The Secretary may not make a grant under section 300k of this title unless the State involved agrees-
The Secretary may not make a grant under section 300k of this title 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.
The Secretary may not make a grant under section 300k of this title unless the State involved agrees that the State will, in accordance with applicable law, assure the quality of screening procedures conducted pursuant to such section.
The Secretary shall establish a demonstration project under which the Secretary may waive the requirements of paragraphs (1) and (4) of subsection (a) for not more than 5 States, if-
In granting waivers under paragraph (1), the Secretary-
The Secretary, upon the request of a State that has received a waiver under paragraph (1), shall, at the end of the waiver period described in subparagraph (A)(i), review performance under the waiver and may extend the waiver for an additional period if the Secretary determines that-
The Secretary shall include as part of the evaluations and reports required under section 300n-4 of this title, the following:
Amounts to which a waiver applies under this subsection shall not be used to increase the number of salaried employees.
In this subsection:
The term "Indian tribe" has the meaning given the term in section 1603 of title 25.
The term "tribal organization" has the meaning given the term in section 1603 of title 25.
The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, an Indian tribe, and a tribal organization.
The Secretary may not grant a waiver or extension under this subsection after September 30, 2012.
1So in original. Probably should be "waiver".
2So in original. Probably should be "non-Federal".
42 U.S.C. § 300m
EDITORIAL NOTES
PRIOR PROVISIONSPrior sections 300m to 300m-6 were repealed by Pub.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.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 development 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 Coordinating 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.
AMENDMENTS2007-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 cancer, (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 screening procedure for breast cancer known as a mammography, 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 facility 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 certificate (or provisional certificate) issued under section 354 of such Act [42 U.S.C. 263b] ."
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- Service
- The term "Service" means the Public Health Service;
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 80131 of this title.