An Act to amend the Public Health Service Act to extend and revise the program of assistance under that act for the control and prevention of communicable diseases
PL 92-449 (S.3442), enacted 09/30/1972

748 
PUBLIC LAW 92.449-SEPT. 30, 1972 
[86 
STAT. 
September30, 1972 
[S.3442] 
Public Law 92-449 
AN ACT 
'J'o amend the Public Health Service Act to extend nud revise the program of 
assistance under that Act for the r'ontrol and prevention of comniunioahle 
diseases. 
Be it enacted hy the Senate aitd Home of ReprexentdtireH of the 
D ^I'^T^^lniT^oi ^^nited States of America, in Congress assembled. 
Amendments Act 
SECTION 1. This Act may be cited as the "roniniunicable Disease 
°f 1972. 
(^ontrol Amendments Act of 1972"'. 
TITLE I—COMMTTNICABLE DISEASE 
( X ) > : T R ( ) L 
PROGRAMS 
84 Stat. 988. 
42 u s e 247b. 
Application 
submission. 
Application 
requirements. 
SEC. 101. Section 817 of the Public Health Service Act (42 T\S.(\ 
847b) is amended to read as follows: 
GRANTS 
FOR 
VACCINATION 
DISEASE 
PROGRAMS 
AND 
OTHEK 
C( )M,MINI CAW.E 
CONTROL 
PR(X1RAMS 
''SEC. 317. (a) The Secretary may make j^rants to States and. in 
consultation with the State health authority, to agencies and political 
subdivisions of States to assist in meeting the costs of communicable 
disease control programs. In making a grant under this section, the 
Secretary shall give consideration to (1) the relative extent, in the 
area served by the applicant for the grant, of the problems which relate 
to one or more of the communicable diseases referred to in subsection 
(h) (1), and (2) the design of the applicant's communicable disease 
program to determine its effectiveness. 
"(b) (1) No grant may be made under this section unless an applica-
tion therefor has been submitted to, and approved by, the Secretary. 
Except as provided in paragraph (2), such application shall be in 
such form, submitted in such manner, and contain such information, 
as the Secretary shall by regulation prescribe. 
"(2) An application for a grant for a fiscal year beginning after 
June 30, 1973, shall— 
"(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 
programs he proposes to conduct with assistance from a grant 
under this section; 
''(B) contain assurances satisfactory to the Secretary that, in 
the fiscal year for which a grant under this section is applied for. 
the applicant will conduct such programs as may be necessary to 
develop an awareness in those persons in the area served by the 
applicant who are most susceptible to the diseases referred to in 
subsection (h)(1) of the importance of immunization against 
such diseases, to encourage such persons to seek appropriate 
immunization, and to facilitate access by such persons to immuni-
zation services; and 
"(C) provide for the reporting to the Secretary of such infor-
mation as he may require concerning (i) the problems, in the area 
served by the applicant, which relate to any communicable disease 
referred to in subsection (h)(1), and (ii) the communicable 
disease control programs of the applicant. 
•' (3) Nothing in this section shall be construed to require any State 
or any agency or political subdivision of a State to have a communi-
cable disease control program which would require any peison, AVIIO 
objects to any treatment provided under such a ])i-ogram, to be treated 
86 STAT. ] 
PUBLIC LAW 92-449-SEPT. 30, 1972 
749 
or to have any child or ward of his treated luidei' siieJi a program. 
"(c) (1) Payments under grants under this section may be made ni 
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 Sec-
retary finds necessary to carry out the purposes of this section. 
"(2) The Secretary, at the request of a recipient of a grant under 
this section, may reduce such grant by the fair market value of any 
supplies (including vaccines and other preventive agents) or equip-
ment furnished to such recipient and by the amount of the pay, allow-
ances, travel expenses, and any other costs in connection with the 
detail of an officer or employee of the Government to the recipient 
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 the program with 
respect to which the grant under this section is made. The amount by 
which any such grant is so reduced shall be available for payment by 
the Secretary of the costs incurred in furnishing the supplies or 
equipment, or in detailing the personnel, on which the reduction of 
such grant is based. 
"(d) (1) There is authorized to be appropriated $11,000,000 for the 
fiscal year ending June 30, 1973, $11,000,000 for the fiscal year ending 
June 30, 1974, and $11,000,000 for the fiscal year ending June 30,1975, 
for grants under this section for communicable disease control pro-
grams for tuberculosis. 
"(2) There is authorized to be appropriated $6,000,000 for the fiscal 
year ending June 30,1973, $6,000,000 for the fiscal year ending June 30, 
1974, and $6,000,000 for the fiscal year ending June 30,1975, for grants 
under this section for communicable disease control programs for 
measles. 
"(3) There is authorized to be appropriated $23,000,000 for the 
fiscal year ending June 30, 1973, $23,000,000 for the fiscal year ending 
June 30,1974, and $23,000,000 for the fiscal year ending June 30,1975^, 
for grants under this section for communicable disease control pro-
grams other than communicable disease control programs for which 
appropriations are authorized by paragraph (1) or (2). 
"(4) Not to exceed 50 per centum of the amount appropriated for 
any fiscal year under any of the preceding paragraphs of this sub-
section may be used by the Secretary for grants for such fiscal year 
under (A) programs for which appropriations are authorized under 
any one or more of the other paragraphs of this subsection if the 
Secretary determines that such use will better carry out the purposes 
of this section, and (B) section 318. 
"(e) The Secretary shall develop a plan under which personnel, 
e(iuipment, medical supplies, and other resources of the Service and 
other agencies under his jurisdiction may be eft'ectively utilized to 
meet epidemics of, or other health emergencies involving, any disease 
referred to in subsection (h) (1). There is authorized to be appropri-
ated to the Secretary $5,000,000 for the fiscal vear ending June 30. 
1973, $5,000,000 for the fiscal year ending "June 30. 1974, and 
$5,000,000 for the fiscal year ending June 30, 1975, for costs incurred 
in utilizing such resources in accordance with such plan. 
"(f) (1) Except as provided in section 318(g), no funds appropri-
ated under any provision of this Act other than subsection (d) may 
be used to make grants in any fiscal year for communicable disease con-
trol programs if (A) grants for such programs are authorized by this 
section, and (B) all the funds authorized to be appropriated under 
that subsection for that fiscal year have not been approprinted for that 
fiscal year and obligated in that fiscal year. 
Payments. 
Grant reduction. 
Appropriations. 
Limitation. 
Post, 
p. 751. 
Emergency plan 
development. 
Appropriation. 
Post, p. 754. 
750 
PUBLIC LAW 92-449-SEPT. 30, 1972 
[86 STAT. 
Annual report 
to President, sub-
mittal to Con-
gress. 
Definitions. 
Effective date. 
"(2) Xo fluids appropriated under any pro\ isioji of this Act other 
tlian subsection (e) may be used in any fiscal year for costs incurred 
in utilizing resources of the Service in accordance with a plan devel-
oped in accordance with that subsection if all the funds authorized to 
bo appropriated under that subsection for that fiscal year have not 
been appropriated for that fiscal year and obligated in that fiscal year. 
"(g) The Secretary shall submit to the President for submission to 
the Congress on January 1 of each year a report (1) on the effec-
tiveness of all Federal and other public and private activities in pre-
venting and controlling the diseases referred to in subsection (h) (1). 
(2) on the extent of the problems presented by such diseases, (3) on 
the effectiveness of the activities, assisted under grants under this 
section, in preventing and controlling such diseases, and (4) setting 
forth a plan for the coming year for the preA^ention and control of 
such diseases. 
"(h) For the purposes of this section: 
"(1) The term 'communicable disease control program' means 
a program which is designed and conducted so as to contribute 
to national protection against tuberculosis, rubella, measles, Kh 
disease, poliomyelitis, diphtheria, tetanus, whooping cough, or 
other communicable diseases (other than venereal disease) which 
are transmitted from State to State, are amenable to reduction, 
and are determined by the Secretary to be of national significance. 
Such term includes vaccination programs, laboratory services, and 
studies to determine the communicable disease control needs of 
States and political subdivisions of States and the means of best 
meeting such needs. 
"(2) The term 'State' includes the Commonwealth of Puerto 
Rico, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, the Virgin Islands, and the District of Columbia. 
"(i) Xothing 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 communicable 
disease control programs from being used in connection with ])rograms 
assisted through grants under this section.'' 
SEC. 102. The amendment made by section 101 of this title shall 
apply to grants made under section 317 of the Public Health Service 
Act after June 30, 1972, except that subsection (d) of such section as 
amended bv section 101 shall take efi'ect on the date of enactment of 
this Act. 
TITLE II—VENEREAL DISEASE PREVENTION 
AND 
(^ONTROL 
Citation of title. 
Congressional 
findings. 
SEC. 201. This title may be cited as tlie "National Venei-eal Disease 
Prevention and Control Act". 
SEC. 202. (a) The Congress finds and declares that— 
(1) the number of reported cases of venereal disease lias 
reached 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 treated by 
physicians ; 
(3) the incidence of venereal disease is particularly high among 
individuals in the 20-24 age group, and in metropolitan areas; 
(4) venereal disease accounts for needless deaths and leads to 
such severe disabilities as sterility, insanity, blindness, and cri])-
pling conditions: 
86 STAT. ] 
PUBLIC LAW 92-449-SEPT. 30, 1972 
751 
(5) the number of cases of congenital sypJiilis, a preventable 
disease, in infants under one year of age increased by 33l^ per 
centum between 1970 and 1971; 
(6) health education programs in schools and through the mass 
media may prevent a substantial portion of the venereal disease 
problem; and 
(7) medical authorities have no successful vaccine for syphilis 
or gonorrhea and no blood test for the detection of gonorrhea 
among the large reservoir of asymptomatic females. 
(b) In order to preserve and protect the health and welfare of all 
citizens, it is the purpose of this Act to establish a national program 
for the prevention and control of venereal disease. 
SEC. 203. Part B of title I I I of the Public Health Service Act is 
amended by adding immediately after section 317 thereof the fol-
lowing new section: 
58 Stat. 693. 
42 u s e 243. 
Ante, p. 748. 
PROJECTS AXD PROGRAMS FOR T H E PREVENTION AXD CONTROL OF 
VENEREAL DISEASE 
''SEC. 318. (a) The Secretary may provide technical assistance to 
appropriate public authorities and scientific institutions for their 
research, training, and public health programs for the prevention and 
control of venereal disease. 
"(b)(1) The Secretary is authorized to make grants to States, 
political subdivisions of States, and any other public or nonprofit 
private entity for projects for the conduct of research, demonstrations, 
and training for the prevention and control of venereal disease. 
" (2) For the purpose of carrying out this subsection, there is author-
ized to be appropriated $7,500,000 for the fiscal year ending June 30, 
1973, and for each of the next two fiscal years. 
"(c) (1) There is authorized to be appropriated $25,000,000 for the 
fiscal year ending June 30, 1973, and for each of the next two fiscal 
years, to enable the Secretary to make grants to State health authori-
ties to assist the States in establishing and maintaining adequate pub-
lic health programs for the diagnosis and treatment of venereal disease. 
For purposes of this subsection, the term 'State' means each of the 
several States of the United States, the District of Columbia, the Vir-
gin Islands, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of Puerto Rico. 
"(2) Any State desiring to receive a grant under this subsection 
shall submit to the Secretary a State plan for a public health program 
for the diagnosis and treatment of venereal disease. Each State plan 
shall— 
"(A) provide for the administration or supervision of adminis-
tration of the State plan by the State health authority; 
"(B) set forth the policies and procedures to be followed in 
the expenditure of the funds paid to the State under this 
subsection; 
"(C) provide that the public health services furnished under 
the State plan will include the provision of Statewide laboratory 
services (including dark field microscope techniques for the diag-
nosis of both gonorrhea and syphilis), which services will be pro-
vided in accordance with standards prescribed by regulations, 
including standards as to the scope and quality of such services; 
"(D) contain or be supported by assurances satisfactory to the 
Secretary that (i) not less than 70 per centum of the funds paid 
to the State under this subsection will be used to provide and 
strengthen public health services in its political subdivisions for 
tlie diagnosis and treatment of venereal disease; (ii) such funds 
Technical 
assistance. 
Appropriations. 
'State." 
State plan re-
quirements. 
752 
PUBLIC LAW 92.449-SEPT. 30, 1972 
[86 STAT. 
Review. 
Reports. 
Recordkeeping. 
Approval. 
State allot-
ments. 
Limitation. 
Unobligated 
fund s. 
Reallotment. 
will be used to supplement and, to the extent piactical. to increase 
the level of funds that would otherwise be made avaihible for the 
purposes for which the Federal funds are provided under this sub-
section and will not supplant any non-Federal funds which would 
otherwise be available for such purposes; and (iii) the plan is 
compatible with the total health program of the State; 
"(E) provide that the State health authority will from time to 
time, but not less often than annually, review and evaluate its 
State plan approved under this subsection, and submit to the Sec-
T'etary appropriate modifications thereof; 
"(F) provide that the State health autliority will make such 
reports, in such form and containing such information, as the 
Secretary may from time to time reasonably require, and will keep 
such records and afford such access thereto as the Secretary finds 
necessary to assure the correctness and verification of such reports; 
"(G) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure the proper disbursement of 
and accounting for funds paid to tlie State under this subsection: 
and 
"(H) contain such additional information and assurances as 
the Secretary may find necessary to carry out tlie i)ui"poses of this 
subsection. 
The Secretary shall approve any State plan and any modification 
thereof which meets the requirements of this paragraph. 
"(3) (A) Grants under this subsection shall be made from allot-
ments to States made in accordance with this paragraph. For each 
fiscal year the Secretary shall, in accordance with regulations, allot the 
sums appropriated under paragraph (1) for such year among the 
States on the basis of the incidence of venereal disease in, and the popu-
lation of, the respective States; except that no State's allotment shall 
be less than $75,000 for any fiscal year. 
"(B) Any amount allotted to a State (other than the Virgin Islands, 
American Samoa, Guam, the Trust Territory of the Pacific Islands, 
and the Commonwealth of Puerto Rico) under subparagraph (A) for a 
fiscal year and remaining unobligated at the end of such year shall 
remain available to such State, for the purposes for which made, for 
the next fiscal year (and for such year only), and any such amount 
shall be in addition to the amounts allotted to such State for such pur-
pose for such next fiscal year; except that any such amount, remaining 
unobligated at the end of the sixth month :following the end of such 
year for which it was allotted, which the Secretary determines will 
remain unobligated by the close of such next fiscal year, may be 
reallotted by the Secretary, to be available for the purposes for which 
made until the close of such next fiscal year, to other States which have 
need therefor, on such basis as the Secretary deems equitable and con-
sistent with the purposes of this subsection, and any amount so 
reallotted to a State shall be in addition to the amounts allotted and 
available to the States for the same period. Any amount allotted under 
subparagraph (A) to the Virgin Islands, American Samoa, Guam, the 
Trust Territory of the Pacific Islands, or the Commonwealth of 
Puerto Rico for a fiscal year and remaining unobligated at the end of 
such year shall remain available to it for the purposes for which 
made, for the next two fiscal years (and for such years only), and any 
such, amount shall be in addition to the amounts allotted to it for such 
purposes for each of such next two fiscal years; except that any such 
amount, remaining unobligated at the end of the first of such next two 
years, which the Secretary determines will remain unobligated at the 
close of the second of such next two years, may be reallotted by the 
Secretary, to be available for the ])uri)0ses for which ninde until the 
86 STAT. ] 
PUBLIC LAW 92-449-SEPT. 30, 1972 
753 
close of tlie second of such next two years, to any other of such named 
States which have need therefor, on such basis as the Secretary deems 
equitable and consistent with the purposes of this subsection, and any 
amount so reallotted to any such named State shall be in addition to 
any other amounts allotted and available to it for the same period. 
"(4) The amount of any grant under this subsection for public 
health programs under an approved State plan shall be determined by 
the Secretary, except that no grant for any such program may exceed 
90 per centum of its cost (as determined under regulations of the 
Secretary). Payments under grants under this subsection shall be 
made from time to time in advance on the basis of estimates by the 
Secretary or by way of reimbursement, with necessary adjustments 
on account of previous underpayments or overpayments. 
" (d) (1) The Secretary is authorized to make project grants to States 
and, in consultation with the State health authority, to political sub-
divisions of States, for— 
"(A) venereal disease surveillance activities, including the 
reporting, screening, and foUowup of diagnostic tests for, and 
diagnosed cases of, venereal disease; 
"(B) casefinding and case followup activities respecting vene-
real disease, including contact tracing of infectious cases of vene-
real disease; 
"(C) interstate epidemiologic referral and followup activities 
respecting venereal disease; 
"(D) professional and public venereal disease education activ-
ities ; and 
"(E) such special studies or demonstrations to evaluate or test 
venereal disease control as may be prescribed by the Secretary. 
"(2) For the purpose of carrying out this subsection, there is 
authorized to be appropriated $30,000,000 for the fiscal year ending-
June 30,1973, and for each of the next two succeeding fiscal years. 
"(e)(1) Grants made under subsection (b) or (d) of this section 
shall be made on such terms and conditions as the Secretary finds 
necessary to carry out the purposes of such subsection, and payments 
under any such grants shall be made in advance or by way of reim-
bursement and in such installments as the Secretary finds necessary. 
"(2) Each recipient of a grant under this section shall keep such 
i-ecords as the Secretary shall prescribe, including records which fully 
disclose the amount and disposition by such recipient of the proceeds 
of such grant, the total cost of the project or undertaking in con-
nection with which such grant was given or used, and the amount of 
that portion of the cost of the project or undertaking supplied by 
other sources, and such other records as will facilitate an effective 
audit. 
"(3) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall have 
access for the purpose of audit and examination to any books, docu-
ments, papers, and records of the recipients of grants under this sec-
tion that are pertinent to such grants. 
"(4) The Secretary, at the request of a recipient of a grant under 
this section, may reduce such grant by the fair market value of any 
supplies or equipment furnished to such recipient and by the amount 
of pay, allowances, travel expenses, and any other costs in connection 
with the detail of an officer or employee of the United States to the 
recipient 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 the pro-
gram with respect to which the grant under this section is made. The 
amount bv which anv such grant is so reduced shall be available for 
Amount, limita-
tion. 
Advance pay-
ments. 
Project grants 
to States. 
Appropriation. 
Terms and con-
ditions. 
Recordkeeping. 
Audit. 
Grant reduction. 
754 
PUBLIC LAW 92-450-SEPT. 30, 1972 
[86 STAT. 
Information dis-
closure. 
Ante, p. 749, 
Limitation. 
Ante, p. 748. 
payment by the Secretary of the costs incurred in furnisliing tiie sup-
plies, equipment, or personal services on which the reduction of such 
grant is based; and, in the case of a grant under subsection (c), such 
amount shall be deemed a part of the grant to such recipient and shall, 
for the purposes of that subsection, be deemed to have been paid to 
such recipient. 
*'(5) All information obtained in connection with the examination, 
care, or treatment of any individual under any program which is 
being carried out with a grant made under this section shall not, with-
out such individual's consent, be disclosed except as may be necessary 
to provide service to him. Information derived from any such pro-
gram may be disclosed— 
" (A) in summary, statistical, or other form, or 
"'(B) for clinical or research purposes, 
but only if the identity of the individuals diagnosed or provided care 
or treatment under such program is not disclosed. 
"(f) Except as provided in section 317(d) (4), no funds appropri-
ated under any provision of this Act other than this section may be 
used to make grants in any fiscal year for programs or projects respect-
ing venereal disease if (1) grants for such programs or projects are 
authorized by this section, and (2) all the funds authorized to be 
appropriated under this section for that fiscal year have not been 
appropriated for that fiscal year and obligated in that fiscal year. 
" (g) ^ot to exceed 50 per centum of the amounts appropriated for 
any fiscal year under subsections (b), (c), and (d) of this section may 
be used by the Secretary for grants for such fiscal year under sec-
tion 317. 
"(h) Nothing in this section shall be construed to require any State 
or any political subdivision of a State to have a venereal disease pro-
gram 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 of liis treated under such a program." 
84 Stat. 1506. 
42 u s e 300. 
TITLE III—PROJECT GRANTS AND CONTRAC^TS FOR 
FAMILY PLANNING SERVICES 
SEC. 301. Section 1001(c) of the Public Health Service Act is 
amended by striking out "$90,000,000-' and inserting "$111,500.000** 
in lieu thereof. 
Approved September 30, 1972. 
Public Law 92-450 
September 30, 1972 
[H. J. Res.1304] 
National Heri-
tage Day. 
Designation 
authorization. 
JOINT RESOLUTION 
Authorizing the President to proclaim October 1, 15)72, as 
"National Heritage Day". 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the President is hereby 
authorized and requested to issue a proclamation designating Sunday, 
October 1, 1972, as "National Heritage Day", and calling upon the 
people of the United States, all of us immigrants, to observe such day 
with appropriate ceremonies and activities. 
Approved September 30, 1972.