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Title 42 — The Public Health and Welfare

Part B · Chapter 6A — Public Health Service

§ 243. General grant of authority for cooperation

Statutory text

(a)

Enforcement of quarantine regulations; prevention of communicable diseases

The Secretary is authorized to accept from State and local authorities any assistance in the enforcement of quarantine regulations made pursuant to this chapter which such authorities may be able and willing to provide. The Secretary shall also assist States and their political subdivisions in the prevention and suppression of communicable diseases and with respect to other public health matters, shall cooperate with and aid State and local authorities in the enforcement of their quarantine and other health regulations, and shall advise the several States on matters relating to the preservation and improvement of the public health.

(b)

Comprehensive and continuing planning; training of personnel for State and local health work; fees

The Secretary shall encourage cooperative activities between the States with respect to comprehensive and continuing planning as to their current and future health needs, the establishment and maintenance of adequate public health services, and otherwise carrying out public health activities. The Secretary is also authorized to train personnel for State and local health work. The Secretary may charge only private entities reasonable fees for the training of their personnel under the preceding sentence.

(c)

Development of plan to control epidemics and meet emergencies or problems resulting from disasters; cooperative planning; temporary assistance; reimbursement of United States

(1)

The Secretary is authorized to develop (and may take such action as may be necessary to implement) a plan under which personnel, equipment, medical supplies, and other resources of the Service and other agencies under the jurisdiction of the Secretary may be effectively used to control epidemics of any disease or condition and to meet other health emergencies or problems. The Secretary may enter into agreements providing for the cooperative planning between the Service and public and private community health programs and agencies to cope with health problems (including epidemics and health emergencies).

(2)

The Secretary may, at the request of the appropriate State or local authority, extend temporary (not in excess of six months) assistance to States or localities in meeting health emergencies of such a nature as to warrant Federal assistance. The Secretary may require such reimbursement of the United States for assistance provided under this paragraph as he may determine to be reasonable under the circumstances. Any reimbursement so paid shall be credited to the applicable appropriation for the Service for the year in which such reimbursement is received.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 78–373 · 58 Stat. 682

    Enacted · 42 U.S.C. § 243

    July 1, 1944, ch. 373, title III, § 311, 58 Stat. 693

    Source evidence

    Code source credit
    July 1, 1944, ch. 373, title III, § 311, 58 Stat. 693

  2. Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 5 · 80 Stat. 1179

    1. Amended · 42 U.S.C. § 243

      Pub. L. 89–749 designated existing provisions as subsec. (a)

    2. Added · 42 U.S.C. § 243

      Pub. L. 89–749 added subsec. (b)

    3. Amended · 42 U.S.C. § 243

      Pub. L. 89–749 amended subsec. (b) to permit Surgeon General to train personnel for State and local health work

    Source evidence

    Code amendment note
    Pub. L. 89–749 designated existing provisions as subsec. (a), added subsec. (b), and amended subsec. (b) to permit Surgeon General to train personnel for State and local health work.

    Enacted provision · exact public law section
    Sec. 5. continuation of authorization for training of personnel for state and local health work ; cooperation between the states (a) Effective July 1, 1966, section 311 of the Public Health Service Act is amended by inserting “(a)” after “311.” and by adding at the end of such section the following new subsection: “(b) The Surgeon General shall encourage cooperative activities between the States with respect to comprehensive and continuing planning as to their current and future health needs, the establishment and maintenance of adequate public health services, and otherwise carrying out the purposes of section 314.” (b) Effective July 1, 1967, section 311 of the Public Health Service Act is further amended by adding at the end of subsection (b) thereof the following new sentence: “The Surgeon General is also authorized to train personnel for State and local health work.”

  3. Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 4 · 81 Stat. 533

    Added · 42 U.S.C. § 243(c)

    Pub. L. 90–174 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 90–174 added subsec. (c).

    Enacted provision · exact public law section
    Sec. 4. cooperation with states in emergencies Section 311 of the Public Health Service Act (42 U.S.C. 58 Stat. 693; 80 Stat. 1190. 243) is amended by inserting at the end thereof the following new subsection: “(c) The Secretary may enter into agreements providing for cooperative planning between Public Health Service medical facilities and community health facilities to cope with health problems resulting from disasters, and for participation by Public Health Service medical facilities in carrying out such planning. He may also, at the request of the appropriate State or local authority, extend temporary (not in excess of forty-five days) assistance to States or localities in meeting health emergencies of such a nature as to warrant Federal assistance. Reimbursement of U.S. The Secretary may require such reimbursement of the United States for aid (other than planning) under the preceding sentences of this subsection as he may determine to be reasonable under the circumstances. Any reimbursement so paid shall be credited to the applicable appropriation of the Public Health Service for the year in which such reimbursement is received.”

  4. Pub. L. 91–515 title II § 282 · 84 Stat. 1297

    Substituted · 42 U.S.C. § 243(a); 42 U.S.C. § 243(b)

    Pub. L. 91–515 substituted “Secretary” for “Surgeon General” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 91–515 substituted “Secretary” for “Surgeon General” wherever appearing.

    Enacted provision · exact public law section
    Sec. 282. Part B of title III of the Public Health Service Act is amended by striking out “Surgeon General” each place it appears and inserting in lieu thereof “Secretary”.

  5. Disease Control Amendments of 1976

    Pub. L. 94–317 § 202(c) · 90 Stat. 695

    Inserted · 42 U.S.C. § 243(b)

    Pub. L. 94–317, § 202(c), inserted provision authorizing Secretary to charge only private entities reasonable fees for training of their personnel

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–317, § 202(c), inserted provision authorizing Secretary to charge only private entities reasonable fees for training of their personnel.

    Enacted provision · exact public law section
    (c) Section 311(b) of such Act is amended by inserting at the end thereof the following new sentence: “The Secretary may charge only private entities reasonable fees for the training of their personnel under the preceding sentence.”.

  6. Disease Control Amendments of 1976

    Pub. L. 94–317 § 202(b) · 90 Stat. 695

    Inserted · 42 U.S.C. § 243(c)

    Pub. L. 94–317, § 202(b), made changes in phraseology and restructured provisions into pars. (1) and (2) and, in par. (1), as so restructured, inserted provisions authorizing Secretary to develop a plan utilizing Public Health Service personnel, equipment, medical supplies and other resources to control epidemics of any disease referred to in section 247b of this title

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–317, § 202(b), made changes in phraseology and restructured provisions into pars. (1) and (2) and, in par. (1), as so restructured, inserted provisions authorizing Secretary to develop a plan utilizing Public Health Service personnel, equipment, medical supplies and other resources to control epidemics of any disease referred to in section 247b of this title.

    Enacted provision · exact public law section
    (b) Section 311(c) of the Public Health Service Act is amended 42 USC 243. to read as follows: “(e) (1) The Secretary is authorized to develop (and may take such action as may be necessary to implement) a plan under which personnel, equipment, medical supplies, and other resources of the Service and other agencies under the jurisdiction of the Secretary may be effectively used to control epidemics of any disease or condition referred to in section 317(f) and to meet other health emergencies or 42 USC 247b. problems involving or resulting from disasters or any such disease. The Secretary may enter into agreements providing for the cooperative planning between the Service and public and private community health programs and agencies to cope with health problems (including epidemics and health emergencies) resulting from disasters or any disease or condition referred to in section 317(f). “(2) The Secretary may, at the request of the appropriate State Federal assistance. or local authority, extend temporary (not in excess of forty-five days) assistance to States or localities in meeting health emergencies of such a nature as to warrant Federal assistance. The Secretary may require such reimbursement of the United States for assistance provided under this paragraph as he may determine to be reasonable under the circumstances. Any reimbursement so paid shall be credited to the applicable appropriation for the Service for the year in which such reimbursement is received.”.

  7. Pub. L. 97–35 § 902(c)(1) · 95 Stat. 357

    1. Inserted · 42 U.S.C. § 243(a)

      Pub. L. 97–35, § 902(c)(1), inserted applicability to other public health matters

    2. Struck · 42 U.S.C. § 243(a)

      Pub. L. 97–35, § 902(c)(1), struck out reference to section 246 of this title

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–35, § 902(c)(1), inserted applicability to other public health matters, and struck out reference to section 246 of this title.

    Enacted provision · exact public law section
    (1) The second sentence of section 311(a) of the Public Health Service Act is amended— 42 USC 243. (A) by inserting “and with respect to other public health matters” after “diseases”, and (B) by striking out “and in carrying out the purposes of section 42 USC 243. 314”.

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

  8. Pub. L. 97–35 § 902(c)(2) · 95 Stat. 357

    Substituted · 42 U.S.C. § 243(b)

    Pub. L. 97–35, § 902(c)(2), substituted “public health activities” for “the purposes of section 246 of this title”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–35, § 902(c)(2), substituted “public health activities” for “the purposes of section 246 of this title”.

    Enacted provision · exact public law section
    (2) The first sentence of section 311(b) of such Act is amended by striking out “the purposes of section 314” and inserting in lieu thereof “public health activities”.

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

  9. Pub. L. 97–414 § 8(d) · 96 Stat. 2049

    Substituted · 42 U.S.C. § 243(c)(2)

    Pub. L. 97–414 substituted “six months” for “forty-five days” after “not in excess of”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 97–414 substituted “six months” for “forty-five days” after “not in excess of”.

    Enacted provision · exact public law section
    (d) The first sentence of section 311(c)(2) of such Act (42 U.S.C. 243(c)(2)) is amended by striking out “forty-five days” and inserting instead “six months”.

  10. Health Services Amendments of 1985

    Pub. L. 99–117 § 11(a) · 99 Stat. 491

    1. Struck · 42 U.S.C. § 243(c)(1)

      Pub. L. 99–117 struck out “referred to in section 247b(f) of this title” after “epidemics of any disease or condition”, “involving or resulting from disasters or any such disease” after “health emergencies or problems” in first sentence

    2. Struck · 42 U.S.C. § 243(c)(1)

      Pub. L. 99–117 struck out “resulting from disasters or any disease or condition referred to in section 247b(f) of this title” after “(including epidemics and health emergencies)” in second sentence

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 99–117 struck out “referred to in section 247b(f) of this title” after “epidemics of any disease or condition”, “involving or resulting from disasters or any such disease” after “health emergencies or problems” in first sentence, and struck out “resulting from disasters or any disease or condition referred to in section 247b(f) of this title” after “(including epidemics and health emergencies)” in second sentence.

    Enacted provision · exact public law section
    (a) (1) The first sentence of section 311(c)(1) is amended— (A) by striking out “referred to in section 317(f)”; and (B) by striking out “involving or resulting from disasters or any such disease”. (2) The second sentence of section 311(c)(1) is amended by striking 42 USC 243. out “resulting from disasters or any disease or condition referred to in section 317(f)”.

13 of 14 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1966–1985 · 7 rounds

1985

Subsec. (c)(1). Pub. L. 99–117 struck out “referred to in section 247b(f) of this title” after “epidemics of any disease or condition”, “involving or resulting from disasters or any such disease” after “health emergencies or problems” in first sentence, and struck out “resulting from disasters or any disease or condition referred to in section 247b(f) of this title” after “(including epidemics and health emergencies)” in second sentence.

1983

Subsec. (c)(2). Pub. L. 97–414 substituted “six months” for “forty-five days” after “not in excess of”.

1981

Subsec. (a). Pub. L. 97–35, § 902(c)(1), inserted applicability to other public health matters, and struck out reference to section 246 of this title.

Subsec. (b). Pub. L. 97–35, § 902(c)(2), substituted “public health activities” for “the purposes of section 246 of this title”.

1976

Subsec. (b). Pub. L. 94–317, § 202(c), inserted provision authorizing Secretary to charge only private entities reasonable fees for training of their personnel.

Subsec. (c). Pub. L. 94–317, § 202(b), made changes in phraseology and restructured provisions into pars. (1) and (2) and, in par. (1), as so restructured, inserted provisions authorizing Secretary to develop a plan utilizing Public Health Service personnel, equipment, medical supplies and other resources to control epidemics of any disease referred to in section 247b of this title.

1970

Subsecs. (a), (b). Pub. L. 91–515 substituted “Secretary” for “Surgeon General” wherever appearing.

1967

Subsec. (c). Pub. L. 90–174 added subsec. (c).

1966

Pub. L. 89–749 designated existing provisions as subsec. (a), added subsec. (b), and amended subsec. (b) to permit Surgeon General to train personnel for State and local health work.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

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

Effective Date of 1966 Amendment

Pub. L. 89–749, § 5(a), , 80 Stat. 1190, provided that subsec. (b) of this section is effective .

Pub. L. 89–749, § 5(b), , 80 Stat. 1190, provided that the amendment of subsec. (b) of this section, permitting the Surgeon General to train personnel for State and local health work, is effective .

Food Allergens in the Food Code

Pub. L. 108–282, title II, § 209, , 118 Stat. 910, provided that: “The Secretary of Health and Human Services shall, in the Conference for Food Protection, as part of its efforts to encourage cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C. 243), pursue revision of the Food Code to provide guidelines for preparing allergen-free foods in food establishments, including in restaurants, grocery store delicatessens and bakeries, and elementary and secondary school cafeterias. The Secretary shall consider guidelines and recommendations developed by public and private entities for public and private food establishments for preparing allergen-free foods in pursuing this revision.”

Training of Private Persons Subject to Reimbursement or Advances to Appropriations

Pub. L. 103–333, title II, , 108 Stat. 2550, provided in part: “That for fiscal year 1995 and subsequent fiscal years training of private persons shall be made subject to reimbursement or advances to this appropriation for not in excess of the full cost of such training”.

Credits

1944–1985 · 8 acts
  1. 1944July 1, 1944, ch. 373, title III, § 311, 58 Stat. 693
  2. 1966Pub. L. 89–749, § 5, , 80 Stat. 1190
  3. 1967Pub. L. 90–174, § 4, , 81 Stat. 536
  4. 1970Pub. L. 91–515, title II, § 282, , 84 Stat. 1308
  5. 1976Pub. L. 94–317, title II, § 202(b), (c), , 90 Stat. 703
  6. 1981Pub. L. 97–35, title IX, § 902(c), , 95 Stat. 559
  7. 1983Pub. L. 97–414, § 8(d), , 96 Stat. 2060
  8. 1985Pub. L. 99–117, § 11(a), , 99 Stat. 494.
Show as published

(July 1, 1944, ch. 373, title III, § 311, 58 Stat. 693; Pub. L. 89–749, § 5, , 80 Stat. 1190; Pub. L. 90–174, § 4, , 81 Stat. 536; Pub. L. 91–515, title II, § 282, , 84 Stat. 1308; Pub. L. 94–317, title II, § 202(b), (c), , 90 Stat. 703; Pub. L. 97–35, title IX, § 902(c), , 95 Stat. 559; Pub. L. 97–414, § 8(d), , 96 Stat. 2060; Pub. L. 99–117, § 11(a), , 99 Stat. 494.)

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