### §300u–11. Prevention and Public Health Fund

#### (a) Purpose

It is the purpose of this section to establish a Prevention and Public Health Fund (referred to in this section as the "Fund"), to be administered through the Department of Health and Human Services, Office of the Secretary, to provide for expanded and sustained national investment in prevention and public health programs to improve health and help restrain the rate of growth in private and public sector health care costs.

#### (b) Funding

There are hereby authorized to be appropriated, and appropriated, to the Fund, out of any monies in the Treasury not otherwise appropriated—

(1) for fiscal year 2010, $500,000,000;

(2) for each of fiscal years 2012 through 2017, $1,000,000,000;

(3) for fiscal year 2018, $900,000,000;

(4) for fiscal year 2019, $900,000,000;

(5) for each of fiscal years 2020 and 2021, $950,000,000;

(6) for each of fiscal years 2022 and 2023, $1,000,000,000;

(7) for each of fiscal years 2024 and 2025, $1,300,000,000;

(8) for each of fiscal years 2026 and 2027, $1,525,000,000;

(9) for each of fiscal years 2028 and 2029, $1,725,000,000; and

(10) for fiscal year 2030 and each fiscal year thereafter, $2,000,000,000.

#### (c) Use of Fund

The Secretary shall transfer amounts in the Fund to accounts within the Department of Health and Human Services to increase funding, over the fiscal year 2008 level, for programs authorized by the Public Health Service Act [42 U.S.C. 201 et seq.], for prevention, wellness, and public health activities including prevention research, health screenings, and initiatives, such as the Community Transformation grant program, the Education and Outreach Campaign Regarding Preventive Benefits, and immunization programs.

#### (d) Transfer authority

The Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives may provide for the transfer of funds in the Fund to eligible activities under this section, subject to subsection (c).

(Pub. L. 111–148, title IV, §4002, title X, §10401(b), Mar. 23, 2010, 124 Stat. 541, 974; Pub. L. 112–96, title III, §3205, Feb. 22, 2012, 126 Stat. 194; Pub. L. 114–255, div. A, title V, §5009, Dec. 13, 2016, 130 Stat. 1197; Pub. L. 115–96, div. C, title I, §3103, Dec. 22, 2017, 131 Stat. 2049; Pub. L. 115–123, div. E, title XII, §53119, Feb. 9, 2018, 132 Stat. 308; Pub. L. 117–328, div. FF, title VII, §7701(c), Dec. 29, 2022, 136 Stat. 5966.)

#### **Editorial Notes**

#### References in Text

The Public Health Service Act, referred to in subsec. (c), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

#### Codification

Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter.

#### Amendments

2022—Subsec. (b)(8). Pub. L. 117–328, §7701(c)(1), substituted "$1,525,000,000;" for "$1,800,000,000; and".

Subsec. (b)(9). Pub. L. 117–328, §7701(c)(2), added par. (9) and struck out former par. (9) which read as follows: "for fiscal year 2028 and each fiscal year thereafter, $2,000,000,000."

Subsec. (b)(10). Pub. L. 117–328, §7701(c)(3), added par. (10).

2018—Subsec. (b)(4) to (9). Pub. L. 115–123 added pars. (4) to (9) and struck out former pars. (4) to (9) which read as follows:

"(4) for fiscal year 2019, $800,000,000;

"(5) for each of fiscal years 2020 and 2021, $800,000,000; and

"(6) for fiscal year 2022, $1,250,000,000;

"(7) for fiscal year 2023, $1,000,000,000;

"(8) for fiscal year 2024, $1,700,000,000; and

"(9) for fiscal year 2025 and each fiscal year thereafter, $2,000,000,000."

2017—Subsec. (b)(3). Pub. L. 115–96, §3103(1), substituted "fiscal year 2018" for "each of fiscal years 2018 and 2019".

Subsec. (b)(4). Pub. L. 115–96, §3103(3), added par. (4). Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 115–96, §3103(2), (4), redesignated par. (4) as (5) and substituted "$800,000,000" for "$1,000,000,000". Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 115–96, §3103(2), (5), redesignated par. (5) as (6) and substituted "$1,250,000,000" for "$1,500,000,000". Former par. (6) redesignated (7).

Subsec. (b)(7) to (9). Pub. L. 115–96, §3103(2), redesignated pars. (6) to (8) as (7) to (9), respectively.

2016—Subsec. (b)(3). Pub. L. 114–255, §5009(1), substituted "$900,000,000" for "$1,250,000,000".

Subsec. (b)(4). Pub. L. 114–255, §5009(2), substituted "$1,000,000,000" for "$1,500,000,000".

Subsec. (b)(5) to (8). Pub. L. 114–255, §5009(3), added pars. (5) to (8) and struck out former par. (5) which read as follows: "for fiscal year 2022, and each fiscal year thereafter, $2,000,000,000."

2012—Subsec. (b)(2) to (6). Pub. L. 112–96 added pars. (2) to (5) and struck out former pars. (2) to (6) which appropriated amounts for fiscal years 2011 through 2015 and each fiscal year thereafter.

2010—Subsec. (c). Pub. L. 111–148, §10401(b), substituted "research, health screenings, and initiatives" for "research and health screenings" and "Regarding Preventive" for "for Preventive".

#### **Statutory Notes and Related Subsidiaries**

#### Website

Pub. L. 115–31, div. H, title II, §219, May 5, 2017, 131 Stat. 541, provided that:

"(a) The Secretary shall establish a publicly accessible Web site to provide information regarding the uses of funds made available under section 4002 of the Patient Protection and Affordable Care Act of 2010 ('ACA') [42 U.S.C. 300u–11].

"(b) With respect to funds provided under section 4002 of the ACA, the Secretary shall include on the Web site established under subsection (a) at a minimum the following information:

"(1) In the case of each transfer of funds under section 4002(c), a statement indicating the program or activity receiving funds, the operating division or office that will administer the funds, and the planned uses of the funds, to be posted not later than the day after the transfer is made.

"(2) Identification (along with a link to the full text) of each funding opportunity announcement, request for proposals, or other announcement or solicitation of proposals for grants, cooperative agreements, or contracts intended to be awarded using such funds, to be posted not later than the day after the announcement or solicitation is issued.

"(3) Identification of each grant, cooperative agreement, or contract with a value of $25,000 or more awarded using such funds, including the purpose of the award and the identity of the recipient, to be posted not later than 5 days after the award is made.

"(4) A report detailing the uses of all funds transferred under section 4002(c) during the fiscal year, to be posted not later than 90 days after the end of the fiscal year.

"(c) With respect to awards made in fiscal years 2013 through 2017, the Secretary shall also include on the Web site established under subsection (a), semi-annual reports from each entity awarded a grant, cooperative agreement, or contract from such funds with a value of $25,000 or more, summarizing the activities undertaken and identifying any sub-grants or sub-contracts awarded (including the purpose of the award and the identity of the recipient), to be posted not later than 30 days after the end of each 6-month period.

"(d) In carrying out this section, the Secretary shall—

"(1) present the information required in subsection (b)(1) on a single webpage or on a single database;

"(2) ensure that all information required in this section is directly accessible from the single webpage or database; and

"(3) ensure that all information required in this section is able to be organized by program or State."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 114–113, div. H, title II, §220, Dec. 18, 2015, 129 Stat. 2622.

Pub. L. 113–235, div. G, title II, §218, Dec. 16, 2014, 128 Stat. 2488.

Pub. L. 113–76, div. H, title II, §218, Jan. 17, 2014, 128 Stat. 385.

Pub. L. 112–74, div. F, title II, §220(a), Dec. 23, 2011, 125 Stat. 1085.