§ 280m. Young women’s breast health awareness and support of young women diagnosed with breast cancer

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1944

   Young Women’s Breast Health Education and Awareness Requires Learning Young Act of 2009

   Pub. L. 111–148 title X § 10413(b) · 124 Stat. 119

   Enacted · 42 U.S.C. § 280m

   July 1, 1944, ch. 373, title III, § 399NN, as added Pub. L. 111–148, title X, § 10413(b), Mar. 23, 2010, 124 Stat. 991

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title III, § 399NN, as added Pub. L. 111–148, title X, § 10413(b), Mar. 23, 2010, 124 Stat. 991

   Enacted provision · exact public law section
   (b) Amendment.— Title III of the Public Health Service Act (42 U.S.C. 241 et seq.), as amended by this Act, is further amended by adding at the end the following: “PART V— PROGRAMS RELATING TO BREAST HEALTH AND CANCER “SEC. 399NN. YOUNG WOMEN’S BREAST HEALTH AWARENESS AND SUPPORT OF YOUNG WOMEN DIAGNOSED WITH BREAST CANCER. “(a) Public Education Campaign.— “(1) In general.— The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct a national evidence-based education campaign to increase awareness of young women’s knowledge regarding— “(A) breast health in young women of all racial, ethnic, and cultural backgrounds; “(B) breast awareness and good breast health habits; “(C) the occurrence of breast cancer and the general and specific risk factors in women who may be at high risk for breast cancer based on familial, racial, ethnic, and cultural backgrounds such as Ashkenazi Jewish populations; “(D) evidence-based information that would encourage young women and their health care professional to increase early detection of breast cancers; and “(E) the availability of health information and other resources for young women diagnosed with breast cancer. “(2) Evidence-based, age appropriate messages.— The campaign shall provide evidence-based, age-appropriate messages and materials as developed by the Centers for Disease Control and Prevention and the Advisory Committee established under paragraph (4). “(3) Media campaign.— Grants. In conducting the education campaign under paragraph (1), the Secretary shall award grants to entities to establish national multimedia campaigns oriented to young women that may include advertising through television, radio, print media, billboards, posters, all forms of existing and especially emerging social networking media, other Internet media, and any other medium determined appropriate by the Secretary. “(4) Advisory committee.— “(A) Establishment.— Deadline. Not later than 60 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee to assist in creating and conducting the education campaigns under paragraph (1) and subsection (b)(1). “(B) Membership.— Appointment. The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall appoint to the advisory committee under subparagraph (A) such members as deemed necessary to properly advise the Secretary, and shall include organizations and individuals with expertise in breast cancer, disease prevention, early detection, diagnosis, public health, social marketing, genetic screening and counseling, treatment, rehabilitation, palliative care, and survivorship in young women. “(b) Health Care Professional Education Campaign.— The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Administrator of the Health Resources and Services Administration, shall conduct an education campaign among physicians and other health care professionals to increase awareness— “(1) of breast health, symptoms, and early diagnosis and treatment of breast cancer in young women, including specific risk factors such as family history of cancer and women that may be at high risk for breast cancer, such as Ashkenazi Jewish population; “(2) on how to provide counseling to young women about their breast health, including knowledge of their family cancer history and importance of providing regular clinical breast examinations; “(3) concerning the importance of discussing healthy behaviors, and increasing awareness of services and programs available to address overall health and wellness, and making patient referrals to address tobacco cessation, good nutrition, and physical activity; “(4) on when to refer patients to a health care provider with genetics expertise; “(5) on how to provide counseling that addresses long-term survivorship and health concerns of young women diagnosed with breast cancer; and “(6) on when to provide referrals to organizations and institutions that provide credible health information and substantive assistance and support to young women diagnosed with breast cancer. “(c) Prevention Research Activities.— The Secretary, acting through— “(1) the Director of the Centers for Disease Control and Prevention, shall conduct prevention research on breast cancer in younger women, including— “(A) behavioral, survivorship studies, and other research on the impact of breast cancer diagnosis on young women; “(B) formative research to assist with the development of educational messages and information for the public, targeted populations, and their families about breast health, breast cancer, and healthy lifestyles; “(C) testing and evaluating existing and new social marketing strategies targeted at young women; and “(D) surveys of health care providers and the public regarding knowledge, attitudes, and practices related to breast health and breast cancer prevention and control in high-risk populations; and “(2) the Director of the National Institutes of Health, shall conduct research to develop and validate new screening tests and methods for prevention and early detection of breast cancer in young women. “(d) Support for Young Women Diagnosed With Breast Cancer.— “(1) In general.— Grants. The Secretary shall award grants to organizations and institutions to provide health information from credible sources and substantive assistance directed to young women diagnosed with breast cancer and pre-neoplastic breast diseases. “(2) Priority.— In making grants under paragraph (1), the Secretary shall give priority to applicants that deal specifically with young women diagnosed with breast cancer and pre-neoplastic breast disease. “(e) No Duplication of Effort.— In conducting an education campaign or other program under subsections (a), (b), (c), or (d), the Secretary shall avoid duplicating other existing Federal breast cancer education efforts. “(f) Measurement; Reporting.— The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— “(1) measure— “(A) young women’s awareness regarding breast health, including knowledge of family cancer history, specific risk factors and early warning signs, and young women’s proactive efforts at early detection; “(B) the number or percentage of young women utilizing information regarding lifestyle interventions that foster healthy behaviors; “(C) the number or percentage of young women receiving regular clinical breast exams; and “(D) the number or percentage of young women who perform breast self exams, and the frequency of such exams, before the implementation of this section; “(2) not less than every 3 years, measure the impact of such activities; and “(3) submit reports to the Congress on the results of such measurements. “(g) Definition.— In this section, the term ‘young women’ means women 15 to 44 years of age. “(h) Authorization of Appropriations.— To carry out subsections (a), (b), (c)(1), and (d), there are authorized to be appropriated $9,000,000 for each of the fiscal years 2010 through 2014.” .

2. 2014

   EARLY Act Reauthorization of 2014

   Pub. L. 113–265 § 2 · 128 Stat. 2942

   Substituted · 42 U.S.C. § 280m(h)

   Pub. L. 113–265 substituted “$4,900,000 for each of fiscal years 2015 through 2019” for “$9,000,000 for each of the fiscal years 2010 through 2014”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 113–265 substituted “$4,900,000 for each of fiscal years 2015 through 2019” for “$9,000,000 for each of the fiscal years 2010 through 2014”.

   Enacted provision · exact public law section
   SEC. 2. REAUTHORIZATION OF THE YOUNG WOMEN’S BREAST HEALTH EDUCATION AND AWARENESS REQUIRES LEARNING YOUNG ACT OF 2009.   Section 399NN(h) of the Public Health Service Act (42 U.S.C. 280m(h)) is amended by striking “$9,000,000 for each of the fiscal years 2010 through 2014” and inserting “$4,900,000 for each of fiscal years 2015 through 2019”.

3. 2020

   Department of Education Appropriations Act, 2021

   Pub. L. 116–260 div. BB title III § 316 · 134 Stat. 1182

   Substituted · 42 U.S.C. § 280m(h)

   Pub. L. 116–260 substituted “$9,000,000 for each of fiscal years 2022 through 2026” for “$4,900,000 for each of fiscal years 2015 through 2019”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 116–260 substituted “$9,000,000 for each of fiscal years 2022 through 2026” for “$4,900,000 for each of fiscal years 2015 through 2019”.

   Enacted provision · exact public law section
   Sec. 316. rural and low-income school program adjustments (a) Hold Harmless.— For the purpose of making awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal year during the period described in subsection (c), the Secretary of Education and each State educational agency shall treat as eligible to receive a grant under such section— (1) any local educational agency that meets the eligibility requirements described in section 5221(b)(1) of such Act for such fiscal year, in accordance with subsection (d); and (2) notwithstanding such section 5221(b)(1), any local educational agency that does not meet the eligibility requirements described in such section for such fiscal year if— (A) the local educational agency received a grant under section 5221 of such Act for fiscal year 2019; (B) for fiscal year 2019, less than 20 percent of the children ages 5 through 17 years served by the local educational agency were from families with incomes below the poverty line, as determined by data from the Small Area Income and Poverty Estimates of the Bureau of the Census; (C) the award for fiscal year 2019 was based on alternative poverty data submitted by the State to the Secretary despite data being available from the Small Area Income and Poverty Estimates of the Bureau of the Census; and (D) the local educational agency meets the eligibility criteria described in section 5221(b)(1)(A)(ii) of such Act, or has obtained a waiver under section 5221(b)(2) of such Act, for the fiscal year for which the eligibility determination is being made. (b) Limitations.— (1) Limits on local educational agency awards.— For the purposes of making an award under section 5221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(b)) to local educational agencies described in subsection (a)(2) for a fiscal year during the period described in subsection (c), a State educational agency shall provide an award to each such local educational agency for such fiscal year that is not larger than— (A) for fiscal year 2021, 100 percent of the amount such local educational agency received for fiscal year 2019; (B) for fiscal year 2022, 100 percent of the amount such local educational agency received for fiscal year 2019; (C) for fiscal year 2023, 83.33 percent of the amount such local educational agency received for fiscal year 2019; (D) for fiscal year 2024, 66.67 percent of the amount such local educational agency received for fiscal year 2019; (E) for fiscal year 2025, 50 percent of the amount such local educational agency received for fiscal year 2019; (F) for fiscal year 2026, 33.33 percent of the amount such local educational agency received for fiscal year 2019; and (G) for fiscal year 2027, 16.67 percent of the amount such local educational agency received for fiscal year 2019. (2) Adjustments to state allocations.— In determining grant amounts for each State educational agency under section 5221(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(a)(2)) for each fiscal year during the period described in subsection (c), the Secretary of Education shall reduce the amount that the State educational agency would otherwise receive by the combined amount of any reductions in grant awards required under paragraph (1) for such year for the local educational agencies described in subsection (a)(2) that are served by the State educational agency. (c) Applicability.— Subsections (a) and (b) shall be in effect during the period— (1) beginning on the first day of the fiscal year in which this Act is enacted; and (2) ending on the earlier of— (A) September 30, 2027; or (B) the last day of the fiscal year in which an Act that reauthorizes the rural and low-income school program under subpart 2 of part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351 et seq.) is enacted. (d) Use of Data Measures.— Except as provided in subsection (a)(2), for the purpose of making awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for any fiscal year— (1) if data are available from the Small Area Income and Poverty Estimates of the Bureau of the Census to determine a local educational agency’s enrollment of children from families with incomes below the poverty line as described in section 5221(b)(1)(A)(i) of such Act, the Secretary of Education and each State educational agency shall not use alternative poverty data in determining such local educational agency’s eligibility under such section; and (2) if data are not available from the Small Area Income and Poverty Estimates of the Bureau of the Census to determine a local educational agency’s enrollment of children from families with incomes below the poverty line as described in such section 5221(b)(1)(A)(i), the Secretary and the State educational agency shall determine such local educational agency’s eligibility under such section using the same State-derived poverty data used to determine local educational agency allocations under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

3 of 3 references resolved to an enrolled provision