PUBLIC LAW
94-317—JUNE
23, 1976
90 STAT. 695
Public Law 94-317
94th Congress
An Act
To amend the
PuMic
Health Service Act to provide authority for health informa-
tion and health promotion programs, to revise and extend the authority for
disease prevention and control programs, and to revise and extend the authority
for venereal disease programs, and to amend the Lead-Based Paint Poisoning
Prevention Act to revise and extend that Act.
Be it enacted
hy
the Senate and House of Representatives of the
United States of America in Congress
assembled,
TITLE
I—HEALTH
INFORMATION AND HEALTH
PROMOTION
SHORT TITLE
SEC.
101. This title may be cited as the "National Consumer Health
Information and Health Promotion Act of 1976".
AMENDMENT TO PUBLIC HEALTH SERVICE ACT
SEC.
102. The Public Health Service Act is amended by adding at
the end thereof the
following
new
title:
"TITLE XVII-
-HEALTH INFORMATION AND HEALTH
PROMOTION
June 23, 1976
[S.
1466]
Public Health
Service Act,
amendments;
Lead-Based Paint
Poisoning Act,
extension.
National
Consumer Health
Information and
Health Promotion
Act of 1976.
42
use
201
note.
a
GENERAL AUTHORITY
"SEC.
1701.
(a) The Secretary shall—
"(1) formulate national goals, and a strategy to achieve such
goals,
with respect to health information and health promotion,
preventive health services, and education in the appropriate use
of health
care;
"(2) analyze the necessary and available resources for imple-
menting the goals and strategy formulated pursuant to para-
graph (1), and recommend appropriate educational and quality
assurance policies for the needed manpower resources identified
by such
analysis;
"(3) undertake and support necessary activities and programs
to—
"(A) incorporate appropriate health education compo-
nents into our society, especially into all aspects of education
and health care,
"
(B) increase the application and use of health knowledge,
skills,
and practices by the general population in its patterns
of daily living, and
"(C) establish systematic processes for the exploration,
development, demonstration, and evaluation of innovative
health promotion concepts;
"(4) undertake and support research and demonstrations
respecting health information and health promotion, preventive
health services, and education in the appropriate use of
health
care;
42
use
300u.
90 STAT. 696
PUBLIC LAW
94-317—JUNE
23, 1976
Administration.
42
use
300k-2.
42
use
300k-l,
300o.
Appropriation
authorization.
Grant or contract.
42 use
aoou-i.
"(5) undertake and support appropriate training in, and
undertake and support appropriate
training
in the operation of
programs
concerned with, health information and health pro-
motion, preventive health services, and education in the appro-
priate use of health
care;
"(6) undertake and support, through improved planning and
implementation of tested models and evaluation of results, effec-
tive and efficient programs respecting health information and
health promotion, preventive health services, and education in
the appropriate use of health
care;
"
(7) foster the exchange of information respecting, and foster
cooperation in the conduct of, research, demonstration, and train-
ing programs respecting health information and health promo-
tion, preventive health services, and education in the appropriate
use of health
care;
"(8) provide technical assistance in the programs referred to in
paragraph (7); and
"(9) use such other authorities for programs respecting health
information and health promotion, preventive health services, and
education in the appropriate use of health care as are available and
coordinate such use with programs conducted under this title.
The Secretary shall administer this title in a manner consistent with
the national health priorities set forth in section 1502 and with health
planning and resource development activities undertaken under titles
XVandXVL
"(b) For payments under grants and contracts under this title there
are authorized to be appropriated $7,000,000 for the fiscal year ending
September 30, 1977,
$10,000,000
for the fiscal year ending Septem-
ber 30, 1978, and $14,000,000 for the fiscal year ending September 30,
1979.
"(c) No grant may be made or contract entered into under this title
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 contain such information as the Secretary may pre-
scribe. Contracts may be entered into under this title without regard
to sections 3648 and 3709 of the Revised Statutes (31
U.S.C.
529; 41
U.S.C.5).
"RESEARCH PROGRAMS
"SEC.
1702. (a) The Secretary is authorized to conduct and support
by grant or contract (and encourage others to support) research in
health information and health promotion, preventive health services,
and education in the appropriate use of health care. Applications for
grants and contracts under this section shall be subject to appropriate
peer review. The Secretary shall
also—
"(1) provide consultation and technical assistance to persons
who need help in preparing research proposals or in actually con-
ducting
research;
"(2) determine the best methods of disseminating information
concerning personal health behavior, preventive health services
and the appropriate use of health care and of affecting behavior
so that such information is applied to maintain and improve
health, and prevent disease, reduce its risk, or modify its course or
severity;
"(3) determine and study environmental, occupational, social,
and behavioral factors which affect and determine health and
ascertain those programs and areas for which educational and
preventive measures could be implemented to improve health
as it is affected by such factors;
PUBLIC LAW
94-317—JUNE
23, 1976 90 STAT. 697
"(4) develop (A) methods by which the cost and effectiveness
of activities respecting health information and health promotion,
preventive health services, and education in the appropriate use
of health care, can be measured, including methods for evaluating
the effectiveness of various settings for such activities and the
various types of persons engaged in such activities, (B) methods
for reimbursement or payment for such activities, and (C) models
and standards for the conduct of such activities, including
models and standards for the education, by providers of institu-
tional health services, of individuals receiving such services
respecting the nature of the institutional health services
provided ../., v '
the individuals and the symptoms, signs, or diagnoses which
led to provision of such services;
"(5) develop a method for assessing the cost and effectiveness
of specific medical services and procedures under various condi-
tions of use, including the assessment of the sensitivity and
specificity of screening and diagnostic
procedures;
and
"(6) enumerate and assess, using methods developed under
paragraph (5), preventive health measures and services with
respect to their cost and effectiveness under various conditions
of use.
"(b) The Secretary shall make a periodic survey of the needs,
Survey,
interest, attitudes, knowledge, and behavior of the American public
regarding health and health care. The Secretary shall take into con-
sideration the findings of such surveys and the findings of similar
surveys conducted by national and community health education
organizations, and other organizations and agencies for formulating
policy respecting health information and health promotion, preven-
tive health services, and education in the appropriate use of health
care.
"COMMUNITY PROGRAMS
"SEC.
1703. (a) The Secretary is authorized to conduct and support 42
USC
300u-2.
by grant or contract (and encourage others to support) new and inno-
vative programs in health information and health promotion, pre-
ventive health services, and education in the appropriate use of health
care,
and may
specifically—
"(1) support demonstration and training programs in such
matters which programs (A) are in hospitals, ambulatory care
settings, home care settings, schools, day care programs for chil-
dren, and other appropriate settings representative of broad
cross
sections of the population, and include public education
activities of voluntary health agencies, professional medical
societies, and other private nonprofit health organizations, (B)
focus on objectives that are measurable, and (C) emphasize the
prevention or moderation of illness or accidents that appear
controllable through individual knowledge and
behavior;
"(2) provide consultation and technical assistance to organiza-
tions that request help in planning, operating, or evaluating
programs in such
matters;
"(3) develop health information and health promotion mate-
rials and teaching programs including (A) model curriculums
for the training of educational and health professionals and
paraprofessionaTs in health education by medical, dental, and
nursing schools, schools of public health, and other institutions
engaged in training of educational or health professionals, (B)
model curriculums to be used in elementary and secondary schools
and institutions of higher learning, (C) materials and programs
90 STAT. 698
Grants.
PUBLIC LAW
94-317—JUNE
23, 1976
for
the continuing education of health
professionals
and parapro-
fessionals in the health education of their patients, (D) materials
for public service use by the printed and broadcast media, and
(E) materials and programs to assist providers of health care in
providing health education to their
patients;
and
"(4) support demonstration and evaluation programs for
individual and group self-help programs designed to assist the
participant in using his individual capacities to deal with health
problems, including programs concerned with obesity, hyperten-
sion, and diabetes.
"(b) The Secretary is authorized to make grants to States and
other public and nonprofit private entities to assist them in meeting
the costs of demonstrating and evaluating programs which provide
information respecting the costs and quality of health care or infor-
mation respecting health insurance policies and prepaid health plans,
or information respecting both. After the development of models pur-
suant to sections 1704(4) and 1704(5) for such information, no grant
may be made under this subsection for a program unless the informa-
tion to be provided under the program is provided in accordance with
one of such models applicable to the
information.
"(c) The Secretary is authorized to support by grant or contract
(and to encourage others to support) private nonprofit entities work-
ing in health information and health promotion, preventive health
services, and education in the appropriate use of health care. The
amount of any grant or contract for a fiscal year beginning after Sep-
tember 30, 1978, for an entity may not exceed 25 per centum of the
expenses of the entity for such fiscal year for health information and
health promotion, preventive health services, and education in the
appropriate use of health care.
"INFORMATION PROGRAMS
42
use
300u-3.
"SEC.
1704. The Secretary is authorized to conduct and support by
grant or contract (and encourage others to support) such activities as
may be required to make information respecting health information
and health promotion, preventive health services, and education in
the appropriate use of health care available to the consumers of medical
care,
providers of such care, schools, and others who are or should be
informed respecting such matters. Such activities may include at least
the
following:
"(1) The publication of information, pamphlets, and other
reports which are specially suited to interest and instruct the
health consumer, which information, pamphlets, and other reports
shall be updated annually, shall pertain to the individual's abil-
ity to improve and safeguard his own health; shall include
material, accompanied by suitable illustrations, on child care,
family life and human development, disease prevention (particu-
larly prevention of pulmonary disease, cardiovascular disease,
and cancer), physical fitness, dental health, environmental health,
nutrition, safety and accident prevention, drug abuse and alco-
holism, mental health, management of chronic diseases (including
diabetes and arthritis), and venereal diseases; and shall be
designed to reach populations of different languages and of
dif-
ferent social and economic backgrounds.
"(2) Securing the cooperation of the communications media,
providers of health care, schools, and others in activities designed
to promote and encourage the use of health
maintaining
infor-
mation and behavior.
PUBLIC LAW
94-317—JUNE
23, 1976 90 STAT. 699
"(3) The study of health information and promotion in adver-
y;,;.-,.'
tising and the making to concerned Federal agencies and others
such recommendations respecting such advertising as are
appropriate.
" (4) The development of models and standards for the publica-
tion by States, insurance carriers, prepaid health plans, and others
•>
(except individual health practitioners) of information for use
by the public respecting the cost and quality of health care, includ-
ing information to enable the public to make comparisons of the
cost and quality of health care.
^
"(5) The development of models and standards for the publi-
cation by States, insurance carriers, prepaid health plans, and
others of information for use by the public respecting health
insurance policies and prepaid health plans, including informa-
tion on the benefits provided by the various types of such policies
and plans, the premium charges for such policies and plans,
exclusions
from
coverage or eligibility for coverage, cost sharing
requirements, and the ratio of the amounts paid as benefits to the
amounts received as premiums and information to enable the
public to make relevant comparisons of the costs and benefits of
such policies and plans.
"(6) Assess, with respect to the effectiveness, safety, cost, and
required training for and conditions of use, of new aspects of
health care, and new activities, programs, and services designed
to improve human health and publish in readily understandable
language for public and professional use such assessments and,
in the case of controversial aspects of health care, activities, pro-
grams, or services, publish differing views or opinions respecting
the effectiveness, safety, cost, and required training for and con-
ditions of use, of such aspects of health care, activities, programs,
or services.
"REPORT AND STUDY
"SEC.
1705. (a) The Secretary shall, not later than two years after 42
USC
300u-4.
the date of the enactment of this title and annually thereafter, sub-
mit to the President for transmittal to Congress a report on the status
of health information and health Promotion, preventive health services,
and education in the appropriate use of health care. Each such report
shall
include—
"(1) a statement of the activities carried out
imder
this title
since the last report and the extent to which each such activity
achieves the purposes of this
title;
"(2) an assessment of the manpower resources needed to carry
out programs relating to health information and health promo-
tion, preventive health services, and education in the appropriate
use of health care, and a statement describing the activities cur-
rently being carried out under this title designed to prepare
teachers and other manpower
for
such
programs;
"(3) the goals and strategy formulated pursuant to section
1701(a)(1), the models and standards developed under this
title,
and the results of the study required by subsection (b) of
this
section;
and
"(4) such recommendations as the Secretary considers appro-
priate for legislation respecting health information and health
promotion, preventive health services, and education in the appro-
priate use of health care, including recommendations for revisions
to and extension of this title.
PUBLIC LAW
94-317—JUNE
23, 1976
90 STAT. 701
the applicant who are most susceptible to the diseases or conditions
referred to in subsection (f) of appropriate preventive behavior
and measures (including immunizations) and diagnostic pro-
cedures for such diseases, and (ii) to facilitate their access to such
measures and
procedures;
and
"(C) provide for the
reporting
to the Secretary of such
infor-
Report to
mation as he may require concerning (i) the problems, in the area
Secretary,
served by the applicant, which relate to any disease or condition
referred to in subsection
(f),
and (ii) the disease control programs
of the applicant for which a grant is applied for.
In considering such an application the Secretary shall take into
account the relative extent, in the area served by the applicant, of
the problems which relate to one or more of the diseases or conditions
referred to in subsection
(f)
and the extent to which the applicant's
programs are designed to eliminate or reduce such problems. The
Secretary shall give special consideration to applications for programs
which (A) will increase to at least 80 per centum the immunization
rates of any population identified as not having received, or as having
failed to secure, the generally recognized disease immunizations, and
(B) to the fullest extent practicable, will cooperate and use public
and nonprofit private entities and volunteers. The Secretary shall
give priority to applications submitted for disease control programs
for
communicable diseases. ,
v.
"(c) (1) Each grant under subsection (a) shall be made for disease
control program costs in the one-year period beginning on the first
day of the first month beginning after the month in which the grant
is made.
"(2) Payments under grants under subsection (a) may be made
in advance on the basis of estimates or by 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 this section.
"(3) The Secretary, at the request of a recipient of a grant under
subsection (a), may reduce the amount of such grant
by—
"
(A)
the
fair
market value of any supplies (including vaccines
and other prevention agents) or equipment furnished the grant
recipient, and
"(B) the amount of the pay, allowances, and travel expenses
of any officer or employee of the Government when detailed to
the 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 recipient and for the purpose of carrying out a program with
respect to which the recipient's grant under subsection (a) 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
recipient.
"(d) (1) The Secretary may conduct, and may make grants to and Grants and
enter into contracts with public and nonprofit private entities for the
contracts,
conduct
of—
"(A) training for the administration and operation of disease
prevention and control programs, and
"(B) demonstrations and evaluations of such programs.
90 STAT. 702
PUBLIC LAW
94-317—JUNE
23, 1976
Application.
Coordination.
"Disease control
program."
42
use
246.
Appropriation
authorization.
Appropriation
authorization.
Appropriation
authorization.
42
use
247c.
Report to
eongress.
"(2)
No
grant may be made or contract entered into under para-
graph (1) unless an application therefor is submitted to and approved
by the Secretary. Such application shall be in such form, be submitted
in such manner, and contain such information, as the Secretary shall
by regulation prescribe.
"(e) The Secretary shall coordinate activities under this section
respecting disease control programs with activities under other sec-
tions of this Act respecting such programs.
"(f) For purposes of this section, the term 'disease control pro-
gram' means a program which is designed and conducted so as to con-
tribute to national protection against diseases or conditions of national
significance which are amenable to reduction, including tuberculosis,
rubella, measles, poliomyelitis, diphtheria, tetanus, pertussis, mumps,
and other communicable diseases (other than venereal diseases), and
arthritis, diabetes, diseases borne by rodents, hypertension, pulmonary
diseases, cardiovascular diseases, and
Rh
disease. Such term also
includes vaccination programs, laboratory services, studies to deter-
mine the disease control needs of the States and the means of best meet-
ing such needs, the provision of information and education services
respecting disease control, and programs to encourage behavior which
will prevent disease and encourage the use of preventive measures and
diagnostic procedures. Such term also includes any program or
proj-
ect for rodent control for which a grant was made under section 314(e)
for the fiscal year ending June 30, 1975.
"(g)(1)(A) For the purpose of grants under subsection (a) for
disease control programs to immunize children against immunizable
diseases (including measles, rubella, poliomyelitis, diphtheria, per-
tussis,
tetanus, and mumps), there are authorized to be appropriated
$9,000,000 for fiscal year 1976, $17,500,000 for fiscal year 1977, and
$23,000,000 for fiscal year 1978.
"(B) For the purpose of grants under subsection (a) for disease
control programs
for
diseases borne by rodents there are authorized to
be appropriated $13,500,000 for fiscal year 1976, $14,000,000 for fiscal
year 1977, and $14,500,000 for fiscal year 1978.
"(C) For the purpose of grants under subsection (a) for disease
control programs, other than programs for which appropriations are
authorized under subparagraph (A) or (B), and for the purpose of
grants and contracts under subsection (d), there are authorized to be
appropriated $4,000,000 for fiscal year 1976, $4,500,000 for fiscal year
1977,
and $5,000,000 for fiscal year 1978.
"(D) Not to exceed 15 per centum of the amount appropriated for
any fiscal year under any of the preceding subparagraphs of this para-
graph may be used by the Secretary for grants and contracts for
such
fiscal year for programs for which appropriations are authorized
under any one or more of the other subparagraphs of this paragraph if
the Secretary determines that such use will better carry out the purpose
of this section, and reports to the appropriate committees of Congress
at least thirty days before making such use of such amount his deter-
mination and the reasons
therefor.
" (2) Except as provided in section 318, no funds appropriated under
any provision of this Act other than paragraph
(1)
of this subsection
may be used to make grants in any fiscal year for disease control pro-
grams if (A) grants for such programs are authorized by subsection
(a),
and (B) all the funds authorized to be appropriated under this
subsection for that fiscal year have not been appropriated for that
fiscal year and obligated in that fiscal year.
"(h) The Secretary shall submit to the President for submission to
the Congress on January 1 of each year (1) a report (A) on the
89-194
O—78—pt.
1
48
PUBLIC LAW
94-317—JUNE
23, 1976
90 STAT. 703
effectiveness of all Federal and other public and private activities in
controlling the diseases and conditions referred to in subsection (f),
(B) on the extent of the problems presented by such diseases, (C) on
the effectiveness of the activities, assisted under grants and contracts
under this section, in controlling such diseases, and (D) setting forth
a plan for the
coming
year for the control of such diseases; and (2) a
report (A) on the immune status of the population of the
L^nited
States, and (B) identifying, by area, population group, and other
categories, deficiencies in the immune status of such population.
"(i)
(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 Act) and which are available for the conduct of disease control
programs from being used in connection with programs assisted
through grants under subsection (a).
"(2) Nothing in this section shall be construed to require any State
or any agency or political subdivision of a State to have a disease
control program which would require any person, who objects to any
treatment provided under such a program, to be treated or to have any
child or ward treated under such a program.".
(b) Section 311(c) of the Public Health Service Act is amended 42
USC
243.
to read as
follows:
"(c) (1) The Secretary is authorized to develop (and may take such
action as may be necessary to implement) a plan under which per-
sonnel, equipment, medical supplies, and other resources of the Service
' '
and other agencies under the jurisdiction of the Secretary
may
be
effectively used to control epidemics of any disease or condition
referred to in section 317(f) and to meet other health emergencies or 42
USC
247b.
problems involving or resulting from disasters or any such disease.
The Secretary may enter into agreements providing for the coopera-
tive planning between the Service and public and private community
health programs and agencies to cope with health problems (including
epidemics and health emergencies) resulting from disasters or any
disease or condition
referred
to in section 317(f).
"(2) The Secretary may, at the request of the appropriate State
or local authority, extend temporary (not in excess of forty-five days)
assistance to States or localities in meeting health emergencies of such
a nature as to warrant Federal assistance. The Secretary may require
such reimbursement of the United States
for
assistance provided under
this paragraph as he may determine to be reasonable under the circum-
stances. Any reimbursement so paid shall be credited to the applicable
appropriation for the Service for the year in which such reimburse-
ment is received.".
(c) Section 311(b) of such Act is amended by inserting at the end
thereof the following new
sentence:
"The Secretary may charge only
private entities reasonable fees for the training of their personnel
under the preceding sentence.".
Federal
assistance.
AMENDMENTS RESPECTING VENEREAL DISEASES
SEC.
203.
(a) The Congress finds and declares
that—
(1) the number of reported cases of venereal disease continues
in epidemic proportions in the United
States;'
(2) the number of patients with venereal disease reported to
public health authorities is only a fraction of those actually
infected;
(3) the incidence of venereal disease is particularly high in the
15-29-year age group, and in metropolitan
areas;
42 USC 247c
note.
90 STAT. 704
PUBLIC LAW
94-317—JUNE
23, 1976
42
use
247c.
Appropriation
authorization.
Repeal.
(4) venereal disease accounts for needless deaths and leads to
such severe disabilities as sterility, insanity, blindness, and
crippling
conditions;
(5) the number of cases of congenital syphilis, a preventable
disease, tends to parallel the incidence of syphilis in
adults;
(6) it is conservatively estimated that the public cost of care
for persons suffering the complications of venereal disease
exceed $80,000,000 annually;
(7) medical researchers have no successful vaccine for syphilis
or gonorrhea, and have no blood test for the detection of gonor-
rhea among the large reservoir of asymptomatic females;
(8) school health education programs, public information and
awareness campaigns, mass diagnostic screening and case
fol-
lowup
activities have all been found to be effective disease
intervention
methodologies;
(9) knowledgeable health providers and concerned individ-
uals and groups are fundamental to venereal disease prevention
and
control;
(10) biomedical research leading to the development of vac-
cines for syphilis and gonorrhea
is
of singular importance for
the eventual eradication of these dreaded diseases; and
(11) a variety of other sexually transmitted diseases, in addi-
tion to syphilis and gonorrhea, have become of public health
significance.
(b)(1) Section 318(b)(2) of the Public Health Service Act is
amended to
read
as
follows:
"(2) For the purpose of carrying out this subsection, there are
authorized to be appropriated $5,000,000 for fiscal year 1976,
$6,600,000 for fiscal year 1977, and $7,600,000 for fiscal year 1978.".
(2) Subsection (d) (2) of such section is amended to read as
follows:
"(2) For the purpose of carrying out this section there is authorized
to be appropriated $32,000,000 for fiscal year 1976, $41,500,000 for
fiscal year 1977, and $43,500,000 for fiscal year 1978.".
(c) Subsection (a) of such section
is
amended by striking out
"public authorities and" and inserting in lieu thereof "public and non-
profit private entities and to".
(d) Subsection (d) (1) (B) of such section is amended by inserting
before the semicolon at the end the
following:
"and routine testing,
including laboratory tests and followup systems".
(e) Subsection (d) (1) (E) of such section is amended by striking
out "control" and inserting in lieu thereof "prevention and control
strategies and activities".
(f) (1) Subsection (c) is repealed.
(2) Subsection (e)(1) of such section is amended by striking out
"or
(d)"
and inserting in lieu thereof "or (c)".
(3) Subsection (e) (2) (C) of such section is amended by striking
out "(including dark-field microscope techniques for the diagnosis
of both gonorrhea and syphilis)".
(4) The last sentence of subsection (e) (4) of such section is amended
by striking out the semicolon and all that follows through "paid to such
recipient".
(5) The first sentence of subsection (e) (5) of such section is amended
by inserting before the period the
following:
"or as may be required
by a law of a State or political subdivision of a State".
(6) Subsection (g) of such section is amended by striking out ", (c),
and (d)" and inserting in lieu thereof "and (c)".
(7) Subsection (h) of such section is amended by striking out
"treated or to have any child or ward of his".
PUBLIC LAW
94-317—JUNE
23, 1976
90 STAT. 705
(8) Subsections
(d),
(e), (f), (g), and
(h)
of such section are
redesignated as subsections (c), (d), (e), (f), and (g), respectively.
(g) Subsection (e) of such section (as so redesignated) is amended
by striking out "317(d)
(4)
"and inserting in lieu thereof "317(g) (2)".
(h) Such section is amended by adding at the end thereof the
follow-
ing new
subsection:
"(h) For purposes of this section and section 317, the term 'venereal "Venereal
disease' means gonorrhea, syphilis, or any other disease which can be disease."
sexually transmitted and which the Secretary determines is or may
42 USC
247b.
be amenable to control with assistance provided under this section and
is of national significance.".
(i) Section 318(b) (1) is amended by inserting "education," before 42
USC
247c.
"and training".
EXTENSION AND REVISION OP LEAD-BASED PAINT POISONING PREVENTION
ACT
SEC.
204. (a) (1) Section 101(c) of the
I^ad-Based
Paint Poisoning
Prevention Act (42 U.S.C. 4801(c)) is amended by inserting after
and below paragraph (4) the following:
"Follow-up programs described in paragraph (3) shall include Follow-up
programs to eliminate lead-based paint hazards
from
surfaces in and
programs,
around residential dwelling units or houses, including programs to
provide for such purpose financial assistance to the owners of such
units or houses who are financially unable to eliminate such hazards
from their units or houses. In administering programs for the elimi-
nation of such hazards, priority shall be given to the elimination of
such hazards in residential dwelling units or houses in which reside
children with diagnosed lead-based paint poisoning.".
(2) (A) Section 101(c) of such Act is amended by striking out
"should include" and inserting in lieu thereof "shall include".
(B) Section 101(f) of such Act is amended by (i) striking out
"and (B)" and inserting in lieu thereof "(B)", and (ii) by inserting
before the period at the end the following ", and (C) the services to
be provided will be provided under local programs which meet the
requirements of subsections (c) and (d) of this section".
(b) Section 401 of such Act (42 U.S.C. 4831) is amended to read
as follows:
PROHIBITION AGAINST USE OF
I^EAD-BASED
PAINT IN CONSTRUCTION OF
FACILITIES AND THE MANUFACTURE OF CERTAIN TOYS AND UTENSILS
"SEC.
401. (a) The Secretary of Health, Education, and Welfare
shall take such steps and impose such conditions as may be neces-
sary or appropriate to prohibit the application of lead-based paint
to any cooking utensil, drinking utensil, or eating utensil manufac-
tured and distributed after the date of enactment of this Act.
"(b) The Secretary of Housing and Urban Development shall
take steps and impose such conditions as may be necessary or appro-
priate to prohibit the use of lead-based paint in residential struc-
tures constructed or rehabilitated bv the Federal Government, or with
Federal assistance in any form after the date of enactment of this
Act.
"(c) The Consumer Product Safety Commission shall take such
steps and impose such conditions as may be necessary or appropriate
to prohibit the application of lead-based paint to any toy or furniture
article.".
90 STAT. 706
PUBLIC LAW
94-317—JUNE
23, 1976
(c) (1) Section
501
(3) of such Act (42
U.S.C.
4841
(3)) is amended
to read as
follows:
"Lead-based
"(3)
(A) Except as provided in subparagraph (B), the
terjn
paint," 'lead-based paint' means any paint containing more than five-
tenths of 1 per centum lead by weight (calculated as lead metal)
in the total nonvolatile content of the paint, or the equivalent
measure of lead in the dried film of paint already applied, or
both.
Hearing.
"(B)
(i) The Consumer Product Safety Commission shall,
during the six-month period beginning on the date of the enact-
ment of the National Health Promotion and Disease Prevention
Act of 1976, determine, on the basis of available data and infor-
mation and after providing opportunity for an oral hearing and
considering recommendations of the Secretary of Health, Educa-
tion, and Welfare (including those of the Center for Disease
Control) and of the National Academy of Sciences, whether or
not a level of lead in paint which is greater than six one-hun-
dredths of 1 per centum but not in excess of five-tenths of 1 per
centum is safe. If the Commission determines, in accordance
with the preceding sentence, that another level of lead is safe,
the term 'lead-based paint' means, with respect to paint which
is manufactured after the expiration of the six-month period
beginning on the date of the Commission's determination, paint
containing by weight (calculated as lead metal) in the total
nonvolatile content of the paint more than the level of lead deter-
mined by the Commission to be safe or the equivalent measure
of lead in the dried film of paint already applied, or both.
"(ii) Unless the definition of the term 'lead-based paint' has
been established by a determination of the Consumer Product
Safety Commission pursuant to clause (i) of this subparagraph,
the term 'lead-based paint' means, with respect to paint which
is manufactured after the expiration of the twelve-month period
beginning on such date of enactment, paint containing more than
six one-hundredths of 1 per centum lead by
w^eight
(calculated
as lead metal) in the total nonvolatile content of the paint, or
the equivalent measure of lead in the dried film of paint already
applied, or both.".
(2) Section 501 of such Act is amended (1) by striking out "the
term" in paragraphs (1) and (2) and inserting in lieu thereof "The
term", (2) by striking out the semicolon at the end of paragraph (1)
and inserting in lieu thereof a period, and (3) by striking out "; and"
at the end of paragraph (2) and inserting in lieu thereof a period.
(d) Section 502 of such Act (42 U.S.C. 4842) is amended by striking
out "In carrying out the authority under this Act, the Secretary of
Health, Education, and Welfare shall" and inserting in lieu thereof
"In carrying out their respective authorities under this Act, the
Secretary of Housing and Urban Development and the Secretary of
Health, Education, and
Welfare
shall each".
Appropriation
(e)
(1) Section 503 of such Act (42 U.S.C. 4843) is amended by
authorization. striking out subsections (a), (b), and (c) and inserting in lieu thereof
the
following:
"(a) There are authorized to be appropriated to carry out this Act
$10,000,000 for the fiscal year 1976, $12,000,000 for the fiscal year 1977,
and $14,000,000 for the fiscal year 1978.".
(2) Subsection (d) of such section is redesignated as subsection (b).
PUBLIC LAW
94-317—JUNE
23, 1976 90 STAT. 707
TITLE
III—MISCELLANEOUS
AMENDMENT
SEC.
301. (a) Section 2(f) of the Public Health Service Act is 42
USC
201.
amended to read as
follows:
"(f) Except as provided in sections 314(g) (4) (B), 355(5), 361(d),
1002(c), 1201(2), 1401(13), 1531(1), and 1633(1), the term 'State'
includes, in addition to the several States, only the District of Colum-
bia, Guam, the Commonwealth of Puerto
Kico,
and the Virgin
Islands.".
(b) (1) Section 361(d) is amended by adding at the end thereof
42 USC
264.
the
loUowing:
"For purposes of this subsection, the term 'State'
includes, in addition to the several States, only the District of
Columbia.".
(2) Section 1401 is amended by adding after paragraph (12) the 42
USC
300f.
following
new
paragraph:
"(13) The term 'State' includes, in addition to the several
States, only the District of Columbia, Guam, the Commonwealth
of Puerto Rico, the Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands.".
Approved June 23, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94-1007 accompanying H.R. 12678 (Comm. on Interstate and
Foreign Commerce).
SENATE REPORT No. 94-330 (Comm. on Labor and Public Welfare).
CONGRESSIONAL RECORD:
Vol. 121 (1975): July 30, considered and passed Senate.
Vol. 122 (1976): Apr. 7, considered and passed House, amended, in lieu of H.R.
12678.
May 26, Senate concurred in amendment, with amendment.
June 7, House concurred in Senate amendment.