§ 246. Grants and services to States

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. 1944

   Pub. L. 78–373 · 58 Stat. 682

   Enacted · 42 U.S.C. § 246

   July 1, 1944, ch. 373, title III, § 314, 58 Stat. 693

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title III, § 314, 58 Stat. 693

2. 1946

   Public Law not identified

   Changed · 42 U.S.C. § 246(c)

   Subsec. (c). Act July 3, 1946, 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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (c). Act July 3, 1946, 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.

3. 1946

   Public Law not identified

   Changed · 42 U.S.C. § 246(d)

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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

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

4. 1946

   Public Law not identified

   Changed · 42 U.S.C. § 246(f); 42 U.S.C. § 246(h); 42 U.S.C. § 246(i)

   Subsecs. (f), (h), (i). Act July 3, 1946, 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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsecs. (f), (h), (i). Act July 3, 1946, 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.

5. 1948

   Public Law not identified

   Redesignated · 42 U.S.C. § 246(e)

   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)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   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).

6. 1948

   Public Law not identified

   1. Redesignated · 42 U.S.C. § 246(f)

      Subsec. (f). Act June 16, 1948, § 5(a), (b), redesignated former subsec. (e) as (f)

   2. Redesignated · 42 U.S.C. § 246(f)

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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (f). Act June 16, 1948, § 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).

7. 1948

   Public Law not identified

   Redesignated · 42 U.S.C. § 246(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)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   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).

8. 1948

   Public Law not identified

   Redesignated · 42 U.S.C. § 246(h)

   Subsec. (h). Act June 16, 1948, § 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)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (h). Act June 16, 1948, § 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).

9. 1948

   Public Law not identified

   Redesignated · 42 U.S.C. § 246(i)

   Subsec. (i). Act June 16, 1948, § 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)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (i). Act June 16, 1948, § 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).

10. 1948

    Public Law not identified

    Redesignated · 42 U.S.C. § 246(j); 42 U.S.C. § 246(k)

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

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

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

11. 1956

    Public Law not identified

    Added · 42 U.S.C. § 246(l)

    Subsec. (l). Act Aug. 1, 1956, added subsec. (l)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (l). Act Aug. 1, 1956, added subsec. (l).

12. 1958

    Pub. L. 85–544 § 1 · 72 Stat. 400

    1. Amended · 42 U.S.C. § 246(c)

       Pub. L. 85–544 designated existing provisions of second sentence as cl. (1)

    2. Added · 42 U.S.C. § 246(c)

       Pub. L. 85–544 added cl. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 85–544 designated existing provisions of second sentence as cl. (1) and added cl. (2).

13. 1961

    Community Health Services and Facilities Act of 1961

    Pub. L. 87–395 § 2(a) · 75 Stat. 824

    1. Substituted · 42 U.S.C. § 246(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” 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

    2. Substituted · 42 U.S.C. § 246(c)

       Pub. L. 87–395, § 2(a)–(c), substituted “such amount as may be necessary” for “an amount, not to exceed $3,000,000” 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

    3. Substituted · 42 U.S.C. § 246(c)

       Pub. L. 87–395, § 2(a)–(c), substituted “$2,500,000” for “$1,000,000” 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Subsection (c) of section 314 of the Public Health 66 Stat. 424; 72 Stat. 400. 42 USC 246. Service Act is amended by striking out “there is hereby authorized to be appropriated for each fiscal year a sum not to exceed $30,000,000” and inserting in lieu thereof “there is authorized to be appropriated for each of the first five fiscal years ending after June 30, 1961, the sum of $50,000,000”.

14. 1961

    Community Health Services and Facilities Act of 1961

    Pub. L. 87–395 § 2(d) · 75 Stat. 824

    Added · 42 U.S.C. § 246(m)

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

    Source evidence

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

    Enacted provision · exact public law section
    (d) Section 314 of such Act is further amended by adding at the end thereof the following new subsection: “(m) The Surgeon General, at the request of the State health authority or, where appropriate, the State mental health authority, may reduce the payments to a State under this section by the amount of the pay, allowances, traveling expenses, and any other costs in connection with the detail of an officer or employee of the Public Health Service to the State or any of its political subdivisions when such detail is made for the convenience of and at the request of the State and for purposes of carrying out its State plan approved under this section. The amount by which such payments are so reduced shall be available for payment of such costs by the Surgeon General, but shall, for purposes of subsection (h), be deemed to have been paid to the State.”

15. 1962

    Pub. L. 87–688 § 4(a)(1) · 76 Stat. 586

    Inserted · 42 U.S.C. § 246(l)

    Pub. L. 87–688 inserted “and American Samoa”, “or American Samoa”, and “or American Samoa, respectively” after “Guam”

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 87–688 inserted “and American Samoa”, “or American Samoa”, and “or American Samoa, respectively” after “Guam”.

    Enacted provision · exact public law section
    (1) in section 314 strike out subsection (1) and insert in lieu 70 Stat. 910. 42 USC 246. thereof the following: “(l) Except as otherwise provided in this subsection the provisions of this section shall be applicable to Guam and American Samoa in the same manner in which they apply to the States. Amounts paid to Guam or American Samoa from its allotment under subsection (a), (b), (c), or (e) of this section, together with matching funds of Guam or American Samoa, respectively, may, with the approval of the Surgeon General, be expended in carrying out the purposes specified in any such subsection or subsections other than the one under which the allotment was made.”;

16. 1965

    Community Health Services Extension Amendments of 1965

    Pub. L. 89–109 § 4 · 79 Stat. 435

    1. Substituted · 42 U.S.C. § 246(c)

       Pub. L. 89–109 substituted “first six fiscal years ending after June 30, 1961” for “first five fiscal years ending after June 30, 1961”

    2. Substituted · 42 U.S.C. § 246(c)

       Pub. L. 89–109 substituted “$5,000,000” for “$2,500,000”

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 4. general public health services (a) The first sentence of subsection (c) of section 314 of such Act is amended by striking out “first five fiscal years ending after June 30, 1961” and inserting in lieu thereof “first six fiscal years ending after June 30, 1961”. (b) The third sentence of subsection (c) of section 314 of such Act is amended by striking out “$2,500,000” and insert mg in lieu thereof “$5,000,000”.

17. 1966

    Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 3 · 80 Stat. 1179

    Substituted · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 3. grants for comprehensive health planning and public health services Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: 58 Stat. 693. “Sec. 314. “grants for comprehensive health planning and public health services “Grants to States for Comprehensive State Health Planning (a) (1) Authorization.— In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, 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 June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. “(2) State plans for comprehensive state health planning.— 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 State and local agencies and nongovernmental organizations and groups concerned with health, 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 Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; “(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 Surgeon General 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 Surgeon General 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 Surgeon General 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 Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General 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 Surgeon General appropriate modifications thereof; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting tor funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) (A) State allotments.— 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 Surgeon General 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 Surgeon General 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 Surgeon General 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) Payments to states.— 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 Surgeon General 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 Surgeon General may determine, of the cost of such planning. “(b) “Project Grants for Areawide Health Planning The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 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; except that in the case of project grants made in any State prior to July 1, 1968, 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. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. “(c) “Project Grants for Training, Studies, and Demonstrations The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. “(d) “Grants for Comprehensive Public Health Services (1) Authorization of appropriations.— There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. “(2) State plans for provision of public health services— In order to be approved under this subsection, a State plan for provision of public health services must— “(A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; “(B) set forth the policies and procedures to lie followed in the expenditure of the funds paid under this subsection; “(C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; “(D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); “(E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; “(F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General 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 Surgeon General to be necessary for the proper and efficient operation of the plan; “(G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; “(H) provide that the State health authority or, with respect Recordkeeping requirements. to mental health services, the State mental health authority, will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) State allotments.— From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State’s allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. “(4) (A) Payments to states.— From each State’s allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall be made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. “(B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. “(5) Federal share.— The ‘Federal share’ for any State for purposes “Federal share.” of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 33⅓ per centum or more than 66⅔ per centum, and except that the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66⅔ per centum. “(6) Determination of federal shares.— The Federal shares shall lie determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. “(7) Allocation of funds within the states.— At least 15 per centum of a State’s allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services. “(e) “Project Grants for Health Services Development There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). “(f) “Interchange of Personnel With States (1) For the purposes of this subsection, the term ‘State’ means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term ‘Secretary’ means (except when used in paragraph (3) (D)) the Secretary of Health, Education, and Welfare; and the term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. “(3) (A) Officers and employees in the Department assigned to any State pursuant to this subsection shall lie considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. “(B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. “(C) In the case of persons so assigned and on leave without pay— “(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and “(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— “(iii) to continuation of their insurance under the Federal 68 Stat. 736. 5 USC 2091 note. Employees’ Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long 73 Stat. 708. 5 USC 3001 note. as the Department continues to collect the employee’s contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee’s contributions and the Government’s contribution from appropriations of the Department; and “(iv) (I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or (II) in 58 Stat. 690. 42 USC 215. the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head ‘Civil Service Retirement and Disability Fund’) their service 72 Stat. 1064. 5 USC 2267 note. during such period as service within the meaning of the Civil 70 Stat. 736. 5 USC 2251 note. Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees’ Group Life Insurance Act of 1954, based on service during an assignment 68 Stat. 736. 5 USC 2091 note. hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees’ Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government’s contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government’s contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. “(D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees’ Compensation Act, as though he 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-ment by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. “(5) Appropriations to the Department shall be available, in accordance with the standardized Government travel regulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. “(6) Officers and employees of States who are assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Department shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classification Act of 1949, and shall not be considered to be officers or employees of the Service for the purposes of (A) the Civil Service 70 Stat. 736. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note. Retirement Act, (B) the Federal Employees’ Group Life Insurance Act of 1954, or (C) unless their appointments result in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees 73 Stat. 708. 5 USC 3001 note. Health Benefits Act of 1959. State officers and employees who are assigned to the Department without appointment shall not lie considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assignment. The supervision of the duties of such persons during the assignment may lie governed by agreement between the Secretary and the State involved. “(7) (A) Any State officer or employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States Code. “(B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees’ 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. Compensation Act, as though he were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(8) The. appropriations to the Department shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places of assignment, or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. “(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary. “(g) “General (1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. “(2) The Surgeon General, at the request of any recipient of a Payment reductions. grant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies 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 such furnishing or such detail, 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 State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall lie available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. “(3) Whenever the Surgeon General, after reasonable notice and Non-compliance, cessation of payments. opportunity for hearing to the health authority or, where appropriate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— “(A) the applicable provisions of this section; “(B) the State plan submitted under such subsection; or “(C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. “(4) For the purposes of this section— “(A) The term ‘nonprofit’ as applied to any private agency, “Nonprofit.” institution, or organization means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and “(B) The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term ‘United States’ means the fifty States and the District of Columbia.”

18. 1966

    Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 3 · 80 Stat. 1179

    Substituted · 42 U.S.C. § 246(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 aid in the development of measures for the local prevention, treatment, and control of tuberculosis

    Source evidence

    Code amendment note
    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 aid in the development of measures for the local prevention, treatment, and control of tuberculosis.

    Enacted provision · exact public law section
    Sec. 3. grants for comprehensive health planning and public health services Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: 58 Stat. 693. “Sec. 314. “grants for comprehensive health planning and public health services “Grants to States for Comprehensive State Health Planning (a) (1) Authorization.— In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, 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 June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. “(2) State plans for comprehensive state health planning.— 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 State and local agencies and nongovernmental organizations and groups concerned with health, 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 Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; “(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 Surgeon General 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 Surgeon General 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 Surgeon General 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 Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General 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 Surgeon General appropriate modifications thereof; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting tor funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) (A) State allotments.— 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 Surgeon General 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 Surgeon General 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 Surgeon General 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) Payments to states.— 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 Surgeon General 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 Surgeon General may determine, of the cost of such planning. “(b) “Project Grants for Areawide Health Planning The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 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; except that in the case of project grants made in any State prior to July 1, 1968, 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. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. “(c) “Project Grants for Training, Studies, and Demonstrations The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. “(d) “Grants for Comprehensive Public Health Services (1) Authorization of appropriations.— There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. “(2) State plans for provision of public health services— In order to be approved under this subsection, a State plan for provision of public health services must— “(A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; “(B) set forth the policies and procedures to lie followed in the expenditure of the funds paid under this subsection; “(C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; “(D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); “(E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; “(F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General 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 Surgeon General to be necessary for the proper and efficient operation of the plan; “(G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; “(H) provide that the State health authority or, with respect Recordkeeping requirements. to mental health services, the State mental health authority, will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) State allotments.— From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State’s allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. “(4) (A) Payments to states.— From each State’s allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall be made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. “(B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. “(5) Federal share.— The ‘Federal share’ for any State for purposes “Federal share.” of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 33⅓ per centum or more than 66⅔ per centum, and except that the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66⅔ per centum. “(6) Determination of federal shares.— The Federal shares shall lie determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. “(7) Allocation of funds within the states.— At least 15 per centum of a State’s allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services. “(e) “Project Grants for Health Services Development There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). “(f) “Interchange of Personnel With States (1) For the purposes of this subsection, the term ‘State’ means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term ‘Secretary’ means (except when used in paragraph (3) (D)) the Secretary of Health, Education, and Welfare; and the term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. “(3) (A) Officers and employees in the Department assigned to any State pursuant to this subsection shall lie considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. “(B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. “(C) In the case of persons so assigned and on leave without pay— “(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and “(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— “(iii) to continuation of their insurance under the Federal 68 Stat. 736. 5 USC 2091 note. Employees’ Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long 73 Stat. 708. 5 USC 3001 note. as the Department continues to collect the employee’s contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee’s contributions and the Government’s contribution from appropriations of the Department; and “(iv) (I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or (II) in 58 Stat. 690. 42 USC 215. the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head ‘Civil Service Retirement and Disability Fund’) their service 72 Stat. 1064. 5 USC 2267 note. during such period as service within the meaning of the Civil 70 Stat. 736. 5 USC 2251 note. Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees’ Group Life Insurance Act of 1954, based on service during an assignment 68 Stat. 736. 5 USC 2091 note. hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees’ Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government’s contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government’s contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. “(D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees’ Compensation Act, as though he 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-ment by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. “(5) Appropriations to the Department shall be available, in accordance with the standardized Government travel regulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. “(6) Officers and employees of States who are assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Department shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classification Act of 1949, and shall not be considered to be officers or employees of the Service for the purposes of (A) the Civil Service 70 Stat. 736. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note. Retirement Act, (B) the Federal Employees’ Group Life Insurance Act of 1954, or (C) unless their appointments result in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees 73 Stat. 708. 5 USC 3001 note. Health Benefits Act of 1959. State officers and employees who are assigned to the Department without appointment shall not lie considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assignment. The supervision of the duties of such persons during the assignment may lie governed by agreement between the Secretary and the State involved. “(7) (A) Any State officer or employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States Code. “(B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees’ 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. Compensation Act, as though he were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(8) The. appropriations to the Department shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places of assignment, or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. “(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary. “(g) “General (1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. “(2) The Surgeon General, at the request of any recipient of a Payment reductions. grant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies 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 such furnishing or such detail, 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 State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall lie available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. “(3) Whenever the Surgeon General, after reasonable notice and Non-compliance, cessation of payments. opportunity for hearing to the health authority or, where appropriate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— “(A) the applicable provisions of this section; “(B) the State plan submitted under such subsection; or “(C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. “(4) For the purposes of this section— “(A) The term ‘nonprofit’ as applied to any private agency, “Nonprofit.” institution, or organization means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and “(B) The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term ‘United States’ means the fifty States and the District of Columbia.”

19. 1966

    Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 3 · 80 Stat. 1179

    Substituted · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 3. grants for comprehensive health planning and public health services Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: 58 Stat. 693. “Sec. 314. “grants for comprehensive health planning and public health services “Grants to States for Comprehensive State Health Planning (a) (1) Authorization.— In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, 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 June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. “(2) State plans for comprehensive state health planning.— 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 State and local agencies and nongovernmental organizations and groups concerned with health, 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 Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; “(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 Surgeon General 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 Surgeon General 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 Surgeon General 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 Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General 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 Surgeon General appropriate modifications thereof; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting tor funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) (A) State allotments.— 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 Surgeon General 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 Surgeon General 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 Surgeon General 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) Payments to states.— 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 Surgeon General 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 Surgeon General may determine, of the cost of such planning. “(b) “Project Grants for Areawide Health Planning The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 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; except that in the case of project grants made in any State prior to July 1, 1968, 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. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. “(c) “Project Grants for Training, Studies, and Demonstrations The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. “(d) “Grants for Comprehensive Public Health Services (1) Authorization of appropriations.— There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. “(2) State plans for provision of public health services— In order to be approved under this subsection, a State plan for provision of public health services must— “(A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; “(B) set forth the policies and procedures to lie followed in the expenditure of the funds paid under this subsection; “(C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; “(D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); “(E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; “(F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General 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 Surgeon General to be necessary for the proper and efficient operation of the plan; “(G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; “(H) provide that the State health authority or, with respect Recordkeeping requirements. to mental health services, the State mental health authority, will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) State allotments.— From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State’s allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. “(4) (A) Payments to states.— From each State’s allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall be made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. “(B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. “(5) Federal share.— The ‘Federal share’ for any State for purposes “Federal share.” of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 33⅓ per centum or more than 66⅔ per centum, and except that the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66⅔ per centum. “(6) Determination of federal shares.— The Federal shares shall lie determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. “(7) Allocation of funds within the states.— At least 15 per centum of a State’s allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services. “(e) “Project Grants for Health Services Development There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). “(f) “Interchange of Personnel With States (1) For the purposes of this subsection, the term ‘State’ means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term ‘Secretary’ means (except when used in paragraph (3) (D)) the Secretary of Health, Education, and Welfare; and the term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. “(3) (A) Officers and employees in the Department assigned to any State pursuant to this subsection shall lie considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. “(B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. “(C) In the case of persons so assigned and on leave without pay— “(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and “(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— “(iii) to continuation of their insurance under the Federal 68 Stat. 736. 5 USC 2091 note. Employees’ Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long 73 Stat. 708. 5 USC 3001 note. as the Department continues to collect the employee’s contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee’s contributions and the Government’s contribution from appropriations of the Department; and “(iv) (I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or (II) in 58 Stat. 690. 42 USC 215. the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head ‘Civil Service Retirement and Disability Fund’) their service 72 Stat. 1064. 5 USC 2267 note. during such period as service within the meaning of the Civil 70 Stat. 736. 5 USC 2251 note. Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees’ Group Life Insurance Act of 1954, based on service during an assignment 68 Stat. 736. 5 USC 2091 note. hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees’ Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government’s contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government’s contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. “(D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees’ Compensation Act, as though he 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-ment by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. “(5) Appropriations to the Department shall be available, in accordance with the standardized Government travel regulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. “(6) Officers and employees of States who are assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Department shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classification Act of 1949, and shall not be considered to be officers or employees of the Service for the purposes of (A) the Civil Service 70 Stat. 736. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note. Retirement Act, (B) the Federal Employees’ Group Life Insurance Act of 1954, or (C) unless their appointments result in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees 73 Stat. 708. 5 USC 3001 note. Health Benefits Act of 1959. State officers and employees who are assigned to the Department without appointment shall not lie considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assignment. The supervision of the duties of such persons during the assignment may lie governed by agreement between the Secretary and the State involved. “(7) (A) Any State officer or employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States Code. “(B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees’ 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. Compensation Act, as though he were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(8) The. appropriations to the Department shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places of assignment, or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. “(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary. “(g) “General (1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. “(2) The Surgeon General, at the request of any recipient of a Payment reductions. grant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies 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 such furnishing or such detail, 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 State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall lie available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. “(3) Whenever the Surgeon General, after reasonable notice and Non-compliance, cessation of payments. opportunity for hearing to the health authority or, where appropriate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— “(A) the applicable provisions of this section; “(B) the State plan submitted under such subsection; or “(C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. “(4) For the purposes of this section— “(A) The term ‘nonprofit’ as applied to any private agency, “Nonprofit.” institution, or organization means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and “(B) The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term ‘United States’ means the fifty States and the District of Columbia.”

20. 1966

    Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 3 · 80 Stat. 1179

    Substituted · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 3. grants for comprehensive health planning and public health services Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: 58 Stat. 693. “Sec. 314. “grants for comprehensive health planning and public health services “Grants to States for Comprehensive State Health Planning (a) (1) Authorization.— In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, 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 June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. “(2) State plans for comprehensive state health planning.— 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 State and local agencies and nongovernmental organizations and groups concerned with health, 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 Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; “(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 Surgeon General 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 Surgeon General 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 Surgeon General 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 Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General 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 Surgeon General appropriate modifications thereof; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting tor funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) (A) State allotments.— 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 Surgeon General 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 Surgeon General 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 Surgeon General 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) Payments to states.— 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 Surgeon General 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 Surgeon General may determine, of the cost of such planning. “(b) “Project Grants for Areawide Health Planning The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 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; except that in the case of project grants made in any State prior to July 1, 1968, 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. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. “(c) “Project Grants for Training, Studies, and Demonstrations The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. “(d) “Grants for Comprehensive Public Health Services (1) Authorization of appropriations.— There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. “(2) State plans for provision of public health services— In order to be approved under this subsection, a State plan for provision of public health services must— “(A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; “(B) set forth the policies and procedures to lie followed in the expenditure of the funds paid under this subsection; “(C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; “(D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); “(E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; “(F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General 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 Surgeon General to be necessary for the proper and efficient operation of the plan; “(G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; “(H) provide that the State health authority or, with respect Recordkeeping requirements. to mental health services, the State mental health authority, will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) State allotments.— From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State’s allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. “(4) (A) Payments to states.— From each State’s allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall be made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. “(B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. “(5) Federal share.— The ‘Federal share’ for any State for purposes “Federal share.” of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 33⅓ per centum or more than 66⅔ per centum, and except that the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66⅔ per centum. “(6) Determination of federal shares.— The Federal shares shall lie determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. “(7) Allocation of funds within the states.— At least 15 per centum of a State’s allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services. “(e) “Project Grants for Health Services Development There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). “(f) “Interchange of Personnel With States (1) For the purposes of this subsection, the term ‘State’ means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term ‘Secretary’ means (except when used in paragraph (3) (D)) the Secretary of Health, Education, and Welfare; and the term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. “(3) (A) Officers and employees in the Department assigned to any State pursuant to this subsection shall lie considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. “(B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. “(C) In the case of persons so assigned and on leave without pay— “(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and “(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— “(iii) to continuation of their insurance under the Federal 68 Stat. 736. 5 USC 2091 note. Employees’ Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long 73 Stat. 708. 5 USC 3001 note. as the Department continues to collect the employee’s contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee’s contributions and the Government’s contribution from appropriations of the Department; and “(iv) (I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or (II) in 58 Stat. 690. 42 USC 215. the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head ‘Civil Service Retirement and Disability Fund’) their service 72 Stat. 1064. 5 USC 2267 note. during such period as service within the meaning of the Civil 70 Stat. 736. 5 USC 2251 note. Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees’ Group Life Insurance Act of 1954, based on service during an assignment 68 Stat. 736. 5 USC 2091 note. hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees’ Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government’s contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government’s contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. “(D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees’ Compensation Act, as though he 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-ment by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. “(5) Appropriations to the Department shall be available, in accordance with the standardized Government travel regulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. “(6) Officers and employees of States who are assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Department shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classification Act of 1949, and shall not be considered to be officers or employees of the Service for the purposes of (A) the Civil Service 70 Stat. 736. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note. Retirement Act, (B) the Federal Employees’ Group Life Insurance Act of 1954, or (C) unless their appointments result in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees 73 Stat. 708. 5 USC 3001 note. Health Benefits Act of 1959. State officers and employees who are assigned to the Department without appointment shall not lie considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assignment. The supervision of the duties of such persons during the assignment may lie governed by agreement between the Secretary and the State involved. “(7) (A) Any State officer or employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States Code. “(B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees’ 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. Compensation Act, as though he were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(8) The. appropriations to the Department shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places of assignment, or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. “(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary. “(g) “General (1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. “(2) The Surgeon General, at the request of any recipient of a Payment reductions. grant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies 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 such furnishing or such detail, 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 State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall lie available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. “(3) Whenever the Surgeon General, after reasonable notice and Non-compliance, cessation of payments. opportunity for hearing to the health authority or, where appropriate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— “(A) the applicable provisions of this section; “(B) the State plan submitted under such subsection; or “(C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. “(4) For the purposes of this section— “(A) The term ‘nonprofit’ as applied to any private agency, “Nonprofit.” institution, or organization means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and “(B) The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term ‘United States’ means the fifty States and the District of Columbia.”

21. 1966

    Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 3 · 80 Stat. 1179

    Substituted · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 3. grants for comprehensive health planning and public health services Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: 58 Stat. 693. “Sec. 314. “grants for comprehensive health planning and public health services “Grants to States for Comprehensive State Health Planning (a) (1) Authorization.— In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, 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 June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. “(2) State plans for comprehensive state health planning.— 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 State and local agencies and nongovernmental organizations and groups concerned with health, 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 Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; “(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 Surgeon General 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 Surgeon General 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 Surgeon General 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 Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General 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 Surgeon General appropriate modifications thereof; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting tor funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) (A) State allotments.— 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 Surgeon General 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 Surgeon General 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 Surgeon General 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) Payments to states.— 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 Surgeon General 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 Surgeon General may determine, of the cost of such planning. “(b) “Project Grants for Areawide Health Planning The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 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; except that in the case of project grants made in any State prior to July 1, 1968, 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. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. “(c) “Project Grants for Training, Studies, and Demonstrations The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. “(d) “Grants for Comprehensive Public Health Services (1) Authorization of appropriations.— There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. “(2) State plans for provision of public health services— In order to be approved under this subsection, a State plan for provision of public health services must— “(A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; “(B) set forth the policies and procedures to lie followed in the expenditure of the funds paid under this subsection; “(C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; “(D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); “(E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; “(F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General 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 Surgeon General to be necessary for the proper and efficient operation of the plan; “(G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; “(H) provide that the State health authority or, with respect Recordkeeping requirements. to mental health services, the State mental health authority, will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) State allotments.— From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State’s allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. “(4) (A) Payments to states.— From each State’s allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall be made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. “(B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. “(5) Federal share.— The ‘Federal share’ for any State for purposes “Federal share.” of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 33⅓ per centum or more than 66⅔ per centum, and except that the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66⅔ per centum. “(6) Determination of federal shares.— The Federal shares shall lie determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. “(7) Allocation of funds within the states.— At least 15 per centum of a State’s allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services. “(e) “Project Grants for Health Services Development There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). “(f) “Interchange of Personnel With States (1) For the purposes of this subsection, the term ‘State’ means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term ‘Secretary’ means (except when used in paragraph (3) (D)) the Secretary of Health, Education, and Welfare; and the term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. “(3) (A) Officers and employees in the Department assigned to any State pursuant to this subsection shall lie considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. “(B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. “(C) In the case of persons so assigned and on leave without pay— “(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and “(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— “(iii) to continuation of their insurance under the Federal 68 Stat. 736. 5 USC 2091 note. Employees’ Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long 73 Stat. 708. 5 USC 3001 note. as the Department continues to collect the employee’s contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee’s contributions and the Government’s contribution from appropriations of the Department; and “(iv) (I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or (II) in 58 Stat. 690. 42 USC 215. the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head ‘Civil Service Retirement and Disability Fund’) their service 72 Stat. 1064. 5 USC 2267 note. during such period as service within the meaning of the Civil 70 Stat. 736. 5 USC 2251 note. Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees’ Group Life Insurance Act of 1954, based on service during an assignment 68 Stat. 736. 5 USC 2091 note. hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees’ Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government’s contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government’s contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. “(D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees’ Compensation Act, as though he 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-ment by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. “(5) Appropriations to the Department shall be available, in accordance with the standardized Government travel regulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. “(6) Officers and employees of States who are assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Department shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classification Act of 1949, and shall not be considered to be officers or employees of the Service for the purposes of (A) the Civil Service 70 Stat. 736. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note. Retirement Act, (B) the Federal Employees’ Group Life Insurance Act of 1954, or (C) unless their appointments result in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees 73 Stat. 708. 5 USC 3001 note. Health Benefits Act of 1959. State officers and employees who are assigned to the Department without appointment shall not lie considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assignment. The supervision of the duties of such persons during the assignment may lie governed by agreement between the Secretary and the State involved. “(7) (A) Any State officer or employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States Code. “(B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees’ 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. Compensation Act, as though he were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(8) The. appropriations to the Department shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places of assignment, or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. “(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary. “(g) “General (1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. “(2) The Surgeon General, at the request of any recipient of a Payment reductions. grant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies 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 such furnishing or such detail, 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 State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall lie available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. “(3) Whenever the Surgeon General, after reasonable notice and Non-compliance, cessation of payments. opportunity for hearing to the health authority or, where appropriate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— “(A) the applicable provisions of this section; “(B) the State plan submitted under such subsection; or “(C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. “(4) For the purposes of this section— “(A) The term ‘nonprofit’ as applied to any private agency, “Nonprofit.” institution, or organization means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and “(B) The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term ‘United States’ means the fifty States and the District of Columbia.”

22. 1966

    Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 3 · 80 Stat. 1179

    Substituted · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 3. grants for comprehensive health planning and public health services Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: 58 Stat. 693. “Sec. 314. “grants for comprehensive health planning and public health services “Grants to States for Comprehensive State Health Planning (a) (1) Authorization.— In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, 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 June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. “(2) State plans for comprehensive state health planning.— 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 State and local agencies and nongovernmental organizations and groups concerned with health, 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 Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; “(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 Surgeon General 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 Surgeon General 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 Surgeon General 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 Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General 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 Surgeon General appropriate modifications thereof; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting tor funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) (A) State allotments.— 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 Surgeon General 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 Surgeon General 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 Surgeon General 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) Payments to states.— 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 Surgeon General 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 Surgeon General may determine, of the cost of such planning. “(b) “Project Grants for Areawide Health Planning The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 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; except that in the case of project grants made in any State prior to July 1, 1968, 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. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. “(c) “Project Grants for Training, Studies, and Demonstrations The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. “(d) “Grants for Comprehensive Public Health Services (1) Authorization of appropriations.— There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. “(2) State plans for provision of public health services— In order to be approved under this subsection, a State plan for provision of public health services must— “(A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; “(B) set forth the policies and procedures to lie followed in the expenditure of the funds paid under this subsection; “(C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; “(D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); “(E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; “(F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General 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 Surgeon General to be necessary for the proper and efficient operation of the plan; “(G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; “(H) provide that the State health authority or, with respect Recordkeeping requirements. to mental health services, the State mental health authority, will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) State allotments.— From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State’s allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. “(4) (A) Payments to states.— From each State’s allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall be made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. “(B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. “(5) Federal share.— The ‘Federal share’ for any State for purposes “Federal share.” of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 33⅓ per centum or more than 66⅔ per centum, and except that the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66⅔ per centum. “(6) Determination of federal shares.— The Federal shares shall lie determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. “(7) Allocation of funds within the states.— At least 15 per centum of a State’s allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services. “(e) “Project Grants for Health Services Development There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). “(f) “Interchange of Personnel With States (1) For the purposes of this subsection, the term ‘State’ means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term ‘Secretary’ means (except when used in paragraph (3) (D)) the Secretary of Health, Education, and Welfare; and the term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. “(3) (A) Officers and employees in the Department assigned to any State pursuant to this subsection shall lie considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. “(B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. “(C) In the case of persons so assigned and on leave without pay— “(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and “(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— “(iii) to continuation of their insurance under the Federal 68 Stat. 736. 5 USC 2091 note. Employees’ Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long 73 Stat. 708. 5 USC 3001 note. as the Department continues to collect the employee’s contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee’s contributions and the Government’s contribution from appropriations of the Department; and “(iv) (I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or (II) in 58 Stat. 690. 42 USC 215. the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head ‘Civil Service Retirement and Disability Fund’) their service 72 Stat. 1064. 5 USC 2267 note. during such period as service within the meaning of the Civil 70 Stat. 736. 5 USC 2251 note. Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees’ Group Life Insurance Act of 1954, based on service during an assignment 68 Stat. 736. 5 USC 2091 note. hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees’ Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government’s contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government’s contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. “(D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees’ Compensation Act, as though he 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-ment by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. “(5) Appropriations to the Department shall be available, in accordance with the standardized Government travel regulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. “(6) Officers and employees of States who are assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Department shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classification Act of 1949, and shall not be considered to be officers or employees of the Service for the purposes of (A) the Civil Service 70 Stat. 736. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note. Retirement Act, (B) the Federal Employees’ Group Life Insurance Act of 1954, or (C) unless their appointments result in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees 73 Stat. 708. 5 USC 3001 note. Health Benefits Act of 1959. State officers and employees who are assigned to the Department without appointment shall not lie considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assignment. The supervision of the duties of such persons during the assignment may lie governed by agreement between the Secretary and the State involved. “(7) (A) Any State officer or employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States Code. “(B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees’ 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. Compensation Act, as though he were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(8) The. appropriations to the Department shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places of assignment, or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. “(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary. “(g) “General (1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. “(2) The Surgeon General, at the request of any recipient of a Payment reductions. grant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies 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 such furnishing or such detail, 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 State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall lie available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. “(3) Whenever the Surgeon General, after reasonable notice and Non-compliance, cessation of payments. opportunity for hearing to the health authority or, where appropriate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— “(A) the applicable provisions of this section; “(B) the State plan submitted under such subsection; or “(C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. “(4) For the purposes of this section— “(A) The term ‘nonprofit’ as applied to any private agency, “Nonprofit.” institution, or organization means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and “(B) The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term ‘United States’ means the fifty States and the District of Columbia.”

23. 1966

    Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 3 · 80 Stat. 1179

    Substituted · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 3. grants for comprehensive health planning and public health services Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: 58 Stat. 693. “Sec. 314. “grants for comprehensive health planning and public health services “Grants to States for Comprehensive State Health Planning (a) (1) Authorization.— In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, 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 June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. “(2) State plans for comprehensive state health planning.— 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 State and local agencies and nongovernmental organizations and groups concerned with health, 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 Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; “(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 Surgeon General 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 Surgeon General 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 Surgeon General 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 Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General 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 Surgeon General appropriate modifications thereof; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting tor funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) (A) State allotments.— 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 Surgeon General 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 Surgeon General 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 Surgeon General 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) Payments to states.— 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 Surgeon General 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 Surgeon General may determine, of the cost of such planning. “(b) “Project Grants for Areawide Health Planning The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 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; except that in the case of project grants made in any State prior to July 1, 1968, 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. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. “(c) “Project Grants for Training, Studies, and Demonstrations The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. “(d) “Grants for Comprehensive Public Health Services (1) Authorization of appropriations.— There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. “(2) State plans for provision of public health services— In order to be approved under this subsection, a State plan for provision of public health services must— “(A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; “(B) set forth the policies and procedures to lie followed in the expenditure of the funds paid under this subsection; “(C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; “(D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); “(E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; “(F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General 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 Surgeon General to be necessary for the proper and efficient operation of the plan; “(G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; “(H) provide that the State health authority or, with respect Recordkeeping requirements. to mental health services, the State mental health authority, will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) State allotments.— From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State’s allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. “(4) (A) Payments to states.— From each State’s allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall be made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. “(B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. “(5) Federal share.— The ‘Federal share’ for any State for purposes “Federal share.” of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 33⅓ per centum or more than 66⅔ per centum, and except that the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66⅔ per centum. “(6) Determination of federal shares.— The Federal shares shall lie determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. “(7) Allocation of funds within the states.— At least 15 per centum of a State’s allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services. “(e) “Project Grants for Health Services Development There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). “(f) “Interchange of Personnel With States (1) For the purposes of this subsection, the term ‘State’ means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term ‘Secretary’ means (except when used in paragraph (3) (D)) the Secretary of Health, Education, and Welfare; and the term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. “(3) (A) Officers and employees in the Department assigned to any State pursuant to this subsection shall lie considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. “(B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. “(C) In the case of persons so assigned and on leave without pay— “(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and “(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— “(iii) to continuation of their insurance under the Federal 68 Stat. 736. 5 USC 2091 note. Employees’ Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long 73 Stat. 708. 5 USC 3001 note. as the Department continues to collect the employee’s contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee’s contributions and the Government’s contribution from appropriations of the Department; and “(iv) (I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or (II) in 58 Stat. 690. 42 USC 215. the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head ‘Civil Service Retirement and Disability Fund’) their service 72 Stat. 1064. 5 USC 2267 note. during such period as service within the meaning of the Civil 70 Stat. 736. 5 USC 2251 note. Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees’ Group Life Insurance Act of 1954, based on service during an assignment 68 Stat. 736. 5 USC 2091 note. hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees’ Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government’s contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government’s contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. “(D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees’ Compensation Act, as though he 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-ment by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. “(5) Appropriations to the Department shall be available, in accordance with the standardized Government travel regulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. “(6) Officers and employees of States who are assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Department shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classification Act of 1949, and shall not be considered to be officers or employees of the Service for the purposes of (A) the Civil Service 70 Stat. 736. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note. Retirement Act, (B) the Federal Employees’ Group Life Insurance Act of 1954, or (C) unless their appointments result in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees 73 Stat. 708. 5 USC 3001 note. Health Benefits Act of 1959. State officers and employees who are assigned to the Department without appointment shall not lie considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assignment. The supervision of the duties of such persons during the assignment may lie governed by agreement between the Secretary and the State involved. “(7) (A) Any State officer or employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States Code. “(B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees’ 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. Compensation Act, as though he were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(8) The. appropriations to the Department shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places of assignment, or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. “(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary. “(g) “General (1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. “(2) The Surgeon General, at the request of any recipient of a Payment reductions. grant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies 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 such furnishing or such detail, 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 State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall lie available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. “(3) Whenever the Surgeon General, after reasonable notice and Non-compliance, cessation of payments. opportunity for hearing to the health authority or, where appropriate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— “(A) the applicable provisions of this section; “(B) the State plan submitted under such subsection; or “(C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. “(4) For the purposes of this section— “(A) The term ‘nonprofit’ as applied to any private agency, “Nonprofit.” institution, or organization means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and “(B) The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term ‘United States’ means the fifty States and the District of Columbia.”

24. 1966

    Comprehensive Health Planning and Public Health Services Amendments of 1966

    Pub. L. 89–749 § 3 · 80 Stat. 1179

    Struck · 42 U.S.C. § 246(h)(m)

    Pub. L. 89–749 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

    Source evidence

    Code amendment note
    Subsecs. (h) to (m). Pub. L. 89–749 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.

    Enacted provision · exact public law section
    Sec. 3. grants for comprehensive health planning and public health services Section 314 of the Public Health Service Act (42 U.S.C. 246) is amended to read as follows: 58 Stat. 693. “Sec. 314. “grants for comprehensive health planning and public health services “Grants to States for Comprehensive State Health Planning (a) (1) Authorization.— In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Surgeon General is authorized during the period beginning July 1, 1966, and ending June 30, 1968, to make grants to States which have submitted, and had approved by the Surgeon General, 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 June 30, 1967, and $5,000,000 for the fiscal year ending June 30, 1968. “(2) State plans for comprehensive state health planning.— 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 State and local agencies and nongovernmental organizations and groups concerned with health, 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 Surgeon General, are designed to provide for comprehensive State planning for health services (both public and private), including the facilities and persons required for the provision of such services, to meet the health needs of the people of the State; “(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 Surgeon General 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 Surgeon General 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 Surgeon General 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 Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General 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 Surgeon General appropriate modifications thereof; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting tor funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) (A) State allotments.— 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 Surgeon General 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 Surgeon General 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 Surgeon General 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) Payments to states.— 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 Surgeon General 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 Surgeon General may determine, of the cost of such planning. “(b) “Project Grants for Areawide Health Planning The Surgeon General is authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 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; except that in the case of project grants made in any State prior to July 1, 1968, 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. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, and $7,500,000 for the fiscal year ending June 30, 1968. “(c) “Project Grants for Training, Studies, and Demonstrations The Surgeon General is also authorized, during the period beginning July 1, 1966, and ending June 30, 1968, 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 June 30, 1967, and $2,500,000 for the fiscal year ending June 30, 1968. “(d) “Grants for Comprehensive Public Health Services (1) Authorization of appropriations.— There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, to enable the Surgeon General to make grants to State health or mental health authorities to assist the States in establishing and maintaining adequate public health services, including the training of personnel for State and local health work. The sums so appropriated shall be used for making payments to States which have submitted, and had approved by the Surgeon General, State plans for provision of public health services. “(2) State plans for provision of public health services— In order to be approved under this subsection, a State plan for provision of public health services must— “(A) provide for administration or supervision of administration by the State health authority or, with respect to mental health services, the State mental health authority; “(B) set forth the policies and procedures to lie followed in the expenditure of the funds paid under this subsection; “(C) contain or be supported by assurances satisfactory to the Surgeon General that (i) the funds paid to the State under this subsection will be used to make a significant contribution toward providing and strengthening public health services in the various political subdivisions in order to improve the health of the people; (ii) such funds will be made available to other public or nonprofit private agencies, institutions, and organizations, in accordance with criteria which the Surgeon General determines are designed to secure maximum participation of local, regional, or metropolitan agencies and groups in the provision of such services; and (iii) such funds will be used to supplement and, to the extent practical, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; “(D) provide for the furnishing of public health services under the State plan in accordance with such plans as have been developed pursuant to subsection (a); “(E) provide that public health services furnished under the plan will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; “(F) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Surgeon General 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 Surgeon General to be necessary for the proper and efficient operation of the plan; “(G) provide that the State health authority or, with respect to mental health services, the State mental health authority, will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection and submit to the Surgeon General appropriate modifications thereof; “(H) provide that the State health authority or, with respect Recordkeeping requirements. to mental health services, the State mental health authority, will make such reports, in such form and containing such information, as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General finds necessary to assure the correctness and verification of such reports; “(I) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection; and “(J) contain such additional information and assurances as the Surgeon General may find necessary to carry out the purposes of this subsection. “(3) State allotments.— From the sums appropriated to carry out the provisions of this subsection the several States shall be entitled for each fiscal year to allotments determined, in accordance with regulations, on the basis of the population and financial need of the respective States, except that no State’s allotment shall be less for any year than the total amounts allotted to such State under formula grants for cancer control, plus other allotments under this section, for the fiscal year ending June 30, 1967. “(4) (A) Payments to states.— From each State’s allotment under this subsection for a fiscal year, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under this subsection. Such payments shall be made from time to time in advance on the basis of estimates by the Surgeon General of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this subsection. “(B) For the purpose of determining the Federal share for any State, expenditures by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State or a political subdivision thereof. “(5) Federal share.— The ‘Federal share’ for any State for purposes “Federal share.” of this subsection shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that in no case shall such percentage be less than 33⅓ per centum or more than 66⅔ per centum, and except that the Federal share for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66⅔ per centum. “(6) Determination of federal shares.— The Federal shares shall lie determined by the Surgeon General between July 1 and September 1 of each year, on the basis of the average per capita incomes of each of the States and of the United States for the most recent year for which satisfactory data are available from the Department of Commerce, and such determination shall be conclusive for the fiscal year beginning on the next July 1. The populations of the several States shall be determined on the basis of the latest figures for the population of the several States available from the Department of Commerce. “(7) Allocation of funds within the states.— At least 15 per centum of a State’s allotment under this subsection shall be available only to the State mental health authority for the provision under the State plan of mental health services. “(e) “Project Grants for Health Services Development There are authorized to be appropriated $62,500,000 for the fiscal year ending June 30, 1968, for grants to any public or nonprofit private agency, institution, or organization to cover part of the cost of (1) providing services to meet health needs of limited geographic scope or of specialized regional or national significance, (2) stimulating and supporting for an initial period new programs of health services, or (3) undertaking studies, demonstrations, or training designed to develop new methods or improve existing methods of providing health services. Such grants may be made pursuant to clause (1) or (2) of the preceding sentence with respect to projects involving the furnishing of public health services only if such services are provided in accordance with such plans as have been developed pursuant to subsection (a). “(f) “Interchange of Personnel With States (1) For the purposes of this subsection, the term ‘State’ means a State or a political subdivision of a State, or any agency of either of the foregoing engaged in any activities related to health or designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a); the term ‘Secretary’ means (except when used in paragraph (3) (D)) the Secretary of Health, Education, and Welfare; and the term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment to States of officers and employees in the Department engaged in work related to health, for work which the Secretary determines will aid the Department in more effective discharge of its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. The period of assignment of any officer or employee under an arrangement shall not exceed two years. “(3) (A) Officers and employees in the Department assigned to any State pursuant to this subsection shall lie considered, during such assignment, to be (i) on detail to a regular work assignment in the Department, or (ii) on leave without pay from their positions in the Department. “(B) Persons considered to be so detailed shall remain as officers or employees, as the case may be, in the Department for all purposes, except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. “(C) In the case of persons so assigned and on leave without pay— “(i) if the rate of compensation (including allowances) for their employment by the State is less than the rate of compensation (including allowances) they would be receiving had they continued in their regular assignment in the Department, they may receive supplemental salary payments from the Department in the amount considered by the Secretary to be justified, but not at a rate in excess of the difference between the State rate and the Department rate; and “(ii) they may be granted annual leave and sick leave to the extent authorized by law, but only in circumstances considered by the Secretary to justify approval of such leave. Such officers and employees on leave without pay shall, notwithstanding any other provision of law, be entitled— “(iii) to continuation of their insurance under the Federal 68 Stat. 736. 5 USC 2091 note. Employees’ Group Life Insurance Act of 1954, and coverage under the Federal Employees Health Benefits Act of 1959, so long 73 Stat. 708. 5 USC 3001 note. as the Department continues to collect the employee’s contribution from the officer or employee involved and to transmit for timely deposit into the funds created under such Acts the amount of the employee’s contributions and the Government’s contribution from appropriations of the Department; and “(iv) (I) in the case of commissioned officers of the Service, to have their service during their assignment treated as provided in section 214(d) for such officers on leave without pay, or (II) in 58 Stat. 690. 42 USC 215. the case of other officers and employees in the Department, to credit the period of their assignment under the arrangement under this subsection toward periodic or longevity step increases and for retention and leave accrual purposes, and, upon payment into the civil service retirement and disability fund of the percentage of their State salary, and of their supplemental salary payments, if any, which would have been deducted from a like Federal salary for the period of such assignment and payment by the Secretary into such fund of the amount which would have been payable by him during the period of such assignment with respect to a like Federal salary, to treat (notwithstanding the provisions of the Independent Offices Appropriation Act, 1959, under the head ‘Civil Service Retirement and Disability Fund’) their service 72 Stat. 1064. 5 USC 2267 note. during such period as service within the meaning of the Civil 70 Stat. 736. 5 USC 2251 note. Service Retirement Act; except that no officer or employee or his beneficiary may receive any benefits under the Civil Service Retirement Act, the Federal Employees Health Benefits Act of 1959, or the Federal Employees’ Group Life Insurance Act of 1954, based on service during an assignment 68 Stat. 736. 5 USC 2091 note. hereunder for which the officer or employee or (if he dies without making such election) his beneficiary elects to receive benefits, under any State retirement or insurance law or program, which the Civil Service Commission determines to be similar. The Department shall deposit currently in the funds created under the Federal Employees’ Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the civil service retirement and disability fund, respectively, the amount of the Government’s contribution under these Acts on account of service with respect to which employee contributions are collected as provided in subparagraph (iii) and the amount of the Government’s contribution under the Civil Service Retirement Act on account of service with respect to which payments (of the amount which would have been deducted under that Act) referred to in subparagraph (iv) are made to such civil service retirement and disability fund. “(D) Any such officer or employee on leave without pay (other than a commissioned officer of the Service) who suffers disability or death as a result of personal injury sustained while in the performance of his duty during an assignment hereunder, shall be treated, for the purposes of the Federal Employees’ Compensation Act, as though he 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(4) Assignment of any officer or employee in the Department to a State under this subsection may be made with or without reimburse-ment by the State for the compensation (or supplementary compensation), travel and transportation expenses (to or from the place of assignment), and allowances, or any part thereof, of such officer or employee during the period of assignment, and any such reimbursement shall be credited to the appropriation utilized for paying such compensation, travel or transportation expenses, or allowances. “(5) Appropriations to the Department shall be available, in accordance with the standardized Government travel regulations or, with respect to commissioned officers of the Service, the joint travel regulations, the expenses of travel of officers and employees assigned to States under an arrangement under this subsection on either a detail or leave-without-pay basis and, in accordance with applicable law, orders, and regulations, for expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects, in connection with the travel of such officers and employees to the location of their posts of assignment and their return to their official stations. “(6) Officers and employees of States who are assigned to the Department under an arrangement under this subsection may (A) be given appointments in the Department covering the periods of such assignments, or (B) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil service laws. Persons so appointed in the Department shall be paid at rates of compensation determined in accordance with the Ante, p. 288. Classification Act of 1949, and shall not be considered to be officers or employees of the Service for the purposes of (A) the Civil Service 70 Stat. 736. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note. Retirement Act, (B) the Federal Employees’ Group Life Insurance Act of 1954, or (C) unless their appointments result in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a State contribution, the Federal Employees 73 Stat. 708. 5 USC 3001 note. Health Benefits Act of 1959. State officers and employees who are assigned to the Department without appointment shall not lie considered to be officers or employees of the Department, except as provided in subsection (7), nor shall they be paid a salary or wage by the Service during the period of their assignment. The supervision of the duties of such persons during the assignment may lie governed by agreement between the Secretary and the State involved. “(7) (A) Any State officer or employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 203, 205, 207, 208, and 209 of title 18 of the United States Code. “(B) Any State officer or employee who is given an appointment while assigned to the Department, or who is assigned to the Department without appointment, under an arrangement under this subsection, and who suffers disability or death as a result of personal injury sustained while in the performance of his duty during such assignment shall be treated, for the purpose of the Federal Employees’ 39 Stat. 742; 63 Stat. 854. 5 USC 751 note. Compensation Act, as though he were an employee, as defined in such Act, who had sustained such injury in the performance of duty. When such person (or his dependents, in case of death) entitled by reason of injury or death to benefits under that Act is also entitled to benefits from a State for the same injury or death, he (or his dependents, in case of death) shall elect which benefits he will receive. Such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. “(8) The. appropriations to the Department shall be available, in accordance with the standardized Government travel regulations, during the period of assignment and in the case of travel to and from their places of assignment, or appointment, for the payment of expenses of travel of persons assigned to, or given appointments by, the Service under an arrangement under this subsection. “(9) All arrangements under this subsection for assignment of officers or employees in the Department to States or for assignment of officers or employees of States to the Department shall be made in accordance with regulations of the Secretary. “(g) “General (1) All regulations and amendments thereto with respect to grants to States under subsection (a) shall be made after consultation with a conference of the State health planning agencies designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a). All regulations and amendments thereto with respect to grants to States under subsection (d) shall be made after consultation with a conference of State health authorities and, in the case of regulations and amendments which relate to or in any way affect grants for services or other activities in the field of mental health, the State mental health authorities. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of such regulations or amendments, of the State authorities or agencies with whom such consultation is required. “(2) The Surgeon General, at the request of any recipient of a Payment reductions. grant under this section, may reduce the payments to such recipient by the fair market value of any equipment or supplies 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 such furnishing or such detail, 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 State plan or the project with respect to which the grant under this section is made. The amount by which such payments are so reduced shall lie available for payment of such costs (including the costs of such equipment and supplies) by the Surgeon General, but shall, for purposes of determining the Federal share under subsection (a) or (d), be deemed to have been paid to the State. “(3) Whenever the Surgeon General, after reasonable notice and Non-compliance, cessation of payments. opportunity for hearing to the health authority or, where appropriate, the mental health authority of a State or a State health planning agency designated or established pursuant to subparagraph (A) of paragraph (2) of subsection (a), finds that, with respect to money paid to the State out of appropriations under subsection (a) or (d), there is a failure to comply substantially with either— “(A) the applicable provisions of this section; “(B) the State plan submitted under such subsection; or “(C) applicable regulations under this section; the Surgeon General shall notify such State health authority, mental health authority, or health planning agency, as the case may be, that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further payments will not be made to the State from such appropriations for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Surgeon General shall make no payment to such State from appropriations under such subsection, or shall limit payment to activities in which there is no such failure. “(4) For the purposes of this section— “(A) The term ‘nonprofit’ as applied to any private agency, “Nonprofit.” institution, or organization means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and “(B) The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia and the term ‘United States’ means the fifty States and the District of Columbia.”

25. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 2(a)(1) · 81 Stat. 533

    Changed · 42 U.S.C. § 246(a)(1)

    Pub. L. 90–174, § 2(a)(1), extended period for making grants to States from June 30, 1968, to June 30, 1970, increased appropriations authorization for fiscal year ending June 30, 1968, from $5,000,000 to $7,000,000, and authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending June 30, 1969, and 1970, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 90–174, § 2(a)(1), extended period for making grants to States from June 30, 1968, to June 30, 1970, increased appropriations authorization for fiscal year ending June 30, 1968, from $5,000,000 to $7,000,000, and authorized appropriations of $10,000,000 and $15,000,000 for fiscal years ending June 30, 1969, and 1970, respectively.

    Enacted provision · exact public law section
    (1) Subsection (a)(1) of section 314 of the Public Health Health planning grants to States, appropriation. 80 Stat. 1181. Service Act (42 U.S.C. 246, as amended by section 3 of the Comprehensive Health Planning and Public Health Services Amendments of 1966, Public Law 89–749) is amended (1) by striking out “1968” the first time it appears and inserting in lieu thereof “1970” and (2) by striking out “and $5,000,000 for the fiscal year ending June 30, 1968” and inserting in lieu thereof “$7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal year ending June 30, 1970”.

26. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 2(a)(2) · 81 Stat. 533

    1. Added · 42 U.S.C. § 246(a)(2)(I)(K)

       Pub. L. 90–174, § 2(a)(2), added subpar. (I)

    2. Redesignated · 42 U.S.C. § 246(a)(2)(I)(K)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) Subsection (a)(2) of such section is amended by redesignating State plans, standards. subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively, and by inserting after subparagraph (H) the following new paragraph: “(I) effective July 1, 1968, (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;”.

27. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 2(a)(3) · 81 Stat. 533

    Changed · 42 U.S.C. § 246(a)(4)

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

    Source evidence

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

    Enacted provision · exact public law section
    (3) The last sentence of subsection (a)(4) of such section is “Federal share” of expenditures. 80 Stat. 1183. amended by inserting before the period at the end thereof except that in the case of the allotments for the fiscal year ending June 30, 1970, it shall not exceed 75 per centum of such cost ’.

28. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 2(b)(1) · 81 Stat. 533

    Changed · 42 U.S.C. § 246(b)

    Pub. L. 90–174, § 2(b)(1), (2), extended period for making grants to public or nonprofit private organizations from June 30, 1968, to June 30, 1970, and 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–174, § 2(b)(1), (2), extended period for making grants to public or nonprofit private organizations from June 30, 1968, to June 30, 1970, and 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.

    Enacted provision · exact public law section
    (1) Subsection (b) of such section is amended by striking out Areawide health planning, project grants. “1968” the first time it appears and inserting in lieu thereof “1970” and by striking out “and $7,500,000 for the fiscal year ending June 30, 1968”, and inserting in lieu thereof “$7,500,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal year ending June 30, 1970”.

29. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 2(c) · 81 Stat. 533

    Changed · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (c) Subsection (c) of such section is amended by striking out “1968” Training, studies, etc., program extension. the first time it appears and inserting in lieu thereof “1970” and by striking out “and $2,500,000 for the fiscal year ending June 30, 1968” and inserting in lieu thereof “$2,500,000 for the fiscal year ending June 30, 1968, $5,000,000 for the fiscal year ending June 30, 1969, and $7,500,000 for the fiscal year ending June 30, 1970”.

30. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 · 81 Stat. 533

    Changed · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

31. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 2(d)(2) · 81 Stat. 533

    Changed · 42 U.S.C. § 246(d)(5)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) Effective July 1, 1968, subsection (d)(5) of such section is amended by inserting “the Trust Territory of the Pacific Islands,” after “American Samoa,”.

32. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 2(d)(3) · 81 Stat. 533

    Changed · 42 U.S.C. § 246(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (3) Subsection (d)(7) of such section is amended by adding at the end thereof the following new sentence: “Effective with respect to allotments under this subsection for fiscal years ending after June 30, 1968, at least 70 per centum of such amount reserved for mental health services and at least 70 per centum of the remainder of a States allotment under this subsection shall be available only for the provision under the State plan of services in communities of the State.”

33. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 · 81 Stat. 533

    1. Inserted · 42 U.S.C. § 246(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)

    2. Substituted · 42 U.S.C. § 246(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, substituted “developing” for “stimulating”

    3. Inserted · 42 U.S.C. § 246(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 “health services” in cl. (2)

    4. Struck · 42 U.S.C. § 246(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, 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

    Source evidence

    Code amendment note
    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.

34. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 12(d)(1) · 81 Stat. 533

    Inserted · 42 U.S.C. § 246(f)(5)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) inserting “for” before “the expenses of travel” in paragraph (5);

35. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 12(d)(2) · 81 Stat. 533

    Substituted · 42 U.S.C. § 246(f)(6); 42 U.S.C. § 246(f)(8)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) striking out “Service” and inserting in lieu thereof “Department” in paragraphs (6) and (8).

36. 1967

    Partnership for Health Amendments of 1967

    Pub. L. 90–174 § 2(f) · 81 Stat. 533

    Changed · 42 U.S.C. § 246(g)(4)(B)

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

    Source evidence

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

    Enacted provision · exact public law section
    (f) Effective July 1, 1968, subsection (g)(4)(B) of such section is amended by inserting “the Trust Territory of the Pacific Islands,” after “American Samoa,”.

37. 1970

    Medical Facilities Construction and Modernization Amendments of 1970

    Pub. L. 91–296 § 111(b) · 84 Stat. 336

    Inserted · 42 U.S.C. § 246(b)

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Section 314(b) of such Act (42 U.S.C. 246) is amended by adding after the first sentence the following new sentence: “No grant may be made under this subsection after June 30, 1970, 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.”

38. 1970

    Medical Facilities Construction and Modernization Amendments of 1970

    Pub. L. 91–296 § 401(b)(1)(C) · 84 Stat. 336

    Struck · 42 U.S.C. § 246(d)(1)

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (C) section 314 (d)(1) of such Act (42 U.S.C. 246) is amended by striking out “, except that, for any fiscal year ending after June 30, 1968” and all that follows down to but not including the ‘period.

39. 1970

    Medical Facilities Construction and Modernization Amendments of 1970

    Pub. L. 91–296 § 401(b)(1)(D) · 84 Stat. 336

    Struck · 42 U.S.C. § 246(e)

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (D) section 314(e) of such Act (42 U.S.C. 246) is amended by striking out the last sentence;

40. 1970

    Comprehensive Drug Abuse Prevention and Control Act of 1970

    Pub. L. 91–513 title I § 3(b) · 84 Stat. 1236

    Added · 42 U.S.C. § 246(d)(2)(K)

    Pub. L. 91–513 added subpar. (K)

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 3. research under the public health service act in drug use, abuse, and addiction (a) Section 303(a) of the Public Health Service Act (42 Research papulations, protection of identity. 70 Stat. 929. U.S.C. 242a (a)) is amended by adding after and below paragraph (2) the following: “The Secretary may authorize persons engaged in research on the use and effect, of drugs to protect the privacy of individuals who are the subject of such research by withholding from all persons not connected with the conduct of such research the names or other identifying characteristics of such individuals. Persons so authorized to protect the privacy of such individuals may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceedings to identify such individuals.” (c) Section 314(d)(2) of the Public Health Service Act is 80 Stat. 1184 Post, p. 1353. 42 USC 246. amended— (1) by striking out “and” at the end of subparagraph (I); (2) by striking out the period at the end of subparagraph (J) and inserting in lieu thereof “; and”; and (3) by adding after subparagraph (J) the following new subparagraph: “(K) provide for services for the prevention and treatment of drug abuse and drug dependence, commensurate with the extent of the problem.” (c) Section 507 of the Public Health Service Act (42 U.S.C. 225a) 81 Stat. 79. is amended— (1) by striking out “available for research, training, or demonstration project grants pursuant to this Act” and inserting in lieu thereof “available under this Act for research, training, or demonstration project grants or for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence, and appropriations available under the Community Mental Health Centers Act for 77 Stat. 190. 42 USC 2681 note. construction and staffing of community mental health centers and alcoholism and narcotic addiction, drug abuse, and drug dependence facilities”, and (2) by inserting immediately before the period at the end thereof the following: “, except that grants to such Federal institutions may be funded at 100 per centum of the costs”.

41. 1970

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

    Substituted · 42 U.S.C. § 246

    Pub. L. 91–515, § 282, 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)

    Source evidence

    Code amendment note
    Pub. L. 91–515, § 282, 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).

    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”.

42. 1970

    Pub. L. 91–515 § 220(a) · 84 Stat. 1297

    Changed · 42 U.S.C. § 246(a)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (a) (1) The first sentence of section 314(a)(1) of the 80 Stat. 1181; 81 Stat. 533. 42 USC 246. Public Health Service Act is amended by striking out “June 30, 1970” and inserting in lieu thereof “June 30, 1973”. (2) The second sentence of such section 314(a)(1) is amended by striking out “and $15,000,000 for the fiscal year ending June 30, 1970” and inserting in lieu thereof the following: “$15,000,000 for the fiscal year ending June 30, 1970, $15,000,000 for the fiscal year ending June 30, 1971, $17,000,000 for the fiscal year ending June 30, 1972, and $20,l)00,0tt) for the fiscal year ending June 30, 1973”.

43. 1970

    Pub. L. 91–515 § 220(b) · 84 Stat. 1297

    Inserted · 42 U.S.C. § 246(a)(2)(B)

    Pub. L. 91–515, § 220(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

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 91–515, § 220(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.

    Enacted provision · exact public law section
    (b) Section 314(a)(2)(B) of such Act is amended by striking out “State and local agencies” and inserting in lieu thereof “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 Veterans’ Administration, the individual whom the Administrator of Veterans’ Affairs shall have designated to serve on such council as the representative of the hospitals or other health care facilities of such Administration which are located in such State)”.

44. 1970

    Pub. L. 91–515 § 220(d) · 84 Stat. 1297

    Inserted · 42 U.S.C. § 246(a)(2)(C)

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

    Source evidence

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

    Enacted provision · exact public law section
    (d) Section 314(a)(2)(C) of such Act is amended (1) by inserting “and including home health care” immediately after “private”, and (2) by inserting immediately lief ore the semicolon at the end thereof the following: “and including environmental considerations as they relate to public health”.

45. 1970

    Pub. L. 91–515 § 230 · 84 Stat. 1297

    1. Redesignated · 42 U.S.C. § 246(b)

       Pub. L. 91–515, § 230, redesignated existing provisions as subsec. (b)(1)(A), and, as so redesignated, extended period for making project grants from June 30, 1970 to June 30, 1973

    2. Inserted · 42 U.S.C. § 246(b)

       Pub. L. 91–515, § 230, inserted “and including the provision of such services through home health care” after “such services”, and authorized appropriations for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973

    3. Added · 42 U.S.C. § 246(b)

       Pub. L. 91–515, § 230, added subsec. (b)(1)(B) and (b)(2)

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 230. Section 314(b) of the Public Health Service Act is amended— (1) by striking out, in the first sentence thereof, “June 30, 1970” and inserting in lieu thereof “June 30, 1973”; (2) by inserting after the word “services” the second place it appears therein, the phrase “and including the provision of such services through home health care”; (3) by striking out, in the second sentence thereof, “and $15,000,000 for the fiscal year ending June 30, 1970” and inserting in lieu thereof the following: “$15,000,000 for the fiscal year ending June 30, 1970, $20,000,000 for the fiscal year ending June 30, 1971, $30,000,000 for the fiscal year ending June 30, 1972, and $40,000,000 for the fiscal year ending June 30, 1973”; (4) by inserting “(1)(A)” immediately after “(b)”; and (5) by adding after and below the existing language contained therein the following: “(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 lie 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 pl aiming 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.”

46. 1970

    Pub. L. 91–515 § 240 · 84 Stat. 1297

    Changed · 42 U.S.C. § 246(c)

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

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 240. Section 314(c) of the Public Health Service Act is 80 Stat. 1183; 81 Stat. 533. 42 USC 246. amended— (1) by striking out, in the first sentence thereof, “June 30, 1970” and inserting in lieu thereof “June 30, 1973”; and (2) by striking out, in the second sentence thereof, “and $7,500,000 for the fiscal year ending June 30, 1970” and inserting in lieu thereof the following: “$7,500,000 for the fiscal year ending June 30, 1970, $8,000,000 for the fiscal year ending June 30, 1971, $10,000,000 for the fiscal year ending June 30, 1972, and $12,000,000 for the fiscal year ending June 30, 1973”.

47. 1970

    Pub. L. 91–515 § 250(a) · 84 Stat. 1297

    Changed · 42 U.S.C. § 246(d)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (a) Section 314(d)(1) of the Public Health Service Act is amended by striking out “and $100,000,000 for the fiscal year ending June 30, 1970” and inserting in lieu thereof “$100,000,000 for the fiscal year ending June 30, 1970, $130,000,000 for the fiscal year ending June 30, 1971, $145,000,000 for the fiscal year ending June 30, 1972, and $105,000,000 for the fiscal year ending June 30, 1973”.

48. 1970

    Pub. L. 91–515 § 250(b) · 84 Stat. 1297

    Inserted · 42 U.S.C. § 246(d)(2)(C)

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

    Source evidence

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

    Enacted provision · exact public law section
    (b) Section 314(d)(2)(C) of such Act is amended (1) by striking out “and (iii)” and inserting in lieu thereof “(iii)” and (2) by inserting before the semicolon at the end thereof the following: “; and (iv) the plan is compatible with the total health program of the State”.

49. 1970

    Pub. L. 91–515 § 260(a) · 84 Stat. 1297

    Inserted · 42 U.S.C. § 246(e)

    Pub. L. 91–515, § 260(a), (b), (c)(1), inserted provisions authorizing appropriations for fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, 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

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 91–515, § 260(a), (b), (c)(1), inserted provisions authorizing appropriations for fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, 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.

    Enacted provision · exact public law section
    (a) Section 314(e) of the Public Health Service Act is amended by striking out “and” immediately after “June 30, 1969,” and by inserting after “June 30, 1970,” the following: “$109,500,000 for the fiscal year ending June 30, 1971, $135,000,000 for the fiscal year ending June 30, 1972, and $157,000,000 for the fiscal year ending June 30, 1973,”.

50. 1970

    Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act. of 1970

    Pub. L. 91–616 title III § 331 · 84 Stat. 1847

    Added · 42 U.S.C. § 246(d)(2)(L)

    Pub. L. 91–616 added subpar. (L)

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 331. comprehensive state health plans Section 314(d)(2) of the Public Health Service Act is Ante, p. 1241. amended— (1) by striking out “and” at the end of subparagraph (J); (2) by striking out the period at the end of subparagraph (K) and inserting in lieu thereof “; and”; and (3) by adding after subparagraph (K) the following new subparagraph: “(L) provide for services for the prevention and treatment of alcohol abuse and alcoholism, commensurate with the extent of the problem.”

51. 1978

    Pub. L. 95–454 title VI § 602(c) · 92 Stat. 1111

    1. Amended · 42 U.S.C. § 246(f)

       Pub. L. 95–454 designated existing provisions of section 403 of Pub. L. 91–648 (see 1971 Amendment note below) as subsec. (a) thereof

    2. Repealed · 42 U.S.C. § 246(f)

       Pub. L. 95–454 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

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 95–454 designated existing provisions of section 403 of Pub. L. 91–648 (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.

    Enacted provision · exact public law section
    (c) Section 403 of such Act (84 Stat. 1925) is amended by inserting “(a)” after “403.”, and by adding at the end thereof the following new subsection: “(b) Effective beginning on the effective date of the Civil Service Reform Act of 1978, the provisions of section 314(f) of the Public Health Service Act (42 U.S.C. 246(f)) applicable to commissioned officers of the Public Health Service Act are hereby repealed.”.

52. 1971

    Intergovernmental Personnel Act of 1970

    Pub. L. 91–648 § 403(a) · 84 Stat. 1909

    1. Amended · 42 U.S.C. § 246(f)

       Pub. L. 91–648, § 403(a), as amended by Pub. L. 94–454, § 602(c)

    2. Repealed · 42 U.S.C. § 246(f)

       Pub. L. 91–648, § 403(a), as 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

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 91–648, § 403(a), as amended by Pub. L. 94–454, § 602(c), 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.

    Enacted provision · exact public law section
    Sec. 403. repeal of special authorities The Act of August 2, 1956, as amended (7 U.S.C. 1881–1888), section 553 of the Act of April 11, 1965 as amended (20 U.S.C. 70 Stat. 934. 867), and section 314(f) of the Public Health Service Act (42 U.S.C. Ante, p. 142. 20 USC 869b. 80 Stat. 1181. 246(f)) (less applicability to commissioned officers of the Public Health Service) are hereby repealed.

53. 1972

    Drug Abuse Office and Treatment Act of 1972

    Pub. L. 92–255 title IV § 403(a) · 86 Stat. 65

    Changed · 42 U.S.C. § 246(d)(2)(K)

    Pub. L. 92–255 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

    Source evidence

    Code amendment note
    Subsec. (d)(2)(K). Pub. L. 92–255 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.

    Enacted provision · exact public law section
    (a) Section 314(d) (2) (K) of the Public Health Service Act (42 U.S.C. 246(d) (2) (K)) is amended by inserting after “problem” the 84 Stat. 1241. following: “, and include provisions for (i) licensing or accreditation of facilities in which treatment and rehabilitation programs are conducted for persons with drug abuse and other drug dependence problems, and (ii) expansion of State mental health programs in the field of drug abuse and drug dependence and of other prevention and treatment programs in such field”.

54. 1973

    Health Programs Extension Act of 1973

    Pub. L. 93–45 § 106(a)(1) · 87 Stat. 91

    Changed · 42 U.S.C. § 246(a)(1)

    Pub. L. 93–45, § 106(a)(1), authorized appropriations of $10,000,000 for fiscal year ending June 30, 1974

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 93–45, § 106(a)(1), authorized appropriations of $10,000,000 for fiscal year ending June 30, 1974.

    Enacted provision · exact public law section
    (1) Section 314(a) (1) is amended (A) by striking out “and” after “1972,”, and (B) by inserting after “1973” the following: and $10,000,000 for the fiscal year ending June 30, 1974”.

55. 1973

    Health Programs Extension Act of 1973

    Pub. L. 93–45 § 106(a)(2) · 87 Stat. 91

    Changed · 42 U.S.C. § 246(b)(1)(A)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) Section 314(b)(1)(A) is amended (A) by striking out “and” after “1972,”, and (B) by inserting after “1973” the following: “, and $25,100,000 for the fiscal year ending June 30, 1974”.

56. 1973

    Health Programs Extension Act of 1973

    Pub. L. 93–45 § 106(a)(3) · 87 Stat. 91

    Changed · 42 U.S.C. § 246(c)

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

    Source evidence

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

    Enacted provision · exact public law section
    (3) Section 314(c) is amended (A) by striking out “and” after “1972,”, and (B) by inserting after “1973” the following: “, and $4,700,000 for the fiscal year ending June 30, 1974”.

57. 1973

    Health Programs Extension Act of 1973

    Pub. L. 93–45 § 106(a)(4) · 87 Stat. 91

    Changed · 42 U.S.C. § 246(d)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (4) Section 314(d)(1) is amended (A) by striking out “and” after “1972,”, and (B) by inserting after “1973” the following: “, and $90,000,000 for the fiscal year ending June 30, 1974”.

58. 1973

    Health Programs Extension Act of 1973

    Pub. L. 93–45 § 106(a)(5) · 87 Stat. 91

    Amended · 42 U.S.C. § 246(e)

    Pub. L. 93–45, § 106(a)(5), authorized appropriations of $230,700,000 for fiscal year ending June 30, 1974, 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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 93–45, § 106(a)(5), authorized appropriations of $230,700,000 for fiscal year ending June 30, 1974, 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.

    Enacted provision · exact public law section
    (5) Section 314(e) is amended (A) by striking out “and” after “1972,”, (B) by inserting “and $230,700,000 for the fiscal year ending June 30, 1974,” after “;1973,”, and (C) by adding at the end thereof the following: “No grant may be made under this subsection for the fiscal year ending June 30, 1974, to cover the cost of services described in clause (1) or (2) of the first, sentence if a grant or contract to cover the cost of such services may be made or entered into from funds authorized to be appropriated for such fiscal year under an authorization of appropriations in any provision of this Act (other than this subsection) amended by title I of the Health Ante, p. 91. Programs Extension Act of 1973.”

59. 1973

    Pub. L. 93–151 § 8 · 87 Stat. 565

    Changed · 42 U.S.C. § 246(e)

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

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 8. Section 314 (e) of the Public Health Service Act is amended by inserting at the end thereof the following new paragraph: “No funds appropriated pursuant to the authorization of this subsection shall be available for lead based paint poisoning control of the type authorized under the Lead Based Paint Poisoning Prevention 42 USC 4801 note. Act (84 Stat. 2078).”

60. 1975

    Special Health Revenue Sharing Act of 1075

    Pub. L. 94–63 title I § 102 · 89 Stat. 304

    Substituted · 42 U.S.C. § 246(d)

    Pub. L. 94–63, §§ 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 June 30, 1968 to fiscal year ending June 30, 1975, 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

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 94–63, §§ 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 June 30, 1968 to fiscal year ending June 30, 1975, 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.

    Enacted provision · exact public law section
    Sec. 102. Effective with respect to grants made under section 314(d) 42 USC 246. of the Public Health Service Act from appropriations tinder that section for fiscal years beginning after June 30, 1975, section 314(d) of the Public Health Service Act is amended to read as follows: “(d) (1) From allotments made pursuant to paragraph (4), the Secretary shall make grants to State health and mental health authorities to assist in meeting the costs of providing comprehensive public health services. “(2) No grant may be made under paragraph (1) to the State health or mental health authority of any State unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be submitted in such form and manner and shall contain such information as the Secretary may require, and shall contain or be supported by assurances satisfactory to the Secretary that— “(A) the comprehensive public health services provided within the State will lie provided in accordance with the State plan 42 USC 300m–3. prepared in accordance with section 1024(c) (2) or the State plan approved under section 314(a), whichever is applicable; “(B) funds received under grants under paragraph (1) will (i) be used to supplement and, to the extent practical, to increase the level of non-Federal funds that would otherwise be made available for the purposes for which the grant funds are provided, and (ii) not be used to supplant such non-Federal funds; “(C) the State health authority, and, with respect to mental health activities, the State mental health authority will— “(i) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds received under grants under paragraph (1); “(ii) from time to time, but not less often than annually, report to the Secretary (through a uniform national reporting system and by such categories as the Secretary may prescribe) a description of the comprehensive public health services provided in the State in the fiscal year for which the grant applied for is made and the amount of funds obligated in such fiscal year for the provision of each such category of services; and “(iii) make such reports (in such form and containing Reports and recordkeeping. such information as the Secretary may prescribe) as the Secretary may reasonably require, and keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness of, and to verify, such reports; “(D) the State mental health authority will— State mental health plan. “(i) establish and carry out a plan which— “(I) is designed to eliminate inappropriate placement in institutions of persons with mental health problems, to insure the availability of appropriate noninstitutional services for such persons, and to improve the quality of care for those with mental health problems for whom institutional care is appropriate; and “(II) shall include fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) to protect the interests of employees affected by actions described in subclause (I), including arrangements designed to preserve employee rights and benefits and to provide training and retraining of such employees where necessary and arrangements under which maximum efforts will be made to guarantee the employment of such employees; “(ii) prescribe and provide for the enforcement of mini-mum standards for the maintenance and operation of mental health programs and facilities (including community mental health centers) with the State; and “(iii) provide for assistance to courts and other public agencies and to appropriate private agencies to facilitate (I) screening by community mental health centers (or, if there are no such centers, other appropriate entities) of residents of the State who are being considered for inpatient care in a mental health facility to determine if such care is necessary, and (II) provision of follow up care by community mental health centers (or if there are no such centers, by other appropriate entities) for residents of the State who have been discharged from mental health facilities, “(3) The Secretary shall review annually the activities undertaken Annual review. by each State with an approved application to determine if the State complied with the assurances provided with the application. The Secretary may not approve, an application submitted under paragraph (2) if the Secretary determines— “(A) that the State for which the application was submitted did not comply with assurances provided with a prior application under paragraph (2), and “(B) that he cannot be assured that the State will comply with the assurances provided with the application under consideration. “(4) For the purpose of determining the total amount of grants that Allotment of funds. may be made to the State health and mental authorities of each State, the Secretary shall, in each fiscal year and in accordance with regulations, allot the sums appropriated for such year under paragraph (7) among the States on the basis of the population and the financial need of the respective States, The populations of the States shall be determined on the basis of the latest figures for the population of the States available, from the Department of Commerce. “(5) The Secretary shall determine the amount of any grant under paragraph (1); but the amount of grants made in any fiscal year to the public and mental health authorities of any State may not exceed the amount of the State’s allotment available for obligation in such fiscal year. Payments under such grants may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. “(6) In any fiscal year— “(A) not less than 15 per centum of a State’s allotment under paragraph (4) shall be made available only for grants under paragraph (1) to the State’s mental health authority for the provision of mental health services; and “(B) not less than— “(i) 70 per centum of the amount of a State’s allotment which is made available for grants to the mental health authority, and “(ii) 70 per centum of the remainder of the State’s allotment, shall be available only for the provision services in communities of the State. “(7) (A) For payments under grants under paragraph (1) there are authorized to be appropriated $100,000,000 for fiscal year 1976, and $110,000,000 for fiscal year 1977. “(B) For payments under grants under paragraph (1) for establishing and maintaining programs, described in applications under paragraph (2), for the screening, detection, diagnosis, prevention, and referral for treatment of hypertension there are authorized to be appropriated $15,000,000 for fiscal year 1976, and $15,000,000 for fiscal year 1977.”.

61. 1975

    Special Health Revenue Sharing Act of 1075

    Pub. L. 94–63 title I § 102 · 89 Stat. 304

    Struck · 42 U.S.C. § 246(e)

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

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 102. Effective with respect to grants made under section 314(d) 42 USC 246. of the Public Health Service Act from appropriations tinder that section for fiscal years beginning after June 30, 1975, section 314(d) of the Public Health Service Act is amended to read as follows: “(d) (1) From allotments made pursuant to paragraph (4), the Secretary shall make grants to State health and mental health authorities to assist in meeting the costs of providing comprehensive public health services. “(2) No grant may be made under paragraph (1) to the State health or mental health authority of any State unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be submitted in such form and manner and shall contain such information as the Secretary may require, and shall contain or be supported by assurances satisfactory to the Secretary that— “(A) the comprehensive public health services provided within the State will lie provided in accordance with the State plan 42 USC 300m–3. prepared in accordance with section 1024(c) (2) or the State plan approved under section 314(a), whichever is applicable; “(B) funds received under grants under paragraph (1) will (i) be used to supplement and, to the extent practical, to increase the level of non-Federal funds that would otherwise be made available for the purposes for which the grant funds are provided, and (ii) not be used to supplant such non-Federal funds; “(C) the State health authority, and, with respect to mental health activities, the State mental health authority will— “(i) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds received under grants under paragraph (1); “(ii) from time to time, but not less often than annually, report to the Secretary (through a uniform national reporting system and by such categories as the Secretary may prescribe) a description of the comprehensive public health services provided in the State in the fiscal year for which the grant applied for is made and the amount of funds obligated in such fiscal year for the provision of each such category of services; and “(iii) make such reports (in such form and containing Reports and recordkeeping. such information as the Secretary may prescribe) as the Secretary may reasonably require, and keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness of, and to verify, such reports; “(D) the State mental health authority will— State mental health plan. “(i) establish and carry out a plan which— “(I) is designed to eliminate inappropriate placement in institutions of persons with mental health problems, to insure the availability of appropriate noninstitutional services for such persons, and to improve the quality of care for those with mental health problems for whom institutional care is appropriate; and “(II) shall include fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) to protect the interests of employees affected by actions described in subclause (I), including arrangements designed to preserve employee rights and benefits and to provide training and retraining of such employees where necessary and arrangements under which maximum efforts will be made to guarantee the employment of such employees; “(ii) prescribe and provide for the enforcement of mini-mum standards for the maintenance and operation of mental health programs and facilities (including community mental health centers) with the State; and “(iii) provide for assistance to courts and other public agencies and to appropriate private agencies to facilitate (I) screening by community mental health centers (or, if there are no such centers, other appropriate entities) of residents of the State who are being considered for inpatient care in a mental health facility to determine if such care is necessary, and (II) provision of follow up care by community mental health centers (or if there are no such centers, by other appropriate entities) for residents of the State who have been discharged from mental health facilities, “(3) The Secretary shall review annually the activities undertaken Annual review. by each State with an approved application to determine if the State complied with the assurances provided with the application. The Secretary may not approve, an application submitted under paragraph (2) if the Secretary determines— “(A) that the State for which the application was submitted did not comply with assurances provided with a prior application under paragraph (2), and “(B) that he cannot be assured that the State will comply with the assurances provided with the application under consideration. “(4) For the purpose of determining the total amount of grants that Allotment of funds. may be made to the State health and mental authorities of each State, the Secretary shall, in each fiscal year and in accordance with regulations, allot the sums appropriated for such year under paragraph (7) among the States on the basis of the population and the financial need of the respective States, The populations of the States shall be determined on the basis of the latest figures for the population of the States available, from the Department of Commerce. “(5) The Secretary shall determine the amount of any grant under paragraph (1); but the amount of grants made in any fiscal year to the public and mental health authorities of any State may not exceed the amount of the State’s allotment available for obligation in such fiscal year. Payments under such grants may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. “(6) In any fiscal year— “(A) not less than 15 per centum of a State’s allotment under paragraph (4) shall be made available only for grants under paragraph (1) to the State’s mental health authority for the provision of mental health services; and “(B) not less than— “(i) 70 per centum of the amount of a State’s allotment which is made available for grants to the mental health authority, and “(ii) 70 per centum of the remainder of the State’s allotment, shall be available only for the provision services in communities of the State. “(7) (A) For payments under grants under paragraph (1) there are authorized to be appropriated $100,000,000 for fiscal year 1976, and $110,000,000 for fiscal year 1977. “(B) For payments under grants under paragraph (1) for establishing and maintaining programs, described in applications under paragraph (2), for the screening, detection, diagnosis, prevention, and referral for treatment of hypertension there are authorized to be appropriated $15,000,000 for fiscal year 1976, and $15,000,000 for fiscal year 1977.”.

62. 1976

    Health Professions Educational Assistance Act of 1976

    Pub. L. 94–484 title IX § 905(b)(1) · 90 Stat. 2243

    Changed · 42 U.S.C. § 246(g)(4)(B)

    Pub. L. 94–484 defined “State” to include the Northern Mariana Islands

    Source evidence

    Code amendment note
    Subsec. (g)(4)(B). Pub. L. 94–484 defined “State” to include the Northern Mariana Islands.

    Enacted provision · exact public law section
    (1) Sections 314(g)(4)(B), 355(5), 1002(c), 1201(2), 1401 (13), and 1633(1) are amended by inserting “the Northern Mariana 42 USC 246, 263c, 300a, 300d, 300f, 300s–3. 42 USC 247c. Islands,” immediately after “Puerto Rico,” in each such section.

63. 1977

    Health Services Extension Act of 1977

    Pub. L. 95–83 § 302(a) · 91 Stat. 383

    Substituted · 42 U.S.C. § 246(d)(7)(A)

    Pub. L. 95–83, § 302(a), substituted provision for an appropriation authorization for fiscal year ending Sept. 30, 1977, for prior such authorization for fiscal year 1977, and authorized appropriation of $106,750,000 for fiscal year ending Sept. 30, 1978

    Source evidence

    Code amendment note
    Subsec. (d)(7)(A). Pub. L. 95–83, § 302(a), substituted provision for an appropriation authorization for fiscal year ending Sept. 30, 1977, for prior such authorization for fiscal year 1977, and authorized appropriation of $106,750,000 for fiscal year ending Sept. 30, 1978.

    Enacted provision · exact public law section
    (a) Section 314(d)(7)(A) of the Public Health Service Act (relating to authorizations for formula grants to States for comprehensive 42 USC 246. public health services) is amended (1) by striking out “and” after “1976,”, and (2) by striking out “for fiscal year 1977” and inserting in lieu thereof the following: “for the fiscal year ending September 30, 1977, and $106,750,000 for the fiscal year ending September 30, 1978”.

64. 1977

    Health Services Extension Act of 1977

    Pub. L. 95–83 § 302(b) · 91 Stat. 383

    Substituted · 42 U.S.C. § 246(d)(7)(B)

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

    Source evidence

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

    Enacted provision · exact public law section
    (b) Section 314(d)(7)(B) of such Act (relating to authorizations for grants for hypertension programs) is amended (1) by striking out “and” after “1976,”, and (2) by striking out “for fiscal year 1977” and inserting in lieu thereof the following: “for the fiscal year ending September 30, 1977, and $12,680,000 for the fiscal year ending September 30, 1978”.

65. 1978

    Community Mental Health Centers Extension Act of 1978

    Pub. L. 95–622 title I § 109 · 92 Stat. 3412

    Substituted · 42 U.S.C. § 246(g)

    Pub. L. 95–622 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

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 95–622 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.

    Enacted provision · exact public law section
    Sec. 109. state mental health programs Subsection (g) of section 314 of the Public Health Service 42 USC 246. Act is amended to read as follows: “State Mental Health Programs “(g) (1) From allotments made pursuant to paragraph (4), the Grants. Secretary shall make grants to State mental health authorities to assist them in meeting the costs of carrying out their functions under title XV of this Act and under section 237 of the Community Mental 42 USC 300k–1. 42 USC 2689t. Health Centers Act and, after September 30, 1979, in meeting the costs of providing mental health services. “(2) No grant may be made under paragraph (1) unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be submitted in such form and manner and shall contain such information as the Secretary may require, and shall contain or be supported by assurances satisfactory to the Secretary that— “(A) the mental health services provided within the State under the grant applied for will be provided in accordance with the State health plan in effect for such State under section 1524(c); 42 USC 300m–3. “(B) funds received under the grant applied for will (i) be used to supplement and, to the extent practical, to increase the level of non-Federal funds that would otherwise be made available for the purposes for which the grant funds are provided, and (ii) not be used to supplant such non-Federal funds; “(C) the State mental health authority will— “(i) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursements of and accounting for funds received under grants under paragraph (1); “(ii) from time to time, but not less often than annually, report to the Secretary (through a uniform national reporting system and by such categories as the Secretary may prescribe) a description of the mental health services provided in the State in the fiscal year for which the grant applied for is made and the amount of funds obligated in such fiscal year for the provision of each such category of services; and “(iii) make such reports (in such form and containing such information as the Secretary may prescribe) as the Secretary may reasonably require, and keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness of, and to verify, such reports; “(D) State mental health authority, duties.42 USC 2689t. the State mental health authority will— “(i) perform the duties prescribed by section 237 of the Community Mental Health Centers Act; “(ii) Reports. prescribe and provide for the enforcement of minimum standards for the maintenance and operation of mental health programs and facilities (including community mental health centers) within the State; “(iii) provide for assistance to courts and other public agencies and to appropriate private agencies to facilitate (I) screening by community mental health centers (or, if there are no such centers, other appropriate entities) of residents of the State who are being considered for inpatient care in a mental health facility to determine if such care is necessary, and (II) provision of followup care by community mental health centers (or, if there are no such centers, by other appropriate entities) for residents of the State who have been discharged from mental health facilities; and “(iv) establish and carry out a plan which— “(I) is designed to eliminate inappropriate placement in institutions of persons with mental health problems, to insure the availability of appropriate noninstitutional services for such persons, and to improve the quality of care for those with mental health problems for whom institutional care is appropriate, and “(II) Consultation with Labor Secretary. shall include fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) to protect the interests of employees affected by actions described in subclause (I), including arrangements designed to preserve employee rights and benefits and to provide training and retraining of such employees where necessary and arrangements under which maximum effort will be made to guarantee the employment of such employees. “(3) State authority, annual review of activities. (A) The Secretary shall review annually the activities undertaken by each State mental health authority with an approved application to determine if it complied with the assurances provided with the application. The Secretary may not approve an application submitted under paragraph (2) if the Secretary determines— “(i) the State for which the application was submitted did not comply with assurances provided with a prior application under paragraph (2), and “(ii) he cannot be assured that the State will comply with the assurances provided with the application under consideration. “(B) Whenever the Secretary, after reasonable notice and opportunity Grant payments, termination. for a hearing to the State mental health authority of a State, finds that, with respect to funds paid to the authority under a giant under paragraph (1), there is a failure to comply substantially with assurances provided under paragraph (2) with respect to the receipt of such grant, the Secretary shall notify the authority that further payments will not be made to it under such grant (or, in his discretion, that further payments will not be made to it from such grant for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Secretary shall make no payment to such authority from such grant, or shall limit payment under such grant to activities in which there is no such failure. “(4) For the purpose of determining the total amount of grants that may be made to the State mental health authorities of each State, the Secretary shall, in each fiscal year and in accordance with regulations, allot the sums appropriated for such year under paragraph (7) among the States on the basis of the population and the financial need of the respective States. The populations of the States shall be determined on the basis of the latest figures for the population of the States available from the Department of Commerce. “(5) (A) The Secretary shall determine the amount of any grant under paragraph (1); but the amount of grants made in any fiscal year to the mental health authorities of any State may not exceed the amount of the State’s allotment available for obligation in such fiscal year. Payments under such grants may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. “(B) The Secretary, at the request of a State mental health authority, may reduce the amount of the grant to the authority under paragraph fl) by— “(i) the fair market value of any supplies or equipment furnished the State mental health authority, and “(ii) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the State mental health authority and the amount of any other costs incurred in connection with the detail of such officer or employee, when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of the State mental health authority and for the purpose of carrying out any project with respect to which its grant under paragraph (1) is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such grant is based, and such amount shall be deemed as part of the grant and shall be deemed to have been paid to the State mental health authority. “(6) In any fiscal year not less than 70 per centum of the amount of a State’s grant shall be available only for the provision of mental health services and for the conduct of mental health planning activities in communities of the State. “(7) For the purpose of making grants under this subsection there Appropriation authorization. are authorized to be appropriated $5,000,000 for the fiscal year ending September 30, 1979, $20,000,000 for the fiscal year ending September 30, 1980, and $25,000,000 for the fiscal year ending September 30, 1981. “(8) Regulations (including substantive amendments to regula Regulations. -tions) under this subsection shall be promulgated by the Secretary after consultation with a conference of State mental health authorities. The Secretary shall consult with such conference before the publication of proposals for such regulations or amendments.”.

66. 1978

    Health Services Extension Act of 1978

    Pub. L. 95–626 § 201(b)(2) · 92 Stat. 3551

    Changed · 42 U.S.C. § 246(d)

    Pub. L. 95–626, § 201(b)(2), 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 Sept. 30, 1980, and $170,000,000 for fiscal year ending Sept. 30, 1981

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–626, § 201(b)(2), 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 Sept. 30, 1980, and $170,000,000 for fiscal year ending Sept. 30, 1981.

    Enacted provision · exact public law section
    (2) 42 USC 246. Effective October 1, 1979, section 314(d) is amended to read as follows: “(d) “comprehensive public health services (1) The Secretary shall make grants to State health authorities Grants. to assist in meeting the costs of providing comprehensive public health services. “(2) No grant may be made under paragraph (1) to the State Application. health authority of any State unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be submitted in such form and manner and shall contain such information as the Secretary may require, and shall contain or be supported by assurances satisfactory to the Secretary that— “(A) the comprehensive public health services which will be provided within the State with funds under a grant under paragraph (1) will be provided in accordance with the State health plan in effect under section 1524(c); 42 USC 300m–3. “(B) funds received under grants under paragraph (1) will— “(i) be used to supplement the level of non-Federal funds that would otherwise be made available for the comprehensive public health services for which the grant funds are provided, and “(ii) not be used to supplant such non-Federal funds, except that the Secretary may in exceptional circumstances waive clause (i) or (ii) or both clauses; “(C) the State health authority for which the application is submitted will— “(i) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds received under grants under paragraph (1); “(ii) from time to time, as prescribed by the Secretary, report to the Secretary (through a uniform national reporting system and by such categories as the Secretary may prescribe) a description of the comprehensive public health services provided in the State in the fiscal year for which the grant applied for is made and the amount and source of funds expended in that fiscal year and in the preceding fiscal year for the provision of each such category of services; and “(iii) make such other reports (in such form and containing such information as the Secretary may prescribe) as the Secretary may reasonably require and keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness of, and to verify, such reports; and “(D) the State health authority for which the application is submitted will have in effect a method satisfactory to the Secretary which will assure equitable distribution of funds under grants under paragraph (1) among State and local public health entities within the State which have made expenditures which may be used under paragraph (4) to compute the amount of such grants and which method provides that within the limit of the amount of funds received by the State health authority under such grants— “(i) each local public health entity which makes such expenditures shall receive from such funds in the fiscal year for which grants are made an amount which is equal to the lesser of— “(I) the product of the total amount of such expenditures in such fiscal year and the applicable grant computation percentage, or “(II) the product of $1.50 and the population of the area served by such entity (as such population and area may be determined pursuant to guidelines established by the Secretary); and “(ii) amounts which a local public health entity would receive under clause (i) (I) which are in excess of the applicable amount computed under clause (i) (II) shall be distributed for comprehensive public health services within communities which have the greatest need for such services as determined by the State health authority pursuant to guidelines established by the Secretary. “Applicable grant computation percentage.” For purposes of subparagraph (D) (i) (I), the term ‘applicable grant computation percentage’ means the percentage applicable under paragraph (4) (A) (i) (II) to the computation of the amount of a grant under paragraph (1). “(3) Annual review. (A) The Secretary shall review annually the activities undertaken by each State health authority with an approved application under this subsection to determine if the authority complied with the assurances provided with the application. The Secretary may not approve an application submitted under paragraph (2) if the Secretary determines— “(i) that the State health authority for which the application was submitted did not comply with assurances provided with a prior application under paragraph (2), and “(ii) that he cannot be assured that the authority will comply with the assurances provided with the application under consideration. “(B) Whenever the Secretary, after reasonable notice and opportunity for a hearing to the State health authority of a State, finds that, with respect to funds paid to the authority under a grant under paragraph (1). there is a failure to comply with assurances provided under paragraph (2) with respect to the receipt of such grant, the Secretary shall notify the authority that further payments will not be made to it under such grant (or in his discretion that further payments will not be made to it from such grant for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Secretary shall make no payment to such authority from such grant or shall limit payment under such grant to activities in which there is no such failure. “(4) (A) The total amount of grants received by a State health authority under paragraph (1) in any fiscal year shall be the greater of the amount determined under clause (i) or (ii) as follows: “(i) The total amount of grants to a State health authority in a fiscal year shall be the lesser of— “(I) an amount determined by the Secretary which may not be less than the product, of $1.00 and the population of the State served by such authority or more than the product of $1.50 and such population, or “(II) in the case of the fiscal year ending September 30, 1980,10 percent of the amount of State and local expenditures for comprehensive public health services within the State in the State’s fiscal year which ended on or before July 1, 1979, in the case of the fiscal year ending September 30, 1981, 15 percent of the amount of such expenditures in the State’s fiscal year which ended on or before July 1, 1980, and in the case of the fiscal year ending September 30, 1982, 20 percent of the amount of such expenditures in the State’s fiscal year which ended on or before July 1, 1981. In determining the amount of a grant to a State health authority under subclause (I), the Secretary shall take into account the financial need of such State and the level of State and local expenditures for comprehensive public health services (as defined in subparagraph (C)). In determining the financial need of a State, the Secretary shall consider, as major factors, the proportion of the State’s population whose income level is below the poverty income level established by the Secretary and the proportion of its population which is living in medical underserved areas. “(ii) The total amount of grants to a State health authority in a fiscal year may not be less than the greater of— “(I) the total amount of grants received by such authority under paragraph (1) for the fiscal year ending September 30, 1979, or “(II) the product of $1 and the population of the State served by such authority. Notwithstanding clauses (i) and (ii), if for any fiscal year the amount appropriated for that fiscal year under paragraph (6) is less than the amount needed to make grants in that fiscal year in accordance with such clauses to all State health authorities with approved applications, the total amount of grants in that fiscal year for a State health authority shall not be less than an amount which bears the same ratio to the amounts determined for such authority in accordance with the applicable clause as the amount appropriated under such paragraph bears to the amount needed to make grants in accordance with such clauses in such fiscal year to all State health authorities with approved applications. “(B) The Secretary, at the request of a State health authority, may reduce the amount of the grants to it under paragraph (1), “(i) tire fair market value of any supplies (including vaccines and other prevention agents) or equipment furnished the State health authority, and “(ii) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the State health authority and the amount of any other costs incurred in connection with the detail of such officer or employee, when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of the State health authority and for the purpose of carrying out a program with respect to which its grant under paragraph (1) is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such grant is based, and such amount shall be deemed as part of the grant and shall be deemed to have been paid to the State health authority. “(C) For purposes of subparagraph (A)(i)(II), the term ‘State "State and local expenditures for comprehensive public health services." and local expenditures for comprehensive public health services’ means expenditures by State and local public health authorities for public health services designated by the Secretary, but excludes expenditures by such authorities— “(i) specifically required by Federal statutory law as a condition to the receipt of Federal financial assistance, or “(ii) for operating inpatient care facilities, construction, or mental health programs. “(D) For purposes of subparagraph (A) and paragraph (2)(D), populations shall be determined on the basis of the latest figures available from the Department of Commerce. “(5) The Secretary may make payments under grants under paragraph (1) on the basis of such estimates and in such installments as appropriate with adjustments for any previous overpayments or underpayments. “(6) Appropriation authorization. (A) For the purpose of making grants under this subsection there are authorized to be appropriated $150,000,000 for the fiscal year ending September 30, 1980, and $170,000,000 for the fiscal year ending September 30, 1981. “(B) Of the amount appropriated under subparagraph (A) for any fiscal year, the Secretary shall obligate not more than $1,000,000 for the uniform national health program reporting system referred to in paragraph (2) (C) (ii). “(7) Regulations.Consultation. Regulations (including substantive amendments to regulations) under this subsection shall be promulgated by the Secretary after consultation with a conference of State health authorities. The Secretary shall consult with such conference prior to the publication of proposals for such regulations or amendments.”.

67. 1978

    Health Services Extension Act of 1978

    Pub. L. 95–626 § 201(a)(1) · 92 Stat. 3551

    Inserted · 42 U.S.C. § 246(d)(7)(A)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) Section 314(d) (7) (A) is amended by striking out “and” after “1977,” and inserting before the period a comma and the following: “and $103,000,000 for the fiscal year ending September 30, 1979”.

68. 1978

    Health Services Extension Act of 1978

    Pub. L. 95–626 § 201(a)(2) · 92 Stat. 3551

    Inserted · 42 U.S.C. § 246(d)(7)(B)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) Section 314(d) (7) (B) is amended by striking out “and” after “1977,” and inserting before the period a comma and the following: “and $20,000,000 for the fiscal year ending September 30, 1979”.

69. 1979

    Pub. L. 96–32 § 6(e) · 93 Stat. 82

    Substituted · 42 U.S.C. § 246(d)(2)(C)(ii)

    Pub. L. 96–32, § 6(e), substituted “uniform national health program reporting system” for “uniform national reporting system”

    Source evidence

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

    Enacted provision · exact public law section
    (e) In paragraph (2)(C)(ii) of the amendment to section 314(d) of the Public Health Service Act made by section 201(b)(2) of such Amendments strike out “uniform national reporting system” and insert in 92 Stat. 3570. 42 USC 246. lieu thereof “uniform national health program reporting system”.

70. 1979

    Pub. L. 96–32 § 6(f) · 93 Stat. 82

    1. Substituted · 42 U.S.C. § 246(d)(4)(A)

       Pub. L. 96–32, § 6(f), in provision following subd. (II) of cl. (ii), substituted “the preceding provisions of this subparagraph” for “clauses (i) and (ii)”

    2. Substituted · 42 U.S.C. § 246(d)(4)(A)

       Pub. L. 96–32, § 6(f), in provision following subd. (II) of cl. (ii), substituted “amount” for “amounts”

    3. Inserted · 42 U.S.C. § 246(d)(4)(A)

       Pub. L. 96–32, § 6(f), in provision following subd. (II) of cl. (ii), inserted provision that if the amount appropriated for a fiscal year is equal to or less than the amount appropriated for fiscal year ending Sept. 30, 1979, 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 Sept. 30, 1979, bears to the amount appropriated for that fiscal year

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A). Pub. L. 96–32, § 6(f), 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 Sept. 30, 1979, 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 Sept. 30, 1979, bears to the amount appropriated for that fiscal year.

    Enacted provision · exact public law section
    (f) In the last sentence of paragraph (4)(A) of the amendment to section 314(d) of the Public Health Service Act (42 U.S.C. 246(d)(4)(A)) made by section 201(b)(2) of such Amendments (1) strike out “Notwithstanding clauses (i) and (ii)” and insert in lieu thereof “Notwithstanding the preceding provisions of this subparagraph”, (2) strike out “the amounts determined” and insert in lieu thereof “the amount determined”, and (3) insert before the period a comma and the following: “except that if the amount appropriated for a fiscal year is equal to or less than the amount appropriated for the fiscal year ending September 30, 1979, 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 the appropriations for the fiscal year ending September 30, 1979, bears to the amount appropriated for that fiscal year”.

71. 1979

    Health Planning and Resources Development Amendments of 1979

    Pub. L. 96–79 title I § 115(k)(2) · 93 Stat. 592

    Substituted · 42 U.S.C. § 246(g)(2)(D)(iv)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) Paragraph (2)(D)(iv) of subsection (g) of section 314 of the Public 42 USC 246. Health Service Act is amended by striking out “a plan” and inserting in lieu thereof “a plan which is consistent with the State health plan Supra. in effect for the State under section 1524(c) and”.

72. 1980

    Mental Health Systems Act

    Pub. L. 96–398 title I § 107(d) · 94 Stat. 1564

    Struck · 42 U.S.C. § 246(g)

    Pub. L. 96–398 struck out subsec. (g) which related to application, procedures applicable, amount, etc., for State mental health program grants

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 96–398 struck out subsec. (g) which related to application, procedures applicable, amount, etc., for State mental health program grants.

    Enacted provision · exact public law section
    (d) Effective September 30, 1981, section 314(g) of the Public Health Repeal. 42 USC 246. Service Act is repealed.

73. 1981

    Pub. L. 97–35 title IX § 902(b) · 95 Stat. 357

    Struck · 42 U.S.C. § 246(d)

    Pub. L. 97–35 struck out subsec. (d) which related to grants for services, form, manner, etc., of application, review of activities undertaken, allotments, and authorization of appropriations

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–35 struck out subsec. (d) which related to grants for services, form, manner, etc., of application, review of activities undertaken, allotments, and authorization of appropriations.

    Enacted provision · exact public law section
    (b) Sections 314(d) and subpart III of part D of title III of the Public Health Service Act are repealed. 42 USC 246, 255.

    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.

74. 1985

    Health Services Amendments of 1985

    Pub. L. 99–117 § 12(a) · 99 Stat. 491

    Repealed · 42 U.S.C. § 246(g)

    Pub. L. 99–117 directed that subsec. (g) be repealed. Previously, subsec. (g) was repealed by Pub. L. 96–398. See 1980 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 99–117 directed that subsec. (g) be repealed. Previously, subsec. (g) was repealed by Pub. L. 96–398. See 1980 Amendment note below.

    Enacted provision · exact public law section
    (a) Section 314(g) is repealed. 42 USC 246. 42 USC 247. 42 USC 254a–1. 42 USC 299–299j. 42 USC 300d–4, 300d–6. 42 USC 300aa–4.

75. 1991

    Pub. L. 102–54 § 13(q)(1)(D) · 105 Stat. 267

    1. Substituted · 42 U.S.C. § 246(a)(2)(B)

       Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”

    2. Substituted · 42 U.S.C. § 246(a)(2)(B)

       Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”

    3. Substituted · 42 U.S.C. § 246(a)(2)(B)

       Pub. L. 102–54 substituted “such Department” for “such Administration”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”, “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” and “such Department” for “such Administration”.

    Enacted provision · exact public law section
    (D) Subsection (a)(2)(B) of section 314 (42 U.S.C. 246) is amended— (i) by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”; (ii) by striking out “Administrator of Veterans’ Affairs” and inserting in lieu thereof “Secretary of Veterans Affairs”; and (iii) by striking out “such Administration” and inserting in lieu thereof “such Department”.

73 of 92 references resolved to an enrolled provision · 8 partial · 11 unresolved