Att 1a - Authorizing Legislation

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part B - Federal-State Cooperation
§ 247b. Project grants for preventive health services
(a) Grant authority
The Secretary may make grants to States, and in consultation with State health authorities, to political
subdivisions of States and to other public entities to assist them in meeting the costs of establishing and
maintaining preventive health service programs.
(b) Application
No grant may be made under subsection (a) of this section unless an application therefor has been
submitted to, and approved by, the Secretary. Such an application shall be in such form and be submitted
in such manner as the Secretary shall by regulation prescribe and shall provide—
(1) a complete description of the type and extent of the program for which the applicant is seeking
a grant under subsection (a) of this section;
(2) with respect to each such program
(A) the amount of Federal, State, and other funds obligated by the applicant in its latest
annual accounting period for the provision of such program,
(B) a description of the services provided by the applicant in such program in such period,
(C) the amount of Federal funds needed by the applicant to continue providing such services
in such program, and
(D) if the applicant proposes changes in the provision of the services in such program, the
priorities of such proposed changes, reasons for such changes, and the amount of Federal funds
needed by the applicant to make such changes;
(3) assurances satisfactory to the Secretary that the program which will be provided with funds
under a grant under subsection (a) of this section will be provided in a manner consistent with the
State health plan in effect under section 300m–3 (c) 1 of this title and in those cases where the
applicant is a State, that such program will be provided, where appropriate, in a manner consistent
with any plans in effect under an application approved under section 247 1 of this title;
(4) assurances satisfactory to the Secretary that the applicant will provide for such fiscal control
and fund accounting procedures as the Secretary by regulation prescribes to assure the proper
disbursement of and accounting for funds received under grants under subsection (a) of this section;
(5) assurances satisfactory to the Secretary that the applicant will provide for periodic evaluation
of its program or programs;
(6) assurances satisfactory to the Secretary that the applicant will make such reports (in such form
and containing such information as the Secretary may by regulation 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;
(7) assurances satisfactory to the Secretary that the applicant will comply with any other
conditions imposed by this section with respect to grants; and
(8) such other information as the Secretary may by regulation prescribe.
(c) Approval; annual project review
(1) The Secretary shall not approve an application submitted under subsection (b) of this section
for a grant for a program for which a grant was previously made under subsection (a) of this section
unless the Secretary determines—

-1-

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(A) the program for which the application was submitted is operating effectively to achieve
its stated purpose,
(B) the applicant complied with the assurances provided the Secretary when applying for
such previous grant, and
(C) the applicant will comply with the assurances provided with the application.
(2) The Secretary shall review annually the activities undertaken by each recipient of a grant
under subsection (a) of this section to determine if the program assisted by such grant is operating
effectively to achieve its stated purposes and if the recipient is in compliance with the assurances
provided the Secretary when applying for such grant.
(d) Amount of grant; payment
The amount of a grant under subsection (a) of this section shall be determined by the Secretary.
Payments under such grants may be made in advance on the basis of estimates or by the way of
reimbursement, with necessary adjustments on account of underpayments or overpayments, and in such
installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes
of such grants.
(e) Reduction
The Secretary, at the request of a recipient of a grant under subsection (a) of this section, may reduce
the amount of such grant by—
(1) the fair market value of any supplies (including vaccines and other preventive agents) or
equipment furnished the grant recipient, and
(2) the amount of the pay, allowances, and travel expenses of any officer or employee of the
Government when detailed to the grant recipient 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 such grant recipient and for the purpose of carrying out a
program with respect to which the grant under subsection (a) of this section is made. The amount by
which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred
in furnishing the supplies 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 grant recipient.
(f) Recordkeeping; audit authority
(1) Each recipient of a grant under subsection (a) of this section shall keep such records as the
Secretary shall by regulation prescribe, including records which fully disclose the amount and
disposition by such recipient of the proceeds of such grant, the total cost of the undertaking in
connection with which such grant was made, and the amount of that portion of the cost of the
undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(2) The Secretary and the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access for the purpose of audit and examination to any books,
documents, papers, and records of the recipient of grants under subsection (a) of this section that
are pertinent to such grants.
(g) Use of grant funds; mandatory treatment prohibited
(1) Nothing in this section shall limit or otherwise restrict the use of funds which are granted to
a State or to an agency or a political subdivision of a State under provisions of Federal law (other
than this section) and which are available for the conduct of preventive health service programs
from being used in connection with programs assisted through grants under subsection (a) of this
section.
(2) Nothing in this section shall be construed to require any State or any agency or political
subdivision of a State to have a preventive health service program which would require any person,

-2-

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

who objects to any treatment provided under such a program, to be treated or to have any child
or ward treated under such program.
(h) Reports
The Secretary shall include, as part of the report required by section 300u–4 of this title, a report on
the extent of the problems presented by the diseases and conditions referred to in subsection (j) of
this section; on the amount of funds obligated under grants under subsection (a) of this section in
the preceding fiscal year for each of the programs listed in subsection (j) of this section; and on the
effectiveness of the activities assisted under grants under subsection (a) of this section in controlling
such diseases and conditions.
(i) Technical assistance
The Secretary may provide technical assistance to States, State health authorities, and other public
entities in connection with the operation of their preventive health service programs.
(j) Authorization of appropriations
(1) Except for grants for immunization programs the authorization of appropriations for which
are established in paragraph (2), for grants under subsections (a) and (k)(1) of this section for
preventive health service programs to immunize without charge children, adolescents, and adults
against vaccine-preventable diseases, there are authorized to be appropriated such sums as may be
necessary. Not more than 10 percent of the total amount appropriated under the preceding sentence
for any fiscal year shall be available for grants under subsection (k)(1) of this section for such
fiscal year.
(2) For grants under subsection (a) of this section for preventive health service programs for the
provision without charge of immunizations with vaccines approved for use, and recommended for
routine use, there are authorized to be appropriated such sums as may be necessary.
(k) Additional grants to States, political subdivisions, and other public and nonprofit private
entities
(1) The Secretary may make grants to States, political subdivisions of States, and other public
and nonprofit private entities for—
(A) research into the prevention and control of diseases that may be prevented through
vaccination;
(B) demonstration projects for the prevention and control of such diseases;
(C) public information and education programs for the prevention and control of such
diseases; and
(D) education, training, and clinical skills improvement activities in the prevention and
control of such diseases for health professionals (including allied health personnel).
(2) The Secretary may make grants to States, political subdivisions of States, and other public
and nonprofit private entities for—
(A) research into the prevention and control of diseases and conditions;
(B) demonstration projects for the prevention and control of such diseases and conditions;
(C) public information and education programs for the prevention and control of such
diseases and conditions; and
(D) education, training, and clinical skills improvement activities in the prevention and
control of such diseases and conditions for health professionals (including allied health
personnel).
(3) No grant may be made under this subsection unless an application therefor is submitted to
the Secretary in such form, at such time, and containing such information as the Secretary may
by regulation prescribe.
(4) Subsections (d), (e), and (f) of this section shall apply to grants under this subsection in the
same manner as such subsections apply to grants under subsection (a) of this section.
-3-

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(l) Authority to purchase recommended vaccines for adults
(1) In general
The Secretary may negotiate and enter into contracts with manufacturers of vaccines for the
purchase and delivery of vaccines for adults as provided for under subsection (e).
(2) State purchase
A State may obtain additional quantities of such adult vaccines (subject to amounts specified
to the Secretary by the State in advance of negotiations) through the purchase of vaccines from
manufacturers at the applicable price negotiated by the Secretary under this subsection.
(m) Demonstration program to improve immunization coverage
(1) In general
The Secretary, acting through the Director of the Centers for Disease Control and Prevention,
shall establish a demonstration program to award grants to States to improve the provision
of recommended immunizations for children, adolescents, and adults through the use of
evidence-based, population-based interventions for high-risk populations.
(2) State plan
To be eligible for a grant under paragraph (1), a State shall submit to the Secretary an application at
such time, in such manner, and containing such information as the Secretary may require, including
a State plan that describes the interventions to be implemented under the grant and how such
interventions match with local needs and capabilities, as determined through consultation with
local authorities.
(3) Use of funds
Funds received under a grant under this subsection shall be used to implement interventions that
are recommended by the Task Force on Community Preventive Services (as established by the
Secretary, acting through the Director of the Centers for Disease Control and Prevention) or other
evidence-based interventions, including—
(A) providing immunization reminders or recalls for target populations of clients, patients,
and consumers;
(B) educating targeted populations and health care providers concerning immunizations in
combination with one or more other interventions;
(C) reducing out-of-pocket costs for families for vaccines and their administration;
(D) carrying out immunization-promoting strategies for participants or clients of public
programs, including assessments of immunization status, referrals to health care providers,
education, provision of on-site immunizations, or incentives for immunization;
(E) providing for home visits that promote immunization through education, assessments of
need, referrals, provision of immunizations, or other services;
(F) providing reminders or recalls for immunization providers;
(G) conducting assessments of, and providing feedback to, immunization providers;
(H) any combination of one or more interventions described in this paragraph; or
(I) immunization information systems to allow all States to have electronic databases for
immunization records.
(4) Consideration
In awarding grants under this subsection, the Secretary shall consider any reviews or
recommendations of the Task Force on Community Preventive Services.
(5) Evaluation

-4-

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Not later than 3 years after the date on which a State receives a grant under this subsection, the
State shall submit to the Secretary an evaluation of progress made toward improving immunization
coverage rates among high-risk populations within the State.
(6) Report to Congress
Not later than 4 years after March 23, 2010,1 the Secretary shall submit to Congress a report
concerning the effectiveness of the demonstration program established under this subsection
together with recommendations on whether to continue and expand such program.
(7) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection, such sums as may be necessary
for each of fiscal years 2010 through 2014.

Footnotes
1 See References in Text note below.

(July 1, 1944, ch. 373, title III, § 317, as added Pub. L. 87–868, § 2, Oct. 23, 1962, 76 Stat. 1155;
amended Pub. L. 89–109, § 2, Aug. 5, 1965, 79 Stat. 435; Pub. L. 91–464, § 2, Oct. 16, 1970, 84 Stat.
988; Pub. L. 92–449, title I, § 101, Sept. 30, 1972, 86 Stat. 748; Pub. L. 93–354, § 4, July 23, 1974, 88
Stat. 376; Pub. L. 94–63, title VI, § 601, July 29, 1975, 89 Stat. 346; Pub. L. 94–317, title II, § 202(a),
June 23, 1976, 90 Stat. 700; Pub. L. 94–380, § 2, Aug. 12, 1976, 90 Stat. 1113; Pub. L. 95–626, title II,
§§ 202, 204 (b)(2), Nov. 10, 1978, 92 Stat. 3574, 3583; Pub. L. 96–32, § 6(i), July 10, 1979, 93 Stat. 83;
Pub. L. 97–35, title IX, § 928, Aug. 13, 1981, 95 Stat. 569; Pub. L. 98–555, § 2, Oct. 30, 1984, 98 Stat.
2854; Pub. L. 99–117, § 11(c), Oct. 7, 1985, 99 Stat. 495; Pub. L. 100–177, title I, §§ 110(a), 111, Dec.
1, 1987, 101 Stat. 990, 991; Pub. L. 101–368, § 2, Aug. 15, 1990, 104 Stat. 446; Pub. L. 101–502, § 2(a),
Nov. 3, 1990, 104 Stat. 1285; Pub. L. 103–183, title III, § 301(b), Dec. 14, 1993, 107 Stat. 2235; Pub. L.
105–392, title III, § 303, Nov. 13, 1998, 112 Stat. 3586; Pub. L. 106–310, div. A, title XVII, § 1711, Oct.
17, 2000, 114 Stat. 1152; Pub. L. 111–148, title IV, § 4204(a)–(c), Mar. 23, 2010, 124 Stat. 571, 572.)
References in Text
Section 300m–3 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 99–660, title VII, § 701(a), Nov.
14, 1986, 100 Stat. 3799.
Section 247 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 99–117, § 12(b), Oct. 7, 1985, 99 Stat. 495.
March 23, 2010, referred to in subsec. (m)(6), was in the original “the date of enactment of the Affordable Health
Choices Act”, and was translated as meaning the date of enactment of the Patient Protection and Affordable Care Act,
Pub. L. 111–148, to reflect the probable intent of Congress. No act named the “Affordable Health Choices Act” has
been enacted.

Amendments
2010—Subsec. (j)(1). Pub. L. 111–148, § 4204(c)(1), struck out “for each of the fiscal years 1998 through 2005” after
“necessary”.
Subsec. (j)(2). Pub. L. 111–148, § 4204(c)(2), struck out “after October 1, 1997,” after “routine use,”.
Subsecs. (l), (m). Pub. L. 111–148, § 4204(a), (b), added subsecs. (l) and (m).
2000—Subsec. (j)(1). Pub. L. 106–310 substituted “1998 through 2005” for “1998 through 2002” in first sentence.
1998—Subsec. (j)(1). Pub. L. 105–392, § 303(1), substituted “children, adolescents, and adults against
vaccine-preventable diseases, there are authorized to be appropriated such sums as may be necessary for each of the
fiscal years 1998 through 2002.” for “individuals against vaccine-preventable diseases, there are authorized to be
appropriated $205,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992
through 1995.”
Subsec. (j)(2). Pub. L. 105–392, § 303(2), substituted “1997” for “1990”.
1993—Subsec. (j). Pub. L. 103–183, § 301(b)(1), redesignated subpars. (A) and (B) of par. (1) as pars. (1) and (2),
respectively, substituted “established in paragraph (2)” for “established in subparagraph (B)” in par. (1), and struck

-5-

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

out former par. (2), which read as follows: “For grants under subsection (a) of this section for preventive health service
programs for the prevention, control, and elimination of tuberculosis, and for grants under subsection (k)(2) of this
section, there are authorized to be appropriated $24,000,000 for fiscal year 1988, $31,000,000 for fiscal year 1989,
$36,000,000 for fiscal year 1990, $36,000,000 for fiscal year 1991, and such sums as may be necessary for each of
the fiscal years 1992 through 1995. Not more than 10 percent of the total amount appropriated under the preceding
sentence for any fiscal year shall be available for grants under subsection (k)(2) of this section for such fiscal year.”
Subsec. (k)(2). Pub. L. 103–183, § 301(b)(2)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which
read as follows: “The Secretary may make grants to States, political subdivisions of States, and other public and
nonprofit private entities for—
“(A) research into the prevention, control, and elimination of tuberculosis, especially research concerning strains of
tuberculosis resistant to drugs and research concerning cases of tuberculosis that affect certain populations;
“(B) demonstration projects for the prevention, control, and elimination of tuberculosis;
“(C) public information and education programs for prevention, control, and elimination of tuberculosis; and
“(D) education, training, and clinical skills improvement activities in the prevention, control, and elimination of
tuberculosis for health professionals, including allied health personnel.”
Subsec. (k)(3). Pub. L. 103–183, § 301(b)(2)(B), redesignated par. (4) as (3). Former par. (3) redesignated (2).
Subsec. (k)(4), (5). Pub. L. 103–183, § 301(b)(2)(B), (C), redesignated par. (5) as (4) and made technical amendments
to references to subsections (d), (e), and (f) of this section and subsection (a) of this section, to reflect change in
references to corresponding provisions of original act. Former par. (4) redesignated (3).
Subsec. (l). Pub. L. 103–183, § 301(b)(3), struck out subsec. (l) which related to establishment and function of Advisory
Council for the Elimination of Tuberculosis.
1990—Subsec. (j)(1)(A). Pub. L. 101–502, § 2(a)(1), substituted provisions authorizing appropriations for fiscal years
1991 through 1995 for provisions authorizing appropriations for fiscal years 1988 through 1990.
Subsec. (j)(1)(B). Pub. L. 101–502, § 2(a)(2), substituted Oct. 1, 1990, for Dec. 1, 1987, and provisions authorizing
appropriations as may be necessary for provisions authorizing appropriations for fiscal years 1988 to 1990.
Subsec. (j)(1)(C). Pub. L. 101–502, § 2(a)(3), struck out subpar. (C) which, on the implementation of part 2 of
subchapter XIX of this chapter, authorized appropriations for grants under subsec. (a) of this section for fiscal years
1988 to 1990.
Subsec. (j)(2). Pub. L. 101–368, § 2(c), inserted provisions authorizing appropriations of $36,000,000 for fiscal year
1991, and such sums as may be necessary for fiscal years 1992 through 1995.
Pub. L. 101–368, § 2(a)(1), substituted “preventive health service programs for the prevention, control, and elimination
of tuberculosis” for “preventive health service programs for tuberculosis”.
Subsec. (k)(2)(A) to (D). Pub. L. 101–368, § 2(a)(2), substituted “prevention, control, and elimination” for “prevention
and control”.
Subsec. (l). Pub. L. 101–368, § 2(b), added subsec. (l).
1987—Subsec. (j). Pub. L. 100–177, §§ 110(a), 111 (a), amended subsec. (j) generally, substituting provisions
authorizing appropriations for fiscal years 1988 to 1990 for grants under subsecs. (a) and (k) of this section for former
provisions authorizing appropriations for fiscal years 1982 to 1987 for grants under subsec. (a) of this section.
Subsec. (k). Pub. L. 100–177, § 111(b), added subsec. (k).
1985—Subsec. (j). Pub. L. 99–117 amended directory language of Pub. L. 97–35, § 928(b), to correct a technical error.
See 1981 Amendment note below.
1984—Subsec. (j)(1). Pub. L. 98–555, § 2(a), substituted “immunize individuals against vaccine-preventable diseases”
for “immunize children against immunizable diseases” and inserted provisions authorizing appropriations for fiscal
years ending Sept. 30, 1985, 1986, and 1987.
Subsec. (j)(2). Pub. L. 98–555, § 2(b), inserted provisions authorizing appropriations for fiscal years ending Sept. 30,
1985, 1986, and 1987.
1981—Subsec. (a). Pub. L. 97–35, § 928(a), struck out par. (1) which related to grants to State health authorities, and
redesignated par. (2) as entire section and, as so redesignated, struck out reference to former par. (1).
Subsec. (j). Pub. L. 97–35, § 928(b), as amended by Pub. L. 99–117, substituted provisions authorizing appropriations
for fiscal years ending Sept. 30, 1982, 1983, and 1984, for provisions setting forth appropriations through fiscal year
ending Sept. 30, 1981, and provisions setting forth limitations, conditions, etc., for appropriations.

-6-

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

1979—Subsec. (j)(4), (5). Pub. L. 96–32 added par. (4), redesignated former par. (4) as (5) and, in par. (5) as so
redesignated, substituted “paragraph (1), (2), (3), or (4)” for “paragraph (1), (2), or (3)”.
1978—Pub. L. 95–626, § 202, amended section generally, substituting provisions relating to project grants for
preventive health services for provisions relating to grants for disease control programs.
Subsec. (g)(2). Pub. L. 95–626, § 204(b)(2), struck out “Except as provided in section 247c of this title,” before “No
funds appropriated under any provision of this chapter”.
1976—Pub. L. 94–317 amended section generally to include many non-communicable diseases as well as expanding
coverage of communicable diseases, increased appropriations for grants, widened scope of Secretary’s authority to
make grants and enter into contracts to include nonprofit private entities, and required a report from the Secretary on the
effectiveness of all Federal and other public and private activities in controlling the diseases covered under this section.
Subsecs. (j) to (l). Pub. L. 94–380 added subsecs. (j) to (l).
1975—Subsec. (d)(3). Pub. L. 94–63, § 601(b), inserted authorization of appropriation for fiscal year 1976.
Subsec. (h)(1). Pub. L. 94–63, § 601(a), inserted reference to diseases borne by rodents.
1974—Subsec. (a). Pub. L. 93–354, § 4(1)–(3), substituted “communicable and other disease control” for
“communicable disease control”, “communicable and other diseases” for “communicable diseases”, and
“communicable and other disease control program” for “communicable disease program”.
Subsec. (b)(2)(C). Pub. L. 93–354, § 4(1), (4), substituted “communicable or other disease” for “communicable
disease” in cl. (i) and “communicable and other disease control” for “communicable disease control” in cl. (ii).
Subsecs. (b)(3), (d)(1), (2), (3), (f)(1). Pub. L. 93–354, § 4(1), substituted “communicable and other disease control”
for “communicable disease control”.
Subsec. (h)(1). Pub. L. 93–354, § 4(1), (5), substituted “communicable and other disease control” for “communicable
disease control” in two places and inserted reference to diabetes mellitus.
Subsec. (i). Pub. L. 93–354, § 4(1), substituted “communicable and other disease control” for “communicable disease
control”.
1972—Subsec. (a). Pub. L. 92–449 substituted provision for grants by the Secretary in consultation with the State
health authority to agencies and political subdivisions of States, for former provision for grants by the Secretary with
the approval of the State health authority to political subdivisions or instrumentalities of States, incorporated existing
provisions in provision designated as cl. (1), inserting “, in the area served by the applicant for the grant,”, substituted
a cl. (2) reading “design of the applicant’s communicable disease program to determine its effectiveness”, for former
provision reading “levels of performance in preventing and controlling such diseases”, struck out appropriations
authorization of $75,000,000 and $90,000,000 for fiscal years ending June 30, 1971, and 1972, now covered for
subsequent years in subsec. (d), and struck out provision for use of grants to meet cost of studies to determine the
control needs of communities and the means of best meeting such needs, now covered in subsec. (h)(1) of this section.
Subsec. (b). Pub. L. 92–449 substituted provisions of par. (1) respecting applications for grants, submission, approval,
form, and content of applications; par. (2) respecting application requirements; and par. (3) incorporating former
subsec. (g) provisions respecting consent of individuals for former definitions provision now incorporated in subsec.
(h) of this section.
Subsec. (c). Pub. L. 92–449 designated existing provisions as par. (1) and among minor punctuation changes inserted
“under grants” after “Payments”; and redesignated former subsec. (d) as par. (2), inserted “of the Government” after
“officer or employee”, substituted “in detailing the personnel” for “personal services”, and struck out provision that
reduced amount shall, for purposes of subsec. (c), be deemed to have been paid to the agency.
Subsec. (d). Pub. L. 92–449 substituted provisions respecting authorization of appropriations and limitation on use of
funds for provisions respecting grant reduction.
Subsec. (e). Pub. L. 92–449 substituted provisions for emergency plan development and authorization of appropriations
for provisions relating to use of funds.
Subsec. (f). Pub. L. 92–449 substituted provisions respecting conditional limitation on use of funds for provisions for
an annual report.
Subsec. (g). Pub. L. 92–449 incorporated former subsec. (f) provisions in introductory text and cl. (3), prescribed a
January 1 submission date, and inserted provisions of cls. (1), (2), and (4). Former subsec. (g) consent of individuals
provision respecting communicable disease control and vaccination assistance were covered in subsec. (b)(3) of this
section and section 247c (h) of this title.
Subsec. (h). Pub. L. 92–449 redesignated former subsec. (b) as (h), substituted in introductory text “this section” for
“this subsection”, and in par. (1) struck out “venereal disease” after “tuberculosis,”, inserted “(other than venereal

-7-

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

disease)” after “other communicable diseases”, and included in definition of “communicable disease control program”
vaccination programs, laboratory services, and control studies.
Subsec. (i). Pub. L. 92–449 redesignated former subsec. (e) as (i), inserted reference to agency of a State, and substituted
“under provisions of Federal law (other than this chapter)” for “under other provisions of this chapter or other Federal
law”.
1970—Subsec. (a). Pub. L. 91–464 authorized appropriation of $75,000,000 for fiscal year ending June 30, 1971, and
$90,000,000 for fiscal year ending June 30, 1972, and made award of grants dependent upon extent of communicable
disease and success of programs and permitted use of grants for meeting cost of programs and studies to control
communicable diseases and struck out reference to purchase of vaccines and use of grants for salaries and expenses
of personnel and to authority of the Surgeon General.
Subsec. (b). Pub. L. 91–464 substituted definitions of “communicable disease control program” and “State” for
definition of “immunization program”.
Subsec. (c). Pub. L. 91–464 substituted reference to Secretary for reference to Surgeon General and struck out
provisions relating to purchasing and furnishing of vaccines and requirement of obtaining assurances from recipients
of grants.
Subsec. (d). Pub. L. 91–464 substituted reference to Secretary for reference to Surgeon General and struck out reference
to Public Health Service.
Subsec. (e). Pub. L. 91–464 struck out reference to title V of the Social Security Act and substituted provisions for the
use of funds for the conduct of communicable disease control programs for provisions for the purchase of vaccine or
for organizing, promoting, conducting, or participating in immunization programs.
Subsecs. (f), (g). Pub. L. 91–464 added subsecs. (f) and (g).
1965—Subsec. (a). Pub. L. 89–109, § 2(a), (b), (d)(1), inserted “and each of the next three fiscal years”, substituted
“any fiscal year ending prior to July 1, 1968” for “the fiscal years ending June 30, 1963, and June 30, 1964”, “tetanus,
and measles” for “and tetanus”, “of preschool age” for “under the age of five years”, and “immunization” for “intensive
community vaccination”, and permitted grants to be used to pay costs in connection with immunization of other
infectious diseases.
Subsec. (b). Pub. L. 89–109, § 2(c), (d)(1), substituted “against the diseases referred to in subsection (a) of this section”
for “against poliomyelitis, diphtheria, whooping cough, and tetanus”, “of preschool age” for “who are under the age
of five years” and “immunization” for “intensive community vaccination” in two places.
Subsec. (c). Pub. L. 89–109, § 2(d)(1), (e), inserted “on the basis of estimates” and “(with necessary adjustments on
account of underpayments or overpayments)” in par. (1), and substituted “immunization” for “intensive community
vaccination” in pars. (2) and (3).

Effective Date of 1978 Amendment
Section 202 of Pub. L. 95–626, as amended by Pub. L. 96–32, § 6(g), July 10, 1979, 93 Stat. 83, provided that the
amendment made by that section is effective Oct. 1, 1978.

Effective Date of 1976 Amendment
Section 202(a) of Pub. L. 94–317 provided that the amendment made by that section is effective with respect to grants
under this section for fiscal years beginning after June 30, 1975.

Effective Date of 1975 Amendment
Section 608 of title VI of Pub. L. 94–63 provided that: “Except as may otherwise be specifically provided, the
amendments made by this title [enacting sections 300c–21 and 300c–22 of this title, amending this section, and enacting
provisions set out as notes under sections 289, 289k–2, and 1395x of this title] and by titles I [amending section 246
of this title and enacting provisions set out as notes under section 246 of this title], II [enacting sections 300a–6a and
300a–8 of this title, amending sections 300 and 300a–1 to 300a–4 of this title, repealing section 3505c of this title, and
enacting provision set out as a note under section 300 of this title], III [enacting sections 2689 to 2689aa of this title,
amending sections 2691 and 2693 to 2696 of this title, and enacting provisions set out as notes under section 2689
of this title], IV [amending sections 218 and 254b of this title and enacting provision set out as a note under section
254b of this title], and V [enacting section 254c of this title and amending section 246 of this title] of this Act shall
take effect July 1, 1975. The amendments made by this title and by such titles to the provisions of law amended by
this title and by such titles are made to such provisions as amended by title VII of this Act [amending sections 246,
254b, 300, 300a–1 to 300a–3 of this title and sections 2681, 2687, 2688a, 2688d, 2688j–1, 2688j–2, 2688l, 2688l–1,
2688n–1, 2688o, and 2688u of this title].”

-8-

42 USC 247b
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Effective Date of 1972 Amendment
Pub. L. 92–449, title I, § 102, Sept. 30, 1972, 86 Stat. 750, provided that: “The amendment made by section 101 of
this title [amending this section] shall apply to grants made under section 317 of the Public Health Service Act [this
section] after June 30, 1972, except that subsection (d) of such section as amended by section 101 [subsec. (d) of this
section] shall take effect on the date of enactment of this Act [Sept. 30, 1972].”

Rule of Construction Regarding Access to Immunizations
Pub. L. 111–148, title IV, § 4204(d), Mar. 23, 2010, 124 Stat. 572, provided that: “Nothing in this section [amending
this section] (including the amendments made by this section), or any other provision of this Act [see Tables for
classification] (including any amendments made by this Act) shall be construed to decrease children’s access to
immunizations.”

Assistance of Administrator of Veterans’ Affairs in Administration of National
Swine Flu Immunization Program of 1976; Claims for Damages
Pub. L. 94–420, § 3, Sept. 23, 1976, 90 Stat. 1301, provided that, in order to assist Secretary of Health, Education,
and Welfare in carrying out National Swine Flu Immunization Program of 1976 pursuant to 42 U.S.C. 247b (j),
as added by Pub. L. 94–380, Administrator of Veterans’ Affairs, in accordance with 42 U.S.C. 247b (j), could
authorize administration of vaccine, procured under such program and provided by Secretary at no cost to Veterans’
Administration, to eligible veterans (voluntarily requesting such vaccine) in connection with provision of care for a
disability under chapter 17 of title 38, in any health care facility under jurisdiction of Administrator, and provided
for consideration and processing of claims and suits for damages for personal injury or death, in connection with
administration of vaccine.

Study by Secretary of Scope and Extent of Liability Arising Out of Immunization
Program; Alternative Protective Approaches; Report to Congress
Section 3 of Pub. L. 94–380 directed Secretary to conduct a study of liability for personal injuries or death arising
out of immunization programs and of alternative approaches to provide protection against such liability and report to
Congress on findings of such study by Aug. 12, 1977.

-9-