Volume 69 · 705
Public Law 84–377
To provide grants to assist States to meet the cost of poliomyelitis vaccination programs, and for other purposes.
Approved August 12, 1955
Statutory text
AN ACT
To provide grants to assist States to meet the cost of poliomyelitis vaccination programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “Poliomyelitis Vaccination Assistance Act of 1955”.
Sec. 2. authorization of appropriations
There is hereby authorized to be appropriated, to remain available until February 15, 1956, such sums as may be necessary for making payments to States which have submitted, and had approved by the Surgeon General, applications for grants under this Act.
Sec. 3. allotments to states
From the sums appropriated pursuant to section 2, the Surgeon General shall allot to each State which has an application approved pursuant to section 4—
an amount equal to 33⅓ per centum of the number of unvaccinated eligible persons in such State multiplied by the product of (A) the cost of the poliomyelitis vaccine per eligible person, and (B) the States allotment percentage; and
an additional amount equal to 20 per centum of allotments available to the State under paragraph (1) of this subsection, such additional amount to be available for expenditure only in accordance with the provisions of section 6 (b) of this Act.
A State’s allotment percentage shall be equal to the per capita income of the United States divided by the per capita income of the State. Such percentage shall be determined by the Surgeon General on the basis of information furnished by the Department of Commerce; except that the allotment percentage for Hawaii shall be 100 per centum and for Alaska. Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Canal Zone shall be equal to the allotment percentage determined above for the one of the forty-eight States which has the lowest per capita income.
Sec. 4. state applications for funds
The Surgeon General shall approve the application of any State for payments under this Act if such application—
provides that all poliomyelitis vaccine purchased with funds paid to the State under this Act shall be used for the vaccination of eligible persons pursuant to a plan which sets forth the method or methods by which vaccinations will be made available within the State (through public agencies, approved non-profit organizations, private physicians, or otherwise): Provided, That the Surgeon General may, for the purpose of assuring the most effective and equitable distribution and use of available supplies of poliomyelitis vaccine, establish categories of eligible persons to be accorded priority in receiving an opportunity for vaccination against poliomyelitis; and, except to the extent that the Surgeon General authorizes deviations from such categories, during any period in which any categories have been so established, all vaccine acquired by any State through assistance provided pursuant to this Act shall be made available only to persons within any such category;
provides that in poliomyelitis vaccination programs conducted by public agencies in the State no means test or other discrimination based on financial ability of individuals will be imposed to limit the eligibility of persons to receive vaccination against poliomyelitis;
provides for administration or supervision of administration of the plan included in the application by a single State agency; _ _
provides that the State agency will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require to carry out his functions under this Act, and comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports; and
provides such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of the plan.
Sec. 5. payments to states
The Surgeon General shall from time to time estimate the amount to be paid to each State under the provisions of this Act for any period, and shall pay such amount to such State, from the allotment available therefor, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid to the State for any prior period under this Act was greater or less than the amount which should have been paid to the State for such prior period under this Act. Such payments shall be made in such installments as the Surgeon General may determine.
Sec. 6. use of funds paid to states
Funds paid to a State from that part, of its allotment computed in accordance with section 3 (a) (1) of this Act may be used solely for the purchase, prior to February 15, 1956, of the polio-myelitis vaccine for use. in carrying out the plan set forth in the application of such State approved pursuant to section 4.
Funds paid to a State from that part of its allotment computed in accordance with section 3 (a) (2) of this Act may be used prior to February 15, 1956, only for planning poliomyelitis vaccination programs within the State and for conducting such programs through public agencies in the State in accordance with the plan set forth in the application of such State approved pursuant to section 4; except that any part of such funds determined by the State to be in excess of the amount, necessary for such purposes may be used for the purposes specified in subsection (a) of this section.
Nothing in this Act shall limit funds granted to a State under other provisions of Federal legislation from being available to purchase poliomyelitis vaccine or to plan and conduct poliomyelitis vaccination programs in accordance with approved State plans applicable to such grants.
Sec. 7. furnishing of vaccine by surgeon general
At the request of any State the Surgeon General may use all or any portion of the allotment of such State under this Act for the purchase, in accordance with State specifications, of the poliomyelitis vaccine, to be furnished to the State in lieu of such State’s allotment (or such portion thereof). Vaccine so furnished shall be subject to the same requirements as to use as vaccine purchased from payments to States pursuant to this Act.
Sec. 8. diversion of federal funds
Whenever the Surgeon General, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the plan included in the application of such State approved under section 4, finds that—
such State agency is not complying substantially with the provisions of this Act or the terms and conditions of its approved application; or
any funds paid to such State or supplies of vaccine furnished to it under this Act have been diverted from the purposes for which paid or furnished;
the Surgeon General shall notify such State agency that no further payments will be made (or no further supplies of vaccine will be furnished) to the State under this Act until he is satisfied that there is no longer any failure to comply or the diversion has been corrected or, if compliance or correction is impossible, until such State agency repays or arranges for the repayment of Federal funds which have been diverted or improperly expended (or for repayment of the cost of the vaccine which has been diverted).
Sec. 9. exercise of functions
The functions granted to the Surgeon General under this Act shall be exercised under the supervision and direction of the Secretary of Health, Education, and Welfare.
Sec. 10. definitions
For purposes of this Act—
The term “Surgeon General” means the Surgeon General of the Public Health Service.
The term “eligible person” means any individual who has not attained the age of twenty years and any expectant, mother.
The number of eligible persons shall be determined by the Surgeon General, as of June 30, 1955, on the basis of estimates developed after consideration of the latest information furnished by the Department of Commerce or any other department or agency of the United States.
The number of unvaccinated eligible persons means the number of eligible persons, reduced by (A) the number who were vaccinated against poliomyelitis during 1954, and (B) two-thirds of the number who the Surgeon General estimates will receive vaccination under the current program of the National Foundation for Infantile Paralysis.
The term “State” includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the District of Columbia.
The cost of the poliomyelitis vaccine shall be determined by the Surgeon General on the basis of information available to him: and such cost may be determined from t ime to time or as of a specified date and may be determined to be a single figure for all States or varied in accordance with actual cost.
The term “approved nonprofit organization” means, in the case of any State, a nonprofit organization approved by the State agency responsible for administration or supervision of administration of the State plan.
Approved August 12, 1955.