US Code

Public Law 119-83 (04/13/2026)

42 U.S.C. § 300m

Requirements with respect to type and quality of services

(a)

Requirement of provision of all services by date certain

section 300k of this titleThe Secretary may not make a grant under unless the State involved agrees—
(1)
section 300k(a) of this title 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 , 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)
section 300k(a) of this title 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 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

section 300k of this titleThe Secretary may not make a grant under 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 procedures

section 300k of this titleThe Secretary may not make a grant under 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.

(d)

Waiver of services requirement on division of funds

(1)

In general

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—
(A)
section 300k(a) of this title 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 ;
(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 require, that the State has used such waiver as described in clause (i);
(D)
the State involved submits to the Secretary—
(i)
section 300k(a) of this title1
1 So in original. Probably should be “waiver”.
assurances, satisfactory to the Secretary, 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 for the period for which the waiver is granted, and for the period for which any extension of such wavier  is granted, at a level that is not less than—
(I)
the level of the State fiscal year expenditures for such services and activities for the fiscal year preceding the first fiscal year for which the waiver is granted; 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 carried out under the waiver after the expiration of the waiver and any extension of such waiver;
(E)
section 300k(a) of this title 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 paragraphs (1) and (2) of , including making available screening procedures for both breast and cervical cancers; and
(F)
section 300k(a) of this title the Secretary finds that granting such a waiver to a State will not adversely affect the quality of each of the services or activities described in paragraphs (1) and (2) of .
(2)

Duration of waiver

(A)

In general

In granting waivers under paragraph (1), the Secretary—
(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 described in subparagraph (A)(i), review performance 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)
section 300k(a) of this title 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 ;
(iii)
section 300k(a) of this title the waiver has increased, and will continue to increase, the number of women in the State that receive the services or activities described in paragraphs (1) and (2) of ;
(iv)
section 300k(a) of this title the waiver has not, and will not, result in lower quality in the State of the services or activities described in paragraphs (1) and (2) of ; and
(v)
section 300k(a) of this title the State has maintained the average annual level of State fiscal expenditures for the services and activities described in paragraphs (1) and (2) of for the period for which the waiver was granted at a level that is not less than—
(I)
the level of the State fiscal year expenditures for such services and activities for the fiscal year preceding the first fiscal year for which the waiver is granted; 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

section 300n–4 of this titleThe Secretary shall include as part of the evaluations and reports required under , the following:
(A)
2
2 So in original. Probably should be “non-Federal”.
A description of the total amount of dollars leveraged annually from Non-Federal  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 activities described in—
(i)
section 300k(a) of this title paragraphs (1) and (2) of ; and
(ii)
section 300k(a) of this title paragraphs (3) through (6) of .
(C)
A description of the number of States receiving waivers under paragraph (1) annually.
(D)
With respect to States receiving a waiver under paragraph (1), a description of—
(i)
section 300k(a) of this title the number of women receiving services under paragraphs (1), (2), and (3) of in programs before and after the granting of such waiver; and
(ii)
section 300k(a) of this title the average annual level of State fiscal expenditures for the services and activities described in paragraphs (1) and (2) of 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

section 1603 of title 25The term “Indian tribe” has the meaning given the term in .

(B)

Tribal organization

section 1603 of title 25The term “tribal organization” has the meaning given the term in .

(C)

State

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.

(6)

Sunset

The Secretary may not grant a waiver or extension under this subsection after .

July 1, 1944, ch. 373 Pub. L. 101–354, § 2104 Stat. 410 Pub. L. 103–183, title I, § 101(c)(1)107 Stat. 2227 Pub. L. 110–18, § 2(2)121 Stat. 80 (, title XV, § 1503, as added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 99–660, title VII, § 701(a)100 Stat. 3799 Prior sections 300m to 300m–6 were repealed by , , , effective .

act July 1, 1944, ch. 373, title XV, § 1521 Pub. L. 93–641, § 388 Stat. 2242 Pub. L. 95–83, title I, § 106l91 Stat. 385 Pub. L. 95–215, § 6(b)91 Stat. 1507 Pub. L. 96–3393 Stat. 86 Pub. L. 96–79, title I, § 123(a)93 Stat. 624–627 Pub. L. 96–88, title V, § 509(b)93 Stat. 695 Pub. L. 96–181, § 15(b)93 Stat. 1316 Pub. L. 96–538, title III, § 303(b)94 Stat. 3190 Pub. L. 97–35, title IX95 Stat. 561 Pub. L. 97–414, § 9(b)96 Stat. 2064 Section 300m, , as added , , ; amended , (), (m), ; , , ; , , ; , , (b)(1)(A), (2), (d), (f), (g)(2), ; , , ; , , ; , , ; , , §§ 902(g)(5), 936(b), , 572; , , , provided for designation of State health planning and development agencies.

act July 1, 1944, ch. 373, title XV Pub. L. 93–641, § 388 Stat. 2228 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 section 300k–3 of this titleA prior section 1503 of , as added , , ; amended , , ; , , ; , , ; , , , which related to National Council on Health Planning and Development, was classified to .

act July 1, 1944, ch. 373, title XV, § 1522 Pub. L. 93–641, § 388 Stat. 2244 92 Stat. 3783 Pub. L. 96–79, title I93 Stat. 594 Pub. L. 96–88, title V, § 509(b)93 Stat. 695 Section 300m–1, , as added , , ; amended 1978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, ; , , §§ 101(b)(2), 111(c), 115(b)(3), 117(b)(4), 120(b), 122(b), 123(c)(1)(A), (e)(1), , 605, 607, 620, 622, 624, 625, 626; , , , related to State administrative programs.

act July 1, 1944, ch. 373, title XV, § 1523 Pub. L. 93–641, § 388 Stat. 2246 Pub. L. 95–83, title I, § 106(n)91 Stat. 385 Pub. L. 96–79, title I93 Stat. 607 Pub. L. 96–398, title III, § 30394 Stat. 1588 Section 300m–2, , as added , , ; amended , , ; , , §§ 115(c)(1)(A)–(C), (i)(2), 117(b)(1), (2), 118(a)(2), (b)(2), 123(c)(2), (3), (e)(2), (g)(1), , 608, 610, 618, 619, 621, 625–627; , , , related to State health planning and development functions.

act July 1, 1944, ch. 373, title XV, § 1524 Pub. L. 93–641, § 388 Stat. 2247 Pub. L. 96–79, title I93 Stat. 604 Pub. L. 96–181, § 15(b)93 Stat. 1316 Pub. L. 96–538, title III94 Stat. 3191 Pub. L. 97–35, title IX, § 902(g)(6)95 Stat. 561 Section 300m–3, , as added , , ; amended , , §§ 110(d)(2), 113(b), 115(a), (c)(1)(D), (d)(3), (g), (i)(2)–(4), 119(a), 124, , 606–610, 621, 627; , , ; , , §§ 304, 305, ; , , , related to composition and functions of Statewide Health Coordinating Councils.

act July 1, 1944, ch. 373, title XV, § 1525 Pub. L. 93–641, § 388 Stat. 2249 Pub. L. 95–83, title I, § 102(b)91 Stat. 383 Pub. L. 96–79, title I93 Stat. 600 Pub. L. 97–35, title IX, § 933(a)(2)95 Stat. 570 Section 300m–4, , as added , , ; amended , , ; , , §§ 107(c), 127(b), , 629; , , , provided for grants for State health planning and development.

act July 1, 1944, ch. 373, title XV, § 1526 Pub. L. 93–641, § 388 Stat. 2249 Pub. L. 95–83, title Io91 Stat. 383 Pub. L. 96–79, title I93 Stat. 600 Section 300m–5, , as added , , ; amended , , §§ 102(c), 106(), , 385; , , §§ 107(d), 120(c), 127(c), , 622, 629, provided for grants for rate regulation.

act July 1, 1944, ch. 373, title XV, § 1527 Pub. L. 96–79, title I, § 117(a)93 Stat. 614 Pub. L. 96–538, title III94 Stat. 3191 Pub. L. 97–35, title IX, § 949(c)95 Stat. 578 Section 300m–6, , as added , , ; amended , , §§ 306, 307, ; , , , related to certificate of need program.

Amendments

Pub. L. 110–182007—Subsec. (d). added subsec. (d).

Pub. L. 103–1831993—Subsecs. (c) to (e). 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)107 Stat. 2228

42 U.S.C. 300m(c)42 U.S.C. 300k42 U.S.C. 263b“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 [] under section 1503(c) of the Public Health Service Act [] remain in effect (for an individual or facility conducting such procedures pursuant to a grant to a State under section 1501 of such Act []) until there is in effect for the facility a certificate (or provisional certificate) issued under section 354 of such Act [].”
, , , provided that: