42 U.S.C. § 300k — Establishment of program of grants to

Page 1343 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300k 1 See References in Text note below. (2) Chair The Secretary shall designate a chair from among the Federal members appointed to the Committee. (3) Terms Members of the Committee shall serve for a term of not more than 3 years and the Sec- retary may reappoint members for consecutive terms. (4) Application of FACA The Committee shall be subject to the Fed- eral Advisory Committee Act (5 U.S.C. App.).1 (5) Responsibilities The Committee shall, at a minimum— (A) review the Federal programs and serv- ices available to individuals and commu- nities exposed to lead; (B) review current research on lead poi- soning to identify additional research needs; (C) review and identify best practices, or the need for best practices, regarding lead screening and the prevention of lead poi- soning; (D) identify effective services, including services relating to healthcare, education, and nutrition for individuals and commu- nities affected by lead exposure and lead poi- soning, including in consultation with, as appropriate, the lead exposure registry as es- tablished in subsection (b); and (E) undertake any other review or activi- ties that the Secretary determines to be ap- propriate. (6) Report Annually for 5 years and thereafter as deter- mined necessary by the Secretary or as re- quired by Congress, the Committee shall sub- mit to the Secretary, the Committees on Fi- nance, Health, Education, Labor, and Pen- sions, and Agriculture, Nutrition, and For- estry of the Senate and the Committees on Education and the Workforce, Energy and Commerce, and Agriculture of the House of Representatives a report that includes— (A) an evaluation of the effectiveness of the Federal programs and services available to individuals and communities exposed to lead; (B) an evaluation of additional lead poi- soning research needs; (C) an assessment of any effective screen- ing methods or best practices used or devel- oped to prevent or screen for lead poisoning; (D) input and recommendations for im- proved access to effective services relating to health care, education, or nutrition for individuals and communities impacted by lead exposure; and (E) any other recommendations for com- munities affected by lead exposure, as appro- priate. (d) Authorization of appropriations There are authorized to be appropriated for the period of fiscal years 2017 through 2021— (1) $17,500,000 to carry out subsection (b); and (2) $2,500,000 to carry out subsection (c). (Pub. L. 114–322, title II, § 2203, Dec. 16, 2016, 130 Stat. 1734.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (c)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. CODIFICATION Section was enacted as part of the Water and Waste Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Public Health Service Act which comprises this chapter. SUBCHAPTER XIII—PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND CERVICAL CANCERS § 300k. Establishment of program of grants to States (a) 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 es- tablished 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 med- ical treatment of women screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate fol- low-up services and support services such as case management; (3) to develop and disseminate public infor- mation and education programs for the detec- tion 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 con- trol of breast and cervical cancer; (5) to establish mechanisms through which the States can monitor the quality of screen- ing procedures for breast and cervical cancer, including the interpretation of such proce- dures; 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 (1) In general A State receiving a grant under subsection (a) may, subject to paragraphs (2) and (3), ex- pend the grant to carry out the purpose de- scribed in such subsection through grants to public and nonprofit private entities and through contracts with public and private en- tities. (2) Certain applications If a nonprofit private entity and a private entity that is not a nonprofit entity both sub- Page 1344 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300k mit applications to a State to receive an award of a grant or contract pursuant to para- graph (1), the State may give priority to the application submitted by the nonprofit private entity in any case in which the State deter- mines that the quality of such application is equivalent to the quality of the application submitted by the other private entity. (3) Payments for screenings The amount paid by a State to an entity under this subsection for a screening proce- dure 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. (c) Special consideration for certain States In making grants under subsection (a) to States whose initial grants under such sub- section are made for fiscal year 1995 or any sub- sequent fiscal year, the Secretary shall give spe- cial consideration to any State whose proposal for carrying out programs under such sub- section— (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. (d) 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 objec- tives 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 rep- resentatives from other public or private enti- ties as the Secretary determines to be appro- priate. (July 1, 1944, ch. 373, title XV, § 1501, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 409; amended Pub. L. 103–43, title XX, § 2008(c)(1), June 10, 1993, 107 Stat. 211; Pub. L. 103–183, title I, § 101(a), (b), (f), (g)(1), Dec. 14, 1993, 107 Stat. 2227–2229; Pub. L. 105–340, title II, § 203(a), (b), Oct. 31, 1998, 112 Stat. 3194; Pub. L. 105–392, title IV, § 401(b)(5), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 110–18, § 2(1), Apr. 20, 2007, 121 Stat. 80.) 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, Jan. 4, 1975, 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 Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2227; amended Oct. 4, 1979, Pub. L. 96–79, title I, § 101(a)(1)(A), (2), (3), 93 Stat. 593; Dec. 17, 1980, 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), Nov. 14, 1986, 100 Stat. 3799, ef- fective Jan. 1, 1987. Prior sections 300k–2 and 300k–3 were repealed by Pub. L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987. Section 300k–2, act July 1, 1944, ch. 373, title XV, § 1502, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2227; amended Nov. 9, 1978, Pub. L. 95–619, title III, § 303(a), 92 Stat. 3248; Oct. 4, 1979, Pub. L. 96–79, title I, §§ 102(a), 103(a), (b), 93 Stat. 594, 595, related to national health priorities and strengthening competition in sup- ply of services. Section 300k–3, act July 1, 1944, ch. 373, title XV, § 1503, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2228; amended Aug. 1, 1977, Pub. L. 95–83, title I, § 106(a), 91 Stat. 384; July 10, 1979, Pub. L. 96–32, § 7(g), 93 Stat. 84; Oct. 4, 1979, Pub. L. 96–79, title I, § 102(b), 93 Stat. 594; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, related to National Council on Health Planning and De- velopment. AMENDMENTS 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 enti- ties and through contracts with public and private en- tities.’’ 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 estab- lished 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), sub- stituted ‘‘Control and Prevention’’ for ‘‘Control’’ in in- troductory 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 enti- ty under the preceding sentence for a screening proce- dure 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 provi- sions as par. (1), inserted par. heading, substituted ‘‘may, subject to paragraph (2), expend’’ for ‘‘may ex- pend’’, and added par. (2). Subsec. (c). Pub. L. 103–183, § 101(f), added subsec. (c) relating to coordinating committee regarding year 2000 health objectives. Page 1345 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300l–1 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. § 300l. Requirement of matching funds (a) In general The Secretary may not make a grant under section 300k of this title unless the State in- volved agrees, with respect to the costs to be in- curred 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 con- tributions may be made directly or through do- nations from public or private entities. (b) Determination of amount of non-Federal con- tribution (1) In general Non-Federal contributions required in sub- section (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Govern- ment, 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 sub- section (a), the Secretary may include only non-Federal contributions in excess of the av- erage amount of non-Federal contributions made by the State involved toward the pur- pose described in section 300k of this title 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 contribu- tions for medicaid In making a determination of the amount of non-Federal contributions for purposes of sub- section (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, in- clude any non-Federal amounts expended pur- suant to title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] by the State involved toward the purpose described in paragraphs (1) and (2) of section 300k(a) of this title. (July 1, 1944, ch. 373, title XV, § 1502, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 410.) 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. Title XIX of the Social Security Act is classified generally to sub- chapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see sec- tion 1305 of this title and Tables. PRIOR PROVISIONS A prior section 300l, act July 1, 1944, ch. 373, title XV, § 1511, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2229; amended Apr. 22, 1976, Pub. L. 94–278, title XI, § 1106(a), 90 Stat. 416; Aug. 1, 1977, Pub. L. 95–83, title I, § 106(b), 91 Stat. 384; Oct. 4, 1979, Pub. L. 96–79, title I, § 104(a)(1), (b), 93 Stat. 595, 596, related to establishment of health service areas, prior to repeal by Pub. L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799, ef- fective Jan. 1, 1987. A prior section 1502 of act July 1, 1944, ch. 373, title XV, was classified to section 300k–2 of this title prior to repeal by Pub. L. 99–660. § 300l–1. Requirement regarding medicaid The Secretary may not make a grant under section 300k of this title for a program in a State unless the State plan under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the State includes the screening procedures specified in subparagraphs (A) and (B) of section 300m(a)(2) of this title as medical assistance pro- vided under the plan. (July 1, 1944, ch. 373, title XV, § 1502A, as added Pub. L. 102–531, title III, § 307, Oct. 27, 1992, 106 Stat. 3495.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) 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 Prior sections 300l–1 to 300l–5 were repealed by Pub. L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799, ef- fective Jan. 1, 1987. Section 300l–1, act July 1, 1944, ch. 373, title XV, § 1512, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2232; amended Mar. 19, 1976, Pub. L. 94–237, § 14(b), 90 Stat. 249; Oct. 12, 1976, Pub. L. 94–484, title IX, § 902(a), 90 Stat. 2324; Aug. 1, 1977, Pub. L. 95–83, title I, § 106(c), (d), 91 Stat. 384; Oct. 4, 1979, Pub. L. 96–79, title I, §§ 108(a)–(d)(1), (e), 109, 110(a)–(d)(1), (e)(1), (2)(A), (3), 111(a), (b), 112, 113(a), 114, 93 Stat. 601–607; Aug. 13, 1981, Pub. L. 97–35, title IX, § 935(d), 95 Stat. 571; Oct. 22, 1986, Pub. L. 99–514, § 2, 100 Stat. 2095, related to composition and operation of health systems agencies. Section 300l–2, act July 1, 1944, ch. 373, title XV, § 1513, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2235; amended Mar. 19, 1976, Pub. L. 94–237, § 14(a), 90 Stat. 249; Aug. 1, 1977, Pub. L. 95–83, title I, § 106(e)–(i), 91 Stat. 384, 385; July 10, 1979, Pub. L. 96–32, § 7(m), 93 Stat. 84; Oct. 4, 1979, Pub. L. 96–79, title I, §§ 101(b)(1), 103(c), 107(a), 110(e)(4), (f), 115(b)(1), (2), (c)(2), (d)(1), (2), (e), (f), (h), (i)(1), 118(a)(1), (b)(1), (c), 119(b), 120(a), 121, 122(a), 123(c)(1)(B), 93 Stat. 593, 595, 600, 604, 607–610, 620–625; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695; Jan. 2, 1980, Pub. L. 96–181, § 15(b), 93 Stat. 1316; Oct. 7, 1980, Pub. L. 96–398, title VIII, § 804(d), 94 Stat. 1608; Aug. 13, 1981, Pub. L. 97–35, title IX, § 902(g)(4), 95 Stat. 561, related to functions of health systems agencies. Section 300l–3, act July 1, 1944, ch. 373, title XV, § 1514, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2239; amended Aug. 1, 1977, Pub. L. 95–83, title I, § 106(j), 91 Stat. 385; Oct. 4, 1979, Pub. L. 96–79, title I, § 105(f), 93 Stat. 598, provided for assistance to entities desiring to be designated as health systems agencies. Section 300l–4, act July 1, 1944, ch. 373, title XV, § 1515, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2239; amended Aug. 1, 1977, Pub. L. 95–83, title I, § 106(k), 91 Stat. 385; Dec. 19, 1977, Pub. L. 95–215, § 6(a)(1), 91 Stat.