Browse Arkansas Code titles and sections
42 U.S.C. § 300m — Requirements with respect to type and
Federal law — U.S. Code and appendices · legal_authorities
Page 1346
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 300m
1 So in original. Probably should be ‘‘waiver’’.
1507; Oct. 4, 1979, Pub. L. 96–79, title I, § 105(a)–(d)(1)(A),
(2), (e), (g), (h), 93 Stat. 596–598; Oct. 17, 1979, Pub. L.
96–88, title V, § 509(b), 93 Stat. 695, provided for designa-
tion of health systems agencies.
Section 300l–5, act July 1, 1944, ch. 373, title XV, § 1516,
as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2241;
amended Aug. 1, 1977, Pub. L. 95–83, title I, § 102(a), 91
Stat. 383; Dec. 19, 1977, Pub. L. 95–215, § 6(a)(2), 91 Stat.
1507; Oct. 4, 1979, Pub. L. 96–79, title I, §§ 106, 107(b),
127(a), 93 Stat. 598, 600, 629; Dec. 17, 1980, Pub. L. 96–538,
title III, § 302, 94 Stat. 3190; Aug. 13, 1981, Pub. L. 97–35,
title IX, §§ 933(a)(1), 934(a), 95 Stat. 570, 571, provided for
planning grants to health systems agencies.
§ 300m. 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 300k of this title unless the State in-
volved 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 300k(a) of this title, in-
cluding 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 mammog-
raphy are conducted; and
(B) in the case of cervical cancer, both a
pelvic examination and the screening proce-
dure known as a pap smear are
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 300m
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 9b78417b3b650d33a574e591180c68bec20c5acdf023566954c3dc9b70428b78. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-87bd10822b3c5779b90cf41d
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-300m-requirements-with-respect-to-type-and--978a6dc28b.md
Pages: Not recorded – Not recorded
Passage SHA-256: 6d1f5010206760bf3e70fefb697f86e47b3454c556a00842f10fd2440f8d6f4b
Source location: USCODE-2024-title42-chap6A-subchapXIII-sec300m.pdf
Stored source content
Page 1346
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 300m
1 So in original. Probably should be ‘‘waiver’’.
1507; Oct. 4, 1979, Pub. L. 96–79, title I, § 105(a)–(d)(1)(A),
(2), (e), (g), (h), 93 Stat. 596–598; Oct. 17, 1979, Pub. L.
96–88, title V, § 509(b), 93 Stat. 695, provided for designa-
tion of health systems agencies.
Section 300l–5, act July 1, 1944, ch. 373, title XV, § 1516,
as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2241;
amended Aug. 1, 1977, Pub. L. 95–83, title I, § 102(a), 91
Stat. 383; Dec. 19, 1977, Pub. L. 95–215, § 6(a)(2), 91 Stat.
1507; Oct. 4, 1979, Pub. L. 96–79, title I, §§ 106, 107(b),
127(a), 93 Stat. 598, 600, 629; Dec. 17, 1980, Pub. L. 96–538,
title III, § 302, 94 Stat. 3190; Aug. 13, 1981, Pub. L. 97–35,
title IX, §§ 933(a)(1), 934(a), 95 Stat. 570, 571, provided for
planning grants to health systems agencies.
§ 300m. 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 300k of this title unless the State in-
volved 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 300k(a) of this title, in-
cluding 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 mammog-
raphy are conducted; and
(B) in the case of cervical cancer, both a
pelvic examination and the screening proce-
dure 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 300k(a) of this title is provided; and
(4) to ensure that not more than 40 percent
of the grant is expended to provide the serv-
ices 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 300k of this title unless the State in-
volved agrees that, if any screening procedure
superior to a procedure described in subsection
(a)(2) becomes commonly available and is rec-
ommended for use, any entity providing screen-
ing procedures pursuant to the grant will utilize
the superior procedure rather than the proce-
dure described in such subsection.
(c) Quality assurance regarding screening proce-
dures
The Secretary may not make a grant under
section 300k of this title unless the State in-
volved agrees that the State will, in accordance
with applicable law, assure the quality of
screening procedures conducted pursuant to
such section.
(d) Waiver of services requirement on division of
funds
(1) In general
The Secretary shall establish a demonstra-
tion project under which the Secretary may
waive the requirements of paragraphs (1) and
(4) of subsection (a) for not more than 5
States, if—
(A) the State involved will use the waiver
to leverage non-Federal funds to supplement
each of the services or activities described in
paragraphs (1) and (2) of section 300k(a) of
this title;
(B) the application of such requirement
would result in a barrier to the enrollment
of qualifying women;
(C) the State involved—
(i) demonstrates, to the satisfaction of
the Secretary, the manner in which the
State will use such waiver to expand the
level of screening and follow-up services
provided immediately prior to the date on
which the waiver is granted; and
(ii) provides assurances, satisfactory to
the Secretary, that the State will, on an
annual basis, demonstrate, through such
documentation as the Secretary may re-
quire, that the State has used such waiver
as described in clause (i);
(D) the State involved submits to the Sec-
retary—
(i) assurances, satisfactory to the Sec-
retary, that the State will maintain the
average annual level of State fiscal year
expenditures for the services and activities
described in paragraphs (1) and (2) of sec-
tion 300k(a) of this title for the period for
which the waiver is granted, and for the
period for which any extension of such
wavier 1 is granted, at a level that is not
less than—
(I) the level of the State fiscal year ex-
penditures for such services and activi-
ties for the fiscal year preceding the first
fiscal year for which the waiver is grant-
ed; or
(II) at the option of the State and upon
approval by the Secretary, the average
level of the State expenditures for such
services and activities for the 3-fiscal
year period preceding the first fiscal
year for which the waiver is granted; and
(ii) a plan, satisfactory to the Secretary,
for maintaining the level of activities car-
ried out under the waiver after the expira-
tion of the waiver and any extension of
such waiver;
(E) the Secretary finds that granting such
a waiver to a State will increase the number
of women in the State that receive each of
the services or activities described in para-
graphs (1) and (2) of section 300k(a) of this
title, including making available screening
procedures for both breast and cervical can-
cers; and
(F) the Secretary finds that granting such
a waiver to a State will not adversely affect
the quality of each of the services or activi-
ties described in paragraphs (1) and (2) of
section 300k(a) of this title.
(2) Duration of waiver
(A) In general
In granting waivers under paragraph (1),
the Secretary—
Page 1347
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 300m
2 So in original. Probably should be ‘‘non-Federal’’.
(i) shall grant such waivers for a period
that is not less than 1 year but not more
than 2 years; and
(ii) upon request of a State, may extend
a waiver for an additional period that is
not less than 1 year but not more than 2
years in accordance with subparagraph (B).
(B) Additional period
The Secretary, upon the request of a State
that has received a waiver under paragraph
(1), shall, at the end of the waiver period de-
scribed in subparagraph (A)(i), review per-
formance under the waiver and may extend
the waiver for an additional period if the
Secretary determines that—
(i) without an extension of the waiver,
there will be a barrier to the enrollment of
qualifying women;
(ii) the State requesting such extended
waiver will use the waiver to leverage non-
Federal funds to supplement the services
or activities described in paragraphs (1)
and (2) of section 300k(a) of this title;
(iii) the waiver has increased, and will
continue to increase, the number of
women in the State that receive the serv-
ices or activities described in paragraphs
(1) and (2) of section 300k(a) of this title;
(iv) the waiver has not, and will not, re-
sult in lower quality in the State of the
services or activities described in para-
graphs (1) and (2) of section 300k(a) of this
title; and
(v) the State has maintained the average
annual level of State fiscal expenditures
for the services and activities described in
paragraphs (1) and (2) of section 300k(a) of
this title for the period for which the waiv-
er was granted at a level that is not less
than—
(I) the level of the State fiscal year ex-
penditures for such services and activi-
ties for the fiscal year preceding the first
fiscal year for which the waiver is grant-
ed; or
(II) at the option of the State and upon
approval by the Secretary, the average
level of the State expenditures for such
services and activities for the 3-fiscal
year period preceding the first fiscal
year for which the waiver is granted.
(3) Reporting requirements
The Secretary shall include as part of the
evaluations and reports required under section
300n–4 of this title, the following:
(A) A description of the total amount of
dollars leveraged annually from Non-Fed-
eral 2 entities in States receiving a waiver
under paragraph (1) and how these amounts
were used.
(B) With respect to States receiving a
waiver under paragraph (1), a description of
the percentage of the grant that is expended
on providing each of the services or activi-
ties described in—
(i) paragraphs (1) and (2) of section
300k(a) of this title; and
(ii) paragraphs (3) through (6) of section
300k(a) of this title.
(C) A description of the number of States
receiving waivers under paragraph (1) annu-
ally.
(D) With respect to States receiving a
waiver under paragraph (1), a description
of—
(i) the number of women receiving serv-
ices under paragraphs (1), (2), and (3) of
section 300k(a) of this title in programs be-
fore and after the granting of such waiver;
and
(ii) the average annual level of State fis-
cal expenditures for the services and ac-
tivities described in paragraphs (1) and (2)
of section 300k(a) of this title for the year
preceding the first year for which the
waiver was granted.
(4) Limitation
Amounts to which a waiver applies under
this subsection shall not be used to increase
the number of salaried employees.
(5) Definitions
In this subsection:
(A) Indian tribe
The term ‘‘Indian tribe’’ has the meaning
given the term in section 1603 of title 25.
(B) Tribal organization
The term ‘‘tribal organization’’ has the
meaning given the term in section 1603 of
title 25.
(C) State
The term ‘‘State’’ means each of the sev-
eral States of the United States, the District
of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Repub-
lic of the Marshall Islands, the Federated
States of Micronesia, the Republic of Palau,
an Indian tribe, and a tribal organization.
(6) Sunset
The Secretary may not grant a waiver or ex-
tension under this subsection after September
30, 2012.
(July 1, 1944, ch. 373, title XV, § 1503, as added
Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 410;
amended Pub. L. 103–183, title I, § 101(c)(1), Dec.
14, 1993, 107 Stat. 2227; Pub. L. 110–18, § 2(2), Apr.
20, 2007, 121 Stat. 80.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 300m to 300m–6 were repealed by Pub.
L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799,
effective Jan. 1, 1987.
Section 300m, act July 1, 1944, ch. 373, title XV, § 1521,
as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2242;
amended Aug. 1, 1977, Pub. L. 95–83, title I, § 106(l), (m),
91 Stat. 385; Dec. 19, 1977, Pub. L. 95–215, § 6(b), 91 Stat.
1507; July 16, 1979, Pub. L. 96–33, 93 Stat. 86; Oct. 4, 1979,
Pub. L. 96–79, title I, § 123(a), (b)(1)(A), (2), (d), (f), (g)(2),
93 Stat. 624–627; 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; Dec. 17, 1980, Pub. L. 96–538, title III,
§ 303(b), 94 Stat. 3190; Aug. 13, 1981, Pub. L. 97–35, title
IX, §§ 902(g)(5), 936(b), 95 Stat. 561, 572; Jan. 4, 1983, Pub.
L. 97–414, § 9(b), 96 Stat. 2064, provided for designation of
State health planning and development agencies.
Page 1348
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 300n
A prior section 1503 of act July 1, 1944, ch. 373, title
XV, 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,
which related to National Council on Health Planning
and Development, was classified to section 300k–3 of
this title.
Section 300m–1, act July 1, 1944, ch. 373, title XV,
§ 1522, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat.
2244; amended 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1,
1979, 43 F.R. 36037, 92 Stat. 3783; Oct. 4, 1979, Pub. L.
96–79, title I, §§ 101(b)(2), 111(c), 115(b)(3), 117(b)(4), 120(b),
122(b), 123(c)(1)(A), (e)(1), 93 Stat. 594, 605, 607, 620, 622,
624, 625, 626; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b),
93 Stat. 695, related to State administrative programs.
Section 300m–2, act July 1, 1944, ch. 373, title XV,
§ 1523, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat.
2246; amended Aug. 1, 1977, Pub. L. 95–83, title I, § 106(n),
91 Stat. 385; Oct. 4, 1979, Pub. L. 96–79, title I,
§§ 115(c)(1)(A)–(C), (i)(2), 117(b)(1), (2), 118(a)(2), (b)(2),
123(c)(2), (3), (e)(2), (g)(1), 93 Stat. 607, 608, 610, 618, 619,
621, 625–627; Oct. 7, 1980, Pub. L. 96–398, title III, § 303, 94
Stat. 1588, related to State health planning and devel-
opment functions.
Section 300m–3, act July 1, 1944, ch. 373, title XV,
§ 1524, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat.
2247; amended Oct. 4, 1979, Pub. L. 96–79, title I,
§§ 110(d)(2), 113(b), 115(a), (c)(1)(D), (d)(3), (g), (i)(2)–(4),
119(a), 124, 93 Stat. 604, 606–610, 621, 627; Jan. 2, 1980, Pub.
L. 96–181, § 15(b), 93 Stat. 1316; Dec. 17, 1980, Pub. L.
96–538, title III, §§ 304, 305, 94 Stat. 3191; Aug. 13, 1981,
Pub. L. 97–35, title IX, § 902(g)(6), 95 Stat. 561, related to
composition and functions of Statewide Health Coordi-
nating Councils.
Section 300m–4, act July 1, 1944, ch. 373, title XV,
§ 1525, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat.
2249; amended Aug. 1, 1977, Pub. L. 95–83, title I, § 102(b),
91 Stat. 383; Oct. 4, 1979, Pub. L. 96–79, title I, §§ 107(c),
127(b), 93 Stat. 600, 629; Aug. 13, 1981, Pub. L. 97–35, title
IX, § 933(a)(2), 95 Stat. 570, provided for grants for State
health planning and development.
Section 300m–5, act July 1, 1944, ch. 373, title XV,
§ 1526, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat.
2249; amended Aug. 1, 1977, Pub. L. 95–83, title I,
§§ 102(c), 106(o), 91 Stat. 383, 385; Oct. 4, 1979, Pub. L.
96–79, title I, §§ 107(d), 120(c), 127(c), 93 Stat. 600, 622, 629,
provided for grants for rate regulation.
Section 300m–6, act July 1, 1944, ch. 373, title XV,
§ 1527, as added Oct. 4, 1979, Pub. L. 96–79, title I, § 117(a),
93 Stat. 614; amended Dec. 17, 1980, Pub. L. 96–538, title
III, §§ 306, 307, 94 Stat. 3191; Aug. 13, 1981, Pub. L. 97–35,
title IX, § 949(c), 95 Stat. 578, related to certificate of
need program.
AMENDMENTS
2007—Subsec. (d). Pub. L. 110–18 added subsec. (d).
1993—Subsecs. (c) to (e). Pub. L. 103–183 added subsec.
(c) and struck out former subsecs. (c) which related to
quality assurance regarding screening for breast can-
cer, (d) which related to quality assurance regarding
screening for cervical cancer, and (e) which related to
issuance by Secretary of guidelines with respect to
quality of mammography and cytological services.
Statutory Notes and Related Subsidiaries
TRANSITION RULE REGARDING MAMMOGRAPHIES
Pub. L. 103–183, title I, § 101(c)(2), Dec. 14, 1993, 107
Stat. 2228, provided that: ‘‘With respect to the screen-
ing procedure for breast cancer known as a mammog-
raphy, the requirements in effect on the day before the
date of the enactment of this Act [Dec. 14, 1993] under
section 1503(c) of the Public Health Service Act [42
U.S.C. 300m(c)] remain in effect (for an individual or fa-
cility conducting such procedures pursuant to a grant
to a State under section 1501 of such Act [42 U.S.C.
300k]) until there is in effect for the facility a certifi-
cate (or provisional certificate) issued under section 354
of such Act [42 U.S.C. 263b].’’
§ 300n. Additional required agreements
(a) Priority for low-income women
The Secretary may not make a grant under
section 300k of this title unless the State in-
volved agrees that low-income women will be
given priority in the provision of services and
activities pursuant to paragraphs (1) and (2) of
section 300k(a) of this title.
(b) Limitation on imposition of fees for services
The Secretary may not make a grant under
section 300k of this title unless the State in-
volved 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 offi-
cial poverty line, as established by the Direc-
tor of the Office of Management and Budget
and revised by the Secretary in accordance
with section 9902(2) of this title.
(c) Statewide provision of services
(1) In general
The Secretary may not make a grant under
section 300k of this title unless the State in-
volved 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 orga-
nization (as such terms are defined in section
5304 of title 25).
(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 sec-
tion 300k(a) of this title.
(3) Grants to tribes and tribal organizations
(A) The Secretary, acting through the Direc-
tor of the Centers for Disease Control and Pre-
vention, may make grants to tribes and tribal
organizations (as such terms are used in para-
graph (1)) for the purpose of carrying out pro-
grams described in section 300k(a) of this title.
This subchapter applies to such a grant (in re-
lation to the jurisdiction of the tribe or orga-
nization) to the same extent and in the same
manner as such subchapter applies to a grant
to a State under section 300k of this title (in
relation to the jurisdiction of the State).
(B) If a tribe or tribal organization is receiv-
ing a grant under subparagraph (A) and the
State in which the tribe or organization is lo-
cated is receiving a grant under section 300k of
this title, the requirement established in para-
graph (1) for the State regarding the tribe or
organization is deemed to have been waived
under paragraph (2).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this section:
(1) **Accreditation body** — The term “accreditation body” means a body that has been approved by the Secretary under subsection (e)(1)(A) to accredit mammography facilities.
(2) **Certificate** — The term “certificate” means the certificate described in subsection (b)(1).
(3) **Facility**
(A) *In general* — The term “facility” means a hospital, outpatient department, clinic, radiology practice, or mobile unit, an office of a physician, or other facility as determined by the Secretary, that conducts breast cancer screening or diagnosis through mammography activities. Such term does not include a facility of the Department of Veterans Affairs.
(B) *Activities* — For the purposes of this section, the activities of a facility include the operation of equipment to produce the mammogram, the processing of the film, the initial interpretation of the mammogram and the viewing conditions for that interpretation. Where procedures such as the film processing, or the interpretation of the mammogram are performed in a location different from where the mammogram is performed, the facility performing the mammogram shall be responsible for meeting the quality standards described in subsection (f).
(4) **Inspection** — The term “inspection” means an onsite evaluation of the facility by the Secretary, or State or local agency on behalf of the Secretary.
(5) **Mammogram** — The term “mammogram” means a radiographic image produced through mammography.
(6) **Mammography** — The term “mammography” means radiography of the breast.
(7) **Survey** — The term “survey” means an onsite physics consultation and evaluation performed by a medical physicist as described in subsection (f)(1)(E).
(8) **Review physician** — The term “review phys
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 263b
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 263b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 488
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a–6
(Pub. L. 102–493, § 6, Oct. 24, 1992, 106 Stat. 3151.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Fertility Clinic
Success Rate and Certification Act of 1992, and not as
part of the Public Health Service Act which comprises
this chapter.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Centers for Disease Control changed to Centers for
Disease Control and Prevention by Pub. L. 102–531, title
III, § 312, Oct. 27, 1992, 106 Stat. 3504.
EFFECTIVE DATE
Section effective upon expiration of 2 years after Oct.
24, 1992, see section 9 of Pub. L. 102–493, set out as a
note under section 263a–1 of this title.
§ 263a–6. Fees
The Secretary may require the payment of
fees for the purpose of, and in an amount suffi-
cient to cover the cost of, administering sec-
tions 263a–1 to 263a–7 of this title. A State oper-
ating a program under section 263a–2 of this title
may require the payment of fees for the purpose
of, and in an amount sufficient to cover the
costs of, administering its program.
(Pub. L. 102–493, § 7, Oct. 24, 1992, 106 Stat. 3151.)
Editorial Notes
REFERENCES IN TEXT
Sections 263a–1 to 263a–7 of this title, referred to in
text, was in the original ‘‘this Act’’, meaning Pub. L.
102–493, Oct. 24, 1992, 106 Stat. 3146, known as the Fer-
tility Clinic Success Rate and Certification Act of 1992,
which enacted sections 263a–1 to 263a–7 of this title and
provisions set out as notes under sections 201 and 263a–1
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 201
of this title and Tables.
CODIFICATION
Section was enacted as part of the Fertility Clinic
Success Rate and Certification Act of 1992, and not
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 263b
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 263b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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 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 and support services such as case management;
(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**
(1) **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.
(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 applic
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300k
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 300k. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 300k
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 300k. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of provision of all services by date certain** The Secretary may not make a grant under [section 300k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k&num=0&edition=prelim) 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 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim), 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 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim) 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 300k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k&num=0&edition=prelim) unless the State involved agrees that, if any scr
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300m
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.