
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300k]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
 SUBCHAPTER XIII--PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND 
                            CERVICAL CANCERS
 
Sec. 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 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) of this section 
    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 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.

                     (3) Payments for screenings

        The amount paid by a State to an entity under this subsection 
    for a screening procedure under subsection (a)(1) of this section 
    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) of this section 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.

(d) 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 the agencies, and such 
representatives from other public or private entities as the Secretary 
determines to be appropriate.

(July 1, 1944, ch. 373, title XV, Sec. 1501, as added Pub. L. 101-354, 
Sec. 2, Aug. 10, 1990, 104 Stat. 409; amended Pub. L. 103-43, title XX, 
Sec. 2008(c)(1), June 10, 1993, 107 Stat. 211; Pub. L. 103-183, title I, 
Sec. 101(a), (b), (f), (g)(1), Dec. 14, 1993, 107 Stat. 2227-2229; Pub. 
L. 105-340, title II, Sec. 203(a), (b), Oct. 31, 1998, 112 Stat. 3194; 
Pub. L. 105-392, title IV, Sec. 401(b)(5), Nov. 13, 1998, 112 Stat. 
3587.)

                       References in Text

    The Social Security Act, referred to in subsec. (b)(3), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Part B of title XVIII of 
the Act is classified generally to part B (Sec. 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, Sec. 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, Sec. 3, 88 Stat. 2227; amended Oct. 
4, 1979, Pub. L. 96-79, title I, Sec. 101(a)(1)(A), (2), (3), 93 Stat. 
593; Dec. 17, 1980, Pub. L. 96-538, title III, Sec. 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, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 
1987.
    Prior sections 300k-2 and 300k-3 were repealed by Pub. L. 99-660, 
title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 
1987.
    Section 300k-2, act July 1, 1944, ch. 373, title XV, Sec. 1502, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2227; amended Nov. 
9, 1978, Pub. L. 95-619, title III, Sec. 303(a), 92 Stat. 3248; Oct. 4, 
1979, Pub. L. 96-79, title I, Secs. 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, Sec. 1503, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2228; amended Aug. 
1, 1977, Pub. L. 95-83, title I, Sec. 106(a), 91 Stat. 384; July 10, 
1979, Pub. L. 96-32, Sec. 7(g), 93 Stat. 84; Oct. 4, 1979, Pub. L. 96-
79, title I, Sec. 102(b), 93 Stat. 594; Oct. 17, 1979, Pub. L. 96-88, 
title V, Sec. 509(b), 93 Stat. 695, related to National Council on 
Health Planning and Development.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-340, Sec. 203(a), inserted ``and 
support services such as case management'' before semicolon at end.
    Subsec. (b)(1). Pub. L. 105-340, Sec. 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, Sec. 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, Sec. 101(g)(1), substituted 
``Control and Prevention'' for ``Control'' in introductory provisions.
    Subsec. (b). Pub. L. 103-183, Sec. 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, Sec. 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, Sec. 101(f), added subsec. (c) 
relating to coordinating committee regarding year 2000 health 
objectives.
    Pub. L. 103-183, Sec. 101(b), added subsec. (c) relating to special 
consideration for certain States.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 300l, 300l-1, 300m, 300n, 
300n-1, 300n-2, 300n-3, 300n-4, 300n-4a of this title.
