Page images
PDF
EPUB

authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending June 30, 1969, 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. Subsec. (c). Pub. L. 90-174, § 2(c), extended period for making grants to public or nonprofit private organizations from June 30, 1968, to June 30, 1970, and authorized appropriations of $5,000,000 and $7,500,000 for fiscal years ending June 30, 1969, and 1970, respectively.

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

Subsec. (d) (5). Pub. L. 90-174, § 2(d)(2), made the Federal share of 663 per centum applicable to the Trust Territory of the Pacific Islands.

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

Subsec. (e). Pub. L. 90-174, §§ 2(e), 3(b) (2), 8(b), increased appropriations authorization for fiscal year ending June 30, 1968, from $62,500,000 to $90,000,000, authorized appropriations of $95,000,000 and $80,000,000 for fiscal years ending June 30, 1969, and 1970, respectively, inserted "(including related training)" after "providing services" in cl. (1), substituted "developing" for "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 June 30, 1968. Subsec. (f) (5). Pub. L. 90–174, § 12(d) (1), inserted "for" before "the expenses of travel".

Subsec. (f) (6), (8). Pub. L. 90-174, § 12(d) (2), substituted "Department" for "Service" in pars. (6) and (8). Subsec. (g) (4) (B). Pub. L. 90-174, § 2(f), defined "State" to include the Trust Territory of the Pacific Islands.

1966 Subsec. (a). Pub. L. 89-749 substituted 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.

Subsec. (b). Pub. L. 89-749 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 ald in the development of measures for the local prevention, treatment, and control of tuberculosis.

Subsec. (c). Pub. L. 89-749 substituted provisions for project grants for the development of improved or more effective comprehensive health planning throughout the United States and the authorization of 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.

Subsec. (d). Pub. L. 89-749 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.

Subsec. (e). Pub. L. 89-749 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.

Subsec. (f). Pub. L. 89-749 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.

Subsec. (g). Pub. L. 89-749 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.

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

1965- Subsec. (c). Pub. L. 89-109 substituted "Arst six fiscal years ending after June 30, 1961" for "first five fiscal years ending after June 30, 1961" and "$5,000,000** "$2,500,000".

1962 Subsec. (1). Pub. L. 87-688 inserted "and American Samoa", "or American Samoa", and "or American Samoa, respectively" following "Guam.”

1961-Subsec. (c). Pub. L. 87-395, § 2(a)-(c), substituted "of the first five fiscal years ending after June 30, 1961, the sum of $50,000,000" for "fiscal year a sum not to 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.

Subsec. (m). Pub. L. 87-395, § 2(d), added subsec. (m). 1958 Subsecs. (c). Pub. L. 85-544 designated existing provisions of second sentence as clause (1) and added clause (2).

1956 Subsec. (1). Act Aug. 1, 1956, added subsec. (1). 1948 Subsec. (e). Act June 16, 1948, § 5(a), added subsec. (e) to provide for community programs of heart disease control. Former subsec. (e) redesignated (f).

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

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

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

Subsec. (1). Act June 16, 1948, § 5(a), (e), redesignated former subsec. (h) as (1), made the subsection applicable to subsec. (e), and made technical changes as a result of the renumbering of subsections. Former subsec. (1) redesignated (j).

Subsec. (j). Act June 16, 1948, § 5(a), redesignated former subsec. (1) as (j). Former subsec. (1) redesignated (k).

Subsec. (k). Act June 16, 1948, § 5(a), redesignated former subsec. (j) as (k).

1946 Subsec. (c). Act July 3, 1946, increased the annual appropriation from $20,000,000 to $30,000,000, and increased the annual amount available to provide demonstrations and to train personnel for State and local health work from $2,000,000 to $3,000,000.

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

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

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

Subsec. (1). Act July 3, 1946, provided that in matters relating to work in the field of mental health the Surgeon General shall deal with the State mental health authorities where they differ from the general health authorities. EFFECTIVE DATE OF 1970 AMENDMENTS

Section 260 (c) (2) of Pub. L. 91-515 provided that: **The amendment made by paragraph (1) [amending subsec. (e) of this section to require review of grant applications] shall be effective with respect to grants under section 314(c) of the Public Health Service Act [subsec. (e) of this section] which are made after the date of enactment of this Act [Oct. 30, 1970]."

Section 401 (b)(1) of Pub. L. 91-296 provided, in part, that the amendment by section 401(b)(1)(C), (D) of Pub. L. 91-296 [amending subsecs. (d) (1) and (e) of this section] shall be effective with respect to appropriations for fiscal years beginning after June 30, 1970.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 2(d) (2), (f) of Pub. L. 90-174 provided in part that amendment of subsecs. (d) (5) and (g)(4) (B) of this section by such section 2(d) (2), (f), shall be effective July 1, 1968.

Section 3(b) of Pub. L. 90-174 provided in part that the amendment of subsec. (e) of this section, repeal of section 291n of this title, and enactment of provisions set out as a note under section 242b of this title by such section 3(b) shall be effective with respect to appropriations for fiscal years ending after June 30, 1967.

EFFECTIVE DATE OF 1966 AMENDMENT Section 6 of Pub. L. 89-749 provided in part that: "The amendments made by section 3 [amending this section] shall become effective as of July 1, 1966, except that the provisions of section 314 of the Public Health Service Act [this section] as in effect prior to the enactment of this Act shall be effective until July 1, 1967, 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 [this section] as amended by this Act."

EFFECTIVE Date of 1962 AMENDMENT

Section 4(b) of Pub. L. 87-688 provided that: "The amendments made by this section [to subsec. (1) of this section and sections 291g, 2911, and 291t of this title] shall become effective July 1, 1962."

EFFECTIVE AND TERMINATION DATE OF 1958 AMENDMENT Section 2 of Pub. L. 85-544 provided that: "The amendment made by the first section of this Act [amending 47-500 0-71-vol. 97

subsec. (c) of this section] shall be applicable only to the fiscal years beginning July 1, 1958, and July 1, 1959."

EFFECTIVE DATE OF 1956 AMENDMENT Section 18 of act Aug. 1, 1956, provided in part that subsec. (1) shall be effective July 1, 1956.

SHORT TITLE

Section 1 of Pub. L. 90-174 provided: "That this Act [which enacted sections 217b, 254a, 263a, and 291m-1 of this title, amended subsecs. (a) (1), (2), (4), (b), (c), (d) (1), (5), (7), (e), (f) (5), (6), (8), and (g) (4) (B) of this section and sections 241 (h), 242b, 242(g) (c), 243, 244, 249 (a) (7), 251, 293e (a), 295h-4(1) (A) (ii), and 296e (c) (1) of this title, repealed section 291n of this title, and enacted provisions set out as notes under this section and sections 201, 242b, 242c, 263a, and 296(e) of this title may be cited as the 'Partnership for Health Amendments of 1967'."

Section 1 of Pub. L. 89-749 provided: "That this Act [amending this section and sections 242g and 243 of this title, repealing sections 247a and 247c of this title, and enacting provisions set out as notes under this section and sections 242g and 243 of this title] may be cited as the 'Comprehensive Health Planning and Public Health Services Amendments of 1966'."

Section 1 of Pub. L. 87-395 provided: "That this Act [which is classified to sections 246(c), (m), 247a, 289c note, 2911 (n), 291n (a), (b), 291s (4), 291s note, 291t, 291w, 292c, 292d (a), (c)(2), (e), 292e (a), 292f and 292g of this title] may be cited as the 'Community Health Services and Facilities Act of 1961'."

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of Health, Education, and Welfare under subsecs. (a) (2) (F) and (d) (2) (F) of this section transferred to United States Civil Service Commission, see section 4728 (a) (3) (C) of this title.

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

LIMITATION ON GRANTS-IN-AID TO SCHOOLS OF PUBLIC

HEALTH

Section 2 of Pub. L. 85-544, 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 years beginning July 1, 1958, and July 1, 1959, was repealed by section 2 of Pub. L. 86-720, Sept. 8, 1960, 74 Stat. 820.

GRANTS TO STATES TO PROVIDE FOR VACCINATION AGAINST POLIOMYELITIS

The Poliomyelitis Vaccination Assistance Act of 1955, act Aug. 12, 1955, ch. 863, 69 Stat. 704, as amended Feb. 15, 1956, ch. 39, 70 Stat. 18, authorized appropriations to remain available until close of June 30, 1957 and 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.

CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE Section 2 of Pub. L. 89-749 provided that:

"(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."

APPLICABILITY OF REORG. PLAN No. 3 OF 1966

Section 7 of Pub. L. 89-749 provided that: "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 [set out as a note under section 202 of this title]."

DEFINITION OF "SECRETARY"

Term "Secretary" used in subsecs. (d) (1) and (e) of this section as meaning the Secretary of Health, Education, and Welfare, see section 15 of Pub. L. 90-174, set out as a note under section 201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2421, 242j, 243, 247a, 254b, 291e, 18571 of this title.

§ 246a. Bureau of State Services management fund; establishment; advancements; availability.

For the purpose of facilitating the economical and efficient conduct of operations in the Bureau of State Services which are financed by two or more appropriations where the costs of operation are not readily susceptible of distribution as charges to such appropriations, there is established the Bureau of State Services management fund. Such amounts as the Secretary may determine to represent a reasonable distribution of estimated costs among the various appropriations involved may be advanced each year to this fund and shall be available for expenditure for such costs under such regulations as may be prescribed by the Secretary: Provided, That funds advanced to this fund shall be available only in the fiscal year in which they are advanced: Provided further, That final adjustments of advances in accordance with actual costs shall be effected wherever practicable with the appropriations from which such funds are advanced. (Pub. L. 86-703, title II, § 201, Sept. 2, 1960, 74 Stat. 765; Pub. L. 91-515, title II, § 282, Oct. 30, 1970, 84 Stat. 1308.)

CODIFICATION

Section was not enacted as part of the Public Health Service Act which comprises this chapter.

AMENDMENTS

1970-Pub. L. 91-515 substituted "Secretary" for "Surgeon General" wherever appearing therein.

§ 247. Publication of health educational information. From time to time the Secretary shall issue information related to public health, in the form of publications or otherwise, for the use of the public, and shall publish weekly reports of health conditions in the United States and other countries and other pertinent health information for the use of persons and institutions engaged in work related to the functions of the Service. (July 1, 1944, ch. 373, title III, § 315, 58 Stat. 695; Oct. 30, 1970, Pub. L. 91-515, *itle II, § 282, 84 Stat. 1308.)

AMENDMENT

1970-Pub. L. 91-515 substituted "Secretary" for "Surgeon General".

§ 247a. National Advisory Council on Comprehensive Health Planning Programs.

(a) Establishment; composition; Chairman; qualifications of members.

The Secretary shall appoint, without regard to the civil service laws, a National Advisory Council on Comprehensive Health Planning Programs. The Council shall consist of the Secretary or his designee, who shall be the chairman, and sixteen members, not otherwise in the regular full-time employ of the United States, who are (1) leaders in the fields of the fundamental sciences, the medical sciences, or the organization, delivery, and financing of health care, (2) officials in State and areawide health planning agencies, (3) leaders in health care administration, or State or community or other public affairs, who are State or local officials, or (4) representatives of consumers of health care. At least six of the appointed members shall be individuals representing the consumers of health care, one shall be an official of a State health planning agency, one shall be an official of an areawide health planning agency, and one shall be a member of the National Advisory Council on Regional Medical Programs.

(b) Terms of office; vacancies; reappointment.

Each appointed member of the Council shall hold office for a term of four years, except that any member appointed to fill a vacancy prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and except that the terms of office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, four at the end of the first year, four at the end of the second year, four at the end of the third year, and four at the end of the fourth year after the date of appointment. An appointed member shall not be eligible to serve continuously for more than two terms.

(c) Compensation; travel expenses.

Appointed members of the Council, while attending meetings or conferences thereof or otherwise serving on the business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary, but at rates not exceeding the daily equivalent of the rate specified at the time of service for GS-18 of the general schedule, including traveltime, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of Title 5 for persons in the Government service employed intermittently.

(d) Functions of Council.

The Council shall advise and assist the Secretary in the preparation of general regulations for, and as to policy matters arising with respect to, the administration of section 246 of this title, with increased emphasis on cooperation in the coordination of programs thereunder with the National Advisory Council on Regional Medical Programs, with particular attention to the relationship between the

improved organization and delivery of health services and the financing of such services; and shall, in carrying out such functions, review, not less often than annually, the grants made under section 246 of this title to determine their effectiveness in carrying out its purposes. (July 1, 1944, ch. 373, title III, § 316, as added Oct. 30, 1970, Pub. L. 91-515, title II, § 281, 84 Stat. 1307.)

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a), are classified generally to Title 5, Government Organization and Employees.

The general schedule, referred to in subsec. (c), is classified to section 5332 of Title 5.

PRIOR PROVISIONS

A prior section 247a, act July 1, 1944, ch. 373, title III, $316, as added Oct. 5, 1961, Pub. L. 87-395, § 2(e), 75 Stat. 824, and amended Aug. 5, 1965, Pub. L. 89–109, § 5, 79 Stat. 437, relating to grants for improving community health services, was repealed by Pub. L. 89-749, § 6, Nov. 3, 1966, 80 Stat. 1190, eff. July 1, 1947.

§ 247b. Communicable disease control and vaccination

assistance.

(a) Authorization of appropriations; programs and projects.

(a) There are hereby authorized to be appropriated $75,000,000 for the fiscal year ending June 30, 1971, and $90,000,000 for the fiscal year ending June 30, 1972, to enable the Secretary to make grants to States and, with the approval of the State health authority, to political subdivisions or instrumentalities of the States under this subsection. In the award of such grants the Secretary shall give consideration to the relative extent of the problems relating to one or more of the diseases referred to in subsection (b) (1) of this section and to the levels of performance in preventing and controlling such diseases. Such grants may be used for meeting the cost of communicable disease control programs, including the cost of studies to determine the communicable disease control needs of communities and the means of best meeting such needs.

(b) Definitions.

For the purposes of this subsection—

(1) a "communicable disease control program” means a program which is designed and conducted so as to contribute to national protection against tuberculosis, venereal disease, rubella, measles, Rh disease, pollomyelitis, diphtheria, tetanus, whooping cough or other communicable diseases which are transmitted from State to State, are amenable to reduction, and which are determined by the Secretary on the recommendation of the National Advisory Health Council to be of national significance, and

(2) the term "State" includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the District of Columbia.

(c) Method of payment.

Payments under this section may be made in advance on the basis of estimates or by way of reimbursement, with necessary adjustments on account of underpayments, or overpayments, in such installments and on such terms and conditions as the Sec

retary finds necessary to carry out the purposes of this section.

(d) Grant reduction.

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 (including vaccines and other preventive agents), or equipment furnished to such recipient and by the amount of the pay, allowances, traveling expenses, and any other costs in connection with the detail of an officer or employee to the recipient when the furnishing of such supplies or equipment, or of the detail of such officer or employee (as the case may be), 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, but such amount shall be deemed a part of the grant to such recipient and shall, for the purposes of subsection (c) of this section, be deemed to have been paid to such agency. (e) Use of funds.

Nothing in this section shall limit or otherwise restrict the use of funds which are granted to a State or to a political subdivision of a State under other provisions of this chapter or other Federal law and which are available for the conduct of communicable disease control programs from being used in connection with programs assisted through grants under this section.

(f) Annual report.

The Secretary shall submit an annual report to the President for submission to the Congress on the effectiveness of activities assisted under this section in preventing and controlling communicable diseases. (g) Vaccination; consent of individuals.

Nothing in this section shall be construed to require any State or any political subdivision or instrumentality of a State to have a communicable disease control or vaccination program which would require any person who objects to such treatment to be treated, or to have any child or ward of his treated. (July 1, 1944, ch. 373, title III, § 317, as added Oct. 23, 1962, Pub. L. 87-868, § 2, 76 Stat. 1155, and amended Aug. 5, 1965, Pub. L. 89-109, § 2, 79 Stat. 435; Oct. 16, 1970, Pub. L. 91-464, § 2, 84 Stat. 988.) AMENDMENTS

1970 Subsec. (a). Pub. L. 91-464 authorized appropriation of $75,000,000 for the fiscal year ending June 30, 1971, and $90,000,000 for the fiscal year ending June 30, 1972, and made the award of the grants dependent upon the extent of the communicable disease and the success of the programs and permitted the use of the grants for meeting the cost of programs and studies to control the communicable diseases and eliminated reference to purchase of vaccines and the use of grants for salaries and expenses of personnel and to the 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 omitted

provisions relating to the purchasing and furnishing of vaccines and the requirement of obtaining assurances from the recipients of grants.

Subsec. (d). Pub. L. 91-464 substituted reference to Secretary for reference to Surgeon General and omitted reference to Public Health Service.

Subsec. (e). Pub. L. 91-464 eliminated 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) and (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 instances.

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).

SHORT TITLE OF 1970 AMENDMENT

Section 1 of Pub. L. 91-464 provided: "That this Act [amending this section] may be cited as the 'Communicable Disease Control Amendments of 1970'."

SHORT TITLE

Section 1 of Pub. L. 87-868 provided that Pub. L. 87-868, which enacted this section, may be cited as the "Vaccination Assistance Act of 1962."

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out as a note under section 202 of this title.

§ 247c. Repealed. Pub. L. 89-749, § 6, Nov. 3, 1966, 80 Stat. 1190

Section, 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.

EFFECTIVE DATE OF REPEAL

Repeal of section effective July 1, 1967, see section 6 of Pub. L. 89-749, set out as a note under section 247a of this title.

PART C.-HOSPITALS, MEDICAL EXAMINATIONS, AND MEDICAL CARE

§ 248. Control and management of hospitals; furnishing prosthetic and orthopedic devices; transfer of patients; disposal of articles produced by patients; disposal of money and effects of deceased patients; payment of burial expenses.

The Surgeon General, pursuant to regulations, shall

(a) Control, manage, and operate all institutions, hospitals, and stations of the Service, including minor repairs and maintenance, and provide for the

care, treatment, and hospitalization of patients, including the furnishing of prosthetic and orthopedic devices, and tobacco; and from time to time, with the approval of the President, select suitable sites for and establish such additional institutions, hospitals, and stations in the States and possessions of the United States as in his judgment are necessary to enable the Service to discharge its functions and duties;

(b) Provide for the transfer of Public Health Service patients, in the care of attendants where necessary, between hospitals and stations operated by the Service or between such hospitals and stations and other hospitals and stations in which Public Health Service patients may be received, and the payment of expenses of such transfer;

(c) Provide for the disposal of articles produced by patients in the course of their curative treatment, either by allowing the patient to retain such articles or by selling them and depositing the money received therefor to the credit of the appropriation from which the materials for making the articles were purchased;

(d) Provide for the disposal of money and effects, in the custody of the hospitals or stations, of deceased patients; and

(e) Provide, to the extent the Surgeon General determines that other public or private funds are not available therefor, for the payment of expenses of preparing and transporting the remains of, or the payment of reasonable burial expenses for, any patient dying in a hospital or station. (July 1, 1944, ch. 373, title III, § 321, 58 Stat. 695; June 25, 1948, ch. 654, § 2, 62 Stat. 1017.)

AMENDMENTS

1948-Subsec. (a). Act June 25, 1948, § 2(a), continued the authority of the Service to furnish tobacco to patients being treated by it.

Subsec. (e). Act June 25, 1948, § 2(b), added subsec. (e) to provide authority to pay certain burial expenses.

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out as a note under section 202 of this title.

DELEGATION OF FUNCTIONS Functions of the President delegated to the Secretary of Health, Education, and Welfare, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, set out as a note under section 202 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 260a of this title. SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 24-614 of the District of Columbia Code.

§ 249. Medical care and treatment of seamen and certain other persons; foreign seamen; certain quarantined persons; temporary treatment in emergency cases; authorization for outside treatment. (a) The following persons shall be entitled, in accordance with regulations, to medical, surgical, and dental treatment and hospitalization without charge at hospitals and other stations of the Service:

« PreviousContinue »