Title 42 — The Public Health and Welfare
Chapter 6A — Public Health Service
§ 300k. Establishment of program of grants to States
Statutory text
In general
The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs—
to screen women for breast and cervical cancer as a preventive health measure;
to provide appropriate referrals for medical treatment of women screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services and support services such as case management;
to develop and disseminate public information and education programs for the detection and control of breast and cervical cancer;
to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of breast and cervical cancer;
to establish mechanisms through which the States can monitor the quality of screening procedures for breast and cervical cancer, including the interpretation of such procedures; and
to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities.
Grant and contract authority of States
In general
A State receiving a grant under subsection (a) may, subject to paragraphs (2) and (3), expend the grant to carry out the purpose described in such subsection through grants to public and nonprofit private entities and through contracts with public and private entities.
Certain applications
If a nonprofit private entity and a private entity that is not a nonprofit entity both submit applications to a State to receive an award of a grant or contract pursuant to paragraph (1), the State may give priority to the application submitted by the nonprofit private entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other private entity.
Payments for screenings
The amount paid by a State to an entity under this subsection for a screening procedure under subsection (a)(1) may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act [42 U.S.C. 1395j et seq.] if payment were made under such part for furnishing the procedure to a woman enrolled under such part.
Special consideration for certain States
In making grants under subsection (a) to States whose initial grants under such subsection are made for fiscal year 1995 or any subsequent fiscal year, the Secretary shall give special consideration to any State whose proposal for carrying out programs under such subsection—
has been approved through a process of peer review; and
is made with respect to geographic areas in which there is—
a substantial rate of mortality from breast or cervical cancer; or
a substantial incidence of either of such cancers.
Coordinating committee regarding year 2020 health objectives
The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to coordinate the activities of the agencies of the Public Health Service (and other appropriate Federal agencies) that are carried out toward achieving the objectives established by the Secretary for reductions in the rate of mortality from breast and cervical cancer in the United States by the year 2020. Such committee shall be comprised of Federal officers or employees designated by the heads of the agencies involved to serve on the committee as representatives of the agencies, and such representatives from other public or private entities as the Secretary determines to be appropriate.
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.
Breast and Cervical Cancer Mortality Prevention Act of 1990
Pub. L. 101–354 § 2 · 104 Stat. 409
Enacted · 42 U.S.C. § 300k
July 1, 1944, ch. 373, title XV, § 1501, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 409
Source evidence
Code source credit
July 1, 1944, ch. 373, title XV, § 1501, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 409Enacted provision · exact public law section
SEC. 2. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR PREVENTION AND CONTROL OF BREAST AND CERVICAL CANCER. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by inserting after title XIV the following new title: “TITLE XV— PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND CERVICAL CANCERS “SEC. 1501. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES. “(a) In General.— The Secretary, acting through the Director of the Centers for Disease Control, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs— “(1) to screen women for breast and cervical cancer as a preventive health measure; “(2) to provide appropriate referrals for medical treatment of women screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; “(3) to develop and disseminate public information and education programs for the detection and control of breast and cervical cancer; “(4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of breast and cervical cancer; “(5) to establish mechanisms through which the States can monitor the quality of screening procedures for breast and cervical cancer, including the interpretation of such procedures; and “(6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities. “(b) Grant and Contract Authority of States.— A State receiving a grant under subsection (a) may expend the grant to carry out the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities. “SEC. 1502. REQUIREMENT OF MATCHING FUNDS. “(a) In General.— The Secretary may not make a grant under section 1501 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount equal to not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. “(b) Determination of Amount of Non-Federal Contribution.— “(1) In general.— Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or over-head costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. “(2) Maintenance of effort.— In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 1501 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section. “(3) Inclusion of relevant non-federal contributions for medicaid.— In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 1501(a). “SEC. 1503. REQUIREMENTS WITH RESPECT TO TYPE AND QUALITY OF SERVICES. “(a) Requirement of Provision of All Services by Date Certain.— The Secretary may not make a grant under section 1501 unless the State involved agrees— “(1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 1501(a), including making available screening procedures for both breast and cervical cancers; “(2) subject to subsection (b), to ensure that— “(A) in the case of breast cancer, both a physical examination of the breasts and the screening procedure known as a mammography are conducted; and “(B) in the case of cervical cancer, both a pelvic examination and the screening procedure known as a pap smear are conducted; “(3) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 1501(a) is provided; and “(4) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section. “(b) Use of Improved Screening Procedures.— The Secretary may not make a grant under section 1501 unless the State involved agrees that, if any screening procedure superior to a procedure described in subsection (a)(2) becomes commonly available and is recommended for use, any entity providing screening procedures pursuant to the grant will utilize the superior procedure rather than the procedure described in such subsection. “(c) Quality Assurance Regarding Screening for Breast Cancer.— The Secretary may not make a grant under section 1501 unless the State involved agrees that the State will assure the quality of any screening procedure for breast cancer conducted pursuant to such section and, in the case of mammography, will provide that— “(1) the equipment used to perform the mammography will be specifically designed for mammography and will meet appropriate radiologic standards for mammography; “(2) the mammography will be performed by an individual who— “(A) is licensed by a State to perform radiological procedures; or “(B) is certified as qualified to perform radiological procedures by an appropriate organization; “(3) the results of the mammography will be interpreted by a physician who— “(A) is certified as qualified to interpret radiological procedures by an appropriate board; or “(B) is certified as qualified to interpret screening mammography procedures by an appropriate program for assuring the qualifications of the individual with respect to such interpretations; and “(4) with respect to the first screening mammography per-formed on a woman for which payment is made pursuant to section 1501(a), there are satisfactory assurances that the results of the mammography will be placed in permanent medical records maintained with respect to the woman. “(d) Quality Assurance Regarding Screening for Cervical Cancer.— The Secretary may not make a grant under section 1501 unless the State involved agrees that the State will assure the quality of any screening procedure for cervical cancer conducted pursuant to such section and, in the case of the pap smear (or other cytological screening procedure replacing the pap smear pursuant to subsection (b)), will provide— “(1) the maximum number of cytology slides that any individual may screen in a 24-hour period; “(2) requirements that a clinical laboratory maintain a record Records. of— “(A) the number of cytology slides screened during each 24-hour period by each individual who examines cytology slides for the laboratory; and “(B) the number of hours devoted during each 24-hour period to screening cytology slides by such individual; “(3) criteria for requiring rescreening of cytological preparations, such as— “(A) random rescreening of cytology specimens determined to be in the benign category; “(B) focused rescreening of such preparations in high risk groups; and “(C) for each abnormal cytological result, rescreening of all prior cytological specimens for the patient, if available; “(4) periodic confirmation and evaluation of the proficiency of individuals involved in screening or interpreting cytological preparations, including announced and unannounced on-site proficiency testing of such individuals, with such testing to take place, to the extent practicable, under normal working conditions; “(5) procedures for detecting inadequately prepared slides, for assuring that no cytological diagnosis is rendered on such slides, and for notifying referring physicians of such slides; “(6) requirements that all cytological screening be done on the premises of an appropriately qualified laboratory; “(7) requirements for the retention of cytology slides by lab-oratories for appropriate periods of time; and “(8) requirements of periodic inspection of cytology services by persons capable of evaluating the quality of cytology services. “(e) Issuance by Secretary of Guidelines With Respect to Quality of Mammography and Cytological Services.— “(1) In general.— The Secretary shall establish guidelines for assuring the quality of any mammography and cytological screening procedure conducted pursuant to section 1501(a). Such guidelines with respect to mammography shall include the provisions of paragraphs (1) through (4) of subsection (c), and such guidelines with respect to cytological screening procedures shall include the provisions of paragraphs (1) through (8) of subsection (d). “(2) Applicability with respect to grants.— The Secretary may not make a grant under section 1501 unless the State involved agrees that the State will, with respect to any mammography or cytological screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1). “(3) Responsibility of states in absence of guidelines.— With respect to circumstances in which a State receives a grant under section 1501 before the issuance of guidelines under paragraph (1), this subsection may not be construed to affect in such circumstances the obligation of the State pursuant to subsection (a)(1) to provide for screening procedures and referrals or the obligations under subsections (c) and (d) with respect to providing for quality in the screening procedures. “SEC. 1504. ADDITIONAL REQUIRED AGREEMENTS. “(a) Priority for Low-Income Women.— The Secretary may not make a grant under section 1501 unless the State involved agrees that low-income women will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 1501(a). “(b) Limitation on Imposition of Fees for Services.— The Secretary may not make a grant under section 1501 unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge— “(1) will be made according to a schedule of charges that is made available to the public; “(2) will be adjusted to reflect the income of the woman involved; and “(3) will not be imposed on any woman with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. “(c) Statewide Provision of Services.— “(1) In general.— The Secretary may not make a grant under section 1501 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act). “(2) Waiver.— The Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 1501(a). “(d) Relationship to Items and Services Under Other Programs.— The Secretary may not make a grant under section 1501 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— “(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or “(2) by an entity that provides health services on a prepaid basis. “(e) Coordination With Other Breast and Cervical Cancer Programs.— The Secretary may not make a grant under section 1501 unless the State involved agrees that the services and activities funded through the grant shall be coordinated with other Federal, State, and local breast and cervical cancer programs. “(f) Limitation on Administrative Expenses.— The Secretary may not make a grant under section 1501 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. “(g) Restrictions on Use of Grant.— The Secretary may not make a grant under section 1501 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services for any individual. “(h) Records and Audits.— The Secretary may not make a grant under section 1501 unless the State involved agrees that— “(1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursal of, and accounting for, amounts received by the State under such section; and “(2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller of the United States for purposes of auditing the expenditures by the State of the grant. “(i) Reports to Secretary.— The Secretary may not make a grant under section 1501 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. “SEC. 1505. DESCRIPTION OF INTENDED USES OF GRANT. “The Secretary may not make a grant under section 1501 unless— “(1) the State involved submits to the Secretary a description of the purposes for which the State intends to expend the grant; “(2) the description identifies the populations, areas, and localities in the State with a need for the services or activities described in section 1501(a); “(3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprivate entities; and “(4) the description provides assurances that the grant funds be used in the most cost-effective manner. “SEC. 1506. REQUIREMENT OF SUBMISSION OF APPLICATION. “The Secretary may not make a grant under section 1501 unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 1505, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title. “SEC. 1507. TECHNICAL ASSISTANCE AND PROVISION OF SUPPLIES AND SERVICES IN LIEU OF GRANT FUNDS. “(a) Technical Assistance.— The Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 1501. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities. “(b) Provision of Supplies and Services in Lieu of Grant Funds.— “(1) In general.— Upon the request of a State receiving a grant under section 1501, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. “(2) Corresponding reduction in payments.— With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 1501 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. “SEC. 1508. EVALUATIONS AND REPORTS. “(a) Evaluations.— The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 1501. “(b) Report to Congress.— The Secretary shall, not later than 1 year after the date on which amounts are first appropriated pursuant to section 1509(a), and annually thereafter, submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate. “SEC. 1509. FUNDING. “(a) Authorization of Appropriations.— For the purpose of carrying out this title, there are authorized to be appropriated $50,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 and 1993. “(b) Set-Aside for Technical Assistance and Provision of Sup-plies and Services.— Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 20 percent for carrying out section 1507.”.National Institutes of Health Revitalization Act of 1993
Pub. L. 103–43 § 2008(c)(1) · 107 Stat. 122
Amended · 42 U.S.C. § 300k(b)
Pub. L. 103–43, § 2008(c)(1), designated existing provisions as par. (1)
Inserted · 42 U.S.C. § 300k(b)
Pub. L. 103–43, § 2008(c)(1), inserted par. heading
Substituted · 42 U.S.C. § 300k(b)
Pub. L. 103–43, § 2008(c)(1), substituted “may, subject to paragraph (2), expend” for “may expend”
Added · 42 U.S.C. § 300k(b)
Pub. L. 103–43, § 2008(c)(1), added par. (2)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–43, § 2008(c)(1), designated existing provisions as par. (1), inserted par. heading, substituted “may, subject to paragraph (2), expend” for “may expend”, and added par. (2).Enacted provision · exact public law section
(1) Limited authority regarding for-profit entities.— Section 1501(b) of the Public Health Service Act (42 U.S.C. 300k(b)) is amended— (A) by striking “States.—A State” and all that follows through “may expend” and inserting the following: “ States .— “(1) In general.— A State receiving a grant under subsection (a) may, subject to paragraph (2), expend”; and (B) by adding at the end the following paragraph: “(2) Limited authority regarding other entities.— In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) through entering into contracts with private entities. The amount paid by a State to a private entity under the preceding sentence for a screening procedure may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act if payment were made under such part for furnishing the procedure to a woman enrolled under such part.”.Preventive Health Amendments of 1993
Pub. L. 103–183 § 101(g)(1) · 107 Stat. 2226
Substituted · 42 U.S.C. § 300k(a)
Pub. L. 103–183, § 101(g)(1), substituted “Control and Prevention” for “Control” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–183, § 101(g)(1), substituted “Control and Prevention” for “Control” in introductory provisions.Enacted provision · exact public law section
(1) in section 1501(a), in the matter preceding paragraph 42 USC 300k. (1), by striking “Control,” and inserting “Control and Prevention,”; andEffective date note
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.Preventive Health Amendments of 1993
Pub. L. 103–183 § 101(a) · 107 Stat. 2226
Substituted · 42 U.S.C. § 300k(b)
Pub. L. 103–183, § 101(a), substituted “paragraphs (2) and (3)” for “paragraph (2)” in par. (1)
Added · 42 U.S.C. § 300k(b)
Pub. L. 103–183, § 101(a), added pars. (2) and (3)
Struck · 42 U.S.C. § 300k(b)
Pub. L. 103–183, § 101(a), struck out heading and text of former par. (2). Text read as follows: “In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) of this section through entering into contracts with private entities. The amount paid by a State to a private entity under the preceding sentence for a screening procedure may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act if payment were made under such part for furnishing the procedure to a woman enrolled under such part.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–183, § 101(a), substituted “paragraphs (2) and (3)” for “paragraph (2)” in par. (1), added pars. (2) and (3), and struck out heading and text of former par. (2). Text read as follows: “In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) of this section through entering into contracts with private entities. The amount paid by a State to a private entity under the preceding sentence for a screening procedure may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act if payment were made under such part for furnishing the procedure to a woman enrolled under such part.”Enacted provision · exact public law section
(a) Limited Authority Regarding For-Profit Entities.— Section 1501(b) of the Public Health Service Act (42 U.S.C. 300k(b)), as amended by section 2008(c)(1) of Public Law 103–43 (107 Stat. 211), is amended— (1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and (2) by striking paragraph (2) and inserting the following paragraphs: “(2) Limited authority regarding other entities.— In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) through entering into contracts with private entities that are not nonprofit entities. “(3) Payments for screenings.— The amount paid by a State to an entity under this subsection for a screening procedure under subsection (a)(1) may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act if payment were made under such part for furnishing the procedure to a woman enrolled under such part.”.Effective date note
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.Preventive Health Amendments of 1993
Pub. L. 103–183 § 101(f) · 107 Stat. 2226
Added · 42 U.S.C. § 300k(c)
Pub. L. 103–183, § 101(f), added subsec. (c) relating to coordinating committee regarding year 2000 health objectives
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–183, § 101(f), added subsec. (c) relating to coordinating committee regarding year 2000 health objectives.Enacted provision · exact public law section
(f) Establishment of Coordinating Committee.— Section 1501 of the Public Health Service Act (42 U.S.C. 300k) is amended by adding at the end the following subsection: “(c) Coordinating Committee Regarding Year 2000 Health Objectives.— The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to coordinate the activities of the agencies of the Public Health Service (and other appropriate Federal agencies) that are carried out toward achieving the objectives established by the Secretary for reductions in the rate of mortality from breast and cervical cancer in the United States by the year 2000. Such committee shall be comprised of Federal officers or employees designated by the heads of the agencies involved to serve on the committee as representatives of me agencies, and such representatives from other public or private entities as the Secretary determines to be appropriate.”.Effective date note
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.Preventive Health Amendments of 1993
Pub. L. 103–183 § 101(b) · 107 Stat. 2226
Added · 42 U.S.C. § 300k(c)
Pub. L. 103–183, § 101(b), added subsec. (c) relating to special consideration for certain States
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–183, § 101(b), added subsec. (c) relating to special consideration for certain States.Enacted provision · exact public law section
(b) Special Consideration.— Section 1501 of the Public Health Service Act (42 U.S.C. 300k) is amended by adding at the end the following subsection: “(c) Special Consideration for Certain States.— In making grants under subsection (a) to States whose initial grants under such subsection are made for fiscal year 1995 or any subsequent fiscal year, the Secretary shall give special consideration to any State whose proposal for carrying out programs under such subsection— “(1) has been approved through a process of peer review; and “(2) is made with respect to geographic areas in which there is— “(A) a substantial rate of mortality from breast or cervical cancer; or “(B) a substantial incidence of either of such cancers.”.Effective date note
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.Women’s Health Research and Prevention Amendments of 1998
Pub. L. 105–340 § 203(a) · 112 Stat. 3191
Inserted · 42 U.S.C. § 300k(a)(2)
Pub. L. 105–340, § 203(a), inserted “and support services such as case management” before semicolon at end
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 105–340, § 203(a), inserted “and support services such as case management” before semicolon at end.Enacted provision · exact public law section
(a) Services.— Section 1501(a)(2) of the Public Health Service Act (42 U.S.C. 300k(a)(2)) is amended by inserting before the semicolon the following: “and support services such as case management”.Women’s Health Research and Prevention Amendments of 1998
Pub. L. 105–340 § 203(b)(1) · 112 Stat. 3191
Substituted · 42 U.S.C. § 300k(b)(1)
Pub. L. 105–340, § 203(b)(1), substituted “through grants to public and nonprofit private entities and through contracts with public and private entities.” for “through grants to, and contracts with, public or nonprofit private entities.”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–340, § 203(b)(1), substituted “through grants to public and nonprofit private entities and through contracts with public and private entities.” for “through grants to, and contracts with, public or nonprofit private entities.”Enacted provision · exact public law section
(1) in paragraph (1), by striking “through grants” and all that follows and inserting the following: “through grants to public and nonprofit private entities and through contracts with public and private entities.”; andWomen’s Health Research and Prevention Amendments of 1998
Pub. L. 105–340 § 203(b)(2) · 112 Stat. 3191
Added · 42 U.S.C. § 300k(b)(2)
Pub. L. 105–340, § 203(b)(2), added par. (2)
Struck · 42 U.S.C. § 300k(b)(2)
Pub. L. 105–340, § 203(b)(2), struck out heading and text of former par. (2). Text read as follows: “In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) of this section through entering into contracts with private entities that are not nonprofit entities.”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 105–340, § 203(b)(2), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) of this section through entering into contracts with private entities that are not nonprofit entities.”Enacted provision · exact public law section
(2) by striking paragraph (2) and inserting the following: “(2) Certain applications.— If a nonprofit private entity and a private entity that is not a nonprofit entity both submit applications to a State to receive an award of a grant or contract pursuant to paragraph (1), the State may give priority to the application submitted by the nonprofit private entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other private entity.”.Health Professions Education Partnerships Act of 1998
Pub. L. 105–392 title IV § 401(b)(5) · 112 Stat. 3524
Redesignated · 42 U.S.C. § 300k(c); 42 U.S.C. § 300k(d)
Pub. L. 105–392 redesignated subsec. (c), relating to coordinating committee regarding year 2000 health objectives, as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 105–392 redesignated subsec. (c), relating to coordinating committee regarding year 2000 health objectives, as (d).Enacted provision · exact public law section
(5) in section 1501, by redesignating the second subsection 42 USC 300k. (c) (added by section 101(f) of Public Law 103–183) as subsection(d); andEffective date note
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.National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2007
Pub. L. 110–18 § 2(1) · 121 Stat. 80
Substituted · 42 U.S.C. § 300k(d)
Pub. L. 110–18 substituted “2020” for “2000” in text
Substituted · 42 U.S.C. § 300k(d)
Pub. L. 110–18 substituted “by the year 2020” for “by the year 2000” in text
Source evidence
Code amendment note
Subsec. (d). Pub. L. 110–18 substituted “2020” for “2000” in heading and “by the year 2020” for “by the year 2000” in text.Enacted provision · exact public law section
(1) in section 42 USC 300k. 1501(d)— (A) in the heading, by striking “2000” and inserting “2020”; and (B) by striking “by the year 2000” and inserting “by the year 2020”;
18 of 18 references resolved to an enrolled provision
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (b)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part B of title XVIII of the Act is classified generally to part B (§ 1395j et seq.) of subchapter XVIII of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Prior Provisions
A prior section 300k, Pub. L. 93–641, § 2, , 88 Stat. 2226, set forth Congressional findings relating to national health planning and development, prior to omission in connection with repeal of former section 300k–1 et seq. of this title.
A prior section 1501 of act July 1, 1944, ch. 373, title XV, as added , Pub. L. 93–641, § 3, 88 Stat. 2227; amended , Pub. L. 96–79, title I, § 101(a)(1)(A), (2), (3), 93 Stat. 593; , Pub. L. 96–538, title III, § 301, 94 Stat. 3190, which related to guidelines for national health policy, was classified to section 300k–1 of this title, prior to repeal by Pub. L. 99–660, title VII, § 701(a), , 100 Stat. 3799, effective .
Prior sections 300k–2 and 300k–3 were repealed by Pub. L. 99–660, title VII, § 701(a), , 100 Stat. 3799, effective .
Section 300k–2, act July 1, 1944, ch. 373, title XV, § 1502, as added , Pub. L. 93–641, § 3, 88 Stat. 2227; amended , Pub. L. 95–619, title III, § 303(a), 92 Stat. 3248; , Pub. L. 96–79, title I, §§ 102(a), 103(a), (b), 93 Stat. 594, 595, related to national health priorities and strengthening competition in supply of services.
Section 300k–3, act July 1, 1944, ch. 373, title XV, § 1503, as added , Pub. L. 93–641, § 3, 88 Stat. 2228; amended , Pub. L. 95–83, title I, § 106(a), 91 Stat. 384; , Pub. L. 96–32, § 7(g), 93 Stat. 84; , Pub. L. 96–79, title I, § 102(b), 93 Stat. 594; , Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, related to National Council on Health Planning and Development.
Amendments1993–2007 · 3 rounds
2007
Subsec. (d). Pub. L. 110–18 substituted “2020” for “2000” in heading and “by the year 2020” for “by the year 2000” in text.
1998
Subsec. (a)(2). Pub. L. 105–340, § 203(a), inserted “and support services such as case management” before semicolon at end.
Subsec. (b)(1). Pub. L. 105–340, § 203(b)(1), substituted “through grants to public and nonprofit private entities and through contracts with public and private entities.” for “through grants to, and contracts with, public or nonprofit private entities.”
Subsec. (b)(2). Pub. L. 105–340, § 203(b)(2), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) of this section through entering into contracts with private entities that are not nonprofit entities.”
Subsecs. (c), (d). Pub. L. 105–392 redesignated subsec. (c), relating to coordinating committee regarding year 2000 health objectives, as (d).
1993
Subsec. (a). Pub. L. 103–183, § 101(g)(1), substituted “Control and Prevention” for “Control” in introductory provisions.
Subsec. (b). Pub. L. 103–183, § 101(a), substituted “paragraphs (2) and (3)” for “paragraph (2)” in par. (1), added pars. (2) and (3), and struck out heading and text of former par. (2). Text read as follows: “In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) of this section through entering into contracts with private entities. The amount paid by a State to a private entity under the preceding sentence for a screening procedure may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act if payment were made under such part for furnishing the procedure to a woman enrolled under such part.”
Pub. L. 103–43, § 2008(c)(1), designated existing provisions as par. (1), inserted par. heading, substituted “may, subject to paragraph (2), expend” for “may expend”, and added par. (2).
Subsec. (c). Pub. L. 103–183, § 101(f), added subsec. (c) relating to coordinating committee regarding year 2000 health objectives.
Pub. L. 103–183, § 101(b), added subsec. (c) relating to special consideration for certain States.
Statutory Notes and Related Subsidiaries
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.
Credits
1944–2007 · 6 acts
- 1944July 1, 1944, ch. 373, title XV, § 1501, as added Pub. L. 101–354, § 2, , 104 Stat. 409
- 1993amended Pub. L. 103–43, title XX, § 2008(c)(1), , 107 Stat. 211
- 1993Pub. L. 103–183, title I, § 101(a), (b), (f), (g)(1), , 107 Stat. 2227–2229
- 1998Pub. L. 105–340, title II, § 203(a), (b), , 112 Stat. 3194
- 1998Pub. L. 105–392, title IV, § 401(b)(5), , 112 Stat. 3587
- 2007Pub. L. 110–18, § 2(1), , 121 Stat. 80.
Show as published
(July 1, 1944, ch. 373, title XV, § 1501, as added Pub. L. 101–354, § 2, , 104 Stat. 409; amended Pub. L. 103–43, title XX, § 2008(c)(1), , 107 Stat. 211; Pub. L. 103–183, title I, § 101(a), (b), (f), (g)(1), , 107 Stat. 2227–2229; Pub. L. 105–340, title II, § 203(a), (b), , 112 Stat. 3194; Pub. L. 105–392, title IV, § 401(b)(5), , 112 Stat. 3587; Pub. L. 110–18, § 2(1), , 121 Stat. 80.)