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42 U.S.C. § 300uGeneral authority of Secretary

submitted 82 years ago by Pub. L. 94-317 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 763 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must set national goals and a strategy for health information, health promotion, preventive services, and education about using health care wisely. The Secretary must study needed resources, fund research and training, run model programs (especially for small businesses), share information with others working in this field, and run an Office of Disease Prevention and Health Promotion to coordinate all this work. No grant or contract can happen without an approved application.

(a) Development, support, and implementation of programs, activities, etc. The Secretary must: (1) set national goals and a strategy for health information and health promotion, preventive health services, and education about using health care appropriately; (2) study what resources are needed and available to meet those goals, and recommend education and quality-assurance policies for the workforce that analysis identifies; (3) run programs and activities to (A) build health education into society, especially into education and health care generally, (B) get more people applying health knowledge, skills, and habits in daily life, and (C) set up ongoing ways to explore, develop, test, and evaluate new health-promotion ideas; (4) fund and run research and demonstrations on health information, health promotion, preventive services, and health-care-use education; (5) fund and run training in these same areas, including training people to run programs in them; (6) fund and run effective, efficient programs in these areas, through better planning, tested models, and evaluating results; (7)(A) develop model programs letting public-sector employers and small-business employers (as defined in section 632 of title 15) help their employees adopt healthy behaviors and avoid unhealthy ones, (B) give technical assistance to public and private employers setting up such programs — including larger private employers using their own program design, not the Secretary's model — and (C) prioritize small businesses when giving that technical assistance; (8) encourage other people and organizations to share information and cooperate on research, demonstration, and training in these areas; (9) give technical assistance for the programs described in paragraph (8); (10) use any other available authority for these programs, coordinated with programs run under this subchapter; and (11) create an Office of Disease Prevention and Health Promotion inside the Office of the Assistant Secretary for Health, which must (A) coordinate every Department activity relating to disease prevention, health promotion, preventive services, and health-use education; (B) coordinate those activities with similar private-sector work; (C) run a national information clearinghouse to help people exchange and access information on health information, health promotion (including information about insurance coverage models and standards for preventive services), and health-use education, and to help analyze related issues; and (D) support projects, do research, and share information on preventive medicine, health promotion, and physical fitness and sports medicine. The Secretary must appoint a Director to run that Office, and must carry out this subchapter working with health care providers, educators, voluntary groups, businesses, and state and local health agencies, to encourage spreading health information and promotion activities. (b) Authorization of appropriations. Congress authorized $10,000,000 for fiscal year 1992 to carry out this section and sections 300u–1 through 300u–4, plus whatever amount is necessary for fiscal years 1993 through 2002. (c) Application; submission and approval as prerequisite; form and content. No grant or contract under this subchapter can happen unless an application has been submitted to and approved by the Secretary, in whatever form and manner, and with whatever information, the Secretary requires. Contracts under this subchapter don't have to follow the usual procurement rules in section 3324(a) and (b) of title 31, or section 6101 of title 41.
the actual law source: uscode.house.gov ↗public domain
(a) Development, support, and implementation of programs, activities, etc.

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 implementing the goals and strategy formulated pursuant to paragraph (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 components 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;

(5)

undertake and support appropriate training in, and undertake and support appropriate training in the operation of programs concerned with, health information and health promotion, preventive health services, and education in the appropriate use of health care;

(6)

undertake and support, through improved planning and implementation of tested models and evaluation of results, effective and efficient programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care;

(7)
(A)

develop model programs through which employers in the public sector, and employers that are small businesses (as defined in section 632 of title 15), can provide for their employees a program to promote healthy behaviors and to discourage participation in unhealthy behaviors;

(B)

provide technical assistance to public and private employers in implementing such programs (including private employers that are not small businesses and that will implement programs other than the programs developed by the Secretary pursuant to subparagraph (A)); and

(C)

in providing such technical assistance, give preference to small businesses;

(8)

foster the exchange of information respecting, and foster cooperation in the conduct of, research, demonstration, and training programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care;

(9)

provide technical assistance in the programs referred to in paragraph (8);

(10)

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 subchapter; and

(11)

establish in the Office of the Assistant Secretary for Health an Office of Disease Prevention and Health Promotion, which shall—

(A)

coordinate all activities within the Department which relate to disease prevention, health promotion, preventive health services, and health information and education with respect to the appropriate use of health care;

(B)

coordinate such activities with similar activities in the private sector;

(C)

establish a national information clearinghouse to facilitate the exchange of information concerning matters relating to health information and health promotion, preventive health services (which may include information concerning models and standards for insurance coverage of such 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; and

(D)

support projects, conduct research, and disseminate information relating to preventive medicine, health promotion, and physical fitness and sports medicine.

The Secretary shall appoint a Director for the Office of Disease Prevention and Health Promotion established pursuant to paragraph (11) of this subsection. The Secretary shall administer this subchapter in cooperation with health care providers, educators, voluntary organizations, businesses, and State and local health agencies in order to encourage the dissemination of health information and health promotion activities.

(b) Authorization of appropriations

For the purpose of carrying out this section and sections 300u–1 through 300u–4 of this title, there are authorized to be appropriated $10,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 2002.

(c) Application; submission and approval as prerequisite; form and content

No grant may be made or contract entered into under this subchapter 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 prescribe. Contracts may be entered into under this subchapter without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41.

Source credit: (July 1, 1944, ch. 373, title XVII, § 1701, as added Pub. L. 94–317, title I, § 102, June 23, 1976, 90 Stat. 695; amended Pub. L. 96–32, § 7(n), July 10, 1979, 93 Stat. 85; Pub. L. 96–76, title II, § 209, Sept. 29, 1979, 93 Stat. 584; Pub. L. 98–551, § 2(a), Oct. 30, 1984, 98 Stat. 2815; Pub. L. 100–607, title III, § 312(a)(1), (b)(1), (c), Nov. 4, 1988, 102 Stat. 3113, 3114; Pub. L. 102–168, title I, § 101, Nov. 26, 1991, 105 Stat. 1102; Pub. L. 102–531, title III, § 311(b)(1), Oct. 27, 1992, 106 Stat. 3503; Pub. L. 105–392, title IV, § 414, Nov. 13, 1998, 112 Stat. 3590.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 94-317 · 90 Stat. 695
  • 1979Amended · Pub. L. 96-32 · 93 Stat. 85
  • 1979Amended · Pub. L. 96-76 · 93 Stat. 584
  • 1984Amended · Pub. L. 98-551 · 98 Stat. 2815
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3113, 3114
  • 1991Amended · Pub. L. 102-168 · 105 Stat. 1102
  • 1992Amended · Pub. L. 102-531 · 106 Stat. 3503
  • 1998Amended · Pub. L. 105-392 · 112 Stat. 3590

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-317 on 1944-07-01.

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