck out subsec. (g) which related to application, procedures applicable, amount, etc., for State mental health program grants.

Pub. L. 96–32, § 6(e)1979—Subsec. (d)(2)(C)(ii). , substituted “uniform national health program reporting system” for “uniform national reporting system”.

Pub. L. 96–32, § 6(f)Sept. 30, 1979Sept. 30, 1979Subsec. (d)(4)(A). , in provision following subd. (II) of cl. (ii), substituted “the preceding provisions of this subparagraph” for “clauses (i) and (ii)” and “amount” for “amounts” and inserted provision that if the amount appropriated for a fiscal year is equal to or less than the amount appropriated for fiscal year ending , the total amount of grants for a State health authority shall be an amount which bears the same ratio to the amount appropriated as the total amount of grants received by such authority from appropriations for fiscal year ending , bears to the amount appropriated for that fiscal year.

Pub. L. 96–79 section 300m–3(c) of this titleSubsec. (g)(2)(D)(iv). substituted “a plan which is consistent with the State health plan in effect for the State under and” for “a plan”.

Pub. L. 95–626, § 201(b)(2)Sept. 30, 1980Sept. 30, 19811978—Subsec. (d). , completely revised subsec. (d) under which the Secretary is authorized to make grants to State health authorities to assist in meeting the costs of providing comprehensive public health services by including requirements that the States submit an application outlining how funds will be used to supplement non-Federal support for the provision of public health services in the State, by setting out formulae under which funds will be made available to States including definitions of “applicable grant computation percentage” and “State and local expenditures for comprehensive public health services”, by requiring implementation of a national health program reporting system to assure accountability for expenditure of funds, and by authorizing appropriations of $150,000,000 for fiscal year ending , and $170,000,000 for fiscal year ending .

Pub. L. 95–626, § 201(a)(1)Sept. 30, 1979Subsec. (d)(7)(A). , inserted provision authorizing an appropriation of $103,000,000 for fiscal year ending .

Pub. L. 95–626, § 201(a)(2)Sept. 30, 1979Subsec. (d)(7)(B). , inserted provision authorizing an appropriation of $20,000,000 for fiscal year ending .

Pub. L. 95–454 section 403 of Pub. L. 91–648Subsec. (f). designated existing provisions of (see 1971 Amendment note below) as subsec. (a) thereof and added subsec. (b) thereto repealing subsec. (f) of this section as subsec. (f) of this section had applied to commissioned officers of the Public Health Service.

Pub. L. 95–622Subsec. (g). substituted provisions relating to grants for State mental health programs for provisions relating to regulations and amendments with respect to grants to States under subsecs. (a) and (d) and reduction and suspension of subsec. (a) and (d) grant payments.

Pub. L. 95–83, § 302(a)Sept. 30, 1977Sept. 30, 19781977—Subsec. (d)(7)(A). , substituted provision for an appropriation authorization for fiscal year ending , for prior such authorization for fiscal year 1977, and authorized appropriation of $106,750,000 for fiscal year ending .

Pub. L. 95–83, § 302(b)Sept. 30, 1977Sept. 30, 1978Subsec. (d)(7)(B). , substituted provision for an appropriation authorization for fiscal year ending , for prior such authorization for fiscal year 1977, and authorized appropriation of $12,680,000 for fiscal year ending .

Pub. L. 94–4841976—Subsec. (g)(4)(B). defined “State” to include the Northern Mariana Islands.

Pub. L. 94–63June 30, 1968June 30, 19751975—Subsec. (d). , §§ 102, 701(a), substituted provisions relating to grants made pursuant to allotments to State health and mental health authorities for meeting the costs of providing comprehensive public health services, for provisions relating to grants made pursuant to appropriations for fiscal year ending to fiscal year ending , to State health or mental health authorities to aid in the establishment and maintenance of adequate public health services, including the training of personnel for State and local health work.

Pub. L. 94–63June 30, 1968June 30, 1975June 30, 1975Subsec. (e). , §§ 501(b), 701(b), struck out subsec. (e) which authorized appropriations from fiscal year ending through fiscal year ending for project grants for health services and related training, set forth procedures for making such grants, and prohibited grants after the fiscal year ending , for provisions of this chapter amended by title VII of the Health Revenue Sharing and Health Services Act of 1975.

Pub. L. 93–45, § 106(a)(1)June 30, 19741973—Subsec. (a)(1). , authorized appropriations of $10,000,000 for fiscal year ending .

Pub. L. 93–45, § 106(a)(2)June 30, 1974June 30, 1973June 30, 1974Subsec. (b)(1)(A). , (b), authorized appropriations of $25,100,000 for fiscal year ending , and extended period for making project grants from , to .

Pub. L. 93–45, § 106(a)(3)June 30, 1974June 30, 1973June 30, 1974Subsec. (c). , (b), authorized appropriations of $4,700,000 for fiscal year ending , and extended period for grants from , to .

Pub. L. 93–45, § 106(a)(4)June 30, 1974Subsec. (d)(1). , authorized appropriations of $90,000,000 for fiscal year ending .

Pub. L. 93–151Subsec. (e). prohibited use of appropriated funds for lead based paint poisoning control.

Pub. L. 93–45, § 106(a)(5)June 30, 1974, authorized appropriations of $230,700,000 for fiscal year ending , and prohibited any grant for such fiscal year to cover cost of services described in cl. (1) or (2) of the first sentence if a grant or contract to cover cost of such services may be made or entered into from funds authorized to be appropriated for such fiscal year under an appropriations authorization in any provision of this chapter (other than this subsection) amended by title I of the Health Programs Extension Act of 1973.

Pub. L. 92–2551972—Subsec. (d)(2)(K). required State plans to provide for licensing of facilities for treatment and rehabilitation of persons with drug abuse and other drug dependence problems and for expansion of State mental health programs and other prevention and treatment programs in the field of drug abuse and drug dependence.

Pub. L. 91–648, § 403(a)Pub. L. 94–454, § 602(c)1971—Subsec. (f). , as amended by , repealed subsec. (f) which authorized the Secretary to arrange the interchange of personnel with States to aid in discharge of responsibilities in field of health care, except as subsec. (b) applied to commissioned officers of the Public Health Service. See 1978 Amendment note above.

Pub. L. 91–515, § 2821970—, substituted “Secretary” for “Surgeon General” in subsecs. (a)(1), (a)(2)(C), (E) to (H), (K), (a)(3)(B), (a)(4), (b)(1)(A), (c), (d)(1), (d)(2)(C), (F) to (H), (J), (d)(4)(A), (d)(6), and (g)(1) to (3).

Pub. L. 91–515, § 220(a)June 30, 1970June 30, 1973June 30, 1971June 30, 1972June 30, 1973Subsec. (a)(1). , extended period for making grants to States from to , and authorized appropriations for the fiscal years ending , , and .

Pub. L. 91–515, § 220(b)Subsec. (a)(2)(B). , (c), inserted provisions authorizing appointment of an exofficio member from representatives of Federal, State, and local agencies involved, and requiring representation of the regional medical program or programs included in whole or in part within the State.

Pub. L. 91–515, § 220(d)Subsec. (a)(2)(C). , inserted “and including home health care” after “private” and “and including environmental considerations as they relate to public health” after “people of the State”.

Pub. L. 91–515, § 230June 30, 1970June 30, 1973June 30, 1971June 30, 1972June 30, 1973Subsec. (b). , redesignated existing provisions as subsec. (b)(1)(A), and, as so redesignated, extended period for making project grants from to , inserted “and including the provision of such services through home health care” after “such services”, and authorized appropriations for the fiscal years ending , , and , and added subsec. (b)(1)(B) and (b)(2).

Pub. L. 91–296, § 111(b), inserted provisions requiring that before grants be made to agencies or organizations to develop or revise health plans for an area the Secretary determine that the agency or organization provides means for appropriate representation of the interests of the hospitals, practicing physicians, and the general public.

Pub. L. 91–515, § 240June 30, 1970June 30, 1973June 30, 1971June 30, 1972June 30, 1973Subsec. (c). , extended period for making grants from , to , and authorized appropriations for the fiscal years ending , , and .

Pub. L. 91–515, § 250(a)June 30, 1971June 30, 1972June 30, 1973Subsec. (d)(1). , authorized appropriations for fiscal years ending , , and .

Pub. L. 91–296, § 401(b)(1)(C), struck out except which provided for use of up to 1 per centum by Secretary for evaluation.

Pub. L. 91–515, § 250(b)Subsec. (d)(2)(C). , inserted provisions requiring State plan to contain assurances that the plan is compatible with total health program of the State.

Pub. L. 91–513Subsec. (d)(2)(K). added subpar. (K).

Pub. L. 91–616Subsec. (d)(2)(L). added subpar. (L).

Pub. L. 91–515, § 260(a)June 30, 1971June 30, 1972June 30, 1973Subsec. (e). , (b), (c)(1), inserted provisions authorizing appropriations for fiscal years ending , , and , provisions authorizing grants to cover part of cost of equity requirements and amortization of loans on facilities acquired from the Office of Economic Opportunity or construction in connection with any program or project transferred from the Office of Economic Opportunity, and provisions requiring the application for any grant made under this subsection to be referred for review and comment to the appropriate areawide health planning agency, or, if no such agency is in the area, then to such other public or nonprofit private agency or organization (if any) which performs similar functions.

Pub. L. 91–296, § 401(b)(1)(D), struck out provision for use of up to 1 per centum of appropriation for grants under subsec. (e) by the Secretary for evaluation.

Pub. L. 90–174, § 2(a)(1)June 30, 1968June 30, 1970June 30, 1968June 30, 19691967—Subsec. (a)(1). , extended period for making grants to States from , to , increased appropriations authorization for fiscal year ending , from $5,000,000 to $7,000,000, and authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending , and 1970, respectively.

Pub. L. 90–174, § 2(a)(2)Subsec. (a)(2)(I) to (K). , added subpar. (I) and redesignated former subpars. (I) and (J) as (J) and (K), respectively.

Pub. L. 90–174, § 2(a)(3)June 30, 1968Subsec. (a)(4). , limited Federal share of expenditures, in case of allotments for fiscal year ending , to 75 per centum of cost of planning.

Pub. L. 90–174, § 2(b)(1)June 30, 1968June 30, 1970June 30, 1969Subsec. (b). , (2), extended period for making grants to public or nonprofit private organizations from , to , and authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending , and 1970, respectively, and provided for appropriate representation of interests of local government where recipient of grant is not a local government or combination thereof or an agency of such government or combination, respectively.

Pub. L. 90–174, § 2(c)June 30, 1968June 30, 1970June 30, 1969Subsec. (c). , extended period for making grants to public or nonprofit private organizations from , to , and authorized appropriations of $5,000,000 and $7,500,000 for fiscal years ending , and 1970, respectively.

Pub. L. 90–174June 30, 1968June 30, 1969June 30, 1968Subsec. (d)(1). , §§ 2(d)(1), 8(a), increased appropriations authorization for fiscal year ending , from $62,500,000 to $70,000,000, and authorized appropriations of $90,000,000 and $100,000,000 for fiscal years ending , and 1970, respectively, and made program evaluation funds available for any fiscal year ending after , respectively.

Pub. L. 90–174, § 2(d)(2)Subsec. (d)(5). , made Federal share of 66⅔ per centum applicable to the Trust Territory of the Pacific Islands.

Pub. L. 90–174, § 2(d)(3)Subsec. (d)(7). , provided for an allocation of 70 per centum of funds for provision under the State plan of services in communities of the State.

Pub. L. 90–174June 30, 1968June 30, 1969June 30, 1968Subsec. (e). , §§ 2(e), 3(b)(2), 8(b), increased appropriations authorization for fiscal year ending , from $62,500,000 to $90,000,000, authorized appropriations of $95,000,000 and $80,000,000 for fiscal years ending , and 1970, respectively, inserted “(including related training)” after “providing services” in cl. (1), substituted “developing” for “stimulating” and inserted “(including related training)” after “health services” in cl. (2), struck out cl. (3) which authorized grants to cover part of cost of undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services, and made program evaluation funds available for any fiscal year ending after .

Pub. L. 90–174, § 12(d)(1)Subsec. (f)(5). , inserted “for” before “the expenses of travel”.

Pub. L. 90–174, § 12(d)(2)Subsec. (f)(6), (8). , substituted “Department” for “Service”.

Pub. L. 90–174, § 2(f)Subsec. (g)(4)(B). , defined “State” to include the Trust Territory of the Pacific Islands.

Pub. L. 89–7491966—Subsec. (a). substituted provisions authorizing the Surgeon General to make grants to States to assist in comprehensive and continuing planning for their current and future health needs, authorizing appropriations therefor, setting out the requirements for an acceptable State plan for comprehensive State health planning, covering the allotting of the appropriated sums to the States, and the payment of the allotted funds, for provisions authorizing the Surgeon General, through the use of grants and other assistance, to help local programs of prevention, treatment, and control of venereal diseases, covering the payment of the costs of assistance by personnel of the Public Health Service to assist in carrying out the purposes of the section with respect to venereal disease, and authorizing the appropriation of funds.

Pub. L. 89–749Subsec. (b). substituted provisions for project grants by the Surgeon General covering the development of comprehensive regional, metropolitan, or local coordination of existing and planned health facilities and persons required for providing services and the authorization of appropriations of $5,000,000 for fiscal 1967 and $7,500,000 for fiscal 1968 for provisions authorizing the appropriation of funds to enable the Surgeon General to aid in the development of measures for the local prevention, treatment, and control of tuberculosis.

Pub. L. 89–749Subsec. (c). substituted provisions for project grants for the development of improved or more effective comprehensive health planning throughout the United States and the authorization of appropriations of $1,500,000 for fiscal 1967 and $2,500,000 for fiscal 1968 for provisions authorizing the Surgeon General to assist, through grants and otherwise, in the establishment and maintenance of adequate public health services by States, counties, health districts, and other political subdivisions, authorizing appropriations therefor, and covering the allotment, payment, and allocation of appropriated funds.

Pub. L. 89–749Subsec. (d). substituted provisions authorizing grants by the Surgeon General to State health or mental health authorities to assist in establishing and maintaining adequate public health services, setting out the requirements for an acceptable State plan for the supplying of public health services, authorizing an appropriation of $62,500,000 for fiscal 1968, the allotment of appropriated funds, payments to States, and the determination of the Federal share for provisions covering the allotment of appropriated funds among the several States on the basis of population, incidence of venereal disease, tuberculosis, mental health problems, and the financial needs of the various States.

Pub. L. 89–749Subsec. (e). substituted provisions for project grants for health services development to public or private nonprofit agencies and for the authorization of an appropriation of $62,500,000 for fiscal 1968 for provisions covering the establishment and maintenance of community programs of heart disease control and the allotments and appropriations therefor.

Pub. L. 89–749Subsec. (f). substituted provisions covering the interchange of personnel with States, the application of statutes covering Federal employees to interchanged personnel, and the coverage of State officers and employees, for provisions for the determination and certification of amounts paid to each State from allotments thereto.

Pub. L. 89–749Subsec. (g). substituted provisions for consultation with State health planning agencies concerning regulations and amendments with respect to grants to States, the reduction of payments, cessation of payments for non-compliance, and definitions, for provisions limiting the expending of grant funds for purposes specified by statute and by the agency, organization, or institution to which payment was made.

Pub. L. 89–749Subsecs. (h) to (m). struck out subsecs. (h) to (m) which dealt, respectively, with requirement that State funds be provided for same purpose as that for which allotted funds are spent, cessation of Federal aid and procedures in connection therewith, promulgation of rules and regulations and consultation with State health authorities precedent thereto, availability of appropriated funds for administrative expenses including printing and travel expenses, applicability of section to Guam and Samoa, and reduction of payments commensurate to expense of detailing of Public Health Service personnel to States.

Pub. L. 89–109June 30, 1961June 30, 19611965—Subsec. (c). substituted “first six fiscal years ending after ” for “first five fiscal years ending after ” and “$5,000,000” for “$2,500,000”.

lPub. L. 87–6881962—Subsec. (). inserted “and American Samoa”, “or American Samoa”, and “or American Samoa, respectively” after “Guam”.

Pub. L. 87–395, § 2(a)June 30, 19611961—Subsec. (c). –(c), substituted “of the first five fiscal years ending after , the sum of $50,000,000” for “fiscal year a sum not to exceed $30,000,000”, “such amount as may be necessary” for “an amount, not to exceed $3,000,000”, “$2,500,000” for “$1,000,000”, and provided that when an appropriating act provides that the amounts it specifies are available only for allotments and payments for such services and activities under this subsection as specified in such act, the requirements of subsec. (h) shall apply to such allotments and payments.

Pub. L. 87–395, § 2(d)Subsec. (m). , added subsec. (m).

Pub. L. 85–5441958—Subsec. (c). designated existing provisions of second sentence as cl. (1) and added cl. (2).

lAug. 1, 1956l1956—Subsec. (). Act , added subsec. ().

June 16, 19481948—Subsec. (e). Act , § 5(a), added subsec. (e) to provide for community programs of heart disease control. Former subsec. (e) redesignated (f).

June 16, 1948Subsec. (f). Act , § 5(a), (b), redesignated former subsec. (e) as (f) and inserted proviso relating to determination and certification of amounts to be paid under subsec. (e). Former subsec. (f) redesignated (g).

June 16, 1948Subsec. (g). Act , § 5(a), (c), redesignated former subsec. (f) as (g) and brought subsecs. (e) and (f)(1) within the provisions of this subsection. Former subsec. (g) redesignated (h).

June 16, 1948Subsec. (h). Act , § 5(a), (d), redesignated former subsec. (g) as (h) and made subsection applicable to agencies, institutions or other organizations specified in subsec. (f)(1). Former subsec. (h) redesignated (i).

June 16, 1948Subsec. (i). Act , § 5(a), (e), redesignated former subsec. (h) as (i), made subsection applicable to subsec. (e), and made technical changes as a result of the renumbering of subsections. Former subsec. (i) redesignated (j).

June 16, 1948Subsecs. (j), (k). Act , § 5(a), redesignated former subsecs. (i) and (j) as (j) and (k), respectively.

July 3, 19461946—Subsec. (c). Act , increased annual appropriation from $20,000,000 to $30,000,000, and increased annual amount available to provide demonstrations and to train personnel for State and local health work from $2,000,000 to $3,000,000.

July 3, 1946Subsec. (d). Act , provided that Surgeon General shall give special consideration to the extent of the mental health problem as well as other special problems.

July 3, 1946Subsecs. (f), (h), (i). Act , provided that in matters relating to work in field of mental health Surgeon General shall deal with State mental health authorities where they differ from general health authorities.

Statutory Notes and Related Subsidiaries

Change of Name

section 509(b) of Pub. L. 96–88 section 3508(b) of Title 20“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to , which is classified to , Education.

Effective Date of 1981 Amendment

Pub. L. 97–35Oct. 1, 1981section 902(h) of Pub. L. 97–35lAmendment by effective , see , set out as a note under section 238 of this title.

Effective Date of 1980 Amendment

Section 107(d) of Pub. L. 96–398Sept. 30, 1981 provided that the amendment made by that section is effective . See Repeals note below.

Effective Date of 1979 Amendment

Pub. L. 96–79Oct. 4, 1979section 129(a) of Pub. L. 96–79Amendment by effective one year after , see .

Effective Date of 1978 Amendments

Pub. L. 95–626, title II, § 201(b)(2)Nov. 10, 197892 Stat. 3570 Oct. 1, 1979, , , provided that the amendment made by section is effective .

Pub. L. 91–648, title IV, § 403(b)Pub. L. 95–454, title VI, § 602(c)Oct. 13, 197892 Stat. 1189 Oct. 13, 1978, as added by , , , provided that the repeal of subsec. (f) of this section (as applicable to commissioned officers of the Public Health Service) is effective beginning on the effective date of the Civil Service Reform Act of 1978, i.e., 90 days after .

Effective Date of 1975 Amendment

Pub. L. 94–63, title I, § 102July 29, 197589 Stat. 304 June 30, 1975, , , provided that the amendment made by that section is effective with respect to grants made under subsec. (d) of this section from appropriations under such subsection for fiscal years beginning after .

section 501(b) of Pub. L. 94–63July 1, 1975section 608 of Pub. L. 94–63 section 247b of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1971 Amendment

section 403(a) of Pub. L. 91–648 Pub. L. 94–454, § 602(c)Jan. 5, 1971section 404 of Pub. L. 91–648 section 3371 of Title 5Repeal of subsec. (f) of this section (less applicability to commissioned officers of the Public Health Service) by , as amended by , effective sixty days after , see , set out as an Effective Date note under , Government Organization and Employees.

Effective Date of 1970 Amendments

Pub. L. 91–515, title II, § 260(c)(2)Oct. 30, 197084 Stat. 1306

42 U.S.C. 246(e)Oct. 30, 1970“The amendment made by paragraph (1) [amending this section] shall be effective with respect to grants under section 314(c) of the Public Health Service Act [] which are made after the date of enactment of this Act [.]”

, , , provided that:

Pub. L. 91–296, title IV, § 401(b)(1)June 30, 197084 Stat. 352 June 30, 1970, , , provided that the amendment made by that section is effective with respect to appropriations for fiscal years beginning after .

Effective Date of 1967 Amendment

Pub. L. 90–174, § 2(d)(2)Dec. 5, 196781 Stat. 534 July 1, 1968, (f), , , provided that the amendments made by that section are effective .

Pub. L. 90–174, § 3(b)Dec. 5, 196781 Stat. 535 section 291n of this title section 242b of this titleJune 30, 1967, , , provided that the amendment of this section, the repeal of , and the enactment of provisions set out as a note under by such section 3(b) is effective with respect to appropriations for fiscal years ending after .

Effective Date of 1966 Amendment

Pub. L. 89–749, § 6Nov. 3, 196680 Stat. 1190

July 1, 196642 U.S.C. 246July 1, 1967“The amendments made by section 3 [amending this section] shall become effective as of , except that the provisions of section 314 of the Public Health Service Act [] as in effect prior to the enactment of this Act shall be effective until , in lieu of the provisions of subsections (d) and (e), and the provisions of subsections (g) insofar as they relate to such subsections (d) and (e), of section 314 of the Public Health Service Act as amended by this Act.”

, , , provided in part that:

Effective Date of 1962 Amendment

Pub. L. 87–688, § 4(b)Sept. 25, 196276 Stat. 587

July 1, 1962“The amendments made by this section [amending this section and sections 291g, 291i, and 291t of this title] shall become effective .”

, , , provided that:

Effective and Termination Date of 1958 Amendment

Pub. L. 85–544, § 2July 22, 195872 Stat. 401

July 1, 1958July 1, 1959“The amendment made by the first section of this Act [amending this section] shall be applicable only to the fiscal years beginning , and .”

, , , provided that:

Effective Date of 1956 Amendment

Act Aug. 1, 1956, ch. 852, § 18 70 Stat. 910 July 1, 1956, , provided that the amendment made by that section is effective .

Repeals

Pub. L. 96–398, title I, § 107(d)Sept. 30, 1981section 902(e)(1) of Pub. L. 97–35Aug. 13, 198195 Stat. 560 Oct. 1, 1981The directory language of, but not the amendment made by, , cited as a credit to this section and set out as an Effective Date of 1980 Amendment note above, which provided for repeal of subsec. (g) of this section, effective , was repealed by , title IX, , , effective .

Transfer of Functions

section 4728(a)(3)(C) of this titleFunctions, powers, and duties of Secretary of Health and Human Services under subsecs. (a)(2)(F) and (d)(2)(F) of this section, insofar as relates to the prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see .

Year 2000 Health Objectives Planning

Pub. L. 101–582Nov. 15, 1990104 Stat. 2867 Pub. L. 102–531, title I, § 105Oct. 27, 1992106 Stat. 3474 , , , provided for grants for State plans regarding health objectives for year 2000, prior to repeal by , , .

Congressional Findings and Declaration

Pub. L. 95–626, title II, § 201(b)(1)Nov. 10, 197892 Stat. 3570

“The Congress finds and declares that—

“(A)

individual health status can be effectively and economically improved through an adequate investment in community public health programs and services;

“(B)

the Federal Government and the States and their communities share in the financial responsibility for funding public health programs;

“(C)

the Federal contribution to funds for public health programs should serve as an incentive to an additional investment by State and local governments;

“(D)

existing categorical programs of Federal financial assistance to combat specific public health problems should be supplemented by a national program of stable generic support for such public health activities as the prevention and control of environmental health hazards, prevention and control of diseases, prevention and control of health problems of particularly vulnerable population groups, and development and regulation of health care facilities and health services delivery systems; and

“(E)

the States and their communities, not the Federal Government, should have primary responsibility for identifying and measuring the impact of public health problems and the allocation of resources for their amelioration.”

, , , provided that:

Pub. L. 89–749, § 2Nov. 3, 196680 Stat. 1180

“(a)

The Congress declares that fulfillment of our national purpose depends on promoting and assuring the highest level of health attainable for every person, in an environment which contributes positively to healthful individual and family living; that attainment of this goal depends on an effective partnership, involving close intergovernmental collaboration, official and voluntary efforts, and participation of individuals and organizations; that Federal financial assistance must be directed to support the marshaling of all health resources—national, State, and local—to assure comprehensive health services of high quality for every person, but without interference with existing patterns of private professional practice of medicine, dentistry, and related healing arts.

“(b)

To carry out such purpose, and recognizing the changing character of health problems, the Congress finds that comprehensive planning for health services, health manpower, and health facilities is essential at every level of government; that desirable administration requires strengthening the leadership and capacities of State health agencies; and that support of health services provided people in their communities should be broadened and made more flexible.”

, , , provided that:

Act July 3, 1956, ch. 852, § 2 70 Stat. 908

“(a)

The Congress hereby finds and declares—

“(1)

that the latest information on the number and relevant characteristics of persons in the country suffering from heart disease, cancer, diabetes, arthritis and rheumatism, and other diseases, injuries, and handicapping conditions is now seriously out of date; and

“(2)

that periodic inventories providing reasonably current information on these matters are urgently needed for purposes such as (A) appraisal of the true state of health of our population (including both adults and children), (B) adequate planning of any programs to improve their health, (C) research in the field of chronic diseases, and (D) measurement of the numbers of persons in the working ages so disabled as to be unable to perform gainful work.

“(b)

section 201 of this title It is, therefore, the purpose of this Act [see Short Title of 1956 Amendment note set out under ] to provide (1) for a continuing survey and special studies to secure on a non-compulsory basis accurate and current statistical information on the amount, distribution, and effects of illness and disability in the United States and the services received for or because of such conditions; and (2) for studying methods and survey techniques for securing such statistical information, with a view toward their continuing improvement.”

, , provided that:

Limitation on Grants-in-Aid to Schools of Public Health

Pub. L. 85–544, § 2July 22, 195872 Stat. 401 July 1, 1958July 1, 1959section 2 of Pub. L. 86–720Sept. 8, 196074 Stat. 820 , , , which had limited the authority of the Surgeon General to make grants-in-aid totaling not to exceed $1,000,000 annually to schools of public health for fiscal year beginning , and , was repealed by , , .

Grants to States To Provide for Vaccination Against Poliomyelitis

act Aug. 12, 1955, ch. 863 69 Stat. 704 Feb. 15, 1956, ch. 39 70 Stat. 18 June 30, 1957The Poliomyelitis Vaccination Assistance Act of 1955, , , as amended , , authorized appropriations to remain available until close of and provided for allotments to States, State application for funds, payments to States, use of funds paid to States, furnishing of vaccine by Surgeon General, diversion of Federal funds, supervision over exercise of functions, and definitions.

Applicability of Reorganization Plan No. 3 of 1966

Pub. L. 89–749, § 7Nov. 3, 196680 Stat. 1190

42 U.S.C. 202“The provisions enacted by this Act [amending this section and sections 242g and 243 of this title] shall be subject to the provisions of Reorganization Plan No. 3 of 1966 [ note].”

, , , provided that:

Executive Documents

Transfer of Functions

section 3501 of this titleFunctions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under . Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.