Authorizing Legislation3

Attachment 1C. Public Health Service Act, Title 42 (42 USC Sec. 243)
42 USC 243: General grant of authority for cooperation
From Title 42-THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A-PUBLIC HEALTH SERVICE
SUBCHAPTER II-GENERAL POWERS AND DUTIES
Part B-Federal-State Cooperation
§243. General grant of authority for cooperation
(a) Enforcement of quarantine regulations; prevention of communicable diseases
The Secretary is authorized to accept from State and local authorities any assistance in the
enforcement of quarantine regulations made pursuant to this chapter which such authorities may be able
and willing to provide. The Secretary shall also assist States and their political subdivisions in the
prevention and suppression of communicable diseases and with respect to other public health matters,
shall cooperate with and aid State and local authorities in the enforcement of their quarantine and other
health regulations, and shall advise the several States on matters relating to the preservation and
improvement of the public health.
(b) Comprehensive and continuing planning; training of personnel for State and local health work;
fees
The Secretary shall encourage cooperative activities between the States with respect to comprehensive
and continuing planning as to their current and future health needs, the establishment and maintenance
of adequate public health services, and otherwise carrying out public health activities. The Secretary is
also authorized to train personnel for State and local health work. The Secretary may charge only private
entities reasonable fees for the training of their personnel under the preceding sentence.
(c) Development of plan to control epidemics and meet emergencies or problems resulting from
disasters; cooperative planning; temporary assistance; reimbursement of United States
(1) The Secretary is authorized to develop (and may take such action as may be necessary to
implement) a plan under which personnel, equipment, medical supplies, and other resources of the
Service and other agencies under the jurisdiction of the Secretary may be effectively used to control
epidemics of any disease or condition and to meet other health emergencies or problems. The Secretary
may enter into agreements providing for the cooperative planning between the Service and public and
private community health programs and agencies to cope with health problems (including epidemics and
health emergencies).
(2) The Secretary may, at the request of the appropriate State or local authority, extend temporary (not
in excess of six months) assistance to States or localities in meeting health emergencies of such a nature
as to warrant Federal assistance. The Secretary may require such reimbursement of the United States for
assistance provided under this paragraph as he may determine to be reasonable under the circumstances.
Any reimbursement so paid shall be credited to the applicable appropriation for the Service for the year
in which such reimbursement is received.
(July 1, 1944, ch. 373, title III, §311, 58 Stat. 693 ; Pub. L. 89–749, §5, Nov. 3, 1966, 80 Stat. 1190 ;
Pub. L. 90–174, §4, Dec. 5, 1967, 81 Stat. 536 ; Pub. L. 91–515, title II, §282, Oct. 30, 1970, 84 Stat.
1308 ; Pub. L. 94–317, title II, §202(b), (c), June 23, 1976, 90 Stat. 703 ; Pub. L. 97–35, title IX,
§902(c), Aug. 13, 1981, 95 Stat. 559 ; Pub. L. 97–414, §8(d), Jan. 4, 1983, 96 Stat. 2060 ; Pub. L. 99–
117, §11(a), Oct. 7, 1985, 99 Stat. 494 .)

Attachment 1C. Public Health Service Act, Title 42 (42 USC Sec. 243)
AMENDMENTS
1985-Subsec. (c)(1). Pub. L. 99–117 struck out "referred to in section 247b(f) of this title" after
"epidemics of any disease or condition", "involving or resulting from disasters or any such disease" after
"health emergencies or problems" in first sentence, and struck out "resulting from disasters or any
disease or condition referred to in section 247b(f) of this title" after "(including epidemics and health
emergencies)" in second sentence.
1983-Subsec. (c)(2). Pub. L. 97–414 substituted "six months" for "forty-five days" after "not in excess
of".
1981-Subsec. (a). Pub. L. 97–35, §902(c)(1), inserted applicability to other public health matters, and
struck out reference to section 246 of this title.
Subsec. (b). Pub. L. 97–35, §902(c)(2), substituted "public health activities" for "the purposes of
section 246 of this title".
1976-Subsec. (b). Pub. L. 94–317, §202(c), inserted provision authorizing Secretary to charge only
private entities reasonable fees for training of their personnel.
Subsec. (c). Pub. L. 94–317, §202(b), made changes in phraseology and restructured provisions into
pars. (1) and (2) and, in par. (1), as so restructured, inserted provisions authorizing Secretary to develop
a plan utilizing Public Health Service personnel, equipment, medical supplies and other resources to
control epidemics of any disease referred to in section 247b of this title.
1970-Subsecs. (a), (b). Pub. L. 91–515 substituted "Secretary" for "Surgeon General" wherever
appearing.
1967-Subsec. (c). Pub. L. 90–174 added subsec. (c).
1966-Pub. L. 89–749 designated existing provisions as subsec. (a), added subsec. (b), and amended
subsec. (b) to permit Surgeon General to train personnel for State and local health work.
EFFECTIVE DATE OF 1981 AMENDMENT
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.
EFFECTIVE DATE OF 1966 AMENDMENT
Pub. L. 89–749, §5(a), Nov. 3, 1966, 80 Stat. 1190 , provided that subsec. (b) of this section is
effective July 1, 1966.
Pub. L. 89–749, §5(b), Nov. 3, 1966, 80 Stat. 1190 , provided that the amendment of subsec. (b) of
this section, permitting the Surgeon General to train personnel for State and local health work, is
effective July 1, 1967.
FOOD ALLERGENS IN THE FOOD CODE
Pub. L. 108–282, title II, §209, Aug. 2, 2004, 118 Stat. 910 , provided that: "The Secretary of Health
and Human Services shall, in the Conference for Food Protection, as part of its efforts to encourage
cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C.
243), pursue revision of the Food Code to provide guidelines for preparing allergen-free foods in food
establishments, including in restaurants, grocery store delicatessens and bakeries, and elementary and
secondary school cafeterias. The Secretary shall consider guidelines and recommendations developed by
public and private entities for public and private food establishments for preparing allergen-free foods in
pursuing this revision."

Attachment 1C. Public Health Service Act, Title 42 (42 USC Sec. 243)
TRAINING OF PRIVATE PERSONS SUBJECT TO REIMBURSEMENT OR ADVANCES TO APPROPRIATIONS
Pub. L. 103–333, title II, Sept. 30, 1994, 108 Stat. 2550 , provided in part: "That for fiscal year 1995
and subsequent fiscal years training of private persons shall be made subject to reimbursement or
advances to this appropriation for not in excess of the full cost of such training".