An Act to amend the Public Health Service Act to provide authority for health information 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.
PL 94-317 (S.1466), enacted 06/23/1976

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 u s e 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 u s e 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. 
90 STAT. 700 
PUBLIC LAW 94-317—JUNE 23, 1976 
Study. 
Establishment. 
42 use 300u-5. 
Disease Control 
Amendments of 
1976. 
42 use 201 note. 
"(b) The Secretary shall conduct a study of health education 
services and preventive health services to determine the coverage of 
such services under public and private health insurance programs, 
including the extent and nature of such coverage and the cost sharing 
requirements required by such programs for coverage of such services. 
u 
OFFICE o r HEALTH INFORMATION AND HEALTH PROMOTION 
"SEC. 1706. The Secretary shall establish within the Office of the 
Assistant Secretary for Health an Office of Health Information and 
Health Promotion which shall— 
"(1) coordinate all activities within the Department which 
relate to health information and health promotion, preventive 
health services, and education in the appropriate use of health 
care; 
"(2) coordinate its activities wdth similar activities of organiza-
tions in the private sector; and 
"(3) establish a national information clearinghouse to facilitate 
the exchange of information concerning matters relating to health 
information and health promotion, preventive health services, 
and education in the appropriate use of health care, to facilitate 
access to such information, and to assist in the analysis of issues 
and problems relating to such matters.". 
T I T L E I I — D I S E A S E CX)NTROL 
SHORT TITLE 
SEC. 201. This title may be cited as the "Disease Control Amend-
ments of 1976". 
42 use 247b 
note. 
AMENDMENTS TO SECTIONS 311 AND 317 
SEC. 202. (a) Effective with respect to grants under section 317 of 
the Public Health Service Act made from appropriations under such 
section for fiscal years beginning after June 30, 1975, section 317 of 
such Act is amended to read as follows: 
"DISEASE CONTROL PROGRAMS 
Grants. 
"SEC. 317. (a) The Secretary may make grants to States and, in con-
42 use 247b, 
sultation with State health authorities, to public entities to assist them 
in meeting the costs of disease control programs. 
"(b)(1) No grant may be made under subsection (a) unless an 
application therefor has been 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 and shall meet the requirements or para-
graph (2). 
Application 
"(2) An application for a grant under subsection (a) shall— 
requirements. 
"(A) Set forth with particularity the objectives (and their 
priorities, as determined in accordance with such regulations as 
the Secretary may prescribe) of the applicant for each of the 
disease control programs it proposes to conduct with assistance 
from a grant under subsection (a) ; 
"(B) contain assurances satisfactory to the Secretary that, 
in the year during which the grant applied for would be available, 
the applicant will conduct such programs as may be necessary (i) 
to develop an awareness in those persons in the area served by 
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.