
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC247c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                    Part B--Federal-State Cooperation
 
Sec. 247c. Sexually transmitted diseases; prevention and control 
        projects and programs
        

(a) Technical assistance to public and nonprofit private entities and 
        scientific institutions

    The Secretary may provide technical assistance to appropriate public 
and nonprofit private entities and to scientific institutions for their 
research in, and training and public health programs for, the prevention 
and control of sexually transmitted diseases.

(b) Research, demonstration, and public information and education 
        projects

    The Secretary may make grants to States, political subdivisions of 
States, and any other public and nonprofit private entity for--
        (1) research into the prevention and control of sexually 
    transmitted diseases;
        (2) demonstration projects for the prevention and control of 
    sexually transmitted diseases;
        (3) public information and education programs for the prevention 
    and control of such diseases; and
        (4) education, training, and clinical skills improvement 
    activities in the prevention and control of such diseases for health 
    professionals (including allied health personnel).

(c) Project grants to States

    The Secretary is also authorized to make project grants to States 
and, in consultation with the State health authority, to political 
subdivisions of States, for--
        (1) sexually transmitted diseases surveillance activities, 
    including the reporting, screening, and followup of diagnostic tests 
    for, and diagnosed cases of, sexually transmitted diseases;
        (2) casefinding and case followup activities respecting sexually 
    transmitted diseases, including contact tracing of infectious cases 
    of sexually transmitted diseases and routine testing, including 
    laboratory tests and followup systems;
        (3) interstate epidemiologic referral and followup activities 
    respecting sexually transmitted diseases; and
        (4) such special studies or demonstrations to evaluate or test 
    sexually transmitted diseases prevention and control strategies and 
    activities as may be prescribed by the Secretary.

(d) Grants for innovative, interdisciplinary approaches

    The Secretary may make grants to States and political subdivisions 
of States for the development, implementation, and evaluation of 
innovative, interdisciplinary approaches to the prevention and control 
of sexually transmitted diseases.

(e) Authorization of appropriations; terms and conditions; payments; 
        recordkeeping; audit; grant reduction; information disclosure

    (1) For the purpose of making grants under subsections (b) through 
(d) of this section, there are authorized to be appropriated $85,000,000 
for fiscal year 1994, and such sums as may be necessary for each of the 
fiscal years 1995 through 1998.
    (2) Each recipient of a grant under this section shall keep such 
records 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 connection 
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, documents, papers, 
and records of the recipients of grants under this section 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 
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, equipment, or personal services on which the reduction of such 
grant is based.
    (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, without such 
individual's consent, be disclosed except as may be necessary to provide 
service to him or as may be required by a law of a state or political 
subdivision of a State. Information derived from any such program 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) Consent of individuals

    Nothing in this section shall be construed to require any State or 
any political subdivision of a State to have a sexually transmitted 
diseases program which would require any person, who objects to any 
treatment provided under such a program, to be treated under such a 
program.

(July 1, 1944, ch. 373, title III, Sec. 318, as added Pub. L. 92-449, 
title II, Sec. 203, Sept. 30, 1972, 86 Stat. 751; amended Pub. L. 94-
317, title II, Sec. 203(b)-(i), June 23, 1976, 90 Stat. 704, 705; Pub. 
L. 94-484, title IX, Sec. 905(b)(2), Oct. 12, 1976, 90 Stat. 2325; Pub. 
L. 95-626, title II, Sec. 204(b)(1), (c), (d), Nov. 10, 1978, 92 Stat. 
3583; Pub. L. 96-32, Sec. 6(j), July 10, 1979, 93 Stat. 84; Pub. L. 97-
35, title IX, Sec. 929, Aug. 13, 1981, 95 Stat. 569; Pub. L. 98-555, 
Sec. 3, Oct. 30, 1984, 98 Stat. 2854; Pub. L. 100-607, title III, 
Sec. 311, Nov. 4, 1988, 102 Stat. 3112; Pub. L. 103-183, title IV, 
Sec. 401, Dec. 14, 1993, 107 Stat. 2236; Pub. L. 105-392, title IV, 
Sec. 401(b)(2), (c), Nov. 13, 1998, 112 Stat. 3587.)


                            Prior Provisions

    A prior section 247c, act July 1, 1944, ch. 373 title III, Sec. 318, 
as added Aug. 18, 1964, Pub. L. 88-443, Sec. 2, 78 Stat. 447, related to 
grants for assisting in the areawide planning of health and related 
facilities, prior to repeal by Pub. L. 89-749, Sec. 6, Nov. 3, 1966, 80 
Stat. 1190 eff. July 1, 1967.


                               Amendments

    1998--Subsec. (e). Pub. L. 105-392, Sec. 401(b)(2), redesignated 
subsec. (e), relating to consent of individuals, as (f).
    Subsec. (e)(5). Pub. L. 105-392, Sec. 401(c), made technical 
amendment to directory language of Pub. L. 103-183, Sec. 401(c)(3). See 
1993 Amendment note below.
    Subsec. (f). Pub. L. 105-392, Sec. 401(b)(2), redesignated subsec. 
(e), relating to consent of individuals, as (f).
    1993--Subsec. (b)(3). Pub. L. 103-183, Sec. 401(c)(1), substituted 
``; and'' for ``, and''.
    Subsec. (c)(3). Pub. L. 103-183, Sec. 401(c)(2), which directed the 
substitution of ``; and'' for ``, and'', could not be executed because 
``, and'' did not appear.
    Subsec. (d). Pub. L. 103-183, Sec. 401(a)(2), added subsec. (d). 
Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 103-183, Sec. 401(a)(1), redesignated subsec. 
(d), relating to authorization of appropriations, etc., as (e).
    Subsec. (e)(1). Pub. L. 103-183, Sec. 401(b), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``For the 
purpose of making grants under subsections (b) and (c) of this section 
there are authorized to be appropriated $45,000,000 for the fiscal year 
ending September 30, 1979, $51,500,000 for the fiscal year ending 
September 30, 1980, $59,000,000 for the fiscal year ending September 30, 
1981, $40,000,000 for the fiscal year ending September 30, 1982, 
$46,500,000 for the fiscal year ending September 30, 1983, $50,000,000 
for the fiscal year ending September 30, 1984, $57,000,000 for the 
fiscal year ending September 30, 1985, $62,500,000 for the fiscal year 
ending September 30, 1986, $68,000,000 for the fiscal year ending 
September 30, 1987, $78,000,000 for fiscal year 1989, and such sums as 
may be necessary for each of the fiscal years 1990 and 1991. For grants 
under subsection (b) of this section in any fiscal year, the Secretary 
shall obligate not less than 10 per centum of the amount appropriated 
for such fiscal year under the preceding sentence. Grants made under 
subsection (b) or (c) 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 reimbursement and in such installments as the 
Secretary finds necessary.''
    Subsec. (e)(5). Pub. L. 103-183, Sec. 401(c)(3), as amended by Pub. 
L. 105-392, Sec. 401(c), substituted ``form; or'' for ``form, or'' in 
subpar. (A) and ``purposes;'' for ``purposes,'' in subpar. (B).
    1988--Pub. L. 100-607, Sec. 311(1), amended section catchline.
    Subsec. (d). Pub. L. 100-607, Sec. 311(2), (3), redesignated subsec. 
(e) as (d) and struck out former subsec. (d) which related to acquired 
immune deficiency syndrome.
    Subsec. (d)(1). Pub. L. 100-607, Sec. 311(4), substituted ``(b) and 
(c)'' for ``(b), (c), and (d)'', struck out ``and'' after ``1986,'', and 
inserted ``, $78,000,000 for fiscal year 1989, and such sums as may be 
necessary for each of the fiscal years 1990 and 1991'' before period at 
end of first sentence; substituted ``(b) or (c)'' for ``(b), (c), or 
(d)'' in third sentence; and struck out at end ``If the appropriations 
under the first sentence for fiscal year 1985 exceed $50,000,000, one-
half of the amount in excess of $50,000,000 shall be made available for 
grants under subsection (d) of this section; if the appropriations under 
the first sentence for fiscal year 1986 exceed $52,500,000, one-half of 
the amount in excess of $52,500,000 shall be made available for such 
grants; and if the appropriations under the first sentence for fiscal 
year 1987 exceed $55,000,000, one-half of the amount in excess of 
$55,000,000 shall be made available for such grants.''
    Subsecs. (e) to (g). Pub. L. 100-607, Sec. 311(2), (3), struck out 
subsec. (f) which related to conditional limitation on use of funds and 
redesignated subsecs. (e) and (g) as (d) and (e), respectively.
    1984--Subsec. (a). Pub. L. 98-555, Sec. 3(b)(1), substituted 
``research in, and training and public health programs for, the 
prevention and control of sexually transmitted diseases'' for 
``research, training, and public health programs for the prevention and 
control of venereal disease''.
    Subsec. (b). Pub. L. 98-555, Sec. 3(b)(2), in amending subsec. (b) 
generally, designated existing provisions as pars. (1) to (3), added 
par. (4), and substituted references to sexually transmitted diseases 
for reference to venereal disease.
    Subsec. (c). Pub. L. 98-555, Sec. 3(b)(3), (6)(A), substituted 
``sexually transmitted diseases'' for ``venereal disease'' wherever 
appearing, struck out par. (4) relating to professional venereal disease 
education, training and clinical skills improvement activities, and 
redesignated par. (5) as (4).
    Subsec. (d). Pub. L. 98-555, Sec. 3(b)(5)(A), added subsec. (d). 
Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 98-555, Sec. 3(a), (b)(4), (5), redesignated 
subsec. (d) as (e), and in par. (1) of subsec. (e) as so redesignated, 
substituted ``(b), (c), and (d)'' for ``(b) and (c)'', inserted 
provisions authorizing appropriations for fiscal years ending Sept. 30, 
1985, 1986, and 1987, substituted ``10 per centum'' for ``5 per 
centum'', and inserted provisions directing that one-half the excess of 
appropriations in fiscal years 1985, 1986, and 1987 over certain amounts 
be made available for grants under subsec. (d). Notwithstanding language 
of section 3(b)(5)(B)(ii) directing the substitution of ``(b), (c), or 
(d)'' for ``(b) or (c)'' in second sentence of subsec. (e)(1), the 
amendment was executed by making the substitution in third sentence of 
subsec. (e)(1) to reflect the probable intent of Congress because ``(b) 
or (c)'' did not appear in second sentence. Former subsec. (e) 
redesignated (f).
    Subsecs. (f), (g). Pub. L. 98-555, Sec. 3(b)(5)(A), (6)(A), (C), 
redesignated subsecs. (e) and (f) as (f) and (g), respectively, in 
subsecs. (f) and (g) as so redesignated, substituted ``sexually 
transmitted diseases'' for ``venereal disease'', and struck out former 
subsec. (g) which defined venereal disease.
    1981--Subsec. (d)(1). Pub. L. 97-35 inserted provisions authorizing 
appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984.
    1979--Subsec. (b). Pub. L. 96-32 amended directory language of Pub. 
L. 95-626, Sec. 204(c)(2), and required no change in text. See 1978 
Amendment note below.
    1978--Subsec. (b). Pub. L. 95-626, Sec. 204(c)(2), as amended by 
Pub. L. 96-32, substituted ``research, demonstrations, and public 
information and education for the prevention and control of venereal 
disease'' for ``research, demonstrations, education, and training for 
the prevention and control of venereal disease'', struck out ``(1)'' 
preceding provisions thus amended, and struck out par. (2) which 
authorized appropriation of $5,000,000 for fiscal year 1976, $6,600,000 
for fiscal year 1977, and $7,600,000 for fiscal year 1978 for purpose of 
carrying out this subsection.
    Subsec. (c). Pub. L. 95-626, Sec. 204(d), struck out ``(1)'' after 
``(c)'' at beginning of existing provisions, changed designations at 
beginning of each of the five clauses from ``(A)'', ``(B)'', ``(C)'', 
``(D)'', and ``(E)'' to ``(1)'', ``(2)'', ``(3)'', ``(4)'', and ``(5)'', 
respectively, substituted ``The Secretary is also authorized'' for ``The 
Secretary is authorized'' in provisions preceding cl. (1) as 
redesignated, substituted ``professional (including appropriate allied 
health personnel) venereal disease education, training and clinical 
skills improvement activities'' for ``professional and public venereal 
disease education activities'' in cl. (4) as redesignated, and struck 
out former par. (2) which had authorized appropriations of $32,000,000 
for fiscal year 1976, $41,500,000 for fiscal year 1977, and $43,500,000 
for fiscal year 1978.
    Subsec. (d)(1). Pub. L. 95-626, Sec. 204(c)(1), inserted provisions 
authorizing appropriations of $45,000,000 for fiscal year ending Sept. 
30, 1979, $51,500,000 for fiscal year ending Sept. 30, 1980, and 
$59,000,000 for fiscal year ending Sept. 30, 1981, for purpose of making 
grants under subsecs. (b) and (c) of this section, and inserted 
provisions directing Secretary to obligate not less than 5 per centum of 
amount appropriated for any fiscal year.
    Subsec. (f). Pub. L. 95-626, Sec. 204(b)(1), redesignated subsec. 
(g) as (f). Former subsec. (f), requiring that not to exceed 50 per 
centum of amounts appropriated for any fiscal year under subsecs. (b) 
and (c) of this section could be used by Secretary for grants for such 
fiscal year under section 247b of this title, was struck out.
    Subsec. (g). Pub. L. 95-626, Sec. 204(b)(1), redesignated subsec. 
(h) as (g). Former subsec. (g) redesignated (f).
    1976--Subsec. (a). Pub. L. 94-317, Sec. 203(c), substituted ``public 
and nonprofit private entities and to'' for ``public authorities and''.
    Subsec. (b)(1). Pub. L. 94-317, Sec. 203(i), inserted ``education,'' 
before ``and training''.
    Subsec. (b)(2). Pub. L. 94-317, Sec. 203(b)(1), substituted 
provisions authorizing appropriations of $5,000,000 for fiscal year 
1976, $6,600,000 for fiscal year 1977, and $7,600,000 for fiscal year 
1978, for provisions authorizing appropriations of $7,500,000 for fiscal 
year ending June 30, 1973, and for each of the next two fiscal years.
    Subsec. (c). Pub. L. 94-484, purported to amend former subsec. 
(c)(1) by defining ``State'' to include the Northern Mariana Islands. 
Former subsec. (c) of this section had been previously repealed by 
section 203(f)(1) of Pub. L. 94-317. See par. below.
    Pub. L. 94-317, Sec. 203(b)(2), (d), (e), (f)(1), (3), (8), 
redesignated subsec. (d) as (c), inserted, in par. (1)(B), reference to 
routine testing, including laboratory tests and followup systems and 
substituted in par. (1)(E). ``prevention and control strategies and 
activities'' for ``control'' and, in par. (2), provisions authorizing 
appropriations of $32,000,000 for fiscal year 1976, $41,500,000 for 
fiscal year 1977, and $43,500,000 for fiscal year 1978, for provisions 
authorizing appropriations of $30,000,000 for the fiscal year ending 
June 30, 1973, and for each of the next two succeeding fiscal years. 
Former subsec. (c), which provided for authorization of appropriations 
to enable the Secretary to make grants to state health authorities to 
establish and maintain programs for diagnosis and treatment of venereal 
disease was amended by striking out reference to dark-field microscope 
techniques for diagnosis of both gonorrhea an syphilis, and as so 
amended, was repealed.
    Subsec. (d). Pub. L. 94-317, Sec. 203(f)(2), (4), (5), (8), 
redesignated subsec. (e) as (d), substituted in par. (1) ``or (c)'' for 
``or (d)'', struck out in par. (4) provisions relating to the amount of 
reduction of a grant under former subsec. (c) whereby such amount shall 
be deemed a part of the grant to the recipient of the grant and shall be 
deemed to have been paid to such recipient, and inserted in par. (5) 
reference to requirement by law of a State or political subdivision of a 
state. Former subsec. (d) redesignated (c).
    Subsec. (e). Pub. L. 94-317, Sec. 203(f)(8), (g), redesignated 
subsec. (f) as (e) and substituted ``247b(g)(2) of this title'' for 
``247b(d)(4) of this title''. Former subsec. (e) redesignated (d).
    Subsec. (f). Pub. L. 94-317, Sec. 203(f)(6), (8), redesignated 
subsec. (g) as (f) and substituted ``and (c)'' for ``, (c), and (d)''. 
Former subsec. (f) redesignated (e).
    Subsec. (g). Pub. L. 94-317, Sec. 203(f)(7), (8), redesignated 
subsec. (h) as (g) and struck out ``treated or to have any child or ward 
of his'' after ``a program, to be''. Former subsec. (g) redesignated 
(f).
    Subsec. (h). Pub. L. 94-317, Sec. 203(h), added subsec. (h). Former 
subsec. (h) redesignated (g).


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-392 deemed to have taken effect immediately 
after enactment of Pub. L. 103-183, see section 401(e) of Pub. L. 105-
392, set out as a note under section 242m of this title.


 Distribution of Information on Acquired Immune Deficiency Syndrome by 
   Director of Centers for Disease Control to Every American Household

    Pub. L. 100-202, Sec. 101(h) [title II], Dec. 22, 1987, 101 Stat. 
1329-256, 1329-365, provided: ``That the Director shall cause to be 
distributed without necessary clearance of the content by any official, 
organization or office, an AIDS mailer to every American household by 
June 30, 1988, as approved and funded by the Congress in Public Law 100-
71 [July 11, 1987, 101 Stat. 391].''


                 Congressional Findings and Declarations

    Section 204(a) of Pub. L. 95-626 provided that: ``The Congress finds 
and declares that--
        ``(1) the number of reported cases of venereal disease persists 
    in epidemic proportions in the United States;
        ``(2) the number of persons affected by venereal disease and 
    reported to public health authorities is only a fraction of those 
    actually affected;
        ``(3) the incidence of venereal disease continues to be 
    particularly high among American youth, ages fifteen to twenty-nine, 
    and among populations in metropolitan areas;
        ``(4) venereal disease accounts for severe permanent 
    disabilities and sometimes death in newborns and causes reproductive 
    dysfunction in women of childbearing age;
        ``(5) it is conservatively estimated that the public cost of 
    health care for persons suffering from complications of venereal 
    disease exceeds one-half billion dollars annually;
        ``(6) the number of trained Federal venereal disease prevention 
    and control personnel has fallen to a dangerously inadequate level;
        ``(7) no vaccine for syphilis, gonorrhea, or any other venereal 
    disease has yet been developed, nor does a blood test for the 
    detection of asymptomatic gonorrhea in women exist, nor are safe and 
    effective therapeutic agents available for some other venereal 
    diseases;
        ``(8) school health education programs, public information and 
    awareness campaigns, mass diagnostic screening and case followup 
    have all been found to be effective venereal disease prevention and 
    control methodologies;
        ``(9) skilled and knowledgeable health care providers, informed 
    and concerned individuals and active, well-coordinated voluntary 
    groups are fundamental to venereal disease prevention and control;
        ``(10) biomedical research toward improved diagnostic and 
    therapeutic tools is of singular importance to the elimination of 
    venereal disease; and
        ``(11) an increasing number of sexually transmissible diseases 
    besides syphilis and gonorrhea have become a public health hazard.''

    Section 203(a) of Pub. L. 94-317 provided that: ``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;
        ``(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 
    gonorrhea among the large reservoir of asymptomatic females;
        ``(8) school health education programs, public information and 
    awareness campaigns, mass diagnostic screening and case followup 
    activities have all been found to be effective disease intervention 
    methodologies;
        ``(9) knowledgeable health providers and concerned individuals 
    and groups are fundamental to venereal disease prevention and 
    control;
        ``(10) biomedical research leading to the development of 
    vaccines 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 
    addition to syphilis and gonorrhea, have become of public health 
    significance.''

    Section 202 of Pub. L. 92-449 provided that:
    ``(a) The Congress finds and declares that--
        ``(1) the number or reported cases of venereal disease has 
    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 
    crippling conditions;
        ``(5) the number of cases of congenital syphilis, a preventable 
    disease, in infants under one year of age increased by 33\1/3\ 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 [this chapter] to establish a 
national program for the prevention and control of venereal disease.''

                  Section Referred to in Other Sections

    This section is referred to in sections 201, 256b, 256d of this 
title.
