Legislación

US (United States) Code. Title 42. Chapter 6A: Public Health Service

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

42 USC Sec. 300g-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part B - Public Water Systems

-HEAD-

Sec. 300g-7. Monitoring of contaminants

-STATUTE-

(a) Interim monitoring relief authority

(1) In general

A State exercising primary enforcement responsibility for

public water systems may modify the monitoring requirements for

any regulated or unregulated contaminants for which monitoring is

required other than microbial contaminants (or indicators

thereof), disinfectants and disinfection byproducts or corrosion

byproducts for an interim period to provide that any public water

system serving 10,000 persons or fewer shall not be required to

conduct additional quarterly monitoring during an interim relief

period for such contaminants if -

(A) monitoring, conducted at the beginning of the period for

the contaminant concerned and certified to the State by the

public water system, fails to detect the presence of the

contaminant in the ground or surface water supplying the public

water system; and

(B) the State, considering the hydrogeology of the area and

other relevant factors, determines in writing that the

contaminant is unlikely to be detected by further monitoring

during such period.

(2) Termination; timing of monitoring

The interim relief period referred to in paragraph (1) shall

terminate when permanent monitoring relief is adopted and

approved for such State, or at the end of 36 months after August

6, 1996, whichever comes first. In order to serve as a basis for

interim relief, the monitoring conducted at the beginning of the

period must occur at the time determined by the State to be the

time of the public water system's greatest vulnerability to the

contaminant concerned in the relevant ground or surface water,

taking into account in the case of pesticides the time of

application of the pesticide for the source water area and the

travel time for the pesticide to reach such waters and taking

into account, in the case of other contaminants, seasonality of

precipitation and contaminant travel time.

(b) Permanent monitoring relief authority

(1) In general

Each State exercising primary enforcement responsibility for

public water systems under this subchapter and having an approved

source water assessment program may adopt, in accordance with

guidance published by the Administrator, tailored alternative

monitoring requirements for public water systems in such State

(as an alternative to the monitoring requirements for chemical

contaminants set forth in the applicable national primary

drinking water regulations) where the State concludes that (based

on data available at the time of adoption concerning

susceptibility, use, occurrence, or wellhead protection, or from

the State's drinking water source water assessment program) such

alternative monitoring would provide assurance that it complies

with the Administrator's guidelines. The State program must be

adequate to assure compliance with, and enforcement of,

applicable national primary drinking water regulations.

Alternative monitoring shall not apply to regulated

microbiological contaminants (or indicators thereof),

disinfectants and disinfection byproducts, or corrosion

byproducts. The preceding sentence is not intended to limit other

authority of the Administrator under other provisions of this

subchapter to grant monitoring flexibility.

(2) Guidelines

(A) In general

The Administrator shall issue, after notice and comment and

at the same time as guidelines are issued for source water

assessment under section 300j-13 of this title, guidelines for

States to follow in proposing alternative monitoring

requirements under paragraph (1) for chemical contaminants. The

Administrator shall publish such guidelines in the Federal

will be protected from drinking water contamination. The

guidelines shall require that a State alternative monitoring

program apply on a contaminant-by-contaminant basis and that,

to be eligible for such alternative monitoring program, a

public water system must show the State that the contaminant is

not present in the drinking water supply or, if present, it is

reliably and consistently below the maximum contaminant level.

(B) Definition

For purposes of subparagraph (A), the phrase "reliably and

consistently below the maximum contaminant level" means that,

although contaminants have been detected in a water supply, the

State has sufficient knowledge of the contamination source and

extent of contamination to predict that the maximum contaminant

level will not be exceeded. In determining that a contaminant

is reliably and consistently below the maximum contaminant

level, States shall consider the quality and completeness of

data, the length of time covered and the volatility or

stability of monitoring results during that time, and the

proximity of such results to the maximum contaminant level.

Wide variations in the analytical results, or analytical

results close to the maximum contaminant level, shall not be

considered to be reliably and consistently below the maximum

contaminant level.

(3) Effect of detection of contaminants

The guidelines issued by the Administrator under paragraph (2)

shall require that if, after the monitoring program is in effect

and operating, a contaminant covered by the alternative

monitoring program is detected at levels at or above the maximum

contaminant level or is no longer reliably or consistently below

the maximum contaminant level, the public water system must

either -

(A) demonstrate that the contamination source has been

removed or that other action has been taken to eliminate the

contamination problem; or

(B) test for the detected contaminant pursuant to the

applicable national primary drinking water regulation.

(4) States not exercising primary enforcement responsibility

The Governor of any State not exercising primary enforcement

responsibility under section 300g-2 of this title on August 6,

1996, may submit to the Administrator a request that the

Administrator modify the monitoring requirements established by

the Administrator and applicable to public water systems in that

State. After consultation with the Governor, the Administrator

shall modify the requirements for public water systems in that

State if the request of the Governor is in accordance with each

of the requirements of this subsection that apply to alternative

monitoring requirements established by States that have primary

enforcement responsibility. A decision by the Administrator to

approve a request under this clause shall be for a period of 3

years and may subsequently be extended for periods of 5 years.

All monitoring relief granted by a State to a public water system

for a regulated contaminant under subsection (a) or (b) of this

section shall be treated as part of the national primary drinking

water regulation for that contaminant.

(d) Other monitoring relief

Nothing in this section shall be construed to affect the

authority of the States under applicable national primary drinking

water regulations to alter monitoring requirements through waivers

or other existing authorities. The Administrator shall periodically

review and, as appropriate, revise such authorities.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1418, as added Pub. L.

104-182, title I, Sec. 125(b), Aug. 6, 1996, 110 Stat. 1654.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300h-7, 300j-13 of this

title.

-End-

-CITE-

42 USC Sec. 300g-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part B - Public Water Systems

-HEAD-

Sec. 300g-8. Operator certification

-STATUTE-

(a) Guidelines

Not later than 30 months after August 6, 1996, and in cooperation

with the States, the Administrator shall publish guidelines in the

Federal Register, after notice and opportunity for comment from

interested persons, including States and public water systems,

specifying minimum standards for certification (and

recertification) of the operators of community and nontransient

noncommunity public water systems. Such guidelines shall take into

account existing State programs, the complexity of the system, and

other factors aimed at providing an effective program at reasonable

cost to States and public water systems, taking into account the

size of the system.

(b) State programs

Beginning 2 years after the date on which the Administrator

publishes guidelines under subsection (a) of this section, the

Administrator shall withhold 20 percent of the funds a State is

otherwise entitled to receive under section 300j-12 of this title

unless the State has adopted and is implementing a program for the

certification of operators of community and nontransient

noncommunity public water systems that meets the requirements of

the guidelines published pursuant to subsection (a) of this section

or that has been submitted in compliance with subsection (c) of

this section and that has not been disapproved.

For any State exercising primary enforcement responsibility for

public water systems or any other State which has an operator

certification program, the guidelines under subsection (a) of this

section shall allow the State to enforce such program in lieu of

the guidelines under subsection (a) of this section if the State

submits the program to the Administrator within 18 months after the

publication of the guidelines unless the Administrator determines

(within 9 months after the State submits the program to the

Administrator) that such program is not substantially equivalent to

such guidelines. In making this determination, an existing State

program shall be presumed to be substantially equivalent to the

guidelines, notwithstanding program differences, based on the size

of systems or the quality of source water, providing the State

program meets the overall public health objectives of the

guidelines. If disapproved, the program may be resubmitted within 6

months after receipt of notice of disapproval.

(d) Expense reimbursement

(1) In general

The Administrator shall provide reimbursement for the costs of

training, including an appropriate per diem for unsalaried

operators, and certification for persons operating systems

serving 3,300 persons or fewer that are required to undergo

training pursuant to this section.

(2) State grants

The reimbursement shall be provided through grants to States

with each State receiving an amount sufficient to cover the

reasonable costs for training all such operators in the State, as

determined by the Administrator, to the extent required by this

section. Grants received by a State pursuant to this paragraph

shall first be used to provide reimbursement for training and

certification costs of persons operating systems serving 3,300

persons or fewer. If a State has reimbursed all such costs, the

State may, after notice to the Administrator, use any remaining

funds from the grant for any of the other purposes authorized for

grants under section 300j-12 of this title.

(3) Authorization

There are authorized to be appropriated to the Administrator to

provide grants for reimbursement under this section $30,000,000

for each of fiscal years 1997 through 2003.

(4) Reservation

If the appropriation made pursuant to paragraph (3) for any

fiscal year is not sufficient to satisfy the requirements of

paragraph (1), the Administrator shall, prior to any other

allocation or reservation, reserve such sums as necessary from

the funds appropriated pursuant to section 300j-12(m) of this

title to provide reimbursement for the training and certification

costs mandated by this subsection.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1419, as added Pub. L.

104-182, title I, Sec. 123, Aug. 6, 1996, 110 Stat. 1652.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-12 of this title.

-End-

-CITE-

42 USC Sec. 300g-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part B - Public Water Systems

-HEAD-

Sec. 300g-9. Capacity development

-STATUTE-

(a) State authority for new systems

A State shall receive only 80 percent of the allotment that the

State is otherwise entitled to receive under section 300j-12 of

this title (relating to State loan funds) unless the State has

obtained the legal authority or other means to ensure that all new

community water systems and new nontransient, noncommunity water

systems commencing operation after October 1, 1999, demonstrate

technical, managerial, and financial capacity with respect to each

national primary drinking water regulation in effect, or likely to

be in effect, on the date of commencement of operations.

(b) Systems in significant noncompliance

(1) List

Beginning not later than 1 year after August 6, 1996, each

State shall prepare, periodically update, and submit to the

Administrator a list of community water systems and nontransient,

noncommunity water systems that have a history of significant

noncompliance with this subchapter (as defined in guidelines

issued prior to August 6, 1996, or any revisions of the

guidelines that have been made in consultation with the States)

and, to the extent practicable, the reasons for noncompliance.

(2) Report

Not later than 5 years after August 6, 1996, and as part of the

capacity development strategy of the State, each State shall

report to the Administrator on the success of enforcement

mechanisms and initial capacity development efforts in assisting

the public water systems listed under paragraph (1) to improve

technical, managerial, and financial capacity.

(3) Withholding

The list and report under this subsection shall be considered

part of the capacity development strategy of the State required

under subsection (c) of this section for purposes of the

withholding requirements of section 300j-12(a)(1)(G)(i) of this

title (relating to State loan funds).

(1) In general

Beginning 4 years after August 6, 1996, a State shall receive

only -

(A) 90 percent in fiscal year 2001;

(B) 85 percent in fiscal year 2002; and

of the allotment that the State is otherwise entitled to receive

under section 300j-12 of this title (relating to State loan

funds), unless the State is developing and implementing a

strategy to assist public water systems in acquiring and

maintaining technical, managerial, and financial capacity.

(2) Content

In preparing the capacity development strategy, the State shall

consider, solicit public comment on, and include as appropriate -

(A) the methods or criteria that the State will use to

identify and prioritize the public water systems most in need

of improving technical, managerial, and financial capacity;

(B) a description of the institutional, regulatory,

financial, tax, or legal factors at the Federal, State, or

local level that encourage or impair capacity development;

and resources of this subchapter or other means to -

(i) assist public water systems in complying with national

primary drinking water regulations;

(ii) encourage the development of partnerships between

public water systems to enhance the technical, managerial,

and financial capacity of the systems; and

(iii) assist public water systems in the training and

certification of operators;

(D) a description of how the State will establish a baseline

and measure improvements in capacity with respect to national

primary drinking water regulations and State drinking water

law; and

(E) an identification of the persons that have an interest in

and are involved in the development and implementation of the

capacity development strategy (including all appropriate

agencies of Federal, State, and local governments, private and

nonprofit public water systems, and public water system

customers).

(3) Report

Not later than 2 years after the date on which a State first

adopts a capacity development strategy under this subsection, and

every 3 years thereafter, the head of the State agency that has

primary responsibility to carry out this subchapter in the State

shall submit to the Governor a report that shall also be

available to the public on the efficacy of the strategy and

progress made toward improving the technical, managerial, and

financial capacity of public water systems in the State.

(4) Review

The decisions of the State under this section regarding any

particular public water system are not subject to review by the

Administrator and may not serve as the basis for withholding

funds under section 300j-12 of this title.

(d) Federal assistance

(1) In general

The Administrator shall support the States in developing

capacity development strategies.

(2) Informational assistance

(A) In general

Not later than 180 days after August 6, 1996, the

Administrator shall -

(i) conduct a review of State capacity development efforts

in existence on August 6, 1996, and publish information to

assist States and public water systems in capacity

development efforts; and

(ii) initiate a partnership with States, public water

systems, and the public to develop information for States on

recommended operator certification requirements.

(B) Publication of information

The Administrator shall publish the information developed

through the partnership under subparagraph (A)(ii) not later

than 18 months after August 6, 1996.

(3) Promulgation of drinking water regulations

In promulgating a national primary drinking water regulation,

the Administrator shall include an analysis of the likely effect

of compliance with the regulation on the technical, financial,

and managerial capacity of public water systems.

(4) Guidance for new systems

Not later than 2 years after August 6, 1996, the Administrator

shall publish guidance developed in consultation with the States

describing legal authorities and other means to ensure that all

new community water systems and new nontransient, noncommunity

water systems demonstrate technical, managerial, and financial

capacity with respect to national primary drinking water

regulations.

(e) Variances and exemptions

Based on information obtained under subsection (c)(3) of this

section, the Administrator shall, as appropriate, modify

regulations concerning variances and exemptions for small public

water systems to ensure flexibility in the use of the variances and

exemptions. Nothing in this subsection shall be interpreted,

construed, or applied to affect or alter the requirements of

section 300g-4 or 300g-5 of this title.

(f) Small public water systems technology assistance centers

(1) Grant program

The Administrator is authorized to make grants to institutions

of higher learning to establish and operate small public water

system technology assistance centers in the United States.

(2) Responsibilities of the centers

The responsibilities of the small public water system

technology assistance centers established under this subsection

shall include the conduct of training and technical assistance

relating to the information, performance, and technical needs of

small public water systems or public water systems that serve

Indian Tribes.

(3) Applications

Any institution of higher learning interested in receiving a

grant under this subsection shall submit to the Administrator an

application in such form and containing such information as the

Administrator may require by regulation.

(4) Selection criteria

The Administrator shall select recipients of grants under this

subsection on the basis of the following criteria:

(A) The small public water system technology assistance

center shall be located in a State that is representative of

the needs of the region in which the State is located for

addressing the drinking water needs of small and rural

communities or Indian Tribes.

(B) The grant recipient shall be located in a region that has

experienced problems, or may reasonably be foreseen to

experience problems, with small and rural public water systems.

small public water system technology management.

(D) The grant recipient shall have the capability to

disseminate the results of small public water system technology

and training programs.

(E) The projects that the grant recipient proposes to carry

out under the grant are necessary and appropriate.

(F) The grant recipient has regional support beyond the host

institution.

(5) Consortia of States

At least 2 of the grants under this subsection shall be made to

consortia of States with low population densities.

(6) Authorization of appropriations

There are authorized to be appropriated to make grants under

this subsection $2,000,000 for each of the fiscal years 1997

through 1999, and $5,000,000 for each of the fiscal years 2000

through 2003.

(g) Environmental finance centers

(1) In general

The Administrator shall provide initial funding for one or more

university-based environmental finance centers for activities

that provide technical assistance to State and local officials in

developing the capacity of public water systems. Any such funds

shall be used only for activities that are directly related to

this subchapter.

(2) National capacity development clearinghouse

The Administrator shall establish a national public water

system capacity development clearinghouse to receive and

disseminate information with respect to developing, improving,

and maintaining financial and managerial capacity at public water

systems. The Administrator shall ensure that the clearinghouse

does not duplicate other federally supported clearinghouse

activities.

(3) Capacity development techniques

The Administrator may request an environmental finance center

funded under paragraph (1) to develop and test managerial,

financial, and institutional techniques for capacity development.

The techniques may include capacity assessment methodologies,

manual and computer based public water system rate models and

capital planning models, public water system consolidation

procedures, and regionalization models.

(4) Authorization of appropriations

There are authorized to be appropriated to carry out this

subsection $1,500,000 for each of the fiscal years 1997 through

2003.

(5) Limitation

No portion of any funds made available under this subsection

may be used for lobbying expenses.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1420, as added Pub. L.

104-182, title I, Sec. 119, Aug. 6, 1996, 110 Stat. 1647.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-12 of this title.

-End-

-CITE-

42 USC Part C - Protection of Underground Sources of

Drinking Water 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

PART C - PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 6939b, 9601 of this title;

title 33 section 1345.

-End-

-CITE-

42 USC Sec. 300h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h. Regulations for State programs

-STATUTE-

(a) Publication of proposed regulations; promulgation; amendments;

public hearings; administrative consultations

(1) The Administrator shall publish proposed regulations for

State underground injection control programs within 180 days after

December 16, 1974. Within 180 days after publication of such

proposed regulations, he shall promulgate such regulations with

such modifications as he deems appropriate. Any regulation under

this subsection may be amended from time to time.

(2) Any regulation under this section shall be proposed and

promulgated in accordance with section 553 of title 5 (relating to

rulemaking), except that the Administrator shall provide

opportunity for public hearing prior to promulgation of such

regulations. In proposing and promulgating regulations under this

section the Administrator shall consult with the Secretary, the

National Drinking Water Advisory Council, and other appropriate

Federal entities and with interested State entities.

(b) Minimum requirements; restrictions

(1) Regulations under subsection (a) of this section for State

underground injection programs shall contain minimum requirements

for effective programs to prevent underground injection which

endangers drinking water sources within the meaning of subsection

(d)(2) of this section. Such regulations shall require that a State

program, in order to be approved under section 300h-1 of this title

(A) shall prohibit, effective on the date on which the

applicable underground injection control program takes effect,

any underground injection in such State which is not authorized

by a permit issued by the State (except that the regulations may

permit a State to authorize underground injection by rule);

(B) shall require (i) in the case of a program which provides

for authorization of underground injection by permit, that the

applicant for the permit to inject must satisfy the State that

the underground injection will not endanger drinking water

sources, and (ii) in the case of a program which provides for

such an authorization by rule, that no rule may be promulgated

which authorizes any underground injection which endangers

drinking water sources;

reporting requirements; and

(D) shall apply (i) as prescribed by section 300j-6(b) (!1) of

this title, to underground injections by Federal agencies, and

(ii) to underground injections by any other person whether or not

occurring on property owned or leased by the United States.

(2) Regulations of the Administrator under this section for State

underground injection control programs may not prescribe

requirements which interfere with or impede -

(A) the underground injection of brine or other fluids which

are brought to the surface in connection with oil or natural gas

production or natural gas storage operations, or

(B) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

unless such requirements are essential to assure that underground

sources of drinking water will not be endangered by such injection.

(3)(A) The regulations of the Administrator under this section

shall permit or provide for consideration of varying geologic,

hydrological, or historical conditions in different States and in

different areas within a State.

(B)(i) In prescribing regulations under this section the

Administrator shall, to the extent feasible, avoid promulgation of

requirements which would unnecessarily disrupt State underground

injection control programs which are in effect and being enforced

in a substantial number of States.

(ii) For the purpose of this subparagraph, a regulation

prescribed by the Administrator under this section shall be deemed

to disrupt a State underground injection control program only if it

would be infeasible to comply with both such regulation and the

State underground injection control program.

(iii) For the purpose of this subparagraph, a regulation

prescribed by the Administrator under this section shall be deemed

unnecessary only if, without such regulation, underground sources

of drinking water will not be endangered by an underground

injection.

the duty to assure that underground sources of drinking water will

not be endangered by any underground injection.

(1) The Administrator may, upon application of the Governor of a

State which authorizes underground injection by means of permits,

authorize such State to issue (without regard to subsection

(b)(1)(B)(i) of this section) temporary permits for underground

injection which may be effective until the, expiration of four

years after December 16, 1974, if -

(A) the Administrator finds that the State has demonstrated

that it is unable and could not reasonably have been able to

process all permit applications within the time available;

(B) the Administrator determines the adverse effect on the

environment of such temporary permits is not unwarranted;

injection wells in operation on the date on which such State's

permit program approved under this part first takes effect and

for which there was inadequate time to process its permit

application; and

(D) the Administrator determines the temporary permits require

the use of adequate safeguards established by rules adopted by

him.

(2) The Administrator may, upon application of the Governor of a

State which authorizes underground injection by means of permits,

authorize such State to issue (without regard to subsection

(b)(1)(B)(i) of this section), but after reasonable notice and

hearing, one or more temporary permits each of which is applicable

to a particular injection well and to the underground injection of

a particular fluid and which may be effective until the expiration

of four years after December 16, 1974, if the State finds, on the

record of such hearing -

(A) that technology (or other means) to permit safe injection

of the fluid in accordance with the applicable underground

injection control program is not generally available (taking

costs into consideration);

(B) that injection of the fluid would be less harmful to health

than the use of other available means of disposing of waste or

producing the desired product; and

(and will be employed) to reduce the volume and toxicity of the

fluid and to minimize the potentially adverse effect of the

injection on the public health.

(d) "Underground injection" defined; underground injection

endangerment of drinking water sources

For purposes of this part:

(1) The term "underground injection" means the subsurface

emplacement of fluids by well injection. Such term does not

include the underground injection of natural gas for purposes of

storage.

(2) Underground injection endangers drinking water sources if

such injection may result in the presence in underground water

which supplies or can reasonably be expected to supply any public

water system of any contaminant, and if the presence of such

contaminant may result in such system's not complying with any

national primary drinking water regulation or may otherwise

adversely affect the health of persons.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1421, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1674; amended Pub. L.

95-190, Sec. 6(b), Nov. 16, 1977, 91 Stat. 1396; Pub. L. 96-502,

Secs. 3, 4(c), Dec. 5, 1980, 94 Stat. 2738; Pub. L. 99-339, title

II, Sec. 201(a), June 19, 1986, 100 Stat. 653; Pub. L. 104-182,

title V, Sec. 501(b)(1), Aug. 6, 1996, 110 Stat. 1691.)

-REFTEXT-

REFERENCES IN TEXT

Section 300j-6(b) of this title, referred to in subsec.

(b)(1)(D), was repealed, and a new section 300j-6(b) relating to

administrative penalty orders was added, by Pub. L. 104-182, title

I, Sec. 129(a), Aug. 6, 1996, 110 Stat. 1660.

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(3)(B)(i). Pub. L. 104-182 substituted "number

of States" for "number or States".

1986 - Subsec. (b)(2)(A). Pub. L. 99-339 inserted "or natural gas

storage operations" after "production".

1980 - Subsec. (b)(1)(A). Pub. L. 96-502, Sec. 4(c), substituted

"effective on the date on which the applicable underground

injection control program takes effect" for "effective three years

after December 16, 1974".

Subsec. (d)(1). Pub. L. 96-502, Sec. 3, inserted provision that

such term does not include the underground injection of natural gas

for purposes of storage.

1977 - Subsec. (b)(3). Pub. L. 95-190 added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300h-1, 300h-4, 300j-2,

300j-6 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300h-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h-1. State primary enforcement responsibility

-STATUTE-

(a) List of States in need of a control program; amendment of list

Within 180 days after December 16, 1974, the Administrator shall

list in the Federal Register each State for which in his judgment a

State underground injection control program may be necessary to

assure that underground injection will not endanger drinking water

sources. Such list may be amended from time to time.

(b) State applications; notice to Administrator of compliance with

revised or added requirements; approval or disapproval by

Administrator; duration of State primary enforcement

responsibility; public hearing

(1)(A) Each State listed under subsection (a) of this section

shall within 270 days after the date of promulgation of any

regulation under section 300h of this title (or, if later, within

270 days after such State is first listed under subsection (a) of

this section) submit to the Administrator an application which

contains a showing satisfactory to the Administrator that the State

(i) has adopted after reasonable notice and public hearings,

and will implement, an underground injection control program

which meets the requirements of regulations in effect under

section 300h of this title; and

(ii) will keep such records and make such reports with respect

to its activities under its underground injection control program

as the Administrator may require by regulation.

The Administrator may, for good cause, extend the date for

submission of an application by any State under this subparagraph

for a period not to exceed an additional 270 days.

(B) Within 270 days of any amendment of a regulation under

section 300h of this title revising or adding any requirement

respecting State underground injection control programs, each State

listed under subsection (a) of this section shall submit (in such

form and manner as the Administrator may require) a notice to the

Administrator containing a showing satisfactory to him that the

State underground injection control program meets the revised or

added requirement.

(2) Within ninety days after the State's application under

paragraph (1)(A) or notice under paragraph (1)(B) and after

reasonable opportunity for presentation of views, the Administrator

shall by rule either approve, disapprove, or approve in part and

disapprove in part, the State's underground injection control

program.

(3) If the Administrator approves the State's program under

paragraph (2), the State shall have primary enforcement

responsibility for underground water sources until such time as the

Administrator determines, by rule, that such State no longer meets

the requirements of clause (i) or (ii) of paragraph (1)(A) of this

subsection.

(4) Before promulgating any rule under paragraph (2) or (3) of

this subsection, the Administrator shall provide opportunity for

public hearing respecting such rule.

responsibility; restrictions

If the Administrator disapproves a State's program (or part

thereof) under subsection (b)(2) of this section, if the

Administrator determines under subsection (b)(3) of this section

that a State no longer meets the requirements of clause (i) or (ii)

of subsection (b)(1)(A) of this section, or if a State fails to

submit an application or notice before the date of expiration of

the period specified in subsection (b)(1) of this section, the

Administrator shall by regulation within 90 days after the date of

such disapproval, determination, or expiration (as the case may be)

prescribe (and may from time to time by regulation revise) a

program applicable to such State meeting the requirements of

section 300h(b) of this title. Such program may not include

requirements which interfere with or impede -

(1) the underground injection of brine or other fluids which

are brought to the surface in connection with oil or natural gas

production or natural gas storage operations, or

(2) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

unless such requirements are essential to assure that underground

sources of drinking water will not be endangered by such injection.

Such program shall apply in such State to the extent that a program

adopted by such State which the Administrator determines meets such

requirements is not in effect. Before promulgating any regulation

under this section, the Administrator shall provide opportunity for

public hearing respecting such regulation.

(d) "Applicable underground injection control program" defined

For purposes of this subchapter, the term "applicable underground

injection control program" with respect to a State means the

program (or most recent amendment thereof) (1) which has been

adopted by the State and which has been approved under subsection

(b) of this section, or (2) which has been prescribed by the

Administrator under subsection (c) of this section.

(e) Primary enforcement responsibility by Indian Tribe

An Indian Tribe may assume primary enforcement responsibility for

underground injection control under this section consistent with

such regulations as the Administrator has prescribed pursuant to

this part and section 300j-11 of this title. The area over which

such Indian Tribe exercises governmental jurisdiction need not have

been listed under subsection (a) of this section, and such Tribe

need not submit an application to assume primary enforcement

responsibility within the 270-day deadline noted in subsection

(b)(1)(A) of this section. Until an Indian Tribe assumes primary

enforcement responsibility, the currently applicable underground

injection control program shall continue to apply. If an applicable

underground injection control program does not exist for an Indian

Tribe, the Administrator shall prescribe such a program pursuant to

subsection (c) of this section, and consistent with section 300h(b)

of this title, within 270 days after June 19, 1986, unless an

Indian Tribe first obtains approval to assume primary enforcement

responsibility for underground injection control.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1422, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1676; amended Pub. L.

95-190, Sec. 6(a), Nov. 16, 1977, 91 Stat. 1396; Pub. L. 99-339,

title II, Sec. 201(a), title III, Sec. 302(c), June 19, 1986, 100

Stat. 653, 666.)

-MISC1-

AMENDMENTS

1986 - Subsec. (c)(1). Pub. L. 99-339, Sec. 201(a), inserted "or

natural gas storage operations, or" after "production".

Subsec. (e). Pub. L. 99-339, Sec. 302(c), added subsec. (e).

1977 - Subsec. (b)(1)(A). Pub. L. 95-190 inserted provisions

relating to extension of date for submission of applications by any

State.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300h, 300h-2, 300h-4,

300j-2, 6924 of this title.

-End-

-CITE-

42 USC Sec. 300h-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h-2. Enforcement of program

-STATUTE-

(a) Notice to State and violator; issuance of administrative order;

civil action

(1) Whenever the Administrator finds during a period during which

a State has primary enforcement responsibility for underground

water sources (within the meaning of section 300h-1(b)(3) of this

title or section 300h-4(c) of this title) that any person who is

subject to a requirement of an applicable underground injection

control program in such State is violating such requirement, he

shall so notify the State and the person violating such

requirement. If beyond the thirtieth day after the Administrator's

notification the State has not commenced appropriate enforcement

action, the Administrator shall issue an order under subsection (c)

of this section requiring the person to comply with such

requirement or the Administrator shall commence a civil action

under subsection (b) of this section.

(2) Whenever the Administrator finds during a period during which

a State does not have primary enforcement responsibility for

underground water sources that any person subject to any

requirement of any applicable underground injection control program

in such State is violating such requirement, the Administrator

shall issue an order under subsection (c) of this section requiring

the person to comply with such requirement or the Administrator

shall commence a civil action under subsection (b) of this section.

(b) Civil and criminal actions

Civil actions referred to in paragraphs (1) and (2) of subsection

(a) of this section shall be brought in the appropriate United

States district court. Such court shall have jurisdiction to

require compliance with any requirement of an applicable

underground injection program or with an order issued under

subsection (c) of this section. The court may enter such judgment

as protection of public health may require. Any person who violates

any requirement of an applicable underground injection control

program or an order requiring compliance under subsection (c) of

this section -

(1) shall be subject to a civil penalty of not more than

$25,000 for each day of such violation, and

(2) if such violation is willful, such person may, in addition

to or in lieu of the civil penalty authorized by paragraph (1),

be imprisoned for not more than 3 years, or fined in accordance

with title 18, or both.

(1) In any case in which the Administrator is authorized to bring

a civil action under this section with respect to any regulation or

other requirement of this part other than those relating to -

(A) the underground injection of brine or other fluids which

are brought to the surface in connection with oil or natural gas

production, or

(B) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

the Administrator may also issue an order under this subsection

either assessing a civil penalty of not more than $10,000 for each

day of violation for any past or current violation, up to a maximum

administrative penalty of $125,000, or requiring compliance with

such regulation or other requirement, or both.

(2) In any case in which the Administrator is authorized to bring

a civil action under this section with respect to any regulation,

or other requirement of this part relating to -

(A) the underground injection of brine or other fluids which

are brought to the surface in connection with oil or natural gas

production, or

(B) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

the Administrator may also issue an order under this subsection

either assessing a civil penalty of not more than $5,000 for each

day of violation for any past or current violation, up to a maximum

administrative penalty of $125,000, or requiring compliance with

such regulation or other requirement, or both.

(3)(A) An order under this subsection shall be issued by the

Administrator after opportunity (provided in accordance with this

subparagraph) for a hearing. Before issuing the order, the

Administrator shall give to the person to whom it is directed

written notice of the Administrator's proposal to issue such order

and the opportunity to request, within 30 days of the date the

notice is received by such person, a hearing on the order. Such

hearing shall not be subject to section 554 or 556 of title 5, but

shall provide a reasonable opportunity to be heard and to present

evidence.

(B) The Administrator shall provide public notice of, and

reasonable opportunity to comment on, any proposed order.

subparagraph (B) shall be given notice of any hearing under this

subsection and of any order. In any hearing held under subparagraph

(A), such citizen shall have a reasonable opportunity to be heard

and to present evidence.

(D) Any order issued under this subsection shall become effective

30 days following its issuance unless an appeal is taken pursuant

to paragraph (6).

(4)(A) Any order issued under this subsection shall state with

reasonable specificity the nature of the violation and may specify

a reasonable time for compliance.

(B) In assessing any civil penalty under this subsection, the

Administrator shall take into account appropriate factors,

including (i) the seriousness of the violation; (ii) the economic

benefit (if any) resulting from the violation; (iii) any history of

such violations; (iv) any good-faith efforts to comply with the

applicable requirements; (v) the economic impact of the penalty on

the violator; and (vi) such other matters as justice may require.

(5) Any violation with respect to which the Administrator has

commenced and is diligently prosecuting an action, or has issued an

order under this subsection assessing a penalty, shall not be

subject to an action under subsection (b) of this section or

section 300h-3(c) or 300j-8 of this title, except that the

foregoing limitation on civil actions under section 300j-8 of this

title shall not apply with respect to any violation for which -

(A) a civil action under section 300j-8(a)(1) of this title has

been filed prior to commencement of an action under this

subsection, or

(B) a notice of violation under section 300j-8(b)(1) of this

title has been given before commencement of an action under this

subsection and an action under section 300j-8(a)(1) of this title

is filed before 120 days after such notice is given.

(6) Any person against whom an order is issued or who commented

on a proposed order pursuant to paragraph (3) may file an appeal of

such order with the United States District Court for the District

of Columbia or the district in which the violation is alleged to

have occurred. Such an appeal may only be filed within the 30-day

period beginning on the date the order is issued. Appellant shall

simultaneously send a copy of the appeal by certified mail to the

Administrator and to the Attorney General. The Administrator shall

promptly file in such court a certified copy of the record on which

such order was imposed. The district court shall not set aside or

remand such order unless there is not substantial evidence on the

record, taken as a whole, to support the finding of a violation or,

unless the Administrator's assessment of penalty or requirement for

compliance constitutes an abuse of discretion. The district court

shall not impose additional civil penalties for the same violation

unless the Administrator's assessment of a penalty constitutes an

abuse of discretion. Notwithstanding section 300j-7(a)(2) of this

title, any order issued under paragraph (3) shall be subject to

judicial review exclusively under this paragraph.

(7) If any person fails to pay an assessment of a civil penalty -

(A) after the order becomes effective under paragraph (3), or

(B) after a court, in an action brought under paragraph (6),

has entered a final judgment in favor of the Administrator,

the Administrator may request the Attorney General to bring a civil

action in an appropriate district court to recover the amount

assessed (plus costs, attorneys' fees, and interest at currently

prevailing rates from the date the order is effective or the date

of such final judgment, as the case may be). In such an action, the

validity, amount, and appropriateness of such penalty shall not be

subject to review.

(8) The Administrator may, in connection with administrative

proceedings under this subsection, issue subpoenas compelling the

attendance and testimony of witnesses and subpoenas duces tecum,

and may request the Attorney General to bring an action to enforce

any subpoena under this section. The district courts shall have

jurisdiction to enforce such subpoenas and impose sanction.

(d) State authority to adopt or enforce laws or regulations

respecting underground injection unaffected

Nothing in this subchapter shall diminish any authority of a

State or political subdivision to adopt or enforce any law or

regulation respecting underground injection but no such law or

regulation shall relieve any person of any requirement otherwise

applicable under this subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1423, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1677; amended Pub. L.

96-502, Sec. 2(b), Dec. 5, 1980, 94 Stat. 2738; Pub. L. 99-339,

title II, Sec. 202, June 19, 1986, 100 Stat. 654.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-339, Sec. 202(d), substituted "Enforcement" for

"Failure of State to assure enforcement" in section catchline.

Subsec. (a)(1). Pub. L. 99-339, Sec. 202(a)(1), substituted

provisions which related to issuance of an order of compliance or

commencement of a civil action by the Administrator if the State

has not commenced enforcement against the violator for provisions

directing the Administrator to give public notice and request that

the State report within 15 days thereafter as to steps taken to

enforce compliance and authorizing the Administrator to commence a

civil action upon failure by the State to comply timely.

Subsec. (a)(2). Pub. L. 99-339, Sec. 202(a)(2), substituted

provision that the Administrator issue an order under subsec. (c)

of this section or commence a civil action under subsec. (b) of

this section for provision that he commence a civil action under

subsec. (b)(1) of this section.

Subsec. (b). Pub. L. 99-339, Sec. 202(b), amended subsec. (b)

generally, substituting provisions relating to jurisdiction of the

appropriate Federal district court, entry of judgment, civil

penalty of $25,000 per day, criminal liability and fine for willful

violation for provisions which related to judicial determinations

in appropriate Federal district courts, civil penalties of $5,000

per day, and fines of $10,000 per day for willful violations.

Subsecs. (c), (d). Pub. L. 99-339, Sec. 202(c), added subsec. (c)

and redesignated former subsec. (c) as (d).

1980 - Subsec. (a)(1). Pub. L. 96-502 inserted reference to

section 300h-4(c) of this title.

-End-

-CITE-

42 USC Sec. 300h-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h-3. Interim regulation of underground injections

-STATUTE-

(a) Necessity for well operation permit; designation of one aquifer

areas

(1) Any person may petition the Administrator to have an area of

a State (or States) designated as an area in which no new

underground injection well may be operated during the period

beginning on the date of the designation and ending on the date on

which the applicable underground injection control program covering

such area takes effect unless a permit for the operation of such

well has been issued by the Administrator under subsection (b) of

this section. The Administrator may so designate an area within a

State if he finds that the area has one aquifer which is the sole

or principal drinking water source for the area and which, if

contaminated, would create a significant hazard to public health.

(2) Upon receipt of a petition under paragraph (1) of this

subsection, the Administrator shall publish it in the Federal

submit written data, views, or arguments thereon. Not later than

the 30th day following the date of the publication of a petition

under this paragraph in the Federal Register, the Administrator

shall either make the designation for which the petition is

submitted or deny the petition.

(b) Well operation permits; publication in Federal Register; notice

and hearing; issuance or denial; conditions for issuance

(1) During the period beginning on the date an area is designated

under subsection (a) of this section and ending on the date the

applicable underground injection control program covering such area

takes effect, no new underground injection well may be operated in

such area unless the Administrator has issued a permit for such

operation.

(2) Any person may petition the Administrator for the issuance of

a permit for the operation of such a well in such an area. A

petition submitted under this paragraph shall be submitted in such

manner and contain such information as the Administrator may

require by regulation. Upon receipt of such a petition, the

Administrator shall publish it in the Federal Register. The

Administrator shall give notice of any proceeding on a petition and

shall provide opportunity for agency hearing. The Administrator

shall act upon such petition on the record of any hearing held

pursuant to the preceding sentence respecting such petition. Within

120 days of the publication in the Federal Register of a petition

submitted under this paragraph, the Administrator shall either

issue the permit for which the petition was submitted or shall deny

its issuance.

(3) The Administrator may issue a permit for the operation of a

new underground injection well in an area designated under

subsection (a) of this section only, if he finds that the operation

of such well will not cause contamination of the aquifer of such

area so as to create a significant hazard to public health. The

Administrator may condition the issuance of such a permit upon the

use of such control measures in connection with the operation of

such well, for which the permit is to be issued, as he deems

necessary to assure that the operation of the well will not

contaminate the aquifer of the designated area in which the well is

located so as to create a significant hazard to public health.

violations; temporary restraining order or injunction

Any person who operates a new underground injection well in

violation of subsection (b) of this section, (1) shall be subject

to a civil penalty of not more than $5,000 for each day in which

such violation occurs, or (2) if such violation is willful, such

person may, in lieu of the civil penalty authorized by clause (1),

be fined not more than $10,000 for each day in which such violation

occurs. If the Administrator has reason to believe that any person

is violating or will violate subsection (b) of this section, he may

petition the United States district court to issue a temporary

restraining order or injunction (including a mandatory injunction)

to enforce such subsection.

(d) "New underground injection well" defined

For purposes of this section, the term "new underground injection

well" means an underground injection well whose operation was not

approved by appropriate State and Federal agencies before December

16, 1974.

(e) Areas with one aquifer; publication in Federal Register;

commitments for Federal financial assistance

If the Administrator determines, on his own initiative or upon

petition, that an area has an aquifer which is the sole or

principal drinking water source for the area and which, if

contaminated, would create a significant hazard to public health,

he shall publish notice of that determination in the Federal

for Federal financial assistance (through a grant, contract, loan

guarantee, or otherwise) may be entered into for any project which

the Administrator determines may contaminate such aquifer through a

recharge zone so as to create a significant hazard to public

health, but a commitment for Federal financial assistance may, if

authorized under another provision of law, be entered into to plan

or design the project to assure that it will not so contaminate the

aquifer.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1424, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1678.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300h-2, 300h-6 of this

title.

-End-

-CITE-

42 USC Sec. 300h-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h-4. Optional demonstration by States relating to oil or

natural gas

-STATUTE-

(a) Approval of State underground injection control program;

alternative showing of effectiveness of program by State

For purposes of the Administrator's approval or disapproval under

section 300h-1 of this title of that portion of any State

underground injection control program which relates to -

(1) the underground injection of brine or other fluids which

are brought to the surface in connection with oil or natural gas

production or natural gas storage operations, or

(2) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

in lieu of the showing required under subparagraph (A) of section

300h-1(b)(1) of this title the State may demonstrate that such

portion of the State program meets the requirements of

subparagraphs (A) through (D) of section 300h(b)(1) of this title

and represents an effective program (including adequate

recordkeeping and reporting) to prevent underground injection which

endangers drinking water sources.

(b) Revision or amendment of requirements of regulation; showing of

effectiveness of program by State

If the Administrator revises or amends any requirement of a

regulation under section 300h of this title relating to any aspect

of the underground injection referred to in subsection (a) of this

section, in the case of that portion of a State underground

injection control program for which the demonstration referred to

in subsection (a) of this section has been made, in lieu of the

showing required under section 300h-1(b)(1)(B) of this title the

State may demonstrate that, with respect to that aspect of such

underground injection, the State program meets the requirements of

subparagraphs (A) through (D) of section 300h(b)(1) of this title

and represents an effective program (including adequate

recordkeeping and reporting) to prevent underground injection which

endangers drinking water sources.

Administrator under duly promulgated rule

(1) Section 300h-1(b)(3) of this title shall not apply to that

portion of any State underground injection control program approved

by the Administrator pursuant to a demonstration under subsection

(a) of this section (and under subsection (b) of this section where

applicable).

(2) If pursuant to such a demonstration, the Administrator

approves such portion of the State program, the State shall have

primary enforcement responsibility with respect to that portion

until such time as the Administrator determines, by rule, that such

demonstration is no longer valid. Following such a determination,

the Administrator may exercise the authority of subsection (c) of

section 300h-1 of this title in the same manner as provided in such

subsection with respect to a determination described in such

subsection.

(3) Before promulgating any rule under paragraph (2), the

Administrator shall provide opportunity for public hearing

respecting such rule.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1425, as added Pub. L.

96-502, Sec. 2(a), Dec. 5, 1980, 94 Stat. 2737; amended Pub. L.

99-339, title II, Sec. 201(a), June 19, 1986, 100 Stat. 653.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a)(1). Pub. L. 99-339 inserted "or natural gas

storage operations, or" after "production".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300h-2, 300j-2 of this

title.

-End-

-CITE-

42 USC Sec. 300h-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h-5. Regulation of State programs

-STATUTE-

Not later than 18 months after June 19, 1986, the Administrator

shall modify regulations issued under this chapter for Class I

injection wells to identify monitoring methods, in addition to

those in effect on November 1, 1985, including groundwater

monitoring. In accordance with such regulations, the Administrator,

or delegated State authority, shall determine the applicability of

such monitoring methods, wherever appropriate, at locations and in

such a manner as to provide the earliest possible detection of

fluid migration into, or in the direction of, underground sources

of drinking water from such wells, based on its assessment of the

potential for fluid migration from the injection zone that may be

harmful to human health or the environment. For purposes of this

subsection, a class I injection well is defined in accordance with

40 CFR 146.05 as in effect on November 1, 1985.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1426, as added Pub. L.

99-339, title II, Sec. 201(b), June 19, 1986, 100 Stat. 653;

amended Pub. L. 104-66, title II, Sec. 2021(f), Dec. 21, 1995, 109

Stat. 727; Pub. L. 104-182, title V, Sec. 501(f)(2), Aug. 6, 1996,

110 Stat. 1691.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-182 directed technical amendment of section

catchline and subsec. (a) designation. The provision directing

amendment of subsec. (a) designation could not be executed because

section does not contain a subsec. (a).

1995 - Pub. L. 104-66 struck out subsec. (a) designation and

heading before "Not later than" and struck out heading and text of

subsec. (b). Text read as follows: "The Administrator shall submit

a report to Congress, no later than September 1987, summarizing the

results of State surveys required by the Administrator under this

section. The report shall include each of the following items of

information:

"(1) The numbers and categories of class V wells which

discharge nonhazardous waste into or above an underground source

of drinking water.

"(2) The primary contamination problems associated with

different categories of these disposal wells.

"(3) Recommendations for minimum design, construction,

installation, and siting requirements that should be applied to

protect underground sources of drinking water from such

contamination wherever necessary."

-End-

-CITE-

42 USC Sec. 300h-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h-6. Sole source aquifer demonstration program

-STATUTE-

(a) Purpose

The purpose of this section is to establish procedures for

development, implementation, and assessment of demonstration

programs designed to protect critical aquifer protection areas

located within areas designated as sole or principal source

aquifers under section 300h-3(e) of this title.

(b) "Critical aquifer protection area" defined

For purposes of this section, the term "critical aquifer

protection area" means either of the following:

(1) All or part of an area located within an area for which an

application or designation as a sole or principal source aquifer

pursuant to section 300h-3(e) of this title, has been submitted

and approved by the Administrator and which satisfies the

criteria established by the Administrator under subsection (d) of

this section.

(2) All or part of an area which is within an aquifer

designated as a sole source aquifer as of June 19, 1986, and for

which an areawide ground water quality protection plan has been

approved under section 208 of the Clean Water Act [33 U.S.C.

1288] prior to June 19, 1986.

Any State, municipal or local government or political subdivision

thereof or any planning entity (including any interstate regional

planning entity) that identifies a critical aquifer protection area

over which it has authority or jurisdiction may apply to the

Administrator for the selection of such area for a demonstration

program under this section. Any applicant shall consult with other

government or planning entities with authority or jurisdiction in

such area prior to application. Applicants, other than the

Governor, shall submit the application for a demonstration program

jointly with the Governor.

(d) Criteria

Not later than 1 year after June 19, 1986, the Administrator

shall, by rule, establish criteria for identifying critical aquifer

protection areas under this section. In establishing such criteria,

the Administrator shall consider each of the following:

(1) The vulnerability of the aquifer to contamination due to

hydrogeologic characteristics.

(2) The number of persons or the proportion of population using

the ground water as a drinking water source.

(3) The economic, social and environmental benefits that would

result to the area from maintenance of ground water of high

quality.

(4) The economic, social and environmental costs that would

result from degradation of the quality of the ground water.

(e) Contents of application

An application submitted to the Administrator by any applicant

for a demonstration program under this section shall meet each of

the following requirements:

(1) The application shall propose boundaries for the critical

aquifer protection area within its jurisdiction.

(2) The application shall designate or, if necessary, establish

a planning entity (which shall be a public agency and which shall

include representation of elected local and State governmental

officials) to develop a comprehensive management plan

(hereinafter in this section referred to as the "plan") for the

critical protection area. Where a local government planning

agency exists with adequate authority to carry out this section

with respect to any proposed critical protection area, such

agency shall be designated as the planning entity.

(3) The application shall establish procedures for public

participation in the development of the plan, for review,

approval, and adoption of the plan, and for assistance to

municipalities and other public agencies with authority under

State law to implement the plan.

(4) The application shall include a hydrogeologic assessment of

surface and ground water resources within the critical protection

area.

(5) The application shall include a comprehensive management

plan for the proposed protection area.

(6) The application shall include the measures and schedule

proposed for implementation of such plan.

(f) Comprehensive plan

(1) The objective of a comprehensive management plan submitted by

an applicant under this section shall be to maintain the quality of

the ground water in the critical protection area in a manner

reasonably expected to protect human health, the environment and

ground water resources. In order to achieve such objective, the

plan may be designed to maintain, to the maximum extent possible,

the natural vegetative and hydrogeological conditions. Each of the

following elements shall be included in such a protection plan:

(A) A map showing the detailed boundary of the critical

protection area.

(B) An identification of existing and potential point and

nonpoint sources of ground water degradation.

land surface and ground water quality.

(D) Specific actions and management practices to be implemented

in the critical protection area to prevent adverse impacts on

ground water quality.

(E) Identification of authority adequate to implement the plan,

estimates of program costs, and sources of State matching funds.

(2) Such plan may also include the following:

(A) A determination of the quality of the existing ground water

recharged through the special protection area and the natural

recharge capabilities of the special protection area watershed.

(B) Requirements designed to maintain existing underground

drinking water quality or improve underground drinking water

quality if prevailing conditions fail to meet drinking water

standards, pursuant to this chapter and State law.

assisted activities and projects which may contribute to

degradation of such ground water or any loss of natural surface

and subsurface infiltration of purification capability of the

special protection watershed.

(D) A comprehensive statement of land use management including

emergency contingency planning as it pertains to the maintenance

of the quality of underground sources of drinking water or to the

improvement of such sources if necessary to meet drinking water

standards pursuant to this chapter and State law.

(E) Actions in the special protection area which would avoid

adverse impacts on water quality, recharge capabilities, or both.

(F) Consideration of specific techniques, which may include

clustering, transfer of development rights, and other innovative

measures sufficient to achieve the objectives of this section.

(G) Consideration of the establishment of a State institution

to facilitate and assist funding a development transfer credit

system.

(H) A program for State and local implementation of the plan

described in this subsection in a manner that will insure the

continued, uniform, consistent protection of the critical

protection area in accord with the purposes of this section.

(I) Pollution abatement measures, if appropriate.

(g) Plans under section 208 of Clean Water Act

A plan approved before June 19, 1986, under section 208 of the

Clean Water Act [33 U.S.C. 1288] to protect a sole source aquifer

designated under section 300h-3(e) of this title shall be

considered a comprehensive management plan for the purposes of this

section.

(h) Consultation and hearings

During the development of a comprehensive management plan under

this section, the planning entity shall consult with, and consider

the comments of, appropriate officials of any municipality and

State or Federal agency which has jurisdiction over lands and

waters within the special protection area, other concerned

organizations and technical and citizen advisory committees. The

planning entity shall conduct public hearings at places within the

special protection area for the purpose of providing the

opportunity to comment on any aspect of the plan.

(i) Approval or disapproval

Within 120 days after receipt of an application under this

section, the Administrator shall approve or disapprove the

application. The approval or disapproval shall be based on a

determination that the critical protection area satisfies the

criteria established under subsection (d) of this section and that

a demonstration program for the area would provide protection for

ground water quality consistent with the objectives stated in

subsection (f) of this section. The Administrator shall provide to

the Governor a written explanation of the reasons for the

disapproval of any such application. Any petitioner may modify and

resubmit any application which is not approved. Upon approval of an

application, the Administrator may enter into a cooperative

agreement with the applicant to establish a demonstration program

under this section.

(j) Grants and reimbursement

Upon entering a cooperative agreement under subsection (i) of

this section, the Administrator may provide to the applicant, on a

matching basis, a grant of 50 per centum of the costs of

implementing the plan established under this section. The

Administrator may also reimburse the applicant of an approved plan

up to 50 per centum of the costs of developing such plan, except

for plans approved under section 208 of the Clean Water Act [33

U.S.C. 1288]. The total amount of grants under this section for any

one aquifer, designated under section 300h-3(e) of this title,

shall not exceed $4,000,000 in any one fiscal year.

(k) Activities funded under other law

No funds authorized under this section may be used to fund

activities funded under other sections of this chapter or the Clean

Water Act [33 U.S.C. 1251 et seq.], the Solid Waste Disposal Act

[42 U.S.C. 6901 et seq.], the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.] or

other environmental laws.

(l) Savings provision

Nothing under this section shall be construed to amend, supersede

or abrogate rights to quantities of water which have been

established by interstate water compacts, Supreme Court decrees, or

State water laws; or any requirement imposed or right provided

under any Federal or State environmental or public health statute.

(m) Authorization of appropriations

There are authorized to be appropriated to carry out this section

not more than the following amounts:

Fiscal year: Amount

--------------------------------------------------------------------

1987 $10,000,000

1988 15,000,000

1989 17,500,000

1990 17,500,000

1991 17,500,000

1992-2003 15,000,000.

--------------------------------------------------------------------

Matching grants under this section may also be used to implement or

update any water quality management plan for a sole or principal

source aquifer approved (before June 19, 1986) by the Administrator

under section 208 of the Federal Water Pollution Control Act [33

U.S.C. 1288].

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1427, as added and amended

Pub. L. 99-339, title II, Sec. 203, title III, Sec. 301(f), June

19, 1986, 100 Stat. 657, 664; Pub. L. 104-66, title II, Sec.

2021(g), Dec. 21, 1995, 109 Stat. 727; Pub. L. 104-182, title I,

Sec. 120(a), title V, Sec. 501(b)(2), (f)(3), Aug. 6, 1996, 110

Stat. 1650, 1691.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Water Act, referred to in subsec. (k), is act June 30,

1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct.

18, 1972, 86 Stat. 816, also known as the Federal Water Pollution

Control Act, which is classified generally to chapter 26 (Sec. 1251

et seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1251 of Title 33 and Tables.

The Solid Waste Disposal Act, referred to in subsec. (k), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

The Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, referred to in subsec. (k), is Pub. L.

96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is

classified principally to chapter 103 (Sec. 9601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 9601 of this title and

Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-182, Sec. 501(f)(3), made technical amendment

to section catchline and subsec. (a) designation.

Subsec. (b)(1). Pub. L. 104-182, Sec. 120(a)(1), struck out "not

later than 24 months after June 19, 1986," after "by the

Administrator".

Subsec. (k). Pub. L. 104-182, Sec. 501(b)(2), substituted "this

section" for "this subsection".

Subsec. (m). Pub. L. 104-182, Sec. 120(a)(2), inserted table item

relating to fiscal years 1992 through 2003.

1995 - Subsecs. (l) to (n). Pub. L. 104-66 redesignated subsecs.

(m) and (n) as (l) and (m), respectively, and struck out heading

and text of former subsec. (l). Text read as follows: "Not later

than December 31, 1989, each State shall submit to the

Administrator a report assessing the impact of the program on

ground water quality and identifying those measures found to be

effective in protecting ground water resources. No later than

September 30, 1990, the Administrator shall submit to Congress a

report summarizing the State reports, and assessing the

accomplishments of the sole source aquifer demonstration program

including an identification of protection methods found to be most

effective and recommendations for their application to protect

ground water resources from contamination whenever necessary."

1986 - Subsec. (n). Pub. L. 99-339 added subsec. (n).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-14 of this title.

-End-

-CITE-

42 USC Sec. 300h-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h-7. State programs to establish wellhead protection areas

-STATUTE-

(a) State programs

The Governor or Governor's designee of each State shall, within 3

years of June 19, 1986, adopt and submit to the Administrator a

State program to protect wellhead areas within their jurisdiction

from contaminants which may have any adverse effect on the health

of persons. Each State program under this section shall, at a

minimum -

(1) specify the duties of State agencies, local governmental

entities, and public water supply systems with respect to the

development and implementation of programs required by this

section;

(2) for each wellhead, determine the wellhead protection area

as defined in subsection (e) of this section based on all

reasonably available hydrogeologic information on ground water

flow, recharge and discharge and other information the State

deems necessary to adequately determine the wellhead protection

area;

(3) identify within each wellhead protection area all potential

anthropogenic sources of contaminants which may have any adverse

effect on the health of persons;

(4) describe a program that contains, as appropriate, technical

assistance, financial assistance, implementation of control

measures, education, training, and demonstration projects to

protect the water supply within wellhead protection areas from

such contaminants;

(5) include contingency plans for the location and provision of

alternate drinking water supplies for each public water system in

the event of well or wellfield contamination by such

contaminants; and

(6) include a requirement that consideration be given to all

potential sources of such contaminants within the expected

wellhead area of a new water well which serves a public water

supply system.

(b) Public participation

To the maximum extent possible, each State shall establish

procedures, including but not limited to the establishment of

technical and citizens' advisory committees, to encourage the

public to participate in developing the protection program for

wellhead areas and source water assessment programs under section

300j-13 of this title. Such procedures shall include notice and

opportunity for public hearing on the State program before it is

submitted to the Administrator.

(1) In general

If, in the judgment of the Administrator, a State program or

portion thereof under subsection (a) of this section is not

adequate to protect public water systems as required by

subsection (a) of this section or a State program under section

300j-13 of this title or section 300g-7(b) of this title does not

meet the applicable requirements of section 300j-13 of this title

or section 300g-7(b) of this title, the Administrator shall

disapprove such program or portion thereof. A State program

developed pursuant to subsection (a) of this section shall be

deemed to be adequate unless the Administrator determines, within

9 months of the receipt of a State program, that such program (or

portion thereof) is inadequate for the purpose of protecting

public water systems as required by this section from

contaminants that may have any adverse effect on the health of

persons. A State program developed pursuant to section 300j-13 of

this title or section 300g-7(b) of this title shall be deemed to

meet the applicable requirements of section 300j-13 of this title

or section 300g-7(b) of this title unless the Administrator

determines within 9 months of the receipt of the program that

such program (or portion thereof) does not meet such

requirements. If the Administrator determines that a proposed

State program (or any portion thereof) is disapproved, the

Administrator shall submit a written statement of the reasons for

such determination to the Governor of the State.

(2) Modification and resubmission

Within 6 months after receipt of the Administrator's written

notice under paragraph (1) that any proposed State program (or

portion thereof) is disapproved, the Governor or Governor's

designee, shall modify the program based upon the recommendations

of the Administrator and resubmit the modified program to the

Administrator.

(d) Federal assistance

After the date 3 years after June 19, 1986, no State shall

receive funds authorized to be appropriated under this section

except for the purpose of implementing the program and requirements

of paragraphs (4) and (6) of subsection (a) of this section.

(e) "Wellhead protection area" defined

As used in this section, the term "wellhead protection area"

means the surface and subsurface area surrounding a water well or

wellfield, supplying a public water system, through which

contaminants are reasonably likely to move toward and reach such

water well or wellfield. The extent of a wellhead protection area,

within a State, necessary to provide protection from contaminants

which may have any adverse effect on the health of persons is to be

determined by the State in the program submitted under subsection

(a) of this section. Not later than one year after June 19, 1986,

the Administrator shall issue technical guidance which States may

use in making such determinations. Such guidance may reflect such

factors as the radius of influence around a well or wellfield, the

depth of drawdown of the water table by such well or wellfield at

any given point, the time or rate of travel of various contaminants

in various hydrologic conditions, distance from the well or

wellfield, or other factors affecting the likelihood of

contaminants reaching the well or wellfield, taking into account

available engineering pump tests or comparable data, field

reconnaissance, topographic information, and the geology of the

formation in which the well or wellfield is located.

(f) Prohibitions

(1) Activities under other laws

No funds authorized to be appropriated under this section may

be used to support activities authorized by the Federal Water

Pollution Control Act [33 U.S.C. 1251 et seq.], the Solid Waste

Disposal Act [42 U.S.C. 6901 et seq.], the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

[42 U.S.C. 9601 et seq.], or other sections of this chapter.

(2) Individual sources

No funds authorized to be appropriated under this section may

be used to bring individual sources of contamination into

compliance.

(g) Implementation

Each State shall make every reasonable effort to implement the

State wellhead area protection program under this section within 2

years of submitting the program to the Administrator. Each State

shall submit to the Administrator a biennial status report

describing the State's progress in implementing the program. Such

report shall include amendments to the State program for water

wells sited during the biennial period.

(h) Federal agencies

Each department, agency, and instrumentality of the executive,

legislative, and judicial branches of the Federal Government having

jurisdiction over any potential source of contaminants identified

by a State program pursuant to the provisions of subsection (a)(3)

of this section shall be subject to and comply with all

requirements of the State program developed according to subsection

(a)(4) of this section applicable to such potential source of

contaminants, both substantive and procedural, in the same manner,

and to the same extent, as any other person is subject to such

requirements, including payment of reasonable charges and fees. The

President may exempt any potential source under the jurisdiction of

any department, agency, or instrumentality in the executive branch

if the President determines it to be in the paramount interest of

the United States to do so. No such exemption shall be granted due

to the lack of an appropriation unless the President shall have

specifically requested such appropriation as part of the budgetary

process and the Congress shall have failed to make available such

requested appropriations.

(i) Additional requirement

(1) In general

In addition to the provisions of subsection (a) of this

section, States in which there are more than 2,500 active wells

at which annular injection is used as of January 1, 1986, shall

include in their State program a certification that a State

program exists and is being adequately enforced that provides

protection from contaminants which may have any adverse effect on

the health of persons and which are associated with the annular

injection or surface disposal of brines associated with oil and

gas production.

(2) "Annular injection" defined

For purposes of this subsection, the term "annular injection"

means the reinjection of brines associated with the production of

oil or gas between the production and surface casings of a

conventional oil or gas producing well.

(3) Review

The Administrator shall conduct a review of each program

certified under this subsection.

(4) Disapproval

If a State fails to include the certification required by this

subsection or if in the judgment of the Administrator the State

program certified under this subsection is not being adequately

enforced, the Administrator shall disapprove the State program

submitted under subsection (a) of this section.

(j) Coordination with other laws

Nothing in this section shall authorize or require any

department, agency, or other instrumentality of the Federal

Government or State or local government to apportion, allocate or

otherwise regulate the withdrawal or beneficial use of ground or

surface waters, so as to abrogate or modify any existing rights to

water established pursuant to State or Federal law, including

interstate compacts.

(k) Authorization of appropriations

Unless the State program is disapproved under this section, the

Administrator shall make grants to the State for not less than 50

or more than 90 percent of the costs incurred by a State (as

determined by the Administrator) in developing and implementing

each State program under this section. For purposes of making such

grants there is authorized to be appropriated not more than the

following amounts:

Fiscal year: Amount

--------------------------------------------------------------------

1987 $20,000,000

1988 20,000,000

1989 35,000,000

1990 35,000,000

1991 35,000,000

1992-2003 30,000,000.

--------------------------------------------------------------------

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1428, as added and amended

Pub. L. 99-339, title II, Sec. 205, title III, Sec. 301(e), June

19, 1986, 100 Stat. 660, 664; Pub. L. 104-182, title I, Secs.

120(b), 132(b), title V, Sec. 501(f)(4), Aug. 6, 1996, 110 Stat.

1650, 1674, 1692.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(f)(1), is act June 30, 1948, ch. 758, as amended generally by Pub.

L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation

and Navigable Waters. For complete classification of this Act to

the Code, see Short Title note set out under section 1251 of Title

33 and Tables.

The Solid Waste Disposal Act, referred to in subsec. (f)(1), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

The Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, referred to in subsec. (f)(1), is Pub. L.

96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is

classified principally to chapter 103 (Sec. 9601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 9601 of this title and

Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-182, Sec. 501(f)(4), made technical amendment

to section catchline and subsec. (a) designation.

Subsec. (b). Pub. L. 104-182, Sec. 132(b)(4), inserted before

period at end of first sentence "and source water assessment

programs under section 300j-13 of this title".

Subsec. (c)(1). Pub. L. 104-182, Sec. 132(b)(3), which directed

substitution of "is disapproved" for "is inadequate" in third

sentence, was executed by making the substitution in fourth

sentence to reflect the probable intent of Congress and the

amendment by Pub. L. 104-182, Sec. 132(b)(2). See below.

Pub. L. 104-182, Sec. 132(b)(2), inserted after second sentence

"A State program developed pursuant to section 300j-13 of this

title or section 300g-7(b) of this title shall be deemed to meet

the applicable requirements of section 300j-13 of this title or

section 300g-7(b) of this title unless the Administrator determines

within 9 months of the receipt of the program that such program (or

portion thereof) does not meet such requirements."

Pub. L. 104-182, Sec. 132(b)(1), amended first sentence

generally. Prior to amendment, first sentence read as follows: "If,

in the judgment of the Administrator, a State program (or portion

thereof, including the definition of a wellhead protection area),

is not adequate to protect public water systems as required by this

section, the Administrator shall disapprove such program (or

portion thereof)."

Subsec. (c)(2). Pub. L. 104-182, Sec. 132(b)(3), substituted "is

disapproved" for "is inadequate".

Subsec. (k). Pub. L. 104-182, Sec. 120(b), inserted table item

relating to fiscal years 1992 through 2003.

1986 - Subsec. (k). Pub. L. 99-339, Sec. 301(e), added subsec.

(k).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300j-12, 300j-13, 300j-14

of this title.

-End-

-CITE-

42 USC Sec. 300h-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part C - Protection of Underground Sources of Drinking Water

-HEAD-

Sec. 300h-8. State ground water protection grants

-STATUTE-

(a) In general

The Administrator may make a grant to a State for the development

and implementation of a State program to ensure the coordinated and

comprehensive protection of ground water resources within the

State.

(b) Guidance

Not later than 1 year after August 6, 1996, and annually

thereafter, the Administrator shall publish guidance that

establishes procedures for application for State ground water

protection program assistance and that identifies key elements of

State ground water protection programs.

(1) In general

The Administrator shall award grants to States that submit an

application that is approved by the Administrator. The

Administrator shall determine the amount of a grant awarded

pursuant to this paragraph on the basis of an assessment of the

extent of ground water resources in the State and the likelihood

that awarding the grant will result in sustained and reliable

protection of ground water quality.

(2) Innovative program grants

The Administrator may also award a grant pursuant to this

subsection for innovative programs proposed by a State for the

prevention of ground water contamination.

(3) Allocation of funds

The Administrator shall, at a minimum, ensure that, for each

fiscal year, not less than 1 percent of funds made available to

the Administrator by appropriations to carry out this section are

allocated to each State that submits an application that is

approved by the Administrator pursuant to this section.

(4) Limitation on grants

No grant awarded by the Administrator may be used for a project

to remediate ground water contamination.

(d) Amount of grants

The amount of a grant awarded pursuant to paragraph (1) shall not

exceed 50 percent of the eligible costs of carrying out the ground

water protection program that is the subject of the grant (as

determined by the Administrator) for the 1-year period beginning on

the date that the grant is awarded. The State shall pay a State

share to cover the costs of the ground water protection program

from State funds in an amount that is not less than 50 percent of

the cost of conducting the program.

(e) Evaluations and reports

Not later than 3 years after August 6, 1996, and every 3 years

thereafter, the Administrator shall evaluate the State ground water

protection programs that are the subject of grants awarded pursuant

to this section and report to the Congress on the status of ground

water quality in the United States and the effectiveness of State

programs for ground water protection.

(f) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$15,000,000 for each of fiscal years 1997 through 2003.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1429, as added Pub. L.

104-182, title I, Sec. 131, Aug. 6, 1996, 110 Stat. 1672.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-8 of this title.

-End-

-CITE-

42 USC Part D - Emergency Powers 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part D - Emergency Powers

-HEAD-

PART D - EMERGENCY POWERS

-End-

-CITE-

42 USC Sec. 300i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part D - Emergency Powers

-HEAD-

Sec. 300i. Emergency powers

-STATUTE-

(a) Actions authorized against imminent and substantial

endangerment to health

Notwithstanding any other provision of this subchapter the

Administrator, upon receipt of information that a contaminant which

is present in or is likely to enter a public water system or an

underground source of drinking water, or that there is a threatened

or potential terrorist attack (or other intentional act designed to

disrupt the provision of safe drinking water or to impact adversely

the safety of drinking water supplied to communities and

individuals), which may present an imminent and substantial

endangerment to the health of persons, and that appropriate State

and local authorities have not acted to protect the health of such

persons, may take such actions as he may deem necessary in order to

protect the health of such persons. To the extent he determines it

to be practicable in light of such imminent endangerment, he shall

consult with the State and local authorities in order to confirm

the correctness of the information on which action proposed to be

taken under this subsection is based and to ascertain the action

which such authorities are or will be taking. The action which the

Administrator may take may include (but shall not be limited to)

(1) issuing such orders as may be necessary to protect the health

of persons who are or may be users of such system (including

travelers), including orders requiring the provision of alternative

water supplies by persons who caused or contributed to the

endangerment, and (2) commencing a civil action for appropriate

relief, including a restraining order or permanent or temporary

injunction.

(b) Penalties for violations; separate offenses

Any person who violates or fails or refuses to comply with any

order issued by the Administrator under subsection (a)(1) of this

section may, in an action brought in the appropriate United States

district court to enforce such order, be subject to a civil penalty

of not to exceed $15,000 for each day in which such violation

occurs or failure to comply continues.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1431, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1680; amended Pub. L.

99-339, title II, Sec. 204, June 19, 1986, 100 Stat. 660; Pub. L.

104-182, title I, Sec. 113(d), Aug. 6, 1996, 110 Stat. 1636; Pub.

L. 107-188, title IV, Sec. 403(2), June 12, 2002, 116 Stat. 687.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-188, in first sentence, inserted

", or that there is a threatened or potential terrorist attack (or

other intentional act designed to disrupt the provision of safe

drinking water or to impact adversely the safety of drinking water

supplied to communities and individuals), which" after "drinking

water".

1996 - Subsec. (b). Pub. L. 104-182 substituted "$15,000" for

"$5,000".

1986 - Subsec. (a). Pub. L. 99-339, Sec. 204(1), (2), inserted

"or an underground source of drinking water" after "to enter a

public water system" and "including orders requiring the provision

of alternative water supplies by persons who caused or contributed

to the endangerment," after "including travelers),".

Subsec. (b). Pub. L. 99-339, Sec. 204(3), struck out "willfully"

after "person who" and substituted "subject to a civil penalty of

not to exceed" for "fined not more than".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300i-2, 7412, 9606 of

this title.

-End-

-CITE-

42 USC Sec. 300i-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part D - Emergency Powers

-HEAD-

Sec. 300i-1. Tampering with public water systems

-STATUTE-

(a) Tampering

Any person who tampers with a public water system shall be

imprisoned for not more than 20 years, or fined in accordance with

title 18, or both.

(b) Attempt or threat

Any person who attempts to tamper, or makes a threat to tamper,

with a public drinking water system be imprisoned for not more than

10 years, or fined in accordance with title 18, or both.

The Administrator may bring a civil action in the appropriate

United States district court (as determined under the provisions of

title 28) against any person who tampers, attempts to tamper, or

makes a threat to tamper with a public water system. The court may

impose on such person a civil penalty of not more than $1,000,000

for such tampering or not more than $100,000 for such attempt or

threat.

(d) "Tamper" defined

For purposes of this section, the term "tamper" means -

(1) to introduce a contaminant into a public water system with

the intention of harming persons; or

(2) to otherwise interfere with the operation of a public water

system with the intention of harming persons.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1432, as added Pub. L.

99-339, title I, Sec. 108, June 19, 1986, 100 Stat. 651; amended

Pub. L. 104-182, title V, Sec. 501(f)(5), Aug. 6, 1996, 110 Stat.

1692; Pub. L. 107-188, title IV, Sec. 403(3), June 12, 2002, 116

Stat. 687.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-188, Sec. 403(3)(A), substituted

"20 years" for "5 years".

Subsec. (b). Pub. L. 107-188, Sec. 403(3)(B), substituted "10

years" for "3 years".

Subsec. (c). Pub. L. 107-188, Sec. 403(3)(C), (D), substituted

"$1,000,000" for "$50,000" and "$100,000" for "$20,000".

1996 - Pub. L. 104-182 made technical amendment to section

catchline and subsec. (a) designation.

-End-

-CITE-

42 USC Sec. 300i-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part D - Emergency Powers

-HEAD-

Sec. 300i-2. Terrorist and other intentional acts

-STATUTE-

(a) Vulnerability assessments

(1) Each community water system serving a population of greater

than 3,300 persons shall conduct an assessment of the vulnerability

of its system to a terrorist attack or other intentional acts

intended to substantially disrupt the ability of the system to

provide a safe and reliable supply of drinking water. The

vulnerability assessment shall include, but not be limited to, a

review of pipes and constructed conveyances, physical barriers,

water collection, pretreatment, treatment, storage and distribution

facilities, electronic, computer or other automated systems which

are utilized by the public water system, the use, storage, or

handling of various chemicals, and the operation and maintenance of

such system. The Administrator, not later than August 1, 2002,

after consultation with appropriate departments and agencies of the

Federal Government and with State and local governments, shall

provide baseline information to community water systems required to

conduct vulnerability assessments regarding which kinds of

terrorist attacks or other intentional acts are the probable

threats to -

(A) substantially disrupt the ability of the system to provide

a safe and reliable supply of drinking water; or

(B) otherwise present significant public health concerns.

(2) Each community water system referred to in paragraph (1)

shall certify to the Administrator that the system has conducted an

assessment complying with paragraph (1) and shall submit to the

Administrator a written copy of the assessment. Such certification

and submission shall be made prior to:

(A) March 31, 2003, in the case of systems serving a population

of 100,000 or more.

(B) December 31, 2003, in the case of systems serving a

population of 50,000 or more but less than 100,000.

greater than 3,300 but less than 50,000.

(3) Except for information contained in a certification under

this subsection identifying the system submitting the certification

and the date of the certification, all information provided to the

Administrator under this subsection and all information derived

therefrom shall be exempt from disclosure under section 552 of

title 5.

(4) No community water system shall be required under State or

local law to provide an assessment described in this section to any

State, regional, or local governmental entity solely by reason of

the requirement set forth in paragraph (2) that the system submit

such assessment to the Administrator.

(5) Not later than November 30, 2002, the Administrator, in

consultation with appropriate Federal law enforcement and

intelligence officials, shall develop such protocols as may be

necessary to protect the copies of the assessments required to be

submitted under this subsection (and the information contained

therein) from unauthorized disclosure. Such protocols shall ensure

that -

(A) each copy of such assessment, and all information contained

in or derived from the assessment, is kept in a secure location;

(B) only individuals designated by the Administrator may have

access to the copies of the assessments; and

information contained in or derived from an assessment shall be

available to anyone other than an individual designated by the

Administrator.

At the earliest possible time prior to November 30, 2002, the

Administrator shall complete the development of such protocols for

the purpose of having them in place prior to receiving any

vulnerability assessments from community water systems under this

subsection.

(6)(A) Except as provided in subparagraph (B), any individual

referred to in paragraph (5)(B) who acquires the assessment

submitted under paragraph (2), or any reproduction of such

assessment, or any information derived from such assessment, and

who knowingly or recklessly reveals such assessment, reproduction,

or information other than -

(i) to an individual designated by the Administrator under

paragraph (5),

(ii) for purposes of section 300j-4 of this title or for

actions under section 300i of this title, or

(iii) for use in any administrative or judicial proceeding to

impose a penalty for failure to comply with this section,

shall upon conviction be imprisoned for not more than one year or

fined in accordance with the provisions of chapter 227 of title 18

applicable to class A misdemeanors, or both, and shall be removed

from Federal office or employment.

(B) Notwithstanding subparagraph (A), an individual referred to

in paragraph (5)(B) who is an officer or employee of the United

States may discuss the contents of a vulnerability assessment

submitted under this section with a State or local official.

(7) Nothing in this section authorizes any person to withhold any

information from Congress or from any committee or subcommittee of

Congress.

(b) Emergency response plan

Each community water system serving a population greater than

3,300 shall prepare or revise, where necessary, an emergency

response plan that incorporates the results of vulnerability

assessments that have been completed. Each such community water

system shall certify to the Administrator, as soon as reasonably

possible after the enactment of this section, but not later than 6

months after the completion of the vulnerability assessment under

subsection (a) of this section, that the system has completed such

plan. The emergency response plan shall include, but not be limited

to, plans, procedures, and identification of equipment that can be

implemented or utilized in the event of a terrorist or other

intentional attack on the public water system. The emergency

response plan shall also include actions, procedures, and

identification of equipment which can obviate or significantly

lessen the impact of terrorist attacks or other intentional actions

on the public health and the safety and supply of drinking water

provided to communities and individuals. Community water systems

shall, to the extent possible, coordinate with existing Local

Emergency Planning Committees established under the Emergency

Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.)

when preparing or revising an emergency response plan under this

subsection.

Each community water system shall maintain a copy of the

emergency response plan completed pursuant to subsection (b) of

this section for 5 years after such plan has been certified to the

Administrator under this section.

(d) Guidance to small public water systems

The Administrator shall provide guidance to community water

systems serving a population of less than 3,300 persons on how to

conduct vulnerability assessments, prepare emergency response

plans, and address threats from terrorist attacks or other

intentional actions designed to disrupt the provision of safe

drinking water or significantly affect the public health or

significantly affect the safety or supply of drinking water

provided to communities and individuals.

(e) Funding

(1) There are authorized to be appropriated to carry out this

section not more than $160,000,000 for the fiscal year 2002 and

such sums as may be necessary for the fiscal years 2003 through

2005.

(2) The Administrator, in coordination with State and local

governments, may use funds made available under paragraph (1) to

provide financial assistance to community water systems for

purposes of compliance with the requirements of subsections (a) and

(b) of this section and to community water systems for expenses and

contracts designed to address basic security enhancements of

critical importance and significant threats to public health and

the supply of drinking water as determined by a vulnerability

assessment conducted under subsection (a) of this section. Such

basic security enhancements may include, but shall not be limited

to the following:

(A) the purchase and installation of equipment for detection of

intruders;

(B) the purchase and installation of fencing, gating, lighting,

or security cameras;

valve boxes;

(D) the rekeying of doors and locks;

(E) improvements to electronic, computer, or other automated

systems and remote security systems;

(F) participation in training programs, and the purchase of

training manuals and guidance materials, relating to security

against terrorist attacks;

(G) improvements in the use, storage, or handling of various

chemicals; and

(H) security screening of employees or contractor support

services.

Funding under this subsection for basic security enhancements shall

not include expenditures for personnel costs, or monitoring,

operation, or maintenance of facilities, equipment, or systems.

(3) The Administrator may use not more than $5,000,000 from the

funds made available under paragraph (1) to make grants to

community water systems to assist in responding to and alleviating

any vulnerability to a terrorist attack or other intentional acts

intended to substantially disrupt the ability of the system to

provide a safe and reliable supply of drinking water (including

sources of water for such systems) which the Administrator

determines to present an immediate and urgent security need.

(4) The Administrator may use not more than $5,000,000 from the

funds made available under paragraph (1) to make grants to

community water systems serving a population of less than 3,300

persons for activities and projects undertaken in accordance with

the guidance provided to such systems under subsection (d) of this

section.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1433, as added Pub. L.

107-188, title IV, Sec. 401, June 12, 2002, 116 Stat. 682.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Planning and Community Right-to-Know Act, referred

to in subsec. (b), probably means the Emergency Planning and

Community Right-to-Know Act of 1986, Pub. L. 99-499, title III,

Oct. 17, 1986, 100 Stat. 1728, which is classified generally to

chapter 116 (Sec. 11001 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 11001 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300g-3 of this title.

-End-

-CITE-

42 USC Sec. 300i-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part D - Emergency Powers

-HEAD-

Sec. 300i-3. Contaminant prevention, detection and response

-STATUTE-

(a) In general

The Administrator, in consultation with the Centers for Disease

Control and, after consultation with appropriate departments and

agencies of the Federal Government and with State and local

governments, shall review (or enter into contracts or cooperative

agreements to provide for a review of) current and future methods

to prevent, detect and respond to the intentional introduction of

chemical, biological or radiological contaminants into community

water systems and source water for community water systems,

including each of the following:

(1) Methods, means and equipment, including real time

monitoring systems, designed to monitor and detect various levels

of chemical, biological, and radiological contaminants or

indicators of contaminants and reduce the likelihood that such

contaminants can be successfully introduced into public water

systems and source water intended to be used for drinking water.

(2) Methods and means to provide sufficient notice to operators

of public water systems, and individuals served by such systems,

of the introduction of chemical, biological or radiological

contaminants and the possible effect of such introduction on

public health and the safety and supply of drinking water.

(3) Methods and means for developing educational and awareness

programs for community water systems.

(4) Procedures and equipment necessary to prevent the flow of

contaminated drinking water to individuals served by public water

systems.

(5) Methods, means, and equipment which could negate or

mitigate deleterious effects on public health and the safety and

supply caused by the introduction of contaminants into water

intended to be used for drinking water, including an examination

of the effectiveness of various drinking water technologies in

removing, inactivating, or neutralizing biological, chemical, and

radiological contaminants.

(6) Biomedical research into the short-term and long-term

impact on public health of various chemical, biological and

radiological contaminants that may be introduced into public

water systems through terrorist or other intentional acts.

(b) Funding

For the authorization of appropriations to carry out this

section, see section 300i-4(e) of this title.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1434, as added Pub. L.

107-188, title IV, Sec. 402, June 12, 2002, 116 Stat. 685.)

-CHANGE-

CHANGE OF NAME

Centers for Disease Control changed to Centers for Disease

Control and Prevention by Pub. L. 102-531, title III, Sec. 312,

Oct. 27, 1992, 106 Stat. 3504.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300i-4 of this title.

-End-

-CITE-

42 USC Sec. 300i-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part D - Emergency Powers

-HEAD-

Sec. 300i-4. Supply disruption prevention, detection and response

-STATUTE-

(a) Disruption of supply or safety

The Administrator, in coordination with the appropriate

departments and agencies of the Federal Government, shall review

(or enter into contracts or cooperative agreements to provide for a

review of) methods and means by which terrorists or other

individuals or groups could disrupt the supply of safe drinking

water or take other actions against water collection, pretreatment,

treatment, storage and distribution facilities which could render

such water significantly less safe for human consumption, including

each of the following:

(1) Methods and means by which pipes and other constructed

conveyances utilized in public water systems could be destroyed

or otherwise prevented from providing adequate supplies of

drinking water meeting applicable public health standards.

(2) Methods and means by which collection, pretreatment,

treatment, storage and distribution facilities utilized or used

in connection with public water systems and collection and

pretreatment storage facilities used in connection with public

water systems could be destroyed or otherwise prevented from

providing adequate supplies of drinking water meeting applicable

public health standards.

(3) Methods and means by which pipes, constructed conveyances,

collection, pretreatment, treatment, storage and distribution

systems that are utilized in connection with public water systems

could be altered or affected so as to be subject to

cross-contamination of drinking water supplies.

(4) Methods and means by which pipes, constructed conveyances,

collection, pretreatment, treatment, storage and distribution

systems that are utilized in connection with public water systems

could be reasonably protected from terrorist attacks or other

acts intended to disrupt the supply or affect the safety of

drinking water.

(5) Methods and means by which information systems, including

process controls and supervisory control and data acquisition and

cyber systems at community water systems could be disrupted by

terrorists or other groups.

(b) Alternative sources

The review under this section shall also include a review of the

methods and means by which alternative supplies of drinking water

could be provided in the event of the destruction, impairment or

contamination of public water systems.

In carrying out this section and section 300i-3 of this title -

(1) the Administrator shall ensure that reviews carried out

under this section reflect the needs of community water systems

of various sizes and various geographic areas of the United

States; and

(2) the Administrator may consider the vulnerability of, or

potential for forced interruption of service for, a region or

service area, including community water systems that provide

service to the National Capital area.

(d) Information sharing

As soon as practicable after reviews carried out under this

section or section 300i-3 of this title have been evaluated, the

Administrator shall disseminate, as appropriate as determined by

the Administrator, to community water systems information on the

results of the project through the Information Sharing and Analysis

Center, or other appropriate means.

(e) Funding

There are authorized to be appropriated to carry out this section

and section 300i-3 of this title not more than $15,000,000 for the

fiscal year 2002 and such sums as may be necessary for the fiscal

years 2003 through 2005.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1435, as added Pub. L.

107-188, title IV, Sec. 402, June 12, 2002, 116 Stat. 686.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300i-3 of this title.

-End-

-CITE-

42 USC Part E - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

PART E - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 300j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j. Assurances of availability of adequate supplies of

chemicals necessary for treatment of water

-STATUTE-

(a) Certification of need application

If any person who uses chlorine, activated carbon, lime, ammonia,

soda ash, potassium permanganate, caustic soda, or other chemical

or substance for the purpose of treating water in any public water

system or in any public treatment works determines that the amount

of such chemical or substance necessary to effectively treat such

water is not reasonably available to him or will not be so

available to him when required for the effective treatment of such

water, such person may apply to the Administrator for a

certification (hereinafter in this section referred to as a

"certification of need") that the amount of such chemical or

substance which such person requires to effectively treat such

water is not reasonably available to him or will not be so

available when required for the effective treatment of such water.

(b) Application requirements; publication in Federal Register;

waiver; certification, issuance or denial

(1) An application for a certification of need shall be in such

form and submitted in such manner as the Administrator may require

and shall (A) specify the persons the applicant determines are able

to provide the chemical or substance with respect to which the

application is submitted, (B) specify the persons from whom the

applicant has sought such chemical or substance, and (C) contain

such other information as the Administrator may require.

(2) Upon receipt of an application under this section, the

Administrator shall (A) publish in the Federal Register a notice of

the receipt of the application and a brief summary of it, (B)

notify in writing each person whom the President or his delegate

(after consultation with the Administrator) determines could be

made subject to an order required to be issued upon the issuance of

the certification of need applied for in such application, and (C)

provide an opportunity for the submission of written comments on

such application. The requirements of the preceding sentence of

this paragraph shall not apply when the Administrator for good

cause finds (and incorporates the finding with a brief statement of

reasons therefor in the order issued) that waiver of such

requirements is necessary in order to protect the public health.

(3) Within 30 days after -

(A) the date a notice is published under paragraph (2) in the

Federal Register with respect to an application submitted under

this section for the issuance of a certification of need, or

(B) the date on which such application is received if as

authorized by the second sentence of such paragraph no notice is

published with respect to such application,

the Administrator shall take action either to issue or deny the

issuance of a certification of need.

implementation of orders; equitable apportionment of orders;

factors considered

(1) If the Administrator finds that the amount of a chemical or

substance necessary for an applicant under an application submitted

under this section to effectively treat water in a public water

system or in a public treatment works is not reasonably available

to the applicant or will not be so available to him when required

for the effective treatment of such water, the Administrator shall

issue a certification of need. Not later than seven days following

the issuance of such certification, the President or his delegate

shall issue an order requiring the provision to such person of such

amounts of such chemical or substance as the Administrator deems

necessary in the certification of need issued for such person. Such

order shall apply to such manufactures, producers, processors,

distributors, and repackagers of such chemical or substance as the

President or his delegate deems necessary and appropriate, except

that such order may not apply to any manufacturer, producer, or

processor of such chemical or substance who manufactures, produces,

or processes (as the case may be) such chemical or substance solely

for its own use. Persons subject to an order issued under this

section shall be given a reasonable opportunity to consult with the

President or his delegate with respect to the implementation of the

order.

(2) Orders which are to be issued under paragraph (1) to

manufacturers, producers, and processors of a chemical or substance

shall be equitably apportioned, as far as practicable, among all

manufacturers, producers, and processors of such chemical or

substance; and orders which are to be issued under paragraph (1) to

distributors and repackagers of a chemical or substance shall be

equitably apportioned, as far as practicable, among all

distributors and repackagers of such chemical or substance. In

apportioning orders issued under paragraph (1) to manufacturers,

producers, processors, distributors, and repackagers of chlorine,

the President or his delegate shall, in carrying out the

requirements of the preceding sentence, consider -

(A) the geographical relationships and established commercial

relationships between such manufacturers, producers, processors,

distributors, and repackagers and the persons for whom the orders

are issued;

(B) in the case of orders to be issued to producers of

chlorine, the (i) amount of chlorine historically supplied by

each such producer to treat water in public water systems and

public treatment works, and (ii) share of each such producer of

the total annual production of chlorine in the United States; and

determine are relevant to the apportionment of orders in

accordance with the requirements of the preceding sentence.

(3) Subject to subsection (f) of this section, any person for

whom a certification of need has been issued under this subsection

may upon the expiration of the order issued under paragraph (1)

upon such certification apply under this section for additional

certifications.

(d) Breach of contracts; defense

There shall be available as a defense to any action brought for

breach of contract in a Federal or State court arising out of delay

or failure to provide, sell, or offer for sale or exchange a

chemical or substance subject to an order issued pursuant to

subsection (c)(1) of this section, that such delay or failure was

caused solely by compliance with such order.

(e) Penalties for noncompliance with orders; temporary restraining

orders and preliminary or permanent injunctions

(1) Whoever knowingly fails to comply with any order issued

pursuant to subsection (c)(1) of this section shall be fined not

more than $5,000 for each such failure to comply.

(2) Whoever fails to comply with any order issued pursuant to

subsection (c)(1) of this section shall be subject to a civil

penalty of not more than $2,500 for each such failure to comply.

(3) Whenever the Administrator or the President or his delegate

has reason to believe that any person is violating or will violate

any order issued pursuant to subsection (c)(1) of this section, he

may petition a United States district court to issue a temporary

restraining order or preliminary or permanent injunction (including

a mandatory injunction) to enforce the provision of such order.

(f) Termination date

No certification of need or order issued under this section may

remain in effect for more than one year.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1441, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1680; amended Pub. L.

95-190, Sec. 7, Nov. 16, 1977, 91 Stat. 1396; Pub. L. 96-63, Sec.

3, Sept. 6, 1979, 93 Stat. 411; Pub. L. 99-339, title III, Sec.

301(d), June 19, 1986, 100 Stat. 664; Pub. L. 104-182, title V,

Sec. 501(c), Aug. 6, 1996, 110 Stat. 1691.)

-MISC1-

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-182 inserted a period after

"year".

1986 - Subsec. (f). Pub. L. 99-339 substituted "in effect for

more than one year" for "in effect - (1) for more than one year,

or (2) September 30, 1982, whichever occurs first."

1979 - Subsec. (f)(2). Pub. L. 96-63 substituted "September 30,

1982" for "September 30, 1979".

1977 - Subsec. (f). Pub. L. 95-190 substituted "September 30,

1979" for "June 30, 1977".

-EXEC-

EX. ORD. NO. 11879. DELEGATION OF FUNCTIONS TO SECRETARY OF

COMMERCE RELATING TO ORDERS FOR PROVISION OF CHEMICALS OR

SUBSTANCES NECESSARY FOR TREATMENT OF WATER

Ex. Ord. No. 11879, Sept. 17, 1975, 40 F.R. 43197, provided:

By virtue of the authority vested in me by Section 1441 of the

Public Health Service Act, as amended by the Safe Drinking Water

Act [now Safe Drinking Water Act of 1974] (88 Stat. 1680, 42 U.S.C.

300j), and as President of the United States, the Secretary of

Commerce is hereby delegated, with power to redelegate to agencies,

officers and employees of the Government, the functions of the

President contained in said section 1441 [this section]. Those

functions shall be administered under regulations or agreements

which are identical or compatible with other regulations and

agreements, including those provided pursuant to Executive Order

No. 10480, as amended [formerly set out as a note under section

2153 of Title 50, Appendix, War and National Defense], for the

allocation of similar chemicals or substances.

Gerald R. Ford.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300g-3 of this title.

-End-

-CITE-

42 USC Sec. 300j-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-1. Research, technical assistance, information, training

of personnel

-STATUTE-

(a) Specific powers and duties of Administrator

(1) The Administrator may conduct research, studies, and

demonstrations relating to the causes, diagnosis, treatment,

control, and prevention of physical and mental diseases and other

impairments of man resulting directly or indirectly from

contaminants in water, or to the provision of a dependably safe

supply of drinking water, including -

(A) improved methods (i) to identify and measure the existence

of contaminants in drinking water (including methods which may be

used by State and local health and water officials), and (ii) to

identify the source of such contaminants;

(B) improved methods to identify and measure the health effects

of contaminants in drinking water;

drinking, so as to improve the efficiency of water treatment and

to remove contaminants from water;

(D) improved methods for providing a dependably safe supply of

drinking water, including improvements in water purification and

distribution, and methods of assessing the health related hazards

of drinking water; and

(E) improved methods of protecting underground water sources of

public water systems from contamination.

(2) Information and research facilities. - In carrying out this

subchapter, the Administrator is authorized to -

(A) collect and make available information pertaining to

research, investigations, and demonstrations with respect to

providing a dependably safe supply of drinking water, together

with appropriate recommendations in connection with the

information; and

(B) make available research facilities of the Agency to

appropriate public authorities, institutions, and individuals

engaged in studies and research relating to this subchapter.

(3) The Administrator shall carry out a study of polychlorinated

biphenyl contamination of actual or potential sources of drinking

water, contamination of such sources by other substances known or

suspected to be harmful to public health, the effects of such

contamination, and means of removing, treating, or otherwise

controlling such contamination. To assist in carrying out this

paragraph, the Administrator is authorized to make grants to public

agencies and private nonprofit institutions.

(4) The Administrator shall conduct a survey and study of -

(A) disposal of waste (including residential waste) which may

endanger underground water which supplies, or can reasonably be

expected to supply, any public water systems, and

(B) means of control of such waste disposal.

Not later than one year after December 16, 1974, he shall transmit

to the Congress the results of such survey and study, together with

such recommendations as he deems appropriate.

(5) The Administrator shall carry out a study of methods of

underground injection which do not result in the degradation of

underground drinking water sources.

(6) The Administrator shall carry out a study of methods of

preventing, detecting, and dealing with surface spills of

contaminants which may degrade underground water sources for public

water systems.

(7) The Administrator shall carry out a study of virus

contamination of drinking water sources and means of control of

such contamination.

(8) The Administrator shall carry out a study of the nature and

extent of the impact on underground water which supplies or can

reasonably be expected to supply public water systems of (A)

abandoned injection or extraction wells; (B) intensive application

of pesticides and fertilizers in underground water recharge areas;

and (C) ponds, pools, lagoons, pits, or other surface disposal of

contaminants in underground water recharge areas.

(9) The Administrator shall conduct a comprehensive study of

public water supplies and drinking water sources to determine the

nature, extent, sources of and means of control of contamination by

chemicals or other substances suspected of being carcinogenic. Not

later than six months after December 16, 1974, he shall transmit to

the Congress the initial results of such study, together with such

recommendations for further review and corrective action as he

deems appropriate.

(10) The Administrator shall carry out a study of the reaction of

chlorine and humic acids and the effects of the contaminants which

result from such reaction on public health and on the safety of

drinking water, including any carcinogenic effect.

(b) Emergency situations

The Administrator is authorized to provide technical assistance

and to make grants to States, or publicly owned water systems to

assist in responding to and alleviating any emergency situation

affecting public water systems (including sources of water for such

systems) which the Administrator determines to present substantial

danger to the public health. Grants provided under this subsection

shall be used only to support those actions which (i) are necessary

for preventing, limiting or mitigating danger to the public health

in such emergency situation and (ii) would not, in the judgment of

the Administrator, be taken without such emergency assistance. The

Administrator may carry out the program authorized under this

subsection as part of, and in accordance with the terms and

conditions of, any other program of assistance for environmental

emergencies which the Administrator is authorized to carry out

under any other provision of law. No limitation on appropriations

for any such other program shall apply to amounts appropriated

under this subsection.

training fees

The Administrator shall -

(1) provide training for, and make grants for training

(including postgraduate training) of (A) personnel of State

agencies which have primary enforcement responsibility and of

agencies or units of local government to which enforcement

responsibilities have been delegated by the State, and (B)

personnel who manage or operate public water systems, and

(2) make grants for postgraduate training of individuals

(including grants to educational institutions for traineeships)

for purposes of qualifying such individuals to work as personnel

referred to in paragraph (1).

(3) make grants to, and enter into contracts with, any public

agency, educational institution, and any other organization, in

accordance with procedures prescribed by the Administrator, under

which he may pay all or part of the costs (as may be determined

by the Administrator) of any project or activity which is

designed -

(A) to develop, expand, or carry out a program (which may

combine training education and employment) for training persons

for occupations involving the public health aspects of

providing safe drinking water;

(B) to train inspectors and supervisory personnel to train or

supervise persons in occupations involving the public health

aspects of providing safe drinking water; or

States and municipalities to carry out the purposes of this

subchapter (other than by carrying out State programs of public

water system supervision or underground water source protection

(as defined in section 300j-2(c) of this title)).

Reasonable fees may be charged for training provided under

paragraph (1)(B) to persons other than personnel of State or local

agencies but such training shall be provided to personnel of State

or local agencies without charge.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out subsection

(b) of this section not more than $35,000,000 for the fiscal year

2002 and such sums as may be necessary for each fiscal year

thereafter.

(e) Technical assistance

The Administrator may provide technical assistance to small

public water systems to enable such systems to achieve and maintain

compliance with applicable national primary drinking water

regulations. Such assistance may include circuit-rider and

multi-State regional technical assistance programs, training, and

preliminary engineering evaluations. The Administrator shall ensure

that technical assistance pursuant to this subsection is available

in each State. Each nonprofit organization receiving assistance

under this subsection shall consult with the State in which the

assistance is to be expended or otherwise made available before

using assistance to undertake activities to carry out this

subsection. There are authorized to be appropriated to the

Administrator to be used for such technical assistance $15,000,000

for each of the fiscal years 1997 through 2003. No portion of any

State loan fund established under section 300j-12 of this title

(relating to State loan funds) and no portion of any funds made

available under this subsection may be used for lobbying expenses.

Of the total amount appropriated under this subsection, 3 percent

shall be used for technical assistance to public water systems

owned or operated by Indian Tribes.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1442, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1682; amended Pub. L.

95-190, Secs. 2(a), 3(a), (b), (e)(1), 4, 9, 10(b), 13, Nov. 16,

1977, 91 Stat. 1393-1395, 1397-1399; Pub. L. 96-63, Sec. 1, Sept.

6, 1979, 93 Stat. 411; Pub. L. 96-502, Sec. 5, Dec. 5, 1980, 94

Stat. 2738; Pub. L. 99-339, title I, Sec. 107, title III, Secs.

301(a), (g), 304(a), June 19, 1986, 100 Stat. 651, 663, 665, 667;

Pub. L. 104-66, title II, Sec. 2021(h), Dec. 21, 1995, 109 Stat.

727; Pub. L. 104-182, title I, Secs. 121, 122, Aug. 6, 1996, 110

Stat. 1651; Pub. L. 107-188, title IV, Sec. 403(4), June 12, 2002,

116 Stat. 687.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-188, Sec. 403(4)(A), which

directed substitution of "this subsection" for "this subparagraph",

was executed by making the substitution in three places to reflect

the probable intent of Congress.

Subsec. (d). Pub. L. 107-188, Sec. 403(4)(B), amended subsec. (d)

generally, substituting provisions relating to authorization of

appropriations to carry out subsec. (b) in fiscal year 2002 and

subsequent fiscal years for provisions relating to authorization of

appropriations to carry out this section in fiscal year 1991 and

earlier.

1996 - Subsec. (a)(2). Pub. L. 104-182, Sec. 121(4)(A), added

heading and text of par. (2) and struck out former par. (2) which

read as follows: "(2)(A) The Administrator shall, to the maximum

extent feasible, provide technical assistance to the States and

municipalities in the establishment and administration of public

water system supervision programs (as defined in section

300j-2(c)(1) of this title)."

Subsec. (a)(2)(B). Pub. L. 104-182, Sec. 121(3), redesignated

subpar. (B) as subsec. (b) and transferred that subsec. to appear

after subsec. (a).

Subsec. (a)(3), (11). Pub. L. 104-182, Sec. 121(4)(B), (C),

redesignated par. (11) as (3), transferred that par. to appear

before par. (4), and struck out former par. (3) which provided that

the Administrator was to conduct studies, and make periodic reports

to Congress, on the costs of carrying out regulations prescribed

under section 300g-1 of this title.

Subsec. (b). Pub. L. 104-182, Sec. 121(2), (3), redesignated

subsec. (a)(2)(B) as subsec. (b), transferred that subsec. to

appear after subsec. (a), and struck out former subsec. (b) which

read as follows: "In carrying out this subchapter, the

Administrator is authorized to -

"(1) collect and make available information pertaining to

research, investigations, and demonstrations with respect to

providing a dependably safe supply of drinking water together

with appropriate recommendations in connection therewith;

"(2) make available research facilities of the Agency to

appropriate public authorities, institutions, and individuals

engaged in studies and research relating to the purposes of this

subchapter;".

Subsecs. (b)(3), (c)(3). Pub. L. 104-182, Sec. 121(1), which

directed redesignation of subsec. (b)(3) as par. (3) of subsec. (d)

and transfer of that par. to follow par. (2) of subsec. (d), was

executed by redesignating subsec. (b)(3) as par. (3) of subsec. (c)

and transferring that par. to follow par. (2) of subsec. (c) to

reflect the probable intent of Congress and the redesignation of

subsec. (d) as (c) by Pub. L. 104-66. See 1995 Amendment note

below. Moreover, subsec. (d) does not have any pars.

Subsec. (e). Pub. L. 104-182, Sec. 122, amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "The

Administrator is authorized to provide technical assistance to

small public water systems to enable such systems to achieve and

maintain compliance with national drinking water regulations. Such

assistance may include 'circuit-rider' programs, training, and

preliminary engineering studies. There are authorized to be

appropriated to carry out this subsection $10,000,000 for each of

the fiscal years 1987 through 1991. Not less than the greater of -

"(1) 3 percent of the amounts appropriated under this

subsection, or

"(2) $280,000

shall be utilized for technical assistance to public water systems

owned or operated by Indian tribes."

1995 - Subsecs. (c) to (g). Pub. L. 104-66 redesignated subsecs.

(d), (f), and (g) as (c), (d), and (e), respectively, and struck

out former subsec. (c) which read as follows: "Not later than

eighteen months after November 16, 1977, the Administrator shall

submit a report to Congress on the present and projected future

availability of an adequate and dependable supply of safe drinking

water to meet present and projected future need. Such report shall

include an analysis of the future demand for drinking water and

other competing uses of water, the availability and use of methods

to conserve water or reduce demand, the adequacy of present

measures to assure adequate and dependable supplies of safe

drinking water, and the problems (financial, legal, or other) which

need to be resolved in order to assure the availability of such

supplies for the future. Existing information and data complied by

the National Water Commission and others shall be utilized to the

extent possible."

1986 - Subsec. (e). Pub. L. 99-339, Sec. 304(a), struck out

subsec. (e) which authorized the Administrator to make grants to

public water systems which are required, under State or local law,

to meet standards relating to drinking turbidity which are more

stringent than the standards in effect under this subchapter.

Subsec. (f). Pub. L. 99-339, Sec. 301(a), authorized

appropriations to carry out subsec. (a)(2)(B) of this section for

fiscal years 1987 to 1991 and to carry out provisions of this

section other than subsecs. (a)(2)(B) and (g) and provisions

relating to research for fiscal years 1987 to 1991.

Subsec. (g). Pub. L. 99-339, Sec. 301(g), authorized

appropriations to carry out this subsection of $10,000,000 for each

of fiscal years 1987 through 1991 and specified amount to be

utilized for public water systems owned or operated by Indian

tribes.

Pub. L. 99-339, Sec. 107 added subsec. (g).

1980 - Subsecs. (e), (f). Pub. L. 96-502 added subsec. (e) and

redesignated former subsec. (e) as (f).

1979 - Subsec. (e). Pub. L. 96-63 authorized appropriations of

$21,405,000 for fiscal year ending Sept. 30, 1980, $30,000,000 for

fiscal year ending Sept. 30, 1981, and $35,000,000 for fiscal year

ending Sept. 30, 1982 for purposes other than those of subsec.

(a)(2)(B) of this section and for purposes of subsec. (a)(2)(B) of

this section, $8,000,000 for fiscal years 1980 through 1982.

1977 - Subsec. (a)(2). Pub. L. 95-190, Secs. 9, 13, designated

existing provisions as subpar. (A), added subpar. (B) and, in

subpar. (B) as added, substituted provisions authorizing

Administrator to make grants and provide technical assistance for

any emergency situation affecting public water systems and criteria

for such grants and assistance for provisions authorizing

Administrator to make grants and provide technical assistance for

any emergency situation respecting drinking water and criteria for

determination of such situations.

Subsec. (a)(3). Pub. L. 95-190, Sec. 3(a), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (a)(10), (11). Pub. L. 95-190, Sec. 3(e)(1), added pars.

(10) and (11).

Subsec. (b)(3)(C). Pub. L. 95-190, Sec. 10(b), substituted

"300j-2(c)" for "300j-2(d)".

Subsecs. (c), (d). Pub. L. 95-190, Secs. 3(b), 4, added subsecs.

Subsec. (e). Pub. L. 95-190, Secs. 2(a), 3(b), redesignated

former subsec. (c) as (e) and inserted provisions authorizing

appropriations for fiscal years 1978 and 1979, and provisions

relating to appropriations for subsec. (a)(2)(B) of this section

and for research.

SCIENTIFIC RESEARCH REVIEW

Section 202 of Pub. L. 104-182 provided that:

"(a) In General. - The Administrator shall -

"(1) develop a strategic plan for drinking water research

activities throughout the Environmental Protection Agency (in

this section referred to as the 'Agency');

"(2) integrate that strategic plan into ongoing Agency planning

activities; and

"(3) review all Agency drinking water research to ensure the

research -

"(A) is of high quality; and

"(B) does not duplicate any other research being conducted by

the Agency.

"(b) Plan. - The Administrator shall transmit the plan to the

Committees on Commerce and Science of the House of Representatives

and the Committee on Environment and Public Works of the Senate and

the plan shall be made available to the public."

NATIONAL CENTER FOR GROUND WATER RESEARCH

Section 203 of Pub. L. 104-182 provided that: "The Administrator

of the Environmental Protection Agency, acting through the Robert

S. Kerr Environmental Research Laboratory, is authorized to

reestablish a partnership between the Laboratory and the National

Center for Ground Water Research, a university consortium, to

conduct research, training, and technology transfer for ground

water quality protection and restoration. No funds are authorized

by this section."

COMPARATIVE HEALTH EFFECTS ASSESSMENT

Section 304(b) of Pub. L. 99-339 provided that: "The

Administrator of the Environmental Protection Agency shall conduct

a comparative health effects assessment, using available data, to

compare the public health effects (both positive and negative)

associated with water treatment chemicals and their byproducts to

the public health effects associated with contaminants found in

public water supplies. Not later than 18 months after the date of

the enactment of this Act [June 19, 1986], the Administrator shall

submit a report to the Congress setting forth the results of such

assessment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300g-1, 300j-3b, 300j-12

of this title.

-End-

-CITE-

42 USC Sec. 300j-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-2. Grants for State programs

-STATUTE-

(a) Public water systems supervision programs; applications for

grants; allotment of sums; waiver of grant restrictions; notice

of approval or disapproval of application; authorization of

appropriations

(1) From allotments made pursuant to paragraph (4), the

Administrator may make grants to States to carry out public water

system supervision programs.

(2) No grant may be made under paragraph (1) unless an

application therefor has been submitted to the Administrator in

such form and manner as he may require. The Administrator may not

approve an application of a State for its first grant under

paragraph (1) unless he determines that the State -

(A) has established or will establish within one year from the

date of such grant a public water system supervision program, and

(B) will, within that one year, assume primary enforcement

responsibility for public water systems within the State.

No grant may be made to a State under paragraph (1) for any period

beginning more than one year after the date of the State's first

grant unless the State has assumed and maintains primary

enforcement responsibility for public water systems within the

State. The prohibitions contained in the preceding two sentences

shall not apply to such grants when made to Indian Tribes.

(3) A grant under paragraph (1) shall be made to cover not more

than 75 per centum of the grant recipient's costs (as determined

under regulations of the Administrator) in carrying out, during the

one-year period beginning on the date the grant is made, a public

water system supervision program.

(4) In each fiscal year the Administrator shall, in accordance,

with regulations, allot the sums appropriated for such year under

paragraph (5) among the States on the basis of population,

geographical area, number of public water systems, and other

relevant factors. No State shall receive less than 1 per centum of

the annual appropriation for grants under paragraph (1): Provided,

That the Administrator may, by regulation, reduce such percentage

in accordance with the criteria specified in this paragraph: And

provided further, That such percentage shall not apply to grants

allotted to Guam, American Samoa, or the Virgin Islands.

(5) The prohibition contained in the last sentence of paragraph

(2) may be waived by the Administrator with respect to a grant to a

State through fiscal year 1979 but such prohibition may only be

waived if, in the judgment of the Administrator -

(A) the State is making a diligent effort to assume and

maintain primary enforcement responsibility for public water

systems within the State;

(B) the State has made significant progress toward assuming and

maintaining such primary enforcement responsibility; and

primary enforcement responsibility by October 1, 1979.

The amount of any grant awarded for the fiscal years 1978 and 1979

pursuant to a waiver under this paragraph may not exceed 75 per

centum of the allotment which the State would have received for

such fiscal year if it had assumed and maintained such primary

enforcement responsibility. The remaining 25 per centum of the

amount allotted to such State for such fiscal year shall be

retained by the Administrator, and the Administrator may award such

amount to such State at such time as the State assumes such

responsibility before the beginning of fiscal year 1980. At the

beginning of each fiscal years 1979 and 1980 the amounts retained

by the Administrator for any preceding fiscal year and not awarded

by the beginning of fiscal year 1979 or 1980 to the States to which

such amounts were originally allotted may be removed from the

original allotment and reallotted for fiscal year 1979 or 1980 (as

the case may be) to States which have assumed primary enforcement

responsibility by the beginning of such fiscal year.

(6) The Administrator shall notify the State of the approval or

disapproval of any application for a grant under this section -

(A) within ninety days after receipt of such application, or

(B) not later than the first day of the fiscal year for which

the grant application is made,

whichever is later.

(7) Authorization. - For the purpose of making grants under

paragraph (1), there are authorized to be appropriated $100,000,000

for each of fiscal years 1997 through 2003.

(8) Reservation of funds by the administrator. - If the

Administrator assumes the primary enforcement responsibility of a

State public water system supervision program, the Administrator

may reserve from funds made available pursuant to this subsection

an amount equal to the amount that would otherwise have been

provided to the State pursuant to this subsection. The

Administrator shall use the funds reserved pursuant to this

paragraph to ensure the full and effective administration of a

public water system supervision program in the State.

(9) State loan funds. -

(A) Reservation of funds. - For any fiscal year for which the

amount made available to the Administrator by appropriations to

carry out this subsection is less than the amount that the

Administrator determines is necessary to supplement funds made

available pursuant to paragraph (8) to ensure the full and

effective administration of a public water system supervision

program in a State, the Administrator may reserve from the funds

made available to the State under section 300j-12 of this title

(relating to State loan funds) an amount that is equal to the

amount of the shortfall. This paragraph shall not apply to any

State not exercising primary enforcement responsibility for

public water systems as of August 6, 1996.

(B) Duty of administrator. - If the Administrator reserves

funds from the allocation of a State under subparagraph (A), the

Administrator shall carry out in the State each of the activities

that would be required of the State if the State had primary

enforcement authority under section 300g-2 of this title.

(b) Underground water source protection programs; applications for

grants; allotment of sums; authorization of appropriations

(1) From allotments made pursuant to paragraph (4), the

Administrator may make grants to States to carry out underground

water source protection programs.

(2) No grant may be made under paragraph (1) unless an

application therefor has been submitted to the Administrator in

such form and manner as he may require. No grant may be made to any

State under paragraph (1) unless the State has assumed primary

enforcement responsibility within two years after the date the

Administrator promulgates regulations for State underground

injection control programs under section 300h of this title. The

prohibition contained in the preceding sentence shall not apply to

such grants when made to Indian Tribes.

(3) A grant under paragraph (1) shall be made to cover not more

than 75 per centum of the grant recipient's cost (as determined

under regulations of the Administrator) in carrying out, during the

one-year period beginning on the date the grant is made, and

underground water source protection program.

(4) In each fiscal year the Administrator shall, in accordance

with regulations, allot the sums appropriated for such year under

paragraph (5) among the States on the basis of population,

geographical area, and other relevant factors.

(5) For purposes of making grants under paragraph (1) there are

authorized to be appropriated $5,000,000 for the fiscal year ending

June 30, 1976, $7,500,000 for the fiscal year ending June 30, 1977,

$10,000,000 for each of the fiscal years 1978 and 1979, $7,795,000

for the fiscal year ending September 30, 1980, $18,000,000 for the

fiscal year ending September 30, 1981, and $21,000,000 for the

fiscal year ending September 30, 1982. For the purpose of making

grants under paragraph (1) there are authorized to be appropriated

not more than the following amounts:

Fiscal year: Amount

--------------------------------------------------------------------

1987 $19,700,000

1988 19,700,000

1989 20,850,000

1990 20,850,000

1991 20,850,000

1992-2003 15,000,000.

--------------------------------------------------------------------

For purposes of this section:

(1) The term "public water system supervision program" means a

program for the adoption and enforcement of drinking water

regulations (with such variances and exemptions from such

regulations under conditions and in a manner which is not less

stringent than the conditions under, and the manner in, which

variances and exemptions may be granted under sections 300g-4 and

300g-5 of this title) which are no less stringent than the

national primary drinking water regulations under section 300g-1

of this title, and for keeping records and making reports

required by section 300g-2(a)(3) of this title.

(2) The term "underground water source protection program"

means a program for the adoption and enforcement of a program

which meets the requirements of regulations under section 300h of

this title, and for keeping records and making reports required

by section 300h-1(b)(1)(A)(ii) of this title. Such term includes,

where applicable, a program which meets the requirements of

section 300h-4 of this title.

(d) New York City watershed protection program

(1) In general

The Administrator is authorized to provide financial assistance

to the State of New York for demonstration projects implemented

as part of the watershed program for the protection and

enhancement of the quality of source waters of the New York City

water supply system, including projects that demonstrate, assess,

or provide for comprehensive monitoring and surveillance and

projects necessary to comply with the criteria for avoiding

filtration contained in 40 CFR 141.71. Demonstration projects

which shall be eligible for financial assistance shall be

certified to the Administrator by the State of New York as

satisfying the purposes of this subsection. In certifying

projects to the Administrator, the State of New York shall give

priority to monitoring projects that have undergone peer review.

(2) Report

Not later than 5 years after the date on which the

Administrator first provides assistance pursuant to this

paragraph, the Governor of the State of New York shall submit a

report to the Administrator on the results of projects assisted.

(3) Matching requirements

Federal assistance provided under this subsection shall not

exceed 50 percent of the total cost of the protection program

being carried out for any particular watershed or ground water

recharge area.

(4) Authorization

There are authorized to be appropriated to the Administrator to

carry out this subsection for each of fiscal years 1997 through

2003, $15,000,000 for the purpose of providing assistance to the

State of New York to carry out paragraph (1).

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1443, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1684; amended Pub. L.

95-190, Secs. 2(b), (c), 5(a), Nov. 16, 1977, 91 Stat. 1393, 1395;

Pub. L. 96-63, Sec. 2, Sept. 6, 1979, 93 Stat. 411; Pub. L. 96-502,

Secs. 2(c), 4(d), Dec. 5, 1980, 94 Stat. 2738; Pub. L. 99-339,

title III, Secs. 301(b), (c), 302(d), June 19, 1986, 100 Stat. 664,

666; Pub. L. 104-182, title I, Secs. 120(c), 124, 128, Aug. 6,

1996, 110 Stat. 1651, 1653, 1659.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(7). Pub. L. 104-182, Sec. 124(1), inserted

heading and amended text generally. Prior to amendment, text read

as follows: "For purposes of making grants under paragraph (1)

there are authorized to be appropriated $15,000,000 for the fiscal

year ending June 30, 1976, $25,000,000 for the fiscal year ending

June 30, 1977, $35,000,000 for fiscal year 1978, $45,000,000 for

fiscal year 1979, $29,450,000 for the fiscal year ending September

30, 1980, $32,000,000 for the fiscal year ending September 30,

1981, and $34,000,000 for the fiscal year ending September 30,

1982. For the purposes of making grants under paragraph (1) there

are authorized to be appropriated not more than the following

amounts:

"Fiscal year: Amount

1987 $37,200,000

1988 37,200,000

1989 40,150,000

1990 40,150,000

1991 40,150,000".

Subsec. (a)(8), (9). Pub. L. 104-182, Sec. 124(2), added pars.

(8) and (9).

Subsec. (b)(5). Pub. L. 104-182, Sec. 120(c), inserted table item

relating to fiscal years 1992 through 2003.

Subsec. (d). Pub. L. 104-182, Sec. 128, added subsec. (d).

1986 - Subsec. (a)(2). Pub. L. 99-339, Sec. 302(d)(1), inserted

provision that prohibitions contained in preceding two sentences

not apply to such grants when made to Indian Tribes.

Subsec. (a)(7). Pub. L. 99-339, Sec. 301(b), authorized

appropriations for grants under par. (1) of not more than

$37,200,000 for fiscal years 1987 and 1988 and of not more than

$40,150,000 for fiscal years 1989 to 1991.

Subsec. (b)(2). Pub. L. 99-339, Sec. 302(d)(2), inserted

provision that prohibition contained in preceding sentence not

apply to such grants when made to Indian Tribes.

Subsec. (b)(5). Pub. L. 99-339, Sec. 301(c), authorized

appropriations for grants under par. (1) of not more than

$19,700,000 for fiscal years 1987 and 1988 and of not more than

$20,850,000 for fiscal years 1989 to 1991.

1980 - Subsec. (b)(2). Pub. L. 96-502, Sec. 4(d), substituted

provisions that no grant may be made to any State under par. (1)

unless the State has assumed primary enforcement responsibility

within two years after the date the Administrator promulgates

regulations for State underground injection control programs under

section 300h of this title for provisions that the Administrator

may not approve an application of a State for its first grant under

par. (1) unless he determines that the State has established or

will establish within two years from the date of such grant an

underground water source protection, and will, within such two

years, assume primary enforcement responsibility for underground

water sources within the State and that no grant may be made to a

State under par. (1) for any period beginning more than two years

after the date of the State's first grant unless the State has

assumed and maintains primary enforcement responsibility for

underground water sources within the State.

Subsec. (c)(2). Pub. L. 96-502, Sec. 2(c), inserted provision

that such term includes, where applicable, a program which meets

requirements of section 300h-4 of this title.

1979 - Subsec. (a)(7). Pub. L. 96-63, Sec. 2(a), authorized

appropriation of $29,450,000, $32,000,000, and $34,000,000 for

fiscal years ending Sept. 30, 1980, through 1982, respectively.

Subsec. (b)(5). Pub. L. 96-63, Sec. 2(b), authorized

appropriation of $7,795,000, $18,000,000, and $21,000,000 for

fiscal years ending Sept. 30, 1980, through 1982, respectively.

1977 - Subsec. (a)(5), (6). Pub. L. 95-190, Sec. 5(a), added

pars. (5) and (6). Former par. (5) redesignated (7).

Subsec. (a)(7). Pub. L. 95-190, Secs. 2(b), 5(a), redesignated

former par. (5) as (7) and authorized appropriations for fiscal

years 1978 and 1979.

Subsec. (b)(5). Pub. L. 95-190, Sec. 2(c), inserted provisions

authorizing appropriations for fiscal years 1978 and 1979.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300g-6, 300j-1, 300j-12

of this title.

-End-

-CITE-

42 USC Sec. 300j-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-3. Special project grants and guaranteed loans

-STATUTE-

(a) Special study and demonstration project grants

The Administrator may make grants to any person for the purposes

of -

(1) assisting in the development and demonstration (including

construction) of any project which will demonstrate a new or

improved method, approach, or technology, for providing a

dependably safe supply of drinking water to the public; and

(2) assisting in the development and demonstration (including

construction) of any project which will investigate and

demonstrate health implications involved in the reclamation,

recycling, and reuse of waste waters for drinking and the

processes and methods for the preparation of safe and acceptable

drinking water.

(b) Limitations

Grants made by the Administrator under this section shall be

subject to the following limitations:

(1) Grants under this section shall not exceed 66 2/3 per

centum of the total cost of construction of any facility and 75

per centum of any other costs, as determined by the

Administrator.

(2) Grants under this section shall not be made for any project

involving the construction or modification of any facilities for

any public water system in a State unless such project has been

approved by the State agency charged with the responsibility for

safety of drinking water (or if there is no such agency in a

State, by the State health authority).

(3) Grants under this section shall not be made for any project

unless the Administrator determines, after consulting the

National Drinking Water Advisory Council, that such project will

serve a useful purpose relating to the development and

demonstration of new or improved techniques, methods, or

technologies for the provision of safe water to the public for

drinking.

(4) Priority for grants under this section shall be given where

there are known or potential public health hazards which require

advanced technology for the removal of particles which are too

small to be removed by ordinary treatment technology.

For the purposes of making grants under subsections (a) and (b)

of this section there are authorized to be appropriated $7,500,000

for the fiscal year ending June 30, 1975; and $7,500,000 for the

fiscal year ending June 30, 1976; and $10,000,000 for the fiscal

year ending June 30, 1977.

(d) Loan guarantees to public water systems; conditions;

indebtedness limitation; regulations

The Administrator during the fiscal years ending June 30, 1975,

and June 30, 1976, shall carry out a program of guaranteeing loans

made by private lenders to small public water systems for the

purpose of enabling such systems to meet national primary drinking

water regulations prescribed under section 300g-1 of this title. No

such guarantee may be made with respect to a system unless (1) such

system cannot reasonably obtain financial assistance necessary to

comply with such regulations from any other source, and (2) the

Administrator determines that any facilities constructed with a

loan guaranteed under this subsection is not likely to be made

obsolete by subsequent changes in primary regulations. The

aggregate amount of indebtedness guaranteed with respect to any

system may not exceed $50,000. The aggregate amount of indebtedness

guaranteed under this subsection may not exceed $50,000,000. The

Administrator shall prescribe regulations to carry out this

subsection.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1444, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1685; amended Pub. L.

99-339, title I, Sec. 101(c)(3), June 19, 1986, 100 Stat. 646.)

-MISC1-

AMENDMENTS

1986 - Subsec. (d). Pub. L. 99-339 struck out "(including interim

regulations)" before "prescribed" in first sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-3b of this title.

-End-

-CITE-

42 USC Sec. 300j-3a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-3a. Grants to public sector agencies

-STATUTE-

(a) Assistance for development and demonstration projects

The Administrator of the Environmental Protection Agency shall

offer grants to public sector agencies for the purposes of -

(1) assisting in the development and demonstration (including

construction) of any project which will demonstrate a new or

improved method, approach, or technology for providing a

dependably safe supply of drinking water to the public; and

(2) assisting in the development and demonstration (including

construction) of any project which will investigate and

demonstrate health and conservation implications involved in the

reclamation, recycling, and reuse of wastewaters for drinking and

agricultural use or the processes and methods for the preparation

of safe and acceptable drinking water.

(b) Limitations

Grants made by the Administrator under this section shall be

subject to the following limitations:

(1) Grants under this section shall not exceed 66 2/3 per

centum of the total cost of construction of any facility and 75

per centum of any other costs, as determined by the

Administrator.

(2) Grants under this section shall not be made for any project

involving the construction or modification of any facilities for

any public water system in a State unless such project has been

approved by the State agency charged with the responsibility for

safety of drinking water (or if there is no such agency in a

State, by the State health authority).

(3) Grants under this section shall not be made for any project

unless the Administrator determines, after consultation, that

such project will serve a useful purpose relating to the

development and demonstration of new or improved techniques,

methods, or technologies for the provision of safe water to the

public for drinking.

There are authorized to be appropriated for the purposes of this

section $25,000,000 for fiscal year 1978.

-SOURCE-

(Pub. L. 95-155, Sec. 5, Nov. 8, 1977, 91 Stat. 1258; Pub. L.

95-477, Sec. 7(a)(1), Oct. 18, 1978, 92 Stat. 1511.)

-COD-

CODIFICATION

Section was enacted as part of the Environmental Research,

Development, and Demonstration Authorization Act of 1978, and not

as part of the Public Health Service Act which comprises this

chapter.

-MISC1-

AMENDMENTS

1978 - Subsec. (a)(2). Pub. L. 95-477 inserted "agricultural use

or" after "drinking and".

EFFECTIVE DATE OF 1978 AMENDMENT

Section 7(a)(2) of Pub. L. 95-477 provided that: "This subsection

[amending this section] shall become effective October 1, 1978."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-3b of this title.

-End-

-CITE-

42 USC Sec. 300j-3b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-3b. Contaminant standards or treatment technique

guidelines

-STATUTE-

(1) Not later than nine months after October 18, 1978, the

Administrator shall promulgate guidelines establishing supplemental

standards or treatment technique requirements for microbiological,

viral, radiological, organic, and inorganic contaminants, which

guidelines shall be conditions, as provided in paragraph (2), of

any grant for a demonstration project for water reclamation,

recycling, and reuse funded under section 300j-3a of this title or

under section 300j-3(a)(2) of this title, where such project

involves direct human consumption of treated wastewater. Such

guidelines shall provide for sufficient control of each such

contaminant, such that in the Administrator's judgement, no adverse

effects on the health of persons may reasonably be anticipated to

occur, allowing an adequate margin of safety.

(2) A grant referred to in paragraph (1) for a project which

involves direct human consumption of treated wastewater may be

awarded on or after the date of promulgation of guidelines under

this section only if the applicant demonstrates to the satisfaction

of the Administrator that the project -

(A) will comply with all national primary drinking water

regulations under section 300g-1 of this title;

(B) will comply with all guidelines under this section; and

Any such grant awarded before the date of promulgation of such

guidelines shall be conditioned on the applicant's agreement to

comply to the maximum feasible extent with such guidelines as

expeditiously as practicable following the date of promulgation

thereof.

(3) Guidelines under this section may, in the discretion of the

Administrator -

(A) be nationally and uniformly applicable to all projects

funded under section 300j-3a of this title or section

300j-1(a)(2) (!1) of this title;

(B) vary for different classes or categories of such projects

(as determined by the Administrator);

basis; or

(D) any combination of the above.

(4) Nothing in this section shall be construed to prohibit or

delay the award of any grant referred to in paragraph (1) prior to

the date of promulgation of such guidelines.

-SOURCE-

(Pub. L. 95-477, Sec. 7(b), Oct. 18, 1978, 92 Stat. 1511.)

-REFTEXT-

REFERENCES IN TEXT

Section 300j-1(a)(2) of this title, referred to in par. (3)(A),

was amended by Pub. L. 104-182, title I, Sec. 121(3), (4)(A), Aug.

6, 1996, 110 Stat. 1651, to redesignate par. (2)(B) as subsec. (b)

of section 300j-1, strike par. (2)(A), and add a new par. (2)

relating to information and research facilities.

-COD-

CODIFICATION

Section was enacted as part of the Environmental Research,

Development, and Demonstration Authorization Act of 1979, and not

as part of the Public Health Service Act which comprises this

chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300j-3c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-3c. National assistance program for water infrastructure

and watersheds

-STATUTE-

(a) Technical and financial assistance

The Administrator of the Environmental Protection Agency may

provide technical and financial assistance in the form of grants to

States (1) for the construction, rehabilitation, and improvement of

water supply systems, and (2) consistent with nonpoint source

management programs established under section 1329 of title 33, for

source water quality protection programs to address pollutants in

navigable waters for the purpose of making such waters usable by

water supply systems.

(b) Limitation

Not more than 30 percent of the amounts appropriated to carry out

this section in a fiscal year may be used for source water quality

protection programs described in subsection (a)(2) of this section.

As a condition to receiving assistance under this section, a

State shall ensure that such assistance is carried out in the most

cost-effective manner, as determined by the State.

(d) Authorization of appropriations

(1) Unconditional authorization

There are authorized to be appropriated to carry out this

section $25,000,000 for each of fiscal years 1997 through 2003.

Such sums shall remain available until expended.

(2) Conditional authorization

In addition to amounts authorized under paragraph (1), there

are authorized to be appropriated to carry out this section

$25,000,000 for each of fiscal years 1997 through 2003, provided

that such authorization shall be in effect for a fiscal year only

if at least 75 percent of the total amount of funds authorized to

be appropriated for such fiscal year by section 300j-12(m) of

this title are appropriated.

(e) Acquisition of lands

Assistance provided with funds made available under this section

may be used for the acquisition of lands and other interests in

lands; however, nothing in this section authorizes the acquisition

of lands or other interests in lands from other than willing

sellers.

(f) Federal share

The Federal share of the cost of activities for which grants are

made under this section shall be 50 percent.

(g) Definitions

In this section, the following definitions apply:

(1) State

The term "State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands.

(2) Water supply system

The term "water supply system" means a system for the provision

to the public of piped water for human consumption if such system

has at least 15 service connections or regularly serves at least

25 individuals and a draw and fill system for the provision to

the public of water for human consumption. Such term does not

include a system owned by a Federal agency. Such term includes

(A) any collection, treatment, storage, and distribution

facilities under control of the operator of such system and used

primarily in connection with such system, and (B) any collection

or pretreatment facilities not under such control that are used

primarily in connection with such system.

-SOURCE-

(Pub. L. 104-182, title IV, Sec. 401, Aug. 6, 1996, 110 Stat.

1690.)

-COD-

CODIFICATION

Section was enacted as part of the Safe Drinking Water Act

Amendments of 1996, and not as part of the Public Health Service

Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 300j-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-4. Records and inspections

-STATUTE-

(a) Provision of information to Administrator; monitoring program

for unregulated contaminants

(1)(A) Every person who is subject to any requirement of this

subchapter or who is a grantee, shall establish and maintain such

records, make such reports, conduct such monitoring, and provide

such information as the Administrator may reasonably require by

regulation to assist the Administrator in establishing regulations

under this subchapter, in determining whether such person has acted

or is acting in compliance with this subchapter, in administering

any program of financial assistance under this subchapter, in

evaluating the health risks of unregulated contaminants, or in

advising the public of such risks. In requiring a public water

system to monitor under this subsection, the Administrator may take

into consideration the system size and the contaminants likely to

be found in the system's drinking water.

(B) Every person who is subject to a national primary drinking

water regulation under section 300g-1 of this title shall provide

such information as the Administrator may reasonably require, after

consultation with the State in which such person is located if such

State has primary enforcement responsibility for public water

systems, on a case-by-case basis, to determine whether such person

has acted or is acting in compliance with this subchapter.

water regulation under section 300g-1 of this title shall provide

such information as the Administrator may reasonably require to

assist the Administrator in establishing regulations under section

300g-1 of this title, after consultation with States and suppliers

of water. The Administrator may not require under this subparagraph

the installation of treatment equipment or process changes, the

testing of treatment technology, or the analysis or processing of

monitoring samples, except where the Administrator provides the

funding for such activities. Before exercising this authority, the

Administrator shall first seek to obtain the information by

voluntary submission.

(D) The Administrator shall not later than 2 years after August

6, 1996, after consultation with public health experts,

representatives of the general public, and officials of State and

local governments, review the monitoring requirements for not fewer

than 12 contaminants identified by the Administrator, and

promulgate any necessary modifications.

(2) Monitoring program for unregulated contaminants. -

(A) Establishment. - The Administrator shall promulgate

regulations establishing the criteria for a monitoring program

for unregulated contaminants. The regulations shall require

monitoring of drinking water supplied by public water systems and

shall vary the frequency and schedule for monitoring requirements

for systems based on the number of persons served by the system,

the source of supply, and the contaminants likely to be found,

ensuring that only a representative sample of systems serving

10,000 persons or fewer are required to monitor.

(B) Monitoring program for certain unregulated contaminants. -

(i) Initial list. - Not later than 3 years after August 6,

1996, and every 5 years thereafter, the Administrator shall

issue a list pursuant to subparagraph (A) of not more than 30

unregulated contaminants to be monitored by public water

systems and to be included in the national drinking water

occurrence data base maintained pursuant to subsection (g) of

this section.

(ii) Governors' petition. - The Administrator shall include

among the list of contaminants for which monitoring is required

under this paragraph each contaminant recommended in a petition

signed by the Governor of each of 7 or more States, unless the

Administrator determines that the action would prevent the

listing of other contaminants of a higher public health

concern.

(i) In general. - Based on the regulations promulgated by the

Administrator, each State may develop a representative

monitoring plan to assess the occurrence of unregulated

contaminants in public water systems that serve a population of

10,000 or fewer in that State. The plan shall require

monitoring for systems representative of different sizes,

types, and geographic locations in the State.

(ii) Grants for small system costs. - From funds reserved

under section 300j-12(o) of this title or appropriated under

subparagraph (H), the Administrator shall pay the reasonable

cost of such testing and laboratory analysis as are necessary

to carry out monitoring under the plan.

(D) Monitoring results. - Each public water system that

conducts monitoring of unregulated contaminants pursuant to this

paragraph shall provide the results of the monitoring to the

primary enforcement authority for the system.

(E) Notification. - Notification of the availability of the

results of monitoring programs required under paragraph (2)(A)

shall be given to the persons served by the system.

(F) Waiver of monitoring requirement. - The Administrator shall

waive the requirement for monitoring for a contaminant under this

paragraph in a State, if the State demonstrates that the criteria

for listing the contaminant do not apply in that State.

(G) Analytical methods. - The State may use screening methods

approved by the Administrator under subsection (i) of this

section in lieu of monitoring for particular contaminants under

this paragraph.

(H) Authorization of appropriations. - There are authorized to

be appropriated to carry out this paragraph $10,000,000 for each

of the fiscal years 1997 through 2003.

(b) Entry of establishments, facilities, or other property;

inspections; conduct of certain tests; audit and examination of

records; entry restrictions; prohibition against informing of a

proposed entry

(1) Except as provided in paragraph (2), the Administrator, or

representatives of the Administrator duly designated by him, upon

presenting appropriate credentials and a written notice to any

supplier of water or other person subject to (A) a national primary

drinking water regulation prescribed under section 300g-1 of this

title, (B) an applicable underground injection control program, or

to subsection (a) of this section, or person in charge of any of

the property of such supplier or other person referred to in clause

(A), (B), or (C), is authorized to enter any establishment,

facility, or other property of such supplier or other person in

order to determine whether such supplier or other person has acted

or is acting in compliance with this subchapter, including for this

purpose, inspection, at reasonable times, of records, files,

papers, processes, controls, and facilities, or in order to test

any feature of a public water system, including its raw water

source. The Administrator or the Comptroller General (or any

representative designated by either) shall have access for the

purpose of audit and examination to any records, reports, or

information of a grantee which are required to be maintained under

subsection (a) of this section or which are pertinent to any

financial assistance under this subchapter.

(2) No entry may be made under the first sentence of paragraph

(1) in an establishment, facility, or other property of a supplier

of water or other person subject to a national primary drinking

water regulation if the establishment, facility, or other property

is located in a State which has primary enforcement responsibility

for public water systems unless, before written notice of such

entry is made, the Administrator (or his representative) notifies

the State agency charged with responsibility for safe drinking

water of the reasons for such entry. The Administrator shall, upon

a showing by the State agency that such an entry will be

detrimental to the administration of the State's program of primary

enforcement responsibility, take such showing into consideration in

determining whether to make such entry. No State agency which

receives notice under this paragraph of an entry proposed to be

made under paragraph (1) may use the information contained in the

notice to inform the person whose property is proposed to be

entered of the proposed entry; and if a State agency so uses such

information, notice to the agency under this paragraph is not

required until such time as the Administrator determines the agency

has provided him satisfactory assurances that it will no longer so

use information contained in a notice under this paragraph.

Whoever fails or refuses to comply with any requirement of

subsection (a) of this section or to allow the Administrator, the

Comptroller General, or representatives of either, to enter and

conduct any audit or inspection authorized by subsection (b) of

this section shall be subject to a civil penalty of not to exceed

$25,000.

(d) Confidential information; trade secrets and secret processes;

information disclosure; "information required under this section"

defined

(1) Subject to paragraph (2), upon a showing satisfactory to the

Administrator by any person that any information required under

this section from such person, if made public, would divulge trade

secrets or secret processes of such person, the Administrator shall

consider such information confidential in accordance with the

purposes of section 1905 of title 18. If the applicant fails to

make a showing satisfactory to the Administrator, the Administrator

shall give such applicant thirty days' notice before releasing the

information to which the application relates (unless the public

health or safety requires an earlier release of such information).

(2) Any information required under this section (A) may be

disclosed to other officers, employees, or authorized

representatives of the United States concerned with carrying out

this subchapter or to committees of the Congress, or when relevant

in any proceeding under this subchapter, and (B) shall be disclosed

to the extent it deals with the level of contaminants in drinking

water. For purposes of this subsection the term "information

required under this section" means any papers, books, documents, or

information, or any particular part thereof, reported to or

otherwise obtained by the Administrator under this section.

(e) "Grantee" and "person" defined

For purposes of this section, (1) the term "grantee" means any

person who applies for or receives financial assistance, by grant,

contract, or loan guarantee under this subchapter, and (2) the term

"person" includes a Federal agency.

(f) Information regarding drinking water coolers

The Administrator may utilize the authorities of this section for

purposes of part F of this subchapter. Any person who manufactures,

imports, sells, or distributes drinking water coolers in interstate

commerce shall be treated as a supplier of water for purposes of

applying the provisions of this section in the case of persons

subject to part F of this subchapter.

(g) Occurrence data base

(1) In general

Not later than 3 years after August 6, 1996, the Administrator

shall assemble and maintain a national drinking water contaminant

occurrence data base, using information on the occurrence of both

regulated and unregulated contaminants in public water systems

obtained under subsection (a)(1)(A) of this section or subsection

(a)(2) of this section and reliable information from other public

and private sources.

(2) Public input

In establishing the occurrence data base, the Administrator

shall solicit recommendations from the Science Advisory Board,

the States, and other interested parties concerning the

development and maintenance of a national drinking water

contaminant occurrence data base, including such issues as the

structure and design of the data base, data input parameters and

requirements, and the use and interpretation of data.

(3) Use

The data shall be used by the Administrator in making

determinations under section 300g-1(b)(1) of this title with

respect to the occurrence of a contaminant in drinking water at a

level of public health concern.

(4) Public recommendations

The Administrator shall periodically solicit recommendations

from the appropriate officials of the National Academy of

Sciences and the States, and any person may submit

recommendations to the Administrator, with respect to

contaminants that should be included in the national drinking

water contaminant occurrence data base, including recommendations

with respect to additional unregulated contaminants that should

be listed under subsection (a)(2) of this section. Any

recommendation submitted under this clause shall be accompanied

by reasonable documentation that -

(A) the contaminant occurs or is likely to occur in drinking

water; and

(B) the contaminant poses a risk to public health.

(5) Public availability

The information from the data base shall be available to the

public in readily accessible form.

(6) Regulated contaminants

With respect to each contaminant for which a national primary

drinking water regulation has been established, the data base

shall include information on the detection of the contaminant at

a quantifiable level in public water systems (including detection

of the contaminant at levels not constituting a violation of the

maximum contaminant level for the contaminant).

(7) Unregulated contaminants

With respect to contaminants for which a national primary

drinking water regulation has not been established, the data base

shall include -

(A) monitoring information collected by public water systems

that serve a population of more than 10,000, as required by the

Administrator under subsection (a) of this section;

(B) monitoring information collected from a representative

sampling of public water systems that serve a population of

10,000 or fewer; and

the occurrence of the contaminants in public water systems that

is available to the Administrator.

(h) Availability of information on small system technologies

For purposes of sections 300g-1(b)(4)(E) and 300g-4(e) of this

title (relating to small system variance program), the

Administrator may request information on the characteristics of

commercially available treatment systems and technologies,

including the effectiveness and performance of the systems and

technologies under various operating conditions. The Administrator

may specify the form, content, and submission date of information

to be submitted by manufacturers, States, and other interested

persons for the purpose of considering the systems and technologies

in the development of regulations or guidance under sections

300g-1(b)(4)(E) and 300g-4(e) of this title.

(i) Screening methods

The Administrator shall review new analytical methods to screen

for regulated contaminants and may approve such methods as are more

accurate or cost-effective than established reference methods for

use in compliance monitoring.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1445, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1686; amended Pub. L.

95-190, Sec. 12(c), (d), Nov. 16, 1977, 91 Stat. 1398; Pub. L.

99-339, title I, Sec. 106, title III, Sec. 301(h), June 19, 1986,

100 Stat. 650, 665; Pub. L. 100-572, Sec. 5, Oct. 31, 1988, 102

Stat. 2889; Pub. L. 104-182, title I, Secs. 111(b), 125(a), (c),

(d), 126, Aug. 6, 1996, 110 Stat. 1633, 1653, 1656-1658.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-182, Sec. 125(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "Every

person who is a supplier of water, who is or may be otherwise

subject to a primary drinking water regulation prescribed under

section 300g-1 of this title or to an applicable underground

injection control program (as defined in section 300h-1(c) of this

title), who is or may be subject to the permit requirement of

section 300h-3 of this title, or to an order issued under section

300j of this title, or who is a grantee, shall establish and

maintain such records, make such reports, conduct such monitoring,

and provide such information as the Administrator may reasonably

require by regulation to assist him in establishing regulations

under this subchapter, in determining whether such person has acted

or is acting in compliance with this subchapter in administering

any program of financial assistance under this subchapter, in

evaluating the health risks of unregulated contaminants, or in

advising the public of such risks. In requiring a public water

system to monitor under this subsection, the Administrator may take

into consideration the system size and the contaminants likely to

be found in the system's drinking water."

Subsec. (a)(2) to (8). Pub. L. 104-182, Sec. 125(c), added

heading and text of par. (2) and struck out former pars. (2) to (8)

which directed Administrator, not later than 18 months after June

19, 1986, to promulgate regulations requiring every public water

system to conduct a monitoring program for unregulated

contaminants, specified contents of regulations, provided for

reporting and notification of availability of results of

monitoring, waiver of monitoring requirements, and compliance by

small systems, and authorized appropriations for fiscal year ending

Sept. 30, 1987.

Subsec. (g). Pub. L. 104-182, Sec. 126, added subsec. (g).

Subsec. (h). Pub. L. 104-182, Sec. 111(b), added subsec. (h).

Subsec. (i). Pub. L. 104-182, Sec. 125(d), added subsec. (i).

1988 - Subsec. (f). Pub. L. 100-572 added subsec. (f).

1986 - Subsec. (a)(1). Pub. L. 99-339, Sec. 106(a), (b),

designated existing provisions as par. (1) and inserted provisions

permitting Administrator to consider size of system and

contaminants likely to be found.

Subsec. (a)(2) to (7). Pub. L. 99-339, Sec. 106(b), added pars.

(2) to (7).

Subsec. (a)(8). Pub. L. 99-339, Sec. 301(h), added par. (8).

Subsec. (c). Pub. L. 99-339, Sec. 106(c), substituted "shall be

subject to a civil penalty of not to exceed $25,000" for "may be

fined not more than $5,000".

1977 - Subsec. (a). Pub. L. 95-190, Sec. 12(c), inserted

provisions relating to evaluating and advising of health risks of

unregulated contaminants.

Subsec. (b)(1). Pub. L. 95-190, Sec. 12(d), designated existing

provisions as cls. (A) and (B) and added cl. (C) and reference to

such cls. (A) to (C).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300g-1, 300g-3, 300i-2,

300j-12, 7412, 9606 of this title.

-End-

-CITE-

42 USC Sec. 300j-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-5. National Drinking Water Advisory Council

-STATUTE-

(a) Establishment; membership; representation of interests; term of

office, vacancies; reappointment

There is established a National Drinking Water Advisory Council

which shall consist of fifteen members appointed by the

Administrator after consultation with the Secretary. Five members

shall be appointed from the general public; five members shall be

appointed from appropriate State and local agencies concerned with

water hygiene and public water supply; and five members shall be

appointed from representatives of private organizations or groups

demonstrating an active interest in the field of water hygiene and

public water supply, of which two such members shall be associated

with small, rural public water systems. Each member of the Council

shall hold office for a term of three years, except that -

(1) any member appointed to fill a vacancy occurring prior to

the expiration of the term for which his predecessor was

appointed shall be appointed for the remainder of such term; and

(2) the terms of the members first taking office shall expire

as follows: Five shall expire three years after December 16,

1974, five shall expire two years after such date, and five shall

expire one year after such date, as designated by the

Administrator at the time of appointment.

The members of the Council shall be eligible for reappointment.

(b) Functions

The Council shall advise, consult with, and make recommendations

to, the Administrator on matters relating to activities, functions,

and policies of the Agency under this subchapter.

Members of the Council appointed under this section shall, while

attending meetings or conferences of the Council or otherwise

engaged in business of the Council, receive compensation and

allowances at a rate to be fixed by the Administrator, but not

exceeding the daily equivalent of the annual rate of basic pay in

effect for grade GS-18 of the General Schedule for each day

(including traveltime) during which they are engaged in the actual

performance of duties vested in the Council. While away from their

homes or regular places of business in the performance of services

for the Council, members of the Council shall be allowed travel

expenses, including per diem in lieu of subsistence, in the same

manner as persons employed intermittently in the Government service

are allowed expenses under section 5703(b) (!1) of title 5.

(d) Advisory committee termination provision inapplicable

Section 14(a) of the Federal Advisory Committee Act (relating to

termination) shall not apply to the Council.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1446, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1688; amended Pub. L.

104-182, title I, Sec. 127, Aug. 6, 1996, 110 Stat. 1659.)

-REFTEXT-

REFERENCES IN TEXT

Section 5703 of title 5, referred to in subsec. (c), was amended

generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and,

as so amended, does not contain a subsec. (b).

Section 14(a) of the Federal Advisory Committee Act, referred to

in subsec. (d), is section 14(a) of Pub. L. 92-463, which is set

out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-182 inserted ", of which two such

members shall be associated with small, rural public water systems"

before period at end of second sentence.

TERMINATION OF ADVISORY COMMITTEES

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a

note under section 217a of this title, provided that an advisory

committee established pursuant to the Public Health Service Act

shall terminate at such time as may be specifically prescribed by

an Act of Congress enacted after Jan. 4, 1975.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300f of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300j-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-6. Federal agencies

-STATUTE-

(a) In general

Each department, agency, and instrumentality of the executive,

legislative, and judicial branches of the Federal Government -

(1) owning or operating any facility in a wellhead protection

area;

(2) engaged in any activity at such facility resulting, or

which may result, in the contamination of water supplies in any

such area;

(3) owning or operating any public water system; or

(4) engaged in any activity resulting, or which may result in,

underground injection which endangers drinking water (within the

meaning of section 300h(d)(2) of this title),

shall be subject to, and comply with, all Federal, State,

interstate, and local requirements, both substantive and procedural

(including any requirement for permits or reporting or any

provisions for injunctive relief and such sanctions as may be

imposed by a court to enforce such relief), respecting the

protection of such wellhead areas, respecting such public water

systems, and respecting any underground injection in the same

manner and to the same extent as any person is subject to such

requirements, including the payment of reasonable service charges.

The Federal, State, interstate, and local substantive and

procedural requirements referred to in this subsection include, but

are not limited to, all administrative orders and all civil and

administrative penalties and fines, regardless of whether such

penalties or fines are punitive or coercive in nature or are

imposed for isolated, intermittent, or continuing violations. The

United States hereby expressly waives any immunity otherwise

applicable to the United States with respect to any such

substantive or procedural requirement (including, but not limited

to, any injunctive relief, administrative order or civil or

administrative penalty or fine referred to in the preceding

sentence, or reasonable service charge). The reasonable service

charges referred to in this subsection include, but are not limited

to, fees or charges assessed in connection with the processing and

issuance of permits, renewal of permits, amendments to permits,

review of plans, studies, and other documents, and inspection and

monitoring of facilities, as well as any other nondiscriminatory

charges that are assessed in connection with a Federal, State,

interstate, or local regulatory program respecting the protection

of wellhead areas or public water systems or respecting any

underground injection. Neither the United States, nor any agent,

employee, or officer thereof, shall be immune or exempt from any

process or sanction of any State or Federal Court (!1) with respect

to the enforcement of any such injunctive relief. No agent,

employee, or officer of the United States shall be personally

liable for any civil penalty under any Federal, State, interstate,

or local law concerning the protection of wellhead areas or public

water systems or concerning underground injection with respect to

any act or omission within the scope of the official duties of the

agent, employee, or officer. An agent, employee, or officer of the

United States shall be subject to any criminal sanction (including,

but not limited to, any fine or imprisonment) under any Federal or

State requirement adopted pursuant to this subchapter, but no

department, agency, or instrumentality of the executive,

legislative, or judicial branch of the Federal Government shall be

subject to any such sanction. The President may exempt any facility

of any department, agency, or instrumentality in the executive

branch from compliance with such a requirement if he determines it

to be in the paramount interest of the United States to do so. No

such exemption shall be granted due to lack of appropriation unless

the President shall have specifically requested such appropriation

as a part of the budgetary process and the Congress shall have

failed to make available such requested appropriation. Any

exemption shall be for a period not in excess of 1 year, but

additional exemptions may be granted for periods not to exceed 1

year upon the President's making a new determination. The President

shall report each January to the Congress all exemptions from the

requirements of this section granted during the preceding calendar

year, together with his reason for granting each such exemption.

(b) Administrative penalty orders

(1) In general

If the Administrator finds that a Federal agency has violated

an applicable requirement under this subchapter, the

Administrator may issue a penalty order assessing a penalty

against the Federal agency.

(2) Penalties

The Administrator may, after notice to the agency, assess a

civil penalty against the agency in an amount not to exceed

$25,000 per day per violation.

(3) Procedure

Before an administrative penalty order issued under this

subsection becomes final, the Administrator shall provide the

agency an opportunity to confer with the Administrator and shall

provide the agency notice and an opportunity for a hearing on the

record in accordance with chapters 5 and 7 of title 5.

(4) Public review

(A) In general

Any interested person may obtain review of an administrative

penalty order issued under this subsection. The review may be

obtained in the United States District Court for the District

of Columbia or in the United States District Court for the

district in which the violation is alleged to have occurred by

the filing of a complaint with the court within the 30-day

period beginning on the date the penalty order becomes final.

The person filing the complaint shall simultaneously send a

copy of the complaint by certified mail to the Administrator

and the Attorney General.

(B) Record

The Administrator shall promptly file in the court a

certified copy of the record on which the order was issued.

The court shall not set aside or remand the order unless the

court finds that there is not substantial evidence in the

record, taken as a whole, to support the finding of a violation

or that the assessment of the penalty by the Administrator

constitutes an abuse of discretion.

(D) Prohibition on additional penalties

The court may not impose an additional civil penalty for a

violation that is subject to the order unless the court finds

that the assessment constitutes an abuse of discretion by the

Administrator.

Government

Unless a State law in effect on August 6, 1996, or a State

constitution requires the funds to be used in a different manner,

all funds collected by a State from the Federal Government from

penalties and fines imposed for violation of any substantive or

procedural requirement referred to in subsection (a) of this

section shall be used by the State only for projects designed to

improve or protect the environment or to defray the costs of

environmental protection or enforcement.

(d) Indian rights and sovereignty as unaffected; "Federal agency"

defined

(1) Nothing in the Safe Drinking Water Amendments of 1977 shall

be construed to alter or affect the status of American Indian lands

or water rights nor to waive any sovereignty over Indian lands

guaranteed by treaty or statute.

(2) For the purposes of this chapter, the term "Federal agency"

shall not be construed to refer to or include any American Indian

tribe, nor to the Secretary of the Interior in his capacity as

trustee of Indian lands.

(e) Washington Aqueduct

The Secretary of the Army shall not pass the cost of any penalty

assessed under this subchapter on to any customer, user, or other

purchaser of drinking water from the Washington Aqueduct system,

including finished water from the Dalecarlia or McMillan treatment

plant.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1447, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1688; amended Pub. L.

95-190, Sec. 8(a), (d), Nov. 16, 1977, 91 Stat. 1396, 1397; Pub. L.

104-182, title I, Sec. 129(a), (c), Aug. 6, 1996, 110 Stat. 1660,

1662.)

-REFTEXT-

REFERENCES IN TEXT

The Safe Drinking Water Amendments of 1977, referred to in

subsec. (d)(1), is Pub. L. 95-190, Nov. 16, 1977, 91 Stat. 1393.

For complete classification of this Act to the Code, see Short

Title of 1977 Amendment note set out under section 201 of this

title and Tables.

-MISC1-

AMENDMENTS

1996 - Subsecs. (a) to (d). Pub. L. 104-182, Sec. 129(a), added

subsecs. (a) to (c), redesignated former subsec. (c) as (d), and

struck out former subsecs. (a) and (b) which related to compliance

by Federal agencies with Federal, State, and local requirements

respecting provision of safe drinking water and respecting

underground injection programs, liability for civil penalties, and

waiver of compliance requirements when necessary in interest of

national security.

Subsec. (e). Pub. L. 104-182, Sec. 129(c), added subsec. (e).

1977 - Subsec. (a). Pub. L. 95-190, Sec. 8(a), substituted

provisions relating to compliance by Federal agencies having

jurisdiction over federally owned or maintained public water

systems, or engaged in underground injection activities with

Federal, State, and local requirements, etc., for provisions

relating to compliance by Federal agencies having jurisdiction over

federally owned or maintained public water systems with national

primary drinking water regulations.

Subsec. (c). Pub. L. 95-190, Sec. 8(d), added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300h, 300j-8 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Sec. 300j-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-7. Judicial review

-STATUTE-

(a) Courts of appeals; petition for review: actions respecting

regulations; filing period; grounds arising after expiration of

filing period; exclusiveness of remedy

A petition for review of -

(1) actions pertaining to the establishment of national primary

drinking water regulations (including maximum contaminant level

goals) may be filed only in the United States Court of Appeals

for the District of Columbia circuit; and

(2) any other final action of the Administrator under this

chapter may be filed in the circuit in which the petitioner

resides or transacts business which is directly affected by the

action.

Any such petition shall be filed within the 45-day period beginning

on the date of the promulgation of the regulation or any other

final Agency action with respect to which review is sought or on

the date of the determination with respect to which review is

sought, and may be filed after the expiration of such 45-day period

if the petition is based solely on grounds arising after the

expiration of such period. Action of the Administrator with respect

to which review could have been obtained under this subsection

shall not be subject to judicial review in any civil or criminal

proceeding for enforcement or in any civil action to enjoin

enforcement. In any petition concerning the assessment of a civil

penalty pursuant to section 300g-3(g)(3)(B) of this title, the

petitioner shall simultaneously send a copy of the complaint by

certified mail to the Administrator and the Attorney General. The

court shall set aside and remand the penalty order if the court

finds that there is not substantial evidence in the record to

support the finding of a violation or that the assessment of the

penalty by the Administrator constitutes an abuse of discretion.

(b) District courts; petition for review: actions respecting

variances or exemptions; filing period; grounds arising after

expiration of filing period; exclusiveness of remedy

The United States district courts shall have jurisdiction of

actions brought to review (1) the granting of, or the refusing to

grant, a variance or exemption under section 300g-4 or 300g-5 of

this title or (2) the requirements of any schedule prescribed for a

variance or exemption under such section or the failure to

prescribe such a schedule. Such an action may only be brought upon

a petition for review filed with the court within the 45-day period

beginning on the date the action sought to be reviewed is taken or,

in the case of a petition to review the refusal to grant a variance

or exemption or the failure to prescribe a schedule, within the

45-day period beginning on the date action is required to be taken

on the variance, exemption, or schedule, as the case may be. A

petition for such review may be filed after the expiration of such

period if the petition is based solely on grounds arising after the

expiration of such period. Action with respect to which review

could have been obtained under this subsection shall not be subject

to judicial review in any civil or criminal proceeding for

enforcement or in any civil action to enjoin enforcement.

modified or new findings; recommendation for modification or

setting aside of original determination

In any judicial proceeding in which review is sought of a

determination under this subchapter required to be made on the

record after notice and opportunity for hearing, if any party

applies to the court for leave to adduce additional evidence and

shows to the satisfaction of the court that such additional

evidence is material and that there were reasonable grounds for the

failure to adduce such evidence in the proceeding before the

Administrator, the court may order such additional evidence (and

evidence in rebuttal thereof) to be taken before the Administrator,

in such manner and upon such term and conditions as the court may

deem proper. The Administrator may modify his findings as to the

facts, or make new findings, by reason of the additional evidence

so taken, and he shall file such modified or new findings, and his

recommendation, if any, for the modification or setting aside of

his original determination, with the return of such additional

evidence.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1448, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1689; amended Pub. L.

99-339, title III, Sec. 303, June 19, 1986, 100 Stat. 667; Pub. L.

104-182, title I, Sec. 113(c), Aug. 6, 1996, 110 Stat. 1636.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-182, Sec. 113(c)(2), (3), in

concluding provisions, substituted "or any other final Agency

action" for "or issuance of the order" and inserted at end "In any

petition concerning the assessment of a civil penalty pursuant to

section 300g-3(g)(3)(B) of this title, the petitioner shall

simultaneously send a copy of the complaint by certified mail to

the Administrator and the Attorney General. The court shall set

aside and remand the penalty order if the court finds that there is

not substantial evidence in the record to support the finding of a

violation or that the assessment of the penalty by the

Administrator constitutes an abuse of discretion."

Subsec. (a)(2). Pub. L. 104-182, Sec. 113(c)(1), substituted "any

other final action" for "any other action".

1986 - Subsec. (a)(1). Pub. L. 99-339, Sec. 303(1), amended par.

(1) generally. Prior to amendment, par. (1) read as follows:

"action of the Administrator in promulgating any national primary

drinking water regulation under section 300g-1 of this title, any

regulation under section 300g-2(b)(1) of this title, any regulation

under section 300g-3(c) of this title, any regulation for State

underground injection control programs under section 300h of this

title, or any general regulation for the administration of this

subchapter may be filed only in the United States Court of Appeals

for the District of Columbia Circuit; and".

Subsec. (a)(2). Pub. L. 99-339, Sec. 303(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "action of

the Administrator in promulgating any other regulation under this

subchapter, issuing any order under this subchapter, or making any

determination under this subchapter may be filed only in the United

States court of appeals for the appropriate circuit."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300g-1, 300h-2, 300j-8 of

this title.

-End-

-CITE-

42 USC Sec. 300j-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-8. Citizen's civil action

-STATUTE-

(a) Persons subject to civil action; jurisdiction of enforcement

proceedings

Except as provided in subsection (b) of this section, any person

may commence a civil action on his own behalf -

(1) against any person (including (A) the United States, and

(B) any other governmental instrumentality or agency to the

extent permitted by the eleventh amendment to the Constitution)

who is alleged to be in violation of any requirement prescribed

by or under this subchapter;

(2) against the Administrator where there is alleged a failure

of the Administrator to perform any act or duty under this

subchapter which is not discretionary with the Administrator; or

(3) for the collection of a penalty by the United States

Government (and associated costs and interest) against any

Federal agency that fails, by the date that is 18 months after

the effective date of a final order to pay a penalty assessed by

the Administrator under section 300h-8(b) (!1) of this title, to

pay the penalty.

No action may be brought under paragraph (1) against a public water

system for a violation of a requirement prescribed by or under this

subchapter which occurred within the 27-month period beginning on

the first day of the month in which this subchapter is enacted. The

United States district courts shall have jurisdiction, without

regard to the amount in controversy or the citizenship of the

parties, to enforce in an action brought under this subsection any

requirement prescribed by or under this subchapter or to order the

Administrator to perform an act or duty described in paragraph (2),

as the case may be.

(b) Conditions for commencement of civil action; notice

No civil action may be commenced -

(1) under subsection (a)(1) of this section respecting

violation of a requirement prescribed by or under this subchapter

(A) prior to sixty days after the plaintiff has given notice

of such violation (i) to the Administrator, (ii) to any alleged

violator of such requirement and (iii) to the State in which

the violation occurs, or

(B) if the Administrator, the Attorney General, or the State

has commenced and is diligently prosecuting a civil action in a

court of the United States to require compliance with such

requirement, but in any such action in a court of the United

States any person may intervene as a matter of right; or

(2) under subsection (a)(2) of this section prior to sixty days

after the plaintiff has given notice of such action to the

Administrator; or

(3) under subsection (a)(3) of this section prior to 60 days

after the plaintiff has given notice of such action to the

Attorney General and to the Federal agency.

Notice required by this subsection shall be given in such manner as

the Administrator shall prescribe by regulation. No person may

commence a civil action under subsection (a) of this section to

require a State to prescribe a schedule under section 300g-4 or

300g-5 of this title for a variance or exemption, unless such

person shows to the satisfaction of the court that the State has in

a substantial number of cases failed to prescribe such schedules.

In any action under this section, the Administrator or the

Attorney General, if not a party, may intervene as a matter of

right.

(d) Costs; attorney fees; expert witness fees; filing of bond

The court, in issuing any final order in any action brought under

subsection (a) of this section, may award costs of litigation

(including reasonable attorney and expert witness fees) to any

party whenever the court determines such an award is appropriate.

The court may, if a temporary restraining order or preliminary

injunction is sought, require the filing of a bond or equivalent

security in accordance with the Federal Rules of Civil Procedure.

(e) Availability of other relief

Nothing in this section shall restrict any right which any person

(or class of persons) may have under any statute or common law to

seek enforcement of any requirement prescribed by or under this

subchapter or to seek any other relief. Nothing in this section or

in any other law of the United States shall be construed to

prohibit, exclude, or restrict any State or local government from -

(1) bringing any action or obtaining any remedy or sanction in

any State or local court, or

(2) bringing any administrative action or obtaining any

administrative remedy or sanction,

against any agency of the United States under State or local law to

enforce any requirement respecting the provision of safe drinking

water or respecting any underground injection control program.

Nothing in this section shall be construed to authorize judicial

review of regulations or orders of the Administrator under this

subchapter, except as provided in section 300j-7 of this title. For

provisions providing for application of certain requirements to

such agencies in the same manner as to nongovernmental entities,

see section 300j-6 of this title.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1449, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1690; amended Pub. L.

95-190, Sec. 8(c), Nov. 16, 1977, 91 Stat. 1397; Pub. L. 104-182,

title I, Sec. 129(b), Aug. 6, 1996, 110 Stat. 1662.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (d),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-182, Sec. 129(b)(1), added

par. (3).

Subsec. (b)(3). Pub. L. 104-182, Sec. 129(b)(2), added par. (3).

1977 - Subsec. (e). Pub. L. 95-190 inserted provisions relating

to suits by State or local governments for enforcement of safe

drinking water, etc., requirements.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300h-2 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "300j-6(b)".

-End-

-CITE-

42 USC Sec. 300j-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-9. General provisions

-STATUTE-

(a) Regulations; delegation of functions

(1) The Administrator is authorized to prescribe such regulations

as are necessary or appropriate to carry out his functions under

this subchapter.

(2) The Administrator may delegate any of his functions under

this subchapter (other than prescribing regulations) to any officer

or employee of the Agency.

(b) Utilization of officers and employees of Federal agencies

The Administrator, with the consent of the head of any other

agency of the United States, may utilize such officers and

employees of such agency as he deems necessary to assist him in

carrying out the purposes of this subchapter.

Upon the request of a State or interstate agency, the

Administrator may assign personnel of the Agency to such State or

interstate agency for the purposes of carrying out the provisions

of this subchapter.

(d) Payments of grants; adjustments; advances; reimbursement;

installments; conditions; eligibility for grants; "nonprofit

agency or institution" defined

(1) The Administrator may make payments of grants under this

subchapter (after necessary adjustment on account of previously

made underpayments or overpayments) in advance or by way of

reimbursement, and in such installments and on such conditions as

he may determine.

(2) Financial assistance may be made available in the form of

grants only to individuals and nonprofit agencies or institutions.

For purposes of this paragraph, the term "nonprofit agency or

institution" means an agency or institution no part of the net

earnings of which inure, or may lawfully inure, to the benefit of

any private shareholder or individual.

(e) Labor standards

The Administrator shall take such action as may be necessary to

assure compliance with provisions of sections 3141-3144, 3146, and

3147 of title 40. The Secretary of Labor shall have, with respect

to the labor standards specified in this subsection, the authority

and functions set forth in Reorganization Plan Numbered 14 of 1950

(15 F.R. 3176; 64 Stat. 1267) and section 3145 of title 40.

(f) Appearance and representation of Administrator through Attorney

General or attorney appointees

The Administrator shall request the Attorney General to appear

and represent him in any civil action instituted under this

subchapter to which the Administrator is a party. Unless, within a

reasonable time, the Attorney General notifies the Administrator

that he will appear in such action, attorneys appointed by the

Administrator shall appear and represent him.

(g) Authority of Administrator under other provisions unaffected

The provisions of this subchapter shall not be construed as

affecting any authority of the Administrator under part G of

subchapter II of this chapter.

(h) Reports to Congressional committees; review by Office of

Management and Budget: submittal of comments to Congressional

committees

Not later than April 1 of each year, the Administrator shall

submit to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Energy and Commerce of the House of

Representatives a report respecting the activities of the Agency

under this subchapter and containing such recommendations for

legislation as he considers necessary. The report of the

Administrator under this subsection which is due not later than

April 1, 1975, and each subsequent report of the Administrator

under this subsection shall include a statement on the actual and

anticipated cost to public water systems in each State of

compliance with the requirements of this subchapter. The Office of

Management and Budget may review any report required by this

subsection before its submission to such committees of Congress,

but the Office may not revise any such report, require any revision

in any such report, or delay its submission beyond the day

prescribed for its submission, and may submit to such committees of

Congress its comments respecting any such report.

(i) Discrimination prohibition; filing of complaint; investigation;

orders of Secretary; notice and hearing; settlements; attorneys'

fees; judicial review; filing of petition; procedural

requirements; stay of orders; exclusiveness of remedy; civil

actions for enforcement of orders; appropriate relief; mandamus

proceedings; prohibition inapplicable to undirected but

deliberate violations

(1) No employer may discharge any employee or otherwise

discriminate against any employee with respect to his compensation,

terms, conditions, or privileges of employment because the employee

(or any person acting pursuant to a request of the employee) has -

(A) commenced, caused to be commenced, or is about to commence

or cause to be commenced a proceeding under this subchapter or a

proceeding for the administration or enforcement of drinking

water regulations or underground injection control programs of a

State,

(B) testified or is about to testify in any such proceeding, or

participate in any manner in such a proceeding or in any other

action to carry out the purposes of this subchapter.

(2)(A) Any employee who believes that he has been discharged or

otherwise discriminated against by any person in violation of

paragraph (1) may, within 30 days after such violation occurs, file

(or have any person file on his behalf) a complaint with the

Secretary of Labor (hereinafter in this subsection referred to as

the "Secretary") alleging such discharge or discrimination. Upon

receipt of such a complaint, the Secretary shall notify the person

named in the complaint of the filing of the complaint.

(B)(i) Upon receipt of a complaint filed under subparagraph (A),

the Secretary shall conduct an investigation of the violation

alleged in the complaint. Within 30 days of the receipt of such

complaint, the Secretary shall complete such investigation and

shall notify in writing the complainant (and any person acting in

his behalf) and the person alleged to have committed such violation

of the results of the investigation conducted pursuant to this

subparagraph. Within 90 days of the receipt of such complaint the

Secretary shall, unless the proceeding on the complaint is

terminated by the Secretary on the basis of a settlement entered

into by the Secretary and the person alleged to have committed such

violation, issue an order either providing the relief prescribed by

clause (ii) or denying the complaint. An order of the Secretary

shall be made on the record after notice and opportunity for agency

hearing. The Secretary may not enter into a settlement terminating

a proceeding on a complaint without the participation and consent

of the complainant.

(ii) If in response to a complaint filed under subparagraph (A)

the Secretary determines that a violation of paragraph (1) has

occurred, the Secretary shall order (I) the person who committed

such violation to take affirmative action to abate the violation,

(II) such person to reinstate the complainant to his former

position together with the compensation (including back pay),

terms, conditions, and privileges of his employment, (III)

compensatory damages, and (IV) where appropriate, exemplary

damages. If such an order is issued, the Secretary, at the request

of the complainant, shall assess against the person against whom

the order is issued a sum equal to the aggregate amount of all

costs and expenses (including attorneys' fees) reasonably incurred,

as determined by the Secretary, by the complainant for, or in

connection with, the bringing of the complaint upon which the order

was issued.

(3)(A) Any person adversely affected or aggrieved by an order

issued under paragraph (2) may obtain review of the order in the

United States Court of Appeals for the circuit in which the

violation, with respect to which the order was issued, allegedly

occurred. The petition for review must be filed within sixty days

from the issuance of the Secretary's order. Review shall conform to

chapter 7 of title 5. The commencement of proceedings under this

subparagraph shall not, unless ordered by the court, operate as a

stay of the Secretary's order.

(B) An order of the Secretary with respect to which review could

have been obtained under subparagraph (A) shall not be subject to

judicial review in any criminal or other civil proceeding.

(4) Whenever a person has failed to comply with an order issued

under paragraph (2)(B), the Secretary shall file a civil action in

the United States District Court for the district in which the

violation was found to occur to enforce such order. In actions

brought under this paragraph, the district courts shall have

jurisdiction to grant all appropriate relief including, but not

limited to, injunctive relief, compensatory, and exemplary damages.

(5) Any nondiscretionary duty imposed by this section is

enforceable in mandamus proceeding brought under section 1361 of

title 28.

(6) Paragraph (1) shall not apply with respect to any employee

who, acting without direction from his employer (or the employer's

agent), deliberately causes a violation of any requirement of this

subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1450, as added Pub. L.

93-523, Sec. 2(a), Dec. 16, 1974, 88 Stat. 1691; amended Pub. L.

98-620, title IV, Sec. 402(38), Nov. 8, 1984, 98 Stat. 3360; Pub.

L. 103-437, Sec. 15(a)(2), Nov. 2, 1994, 108 Stat. 4591.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat.

1267), referred to in subsec. (e), is set out in the Appendix to

Title 5, Government Organization and Employees.

Part G of subchapter II of this chapter, referred to in subsec.

(g), is classified to section 264 of this title.

-COD-

CODIFICATION

In subsec. (e), "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Act of March 3, 1931 (known as the Davis-Bacon

Act; 40 U.S.C. 276a - 276a(5))" and "section 3145 of title 40"

substituted for "section 2 of the Act of June 13, 1934 (40 U.S.C.

276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC1-

AMENDMENTS

1994 - Subsec. (h). Pub. L. 103-437 substituted "Committee on

Commerce, Science, and Transportation of the Senate and the

Committee on Energy and Commerce of the House" for "Committee on

Commerce of the Senate and the Committee on Interstate and Foreign

Commerce of the House".

1984 - Subsec. (i)(4). Pub. L. 98-620 struck out provision which

required civil actions filed under par. (4) to be heard and decided

expeditiously.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

-End-

-CITE-

42 USC Sec. 300j-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-10. Appointment of scientific, etc., personnel by

Administrator of Environmental Protection Agency for

implementation of responsibilities; compensation

-STATUTE-

To the extent that the Administrator of the Environmental

Protection Agency deems such action necessary to the discharge of

his functions under title XIV of the Public Health Service Act [42

U.S.C. 300f et seq.] (relating to safe drinking water) and under

other provisions of law, he may appoint personnel to fill not more

than thirty scientific, engineering, professional, legal, and

administrative positions within the Environmental Protection Agency

without regard to the civil service laws and may fix the

compensation of such personnel not in excess of the maximum rate

payable for GS-18 of the General Schedule under section 5332 of

title 5.

-SOURCE-

(Pub. L. 95-190, Sec. 11(b), Nov. 16, 1977, 91 Stat. 1398.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in text, is act July

1, 1944, ch. 373, 58 Stat. 682, as amended. Title XIV of the Public

Health Service Act is classified generally to this subchapter (Sec.

300f et seq.). For complete classification of this Act to the Code,

see Short Title note set out under section 201 of this title and

Tables.

The civil service laws, referred to in text, are set out in Title

5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

Section was enacted as part of the Safe Drinking Water Amendments

of 1977, and not as part of the Public Health Service Act which

comprises this chapter.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 300j-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-11. Indian Tribes

-STATUTE-

(a) In general

Subject to the provisions of subsection (b) of this section, the

Administrator -

(1) is authorized to treat Indian Tribes as States under this

subchapter,

(2) may delegate to such Tribes primary enforcement

responsibility for public water systems and for underground

injection control, and

(3) may provide such Tribes grant and contract assistance to

carry out functions provided by this subchapter.

(b) EPA regulations

(1) Specific provisions

The Administrator shall, within 18 months after June 19, 1986,

promulgate final regulations specifying those provisions of this

subchapter for which it is appropriate to treat Indian Tribes as

States. Such treatment shall be authorized only if:

(A) the Indian Tribe is recognized by the Secretary of the

Interior and has a governing body carrying out substantial

governmental duties and powers;

(B) the functions to be exercised by the Indian Tribe are

within the area of the Tribal Government's jurisdiction; and

the Administrator's judgment, of carrying out the functions to

be exercised in a manner consistent with the terms and purposes

of this subchapter and of all applicable regulations.

(2) Provisions where treatment as State inappropriate

For any provision of this subchapter where treatment of Indian

Tribes as identical to States is inappropriate, administratively

infeasible or otherwise inconsistent with the purposes of this

subchapter, the Administrator may include in the regulations

promulgated under this section, other means for administering

such provision in a manner that will achieve the purpose of the

provision. Nothing in this section shall be construed to allow

Indian Tribes to assume or maintain primary enforcement

responsibility for public water systems or for underground

injection control in a manner less protective of the health of

persons than such responsibility may be assumed or maintained by

a State. An Indian tribe (!1) shall not be required to exercise

criminal enforcement jurisdiction for purposes of complying with

the preceding sentence.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1451, as added Pub. L.

99-339, title III, Sec. 302(a), June 19, 1986, 100 Stat. 665;

amended Pub. L. 104-182, title V, Sec. 501(f)(6), Aug. 6, 1996, 110

Stat. 1692.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-182 made technical amendment to section

catchline and subsec. (a) designation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300h-1 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 300j-12 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-12. State revolving loan funds

-STATUTE-

(a) General authority

(1) Grants to States to establish State loan funds

(A) In general

The Administrator shall offer to enter into agreements with

eligible States to make capitalization grants, including

letters of credit, to the States under this subsection to

further the health protection objectives of this subchapter,

promote the efficient use of fund resources, and for other

purposes as are specified in this subchapter.

(B) Establishment of fund

To be eligible to receive a capitalization grant under this

section, a State shall establish a drinking water treatment

revolving loan fund (referred to in this section as a "State

loan fund") and comply with the other requirements of this

section. Each grant to a State under this section shall be

deposited in the State loan fund established by the State,

except as otherwise provided in this section and in other

provisions of this subchapter. No funds authorized by other

provisions of this subchapter to be used for other purposes

specified in this subchapter shall be deposited in any State

loan fund.

The grant to a State shall be available to the State for

obligation during the fiscal year for which the funds are

authorized and during the following fiscal year, except that

grants made available from funds provided prior to fiscal year

1997 shall be available for obligation during each of the

fiscal years 1997 and 1998.

(D) Allotment formula

Except as otherwise provided in this section, funds made

available to carry out this section shall be allotted to States

that have entered into an agreement pursuant to this section

(other than the District of Columbia) in accordance with -

(i) for each of fiscal years 1995 through 1997, a formula

that is the same as the formula used to distribute public

water system supervision grant funds under section 300j-2 of

this title in fiscal year 1995, except that the minimum

proportionate share established in the formula shall be 1

percent of available funds and the formula shall be adjusted

to include a minimum proportionate share for the State of

Wyoming and the District of Columbia; and

(ii) for fiscal year 1998 and each subsequent fiscal year,

a formula that allocates to each State the proportional share

of the State needs identified in the most recent survey

conducted pursuant to subsection (h) of this section, except

that the minimum proportionate share provided to each State

shall be the same as the minimum proportionate share provided

under clause (i).

(E) Reallotment

The grants not obligated by the last day of the period for

which the grants are available shall be reallotted according to

the appropriate criteria set forth in subparagraph (D), except

that the Administrator may reserve and allocate 10 percent of

the remaining amount for financial assistance to Indian Tribes

in addition to the amount allotted under subsection (i) of this

section and none of the funds reallotted by the Administrator

shall be reallotted to any State that has not obligated all

sums allotted to the State pursuant to this section during the

period in which the sums were available for obligation.

(F) Nonprimacy States

The State allotment for a State not exercising primary

enforcement responsibility for public water systems shall not

be deposited in any such fund but shall be allotted by the

Administrator under this subparagraph. Pursuant to section

300j-2(a)(9)(A) of this title such sums allotted under this

subparagraph shall be reserved as needed by the Administrator

to exercise primary enforcement responsibility under this

subchapter in such State and the remainder shall be reallotted

to States exercising primary enforcement responsibility for

public water systems for deposit in such funds. Whenever the

Administrator makes a final determination pursuant to section

300g-2(b) of this title that the requirements of section

300g-2(a) of this title are no longer being met by a State,

additional grants for such State under this subchapter shall be

immediately terminated by the Administrator. This subparagraph

shall not apply to any State not exercising primary enforcement

responsibility for public water systems as of August 6, 1996.

(G) Other programs

(i) New system capacity

Beginning in fiscal year 1999, the Administrator shall

withhold 20 percent of each capitalization grant made

pursuant to this section to a State unless the State has met

the requirements of section 300g-9(a) of this title (relating

to capacity development) and shall withhold 10 percent for

fiscal year 2001, 15 percent for fiscal year 2002, and 20

percent for fiscal year 2003 if the State has not complied

with the provisions of section 300g-9(c) of this title

(relating to capacity development strategies). Not more than

a total of 20 percent of the capitalization grants made to a

State in any fiscal year may be withheld under the preceding

provisions of this clause. All funds withheld by the

Administrator pursuant to this clause shall be reallotted by

the Administrator on the basis of the same ratio as is

applicable to funds allotted under subparagraph (D). None of

the funds reallotted by the Administrator pursuant to this

paragraph shall be allotted to a State unless the State has

met the requirements of section 300g-9 of this title

(relating to capacity development).

(ii) Operator certification

The Administrator shall withhold 20 percent of each

capitalization grant made pursuant to this section unless the

State has met the requirements of 300g-8 (!1) of this title

(relating to operator certification). All funds withheld by

the Administrator pursuant to this clause shall be reallotted

by the Administrator on the basis of the same ratio as

applicable to funds allotted under subparagraph (D). None of

the funds reallotted by the Administrator pursuant to this

paragraph shall be allotted to a State unless the State has

met the requirements of section 300g-8 of this title

(relating to operator certification).

(2) Use of funds

Except as otherwise authorized by this subchapter, amounts

deposited in a State loan fund, including loan repayments and

interest earned on such amounts, shall be used only for providing

loans or loan guarantees, or as a source of reserve and security

for leveraged loans, the proceeds of which are deposited in a

State loan fund established under paragraph (1), or other

financial assistance authorized under this section to community

water systems and nonprofit noncommunity water systems, other

than systems owned by Federal agencies. Financial assistance

under this section may be used by a public water system only for

expenditures (not including monitoring, operation, and

maintenance expenditures) of a type or category which the

Administrator has determined, through guidance, will facilitate

compliance with national primary drinking water regulations

applicable to the system under section 300g-1 of this title or

otherwise significantly further the health protection objectives

of this subchapter. The funds may also be used to provide loans

to a system referred to in section 300f(4)(B) of this title for

the purpose of providing the treatment described in section

300f(4)(B)(i)(III) of this title. The funds shall not be used for

the acquisition of real property or interests therein, unless the

acquisition is integral to a project authorized by this paragraph

and the purchase is from a willing seller. Of the amount credited

to any State loan fund established under this section in any

fiscal year, 15 percent shall be available solely for providing

loan assistance to public water systems which regularly serve

fewer than 10,000 persons to the extent such funds can be

obligated for eligible projects of public water systems.

(3) Limitation

(A) In general

Except as provided in subparagraph (B), no assistance under

this section shall be provided to a public water system that -

(i) does not have the technical, managerial, and financial

capability to ensure compliance with the requirements of this

subchapter; or

(ii) is in significant noncompliance with any requirement

of a national primary drinking water regulation or variance.

(B) Restructuring

A public water system described in subparagraph (A) may

receive assistance under this section if -

(i) the use of the assistance will ensure compliance; and

(ii) if subparagraph (A)(i) applies to the system, the

owner or operator of the system agrees to undertake feasible

and appropriate changes in operations (including ownership,

management, accounting, rates, maintenance, consolidation,

alternative water supply, or other procedures) if the State

determines that the measures are necessary to ensure that the

system has the technical, managerial, and financial

capability to comply with the requirements of this subchapter

over the long term.

Prior to providing assistance under this section to a public

water system that is in significant noncompliance with any

requirement of a national primary drinking water regulation or

variance, the State shall conduct a review to determine whether

subparagraph (A)(i) applies to the system.

(b) Intended use plans

(1) In general

After providing for public review and comment, each State that

has entered into a capitalization agreement pursuant to this

section shall annually prepare a plan that identifies the

intended uses of the amounts available to the State loan fund of

the State.

(2) Contents

An intended use plan shall include -

(A) a list of the projects to be assisted in the first fiscal

year that begins after the date of the plan, including a

description of the project, the expected terms of financial

assistance, and the size of the community served;

(B) the criteria and methods established for the distribution

of funds; and

fund and the short-term and long-term goals of the State loan

fund.

(3) Use of funds

(A) In general

An intended use plan shall provide, to the maximum extent

practicable, that priority for the use of funds be given to

projects that -

(i) address the most serious risk to human health;

(ii) are necessary to ensure compliance with the

requirements of this subchapter (including requirements for

filtration); and

(iii) assist systems most in need on a per household basis

according to State affordability criteria.

(B) List of projects

Each State shall, after notice and opportunity for public

comment, publish and periodically update a list of projects in

the State that are eligible for assistance under this section,

including the priority assigned to each project and, to the

extent known, the expected funding schedule for each project.

Each State loan fund under this section shall be established,

maintained, and credited with repayments and interest. The fund

corpus shall be available in perpetuity for providing financial

assistance under this section. To the extent amounts in the fund

are not required for current obligation or expenditure, such

amounts shall be invested in interest bearing obligations.

(d) Assistance for disadvantaged communities

(1) Loan subsidy

Notwithstanding any other provision of this section, in any

case in which the State makes a loan pursuant to subsection

(a)(2) of this section to a disadvantaged community or to a

community that the State expects to become a disadvantaged

community as the result of a proposed project, the State may

provide additional subsidization (including forgiveness of

principal).

(2) Total amount of subsidies

For each fiscal year, the total amount of loan subsidies made

by a State pursuant to paragraph (1) may not exceed 30 percent of

the amount of the capitalization grant received by the State for

the year.

(3) "Disadvantaged community" defined

In this subsection, the term "disadvantaged community" means

the service area of a public water system that meets

affordability criteria established after public review and

comment by the State in which the public water system is located.

The Administrator may publish information to assist States in

establishing affordability criteria.

(e) State contribution

Each agreement under subsection (a) of this section shall require

that the State deposit in the State loan fund from State moneys an

amount equal to at least 20 percent of the total amount of the

grant to be made to the State on or before the date on which the

grant payment is made to the State, except that a State shall not

be required to deposit such amount into the fund prior to the date

on which each grant payment is made for fiscal years 1994, 1995,

1996, and 1997 if the State deposits the State contribution amount

into the State loan fund prior to September 30, 1999.

(f) Types of assistance

Except as otherwise limited by State law, the amounts deposited

into a State loan fund under this section may be used only -

(1) to make loans, on the condition that -

(A) the interest rate for each loan is less than or equal to

the market interest rate, including an interest free loan;

(B) principal and interest payments on each loan will

commence not later than 1 year after completion of the project

for which the loan was made, and each loan will be fully

amortized not later than 20 years after the completion of the

project, except that in the case of a disadvantaged community

(as defined in subsection (d)(3) of this section), a State may

provide an extended term for a loan, if the extended term -

(i) terminates not later than the date that is 30 years

after the date of project completion; and

(ii) does not exceed the expected design life of the

project;

source of revenue (or, in the case of a privately owned system,

demonstrate that there is adequate security) for the repayment

of the loan; and

(D) the State loan fund will be credited with all payments of

principal and interest on each loan;

(2) to buy or refinance the debt obligation of a municipality

or an intermunicipal or interstate agency within the State at an

interest rate that is less than or equal to the market interest

rate in any case in which a debt obligation is incurred after

July 1, 1993;

(3) to guarantee, or purchase insurance for, a local obligation

(all of the proceeds of which finance a project eligible for

assistance under this section) if the guarantee or purchase would

improve credit market access or reduce the interest rate

applicable to the obligation;

(4) as a source of revenue or security for the payment of

principal and interest on revenue or general obligation bonds

issued by the State if the proceeds of the sale of the bonds will

be deposited into the State loan fund; and

(5) to earn interest on the amounts deposited into the State

loan fund.

(g) Administration of State loan funds

(1) Combined financial administration

Notwithstanding subsection (c) of this section, a State may (as

a convenience and to avoid unnecessary administrative costs)

combine, in accordance with State law, the financial

administration of a State loan fund established under this

section with the financial administration of any other revolving

fund established by the State if otherwise not prohibited by the

law under which the State loan fund was established and if the

Administrator determines that -

(A) the grants under this section, together with loan

repayments and interest, will be separately accounted for and

used solely for the purposes specified in subsection (a) of

this section; and

(B) the authority to establish assistance priorities and

carry out oversight and related activities (other than

financial administration) with respect to assistance remains

with the State agency having primary responsibility for

administration of the State program under section 300g-2 of

this title, after consultation with other appropriate State

agencies (as determined by the State): Provided, That in

nonprimacy States eligible to receive assistance under this

section, the Governor shall determine which State agency will

have authority to establish priorities for financial assistance

from the State loan fund.

(2) Cost of administering fund

Each State may annually use up to 4 percent of the funds

allotted to the State under this section to cover the reasonable

costs of administration of the programs under this section,

including the recovery of reasonable costs expended to establish

a State loan fund which are incurred after August 6, 1996, and to

provide technical assistance to public water systems within the

State. For fiscal year 1995 and each fiscal year thereafter, each

State may use up to an additional 10 percent of the funds

allotted to the State under this section -

(A) for public water system supervision programs under

section 300j-2(a) of this title;

(B) to administer or provide technical assistance through

source water protection programs;

under section 300g-9(c) of this title; and

(D) for an operator certification program for purposes of

meeting the requirements of section 300g-8 of this title,

if the State matches the expenditures with at least an equal

amount of State funds. At least half of the match must be

additional to the amount expended by the State for public water

supervision in fiscal year 1993. An additional 2 percent of the

funds annually allotted to each State under this section may be

used by the State to provide technical assistance to public water

systems serving 10,000 or fewer persons in the State. Funds

utilized under subparagraph (B) shall not be used for enforcement

actions.

(3) Guidance and regulations

The Administrator shall publish guidance and promulgate

regulations as may be necessary to carry out the provisions of

this section, including -

(A) provisions to ensure that each State commits and expends

funds allotted to the State under this section as efficiently

as possible in accordance with this subchapter and applicable

State laws;

(B) guidance to prevent waste, fraud, and abuse; and

this section to finance the expansion of any public water

system in anticipation of future population growth.

The guidance and regulations shall also ensure that the States,

and public water systems receiving assistance under this section,

use accounting, audit, and fiscal procedures that conform to

generally accepted accounting standards.

(4) State report

Each State administering a loan fund and assistance program

under this subsection shall publish and submit to the

Administrator a report every 2 years on its activities under this

section, including the findings of the most recent audit of the

fund and the entire State allotment. The Administrator shall

periodically audit all State loan funds established by, and all

other amounts allotted to, the States pursuant to this section in

accordance with procedures established by the Comptroller

General.

(h) Needs survey

The Administrator shall conduct an assessment of water system

capital improvement needs of all eligible public water systems in

the United States and submit a report to the Congress containing

the results of the assessment within 180 days after August 6, 1996,

and every 4 years thereafter.

(i) Indian Tribes

(1) In general

1 1/2 percent of the amounts appropriated annually to carry

out this section may be used by the Administrator to make grants

to Indian Tribes and Alaska Native villages that have not

otherwise received either grants from the Administrator under

this section or assistance from State loan funds established

under this section. The grants may only be used for expenditures

by tribes and villages for public water system expenditures

referred to in subsection (a)(2) of this section.

(2) Use of funds

Funds reserved pursuant to paragraph (1) shall be used to

address the most significant threats to public health associated

with public water systems that serve Indian Tribes, as determined

by the Administrator in consultation with the Director of the

Indian Health Service and Indian Tribes.

(3) Alaska Native villages

In the case of a grant for a project under this subsection in

an Alaska Native village, the Administrator is also authorized to

make grants to the State of Alaska for the benefit of Native

villages. An amount not to exceed 4 percent of the grant amount

may be used by the State of Alaska for project management.

(4) Needs assessment

The Administrator, in consultation with the Director of the

Indian Health Service and Indian Tribes, shall, in accordance

with a schedule that is consistent with the needs surveys

conducted pursuant to subsection (h) of this section, prepare

surveys and assess the needs of drinking water treatment

facilities to serve Indian Tribes, including an evaluation of the

public water systems that pose the most significant threats to

public health.

(j) Other areas

Of the funds annually available under this section for grants to

States, the Administrator shall make allotments in accordance with

section 300j-2(a)(4) of this title for the Virgin Islands, the

Commonwealth of the Northern Mariana Islands, American Samoa, and

Guam. The grants allotted as provided in this subsection may be

provided by the Administrator to the governments of such areas, to

public water systems in such areas, or to both, to be used for the

public water system expenditures referred to in subsection (a)(2)

of this section. The grants, and grants for the District of

Columbia, shall not be deposited in State loan funds. The total

allotment of grants under this section for all areas described in

this subsection in any fiscal year shall not exceed 0.33 percent of

the aggregate amount made available to carry out this section in

that fiscal year.

(k) Other authorized activities

(1) In general

Notwithstanding subsection (a)(2) of this section, a State may

take each of the following actions:

(A) Provide assistance, only in the form of a loan, to one or

more of the following:

(i) Any public water system described in subsection (a)(2)

of this section to acquire land or a conservation easement

from a willing seller or grantor, if the purpose of the

acquisition is to protect the source water of the system from

contamination and to ensure compliance with national primary

drinking water regulations.

(ii) Any community water system to implement local,

voluntary source water protection measures to protect source

water in areas delineated pursuant to section 300j-13 of this

title, in order to facilitate compliance with national

primary drinking water regulations applicable to the system

under section 300g-1 of this title or otherwise significantly

further the health protection objectives of this subchapter.

Funds authorized under this clause may be used to fund only

voluntary, incentive-based mechanisms.

(iii) Any community water system to provide funding in

accordance with section 300j-14(a)(1)(B)(i) of this title.

(B) Provide assistance, including technical and financial

assistance, to any public water system as part of a capacity

development strategy developed and implemented in accordance

with section 300g-9(c) of this title.

State for fiscal years 1996 and 1997 to delineate and assess

source water protection areas in accordance with section

300j-13 of this title, except that funds set aside for such

expenditure shall be obligated within 4 fiscal years.

(D) Make expenditures from the fund for the establishment and

implementation of wellhead protection programs under section

300h-7 of this title.

(2) Limitation

For each fiscal year, the total amount of assistance provided

and expenditures made by a State under this subsection may not

exceed 15 percent of the amount of the capitalization grant

received by the State for that year and may not exceed 10 percent

of that amount for any one of the following activities:

(A) To acquire land or conservation easements pursuant to

paragraph (1)(A)(i).

(B) To provide funding to implement voluntary,

incentive-based source water quality protection measures

pursuant to clauses (ii) and (iii) of paragraph (1)(A).

strategy pursuant to paragraph (1)(B).

(D) To make expenditures to delineate or assess source water

protection areas pursuant to paragraph (1)(C).

(E) To make expenditures to establish and implement wellhead

protection programs pursuant to paragraph (1)(D).

(3) Statutory construction

Nothing in this section creates or conveys any new authority to

a State, political subdivision of a State, or community water

system for any new regulatory measure, or limits any authority of

a State, political subdivision of a State or community water

system.

(l) Savings

The failure or inability of any public water system to receive

funds under this section or any other loan or grant program, or any

delay in obtaining the funds, shall not alter the obligation of the

system to comply in a timely manner with all applicable drinking

water standards and requirements of this subchapter.

(m) Authorization of appropriations

There are authorized to be appropriated to carry out the purposes

of this section $599,000,000 for the fiscal year 1994 and

$1,000,000,000 for each of the fiscal years 1995 through 2003. To

the extent amounts authorized to be appropriated under this

subsection in any fiscal year are not appropriated in that fiscal

year, such amounts are authorized to be appropriated in a

subsequent fiscal year (prior to the fiscal year 2004). Such sums

shall remain available until expended.

(n) Health effects studies

From funds appropriated pursuant to this section for each fiscal

year, the Administrator shall reserve $10,000,000 for health

effects studies on drinking water contaminants authorized by the

Safe Drinking Water Act Amendments of 1996. In allocating funds

made available under this subsection, the Administrator shall give

priority to studies concerning the health effects of

cryptosporidium (as authorized by section 300j-18(c) of this

title), disinfection byproducts (as authorized by section

300j-18(c) of this title), and arsenic (as authorized by section

300g-1(b)(12)(A) of this title), and the implementation of a plan

for studies of subpopulations at greater risk of adverse effects

(as authorized by section 300j-18(a) of this title).

(o) Monitoring for unregulated contaminants

From funds appropriated pursuant to this section for each fiscal

year beginning with fiscal year 1998, the Administrator shall

reserve $2,000,000 to pay the costs of monitoring for unregulated

contaminants under section 300j-4(a)(2)(C) of this title.

(p) Demonstration project for State of Virginia

Notwithstanding the other provisions of this section limiting the

use of funds deposited in a State loan fund from any State

allotment, the State of Virginia may, as a single demonstration and

with the approval of the Virginia General Assembly and the

Administrator, conduct a program to demonstrate alternative

approaches to intergovernmental coordination to assist in the

financing of new drinking water facilities in the following rural

communities in southwestern Virginia where none exists on August 6,

1996, and where such communities are experiencing economic

hardship: Lee County, Wise County, Scott County, Dickenson County,

Russell County, Buchanan County, Tazewell County, and the city of

Norton, Virginia. The funds allotted to that State and deposited in

the State loan fund may be loaned to a regional endowment fund for

the purpose set forth in this subsection under a plan to be

approved by the Administrator. The plan may include an advisory

group that includes representatives of such counties.

(q) Small system technical assistance

The Administrator may reserve up to 2 percent of the total funds

appropriated pursuant to subsection (m) of this section for each of

the fiscal years 1997 through 2003 to carry out the provisions of

section 300j-1(e) of this title (relating to technical assistance

for small systems), except that the total amount of funds made

available for such purpose in any fiscal year through

appropriations (as authorized by section 300j-1(e) of this title)

and reservations made pursuant to this subsection shall not exceed

the amount authorized by section 300j-1(e) of this title.

(r) Evaluation

The Administrator shall conduct an evaluation of the

effectiveness of the State loan funds through fiscal year 2001. The

evaluation shall be submitted to the Congress at the same time as

the President submits to the Congress, pursuant to section 1108 of

title 31, an appropriations request for fiscal year 2003 relating

to the budget of the Environmental Protection Agency.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1452, as added Pub. L.

104-182, title I, Sec. 130, Aug. 6, 1996, 110 Stat. 1662.)

-REFTEXT-

REFERENCES IN TEXT

The Safe Drinking Water Act Amendments of 1996, referred to in

subsec. (n), is Pub. L. 104-182, Aug. 6, 1996, 110 Stat. 1613. For

complete classification of this Act to the Code, see Short Title of

1996 Amendment note set out under section 201 of this title and

Tables.

-MISC1-

COMBINING FUND ASSETS FOR ENHANCEMENT OF LENDING CAPACITY

Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2498,

provided in part: "That, consistent with section 1452(g) of the

Safe Drinking Water Act (42 U.S.C. 300j-12(g)), section 302 of the

Safe Drinking Water Act Amendments of 1996 (Public Law 104-182)

[set out as a note below] and the accompanying joint explanatory

statement of the committee of conference (H. Rept. No. 104-741 to

accompany S. 1316, the Safe Drinking Water Act Amendments of 1996),

and notwithstanding any other provision of law, beginning in fiscal

year 1999 and thereafter, States may combine the assets of State

Revolving Funds (SRFs) established under section 1452 of the Safe

Drinking Water Act, as amended, and title VI of the Federal Water

Pollution Control Act [33 U.S.C. 1381 et seq.], as amended, as

security for bond issues to enhance the lending capacity of one or

both SRFs, but not to acquire the state match for either program,

provided that revenues from the bonds are allocated to the purposes

of the Safe Drinking Water Act [this subchapter] and the Federal

Water Pollution Control Act [33 U.S.C. 1251 et seq.] in the same

portion as the funds are used as security for the bonds".

TRANSFER OF FUNDS

Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 685, provided

in part: "That for fiscal year 2002, State authority under section

302(a) of Public Law 104-182 [set out as a note below] shall remain

in effect".

Section 302 of Pub. L. 104-182 provided that:

"(a) In General. - Notwithstanding any other provision of law, at

any time after the date 1 year after a State establishes a State

loan fund pursuant to section 1452 of the Safe Drinking Water Act

[this section] but prior to fiscal year 2002, a Governor of the

State may -

"(1) reserve up to 33 percent of a capitalization grant made

pursuant to such section 1452 and add the funds reserved to any

funds provided to the State pursuant to section 601 of the

Federal Water Pollution Control Act (33 U.S.C. 1381); and

"(2) reserve in any year a dollar amount up to the dollar

amount that may be reserved under paragraph (1) for that year

from capitalization grants made pursuant to section 601 of such

Act (33 U.S.C. 1381) and add the reserved funds to any funds

provided to the State pursuant to section 1452 of the Safe

Drinking Water Act.

"(b) Report. - Not later than 4 years after the date of enactment

of this Act [Aug. 6, 1996], the Administrator shall submit a report

to the Congress regarding the implementation of this section,

together with the Administrator's recommendations, if any, for

modifications or improvement.

"(c) State Match. - Funds reserved pursuant to this section shall

not be considered to be a State match of a capitalization grant

required pursuant to section 1452 of the Safe Drinking Water Act or

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300f, 300g-4, 300g-5,

300g-8, 300g-9, 300j-1, 300j-2, 300j-3c, 300j-4, 300j-13, 300j-14,

300j-15, 300j-18 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "section".

-End-

-CITE-

42 USC Sec. 300j-13 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-13. Source water quality assessment

-STATUTE-

(a) Source water assessment

(1) Guidance

Within 12 months after August 6, 1996, after notice and

comment, the Administrator shall publish guidance for States

exercising primary enforcement responsibility for public water

systems to carry out directly or through delegation (for the

protection and benefit of public water systems and for the

support of monitoring flexibility) a source water assessment

program within the State's boundaries. Each State adopting

modifications to monitoring requirements pursuant to section

300g-7(b) of this title shall, prior to adopting such

modifications, have an approved source water assessment program

under this section and shall carry out the program either

directly or through delegation.

(2) Program requirements

A source water assessment program under this subsection shall -

(A) delineate the boundaries of the assessment areas in such

State from which one or more public water systems in the State

receive supplies of drinking water, using all reasonably

available hydrogeologic information on the sources of the

supply of drinking water in the State and the water flow,

recharge, and discharge and any other reliable information as

the State deems necessary to adequately determine such areas;

and

(B) identify for contaminants regulated under this subchapter

for which monitoring is required under this subchapter (or any

unregulated contaminants selected by the State, in its

discretion, which the State, for the purposes of this

subsection, has determined may present a threat to public

health), to the extent practical, the origins within each

delineated area of such contaminants to determine the

susceptibility of the public water systems in the delineated

area to such contaminants.

(3) Approval, implementation, and monitoring relief

A State source water assessment program under this subsection

shall be submitted to the Administrator within 18 months after

the Administrator's guidance is issued under this subsection and

shall be deemed approved 9 months after the date of such

submittal unless the Administrator disapproves the program as

provided in section 300h-7(c) of this title. States shall begin

implementation of the program immediately after its approval. The

Administrator's approval of a State program under this subsection

shall include a timetable, established in consultation with the

State, allowing not more than 2 years for completion after

approval of the program. Public water systems seeking monitoring

relief in addition to the interim relief provided under section

300g-7(a) of this title shall be eligible for monitoring relief,

consistent with section 300g-7(b) of this title, upon completion

of the assessment in the delineated source water assessment area

or areas concerned.

(4) Timetable

The timetable referred to in paragraph (3) shall take into

consideration the availability to the State of funds under

section 300j-12 of this title (relating to State loan funds) for

assessments and other relevant factors. The Administrator may

extend any timetable included in a State program approved under

paragraph (3) to extend the period for completion by an

additional 18 months.

(5) Demonstration project

The Administrator shall, as soon as practicable, conduct a

demonstration project, in consultation with other Federal

agencies, to demonstrate the most effective and protective means

of assessing and protecting source waters serving large

metropolitan areas and located on Federal lands.

(6) Use of other programs

To avoid duplication and to encourage efficiency, the program

under this section may make use of any of the following:

(A) Vulnerability assessments, sanitary surveys, and

monitoring programs.

(B) Delineations or assessments of ground water sources under

a State wellhead protection program developed pursuant to this

section.

sources under a State pesticide management plan developed

pursuant to the Pesticide and Ground Water State Management

Plan Regulation (subparts I and J of part 152 of title 40, Code

of Federal Regulations), promulgated under section 136a(d) of

title 7.

(D) Delineations or assessments of surface water sources

under a State watershed initiative or to satisfy the watershed

criterion for determining if filtration is required under the

Surface Water Treatment Rule (section 141.70 of title 40, Code

of Federal Regulations).

(E) Delineations or assessments of surface or ground water

sources under programs or plans pursuant to the Federal Water

Pollution Control Act [33 U.S.C. 1251 et seq.].

(7) Public availability

The State shall make the results of the source water

assessments conducted under this subsection available to the

public.

(b) Approval and disapproval

For provisions relating to program approval and disapproval, see

section 300h-7(c) of this title.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1453, as added Pub. L.

104-182, title I, Sec. 132(a), Aug. 6, 1996, 110 Stat. 1673.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(a)(6)(E), is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300g-7, 300h-7, 300j-12,

300j-14 of this title.

-End-

-CITE-

42 USC Sec. 300j-14 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-14. Source water petition program

-STATUTE-

(a) Petition program

(1) In general

(A) Establishment

A State may establish a program under which an owner or

operator of a community water system in the State, or a

municipal or local government or political subdivision of a

State, may submit a source water quality protection partnership

petition to the State requesting that the State assist in the

local development of a voluntary, incentive-based partnership,

among the owner, operator, or government and other persons

likely to be affected by the recommendations of the

partnership, to -

(i) reduce the presence in drinking water of contaminants

that may be addressed by a petition by considering the

origins of the contaminants, including to the maximum extent

practicable the specific activities that affect the drinking

water supply of a community;

(ii) obtain financial or technical assistance necessary to

facilitate establishment of a partnership, or to develop and

implement recommendations of a partnership for the protection

of source water to assist in the provision of drinking water

that complies with national primary drinking water

regulations with respect to contaminants addressed by a

petition; and

(iii) develop recommendations regarding voluntary and

incentive-based strategies for the long-term protection of

the source water of community water systems.

(B) Funding

Each State may -

(i) use funds set aside pursuant to section

300j-12(k)(1)(A)(iii) of this title by the State to carry out

a program described in subparagraph (A), including assistance

to voluntary local partnerships for the development and

implementation of partnership recommendations for the

protection of source water such as source water quality

assessment, contingency plans, and demonstration projects for

partners within a source water area delineated under section

300j-13(a) of this title; and

(ii) provide assistance in response to a petition submitted

under this subsection using funds referred to in subsection

(b)(2)(B) of this section.

(2) Objectives

The objectives of a petition submitted under this subsection

shall be to -

(A) facilitate the local development of voluntary,

incentive-based partnerships among owners and operators of

community water systems, governments, and other persons in

source water areas; and

(B) obtain assistance from the State in identifying resources

which are available to implement the recommendations of the

partnerships to address the origins of drinking water

contaminants that may be addressed by a petition (including to

the maximum extent practicable the specific activities

contributing to the presence of the contaminants) that affect

the drinking water supply of a community.

(3) Contaminants addressed by a petition

A petition submitted to a State under this subsection may

address only those contaminants -

(A) that are pathogenic organisms for which a national

primary drinking water regulation has been established or is

required under section 300g-1 of this title; or

(B) for which a national primary drinking water regulation

has been promulgated or proposed and that are detected by

adequate monitoring methods in the source water at the intake

structure or in any collection, treatment, storage, or

distribution facilities by the community water systems at

levels -

(i) above the maximum contaminant level; or

(ii) that are not reliably and consistently below the

maximum contaminant level.

(4) Contents

A petition submitted under this subsection shall, at a minimum

(A) include a delineation of the source water area in the

State that is the subject of the petition;

(B) identify, to the maximum extent practicable, the origins

of the drinking water contaminants that may be addressed by a

petition (including to the maximum extent practicable the

specific activities contributing to the presence of the

contaminants) in the source water area delineated under section

300j-13 of this title;

the development of recommendations by the voluntary local

partnership to address drinking water contaminants that may be

addressed by a petition;

(D) specify the efforts made to establish the voluntary local

partnership and obtain the participation of -

(i) the municipal or local government or other political

subdivision of the State with jurisdiction over the source

water area delineated under section 300j-13 of this title;

and

(ii) each person in the source water area delineated under

section 300j-13 of this title -

(I) who is likely to be affected by recommendations of

the voluntary local partnership; and

(II) whose participation is essential to the success of

the partnership;

(E) outline how the voluntary local partnership has or will,

during development and implementation of recommendations of the

voluntary local partnership, identify, recognize and take into

account any voluntary or other activities already being

undertaken by persons in the source water area delineated under

section 300j-13 of this title under Federal or State law to

reduce the likelihood that contaminants will occur in drinking

water at levels of public health concern; and

(F) specify the technical, financial, or other assistance

that the voluntary local partnership requests of the State to

develop the partnership or to implement recommendations of the

partnership.

(b) Approval or disapproval of petitions

(1) In general

After providing notice and an opportunity for public comment on

a petition submitted under subsection (a) of this section, the

State shall approve or disapprove the petition, in whole or in

part, not later than 120 days after the date of submission of the

petition.

(2) Approval

The State may approve a petition if the petition meets the

requirements established under subsection (a) of this section.

The notice of approval shall, at a minimum, include for

informational purposes -

(A) an identification of technical, financial, or other

assistance that the State will provide to assist in addressing

the drinking water contaminants that may be addressed by a

petition based on -

(i) the relative priority of the public health concern

identified in the petition with respect to the other water

quality needs identified by the State;

(ii) any necessary coordination that the State will perform

of the program established under this section with programs

implemented or planned by other States under this section;

and

(iii) funds available (including funds available from a

State revolving loan fund established under title VI of the

Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.))

or section 300j-12 of this title;

(B) a description of technical or financial assistance

pursuant to Federal and State programs that is available to

assist in implementing recommendations of the partnership in

the petition, including -

(i) any program established under the Federal Water

Pollution Control Act (33 U.S.C. 1251 et seq.);

(ii) the program established under section 1455b of title

16;

(iii) the agricultural water quality protection program

established under chapter 2 of subtitle D of title XII of the

Food Security Act of 1985 (16 U.S.C. 3838 et seq.);

(iv) the sole source aquifer protection program established

under section 300h-6 of this title;

(v) the community wellhead protection program established

under section 300h-7 of this title;

(vi) any pesticide or ground water management plan;

(vii) any voluntary agricultural resource management plan

or voluntary whole farm or whole ranch management plan

developed and implemented under a process established by the

Secretary of Agriculture; and

(viii) any abandoned well closure program; and

coordinate Federal and State programs to respond to the

petition.

(3) Disapproval

If the State disapproves a petition submitted under subsection

(a) of this section, the State shall notify the entity submitting

the petition in writing of the reasons for disapproval. A

petition may be resubmitted at any time if -

(A) new information becomes available;

(B) conditions affecting the source water that is the subject

of the petition change; or

requested.

(1) In general

The Administrator may make a grant to each State that

establishes a program under this section that is approved under

paragraph (2). The amount of each grant shall not exceed 50

percent of the cost of administering the program for the year in

which the grant is available.

(2) Approval

In order to receive grant assistance under this subsection, a

State shall submit to the Administrator for approval a plan for a

source water quality protection partnership program that is

consistent with the guidance published under subsection (d) of

this section. The Administrator shall approve the plan if the

plan is consistent with the guidance published under subsection

(d) of this section.

(d) Guidance

(1) In general

Not later than 1 year after August 6, 1996, the Administrator,

in consultation with the States, shall publish guidance to assist

(A) States in the development of a source water quality

protection partnership program; and

(B) municipal or local governments or political subdivisions

of a State and community water systems in the development of

source water quality protection partnerships and in the

assessment of source water quality.

(2) Contents of the guidance

The guidance shall, at a minimum -

(A) recommend procedures for the approval or disapproval by a

State of a petition submitted under subsection (a) of this

section;

(B) recommend procedures for the submission of petitions

developed under subsection (a) of this section;

areas within a State; and

(D) describe technical or financial assistance pursuant to

Federal and State programs that is available to address the

contamination of sources of drinking water and to develop and

respond to petitions submitted under subsection (a) of this

section.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$5,000,000 for each of the fiscal years 1997 through 2003. Each

State with a plan for a program approved under subsection (b) of

this section shall receive an equitable portion of the funds

available for any fiscal year.

(f) Statutory construction

Nothing in this section -

(1)(A) creates or conveys new authority to a State, political

subdivision of a State, or community water system for any new

regulatory measure; or

(B) limits any authority of a State, political subdivision, or

community water system; or

(2) precludes a community water system, municipal or local

government, or political subdivision of a government from locally

developing and carrying out a voluntary, incentive-based, source

water quality protection partnership to address the origins of

drinking water contaminants of public health concern.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1454, as added Pub. L.

104-182, title I, Sec. 133(a), Aug. 6, 1996, 110 Stat. 1675.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(b)(2)(A)(iii), (B)(i), is act June 30, 1948, ch. 758, as amended

generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,

which is classified generally to chapter 26 (Sec. 1251 et seq.) of

Title 33, Navigation and Navigable Waters. Title VI of the Act is

classified generally to subchapter VI (Sec. 1381 et seq.) of

chapter 26 of Title 33. For complete classification of this Act to

the Code, see Short Title note set out under section 1251 of Title

33 and Tables.

The Food Security Act of 1985, referred to in subsec.

(b)(2)(B)(iii), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as

amended. Chapter 2 of subtitle D of title XII of the Act was

classified generally to part II (Sec. 3838 et seq.) of subchapter

IV of chapter 58 of Title 16, Conservation, prior to repeal by Pub.

L. 104-127, title III, Sec. 336(h), Apr. 4, 1996, 110 Stat. 1007.

For complete classification of this Act to the Code, see Short

Title of 1985 Amendment note set out under section 1281 of Title 7,

Agriculture, and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-12 of this title.

-End-

-CITE-

42 USC Sec. 300j-15 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-15. Water conservation plan

-STATUTE-

(a) Guidelines

Not later than 2 years after August 6, 1996, the Administrator

shall publish in the Federal Register guidelines for water

conservation plans for public water systems serving fewer than

3,300 persons, public water systems serving between 3,300 and

10,000 persons, and public water systems serving more than 10,000

persons, taking into consideration such factors as water

availability and climate.

(b) Loans or grants

Within 1 year after publication of the guidelines under

subsection (a) of this section, a State exercising primary

enforcement responsibility for public water systems may require a

public water system, as a condition of receiving a loan or grant

from a State loan fund under section 300j-12 of this title, to

submit with its application for such loan or grant a water

conservation plan consistent with such guidelines.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1455, as added Pub. L.

104-182, title I, Sec. 134, Aug. 6, 1996, 110 Stat. 1679.)

-End-

-CITE-

42 USC Sec. 300j-16 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-16. Assistance to colonias

-STATUTE-

(a) Definitions

As used in this section:

(1) Border State

The term "border State" means Arizona, California, New Mexico,

and Texas.

(2) Eligible community

The term "eligible community" means a low-income community with

economic hardship that -

(A) is commonly referred to as a colonia;

(B) is located along the United States-Mexico border

(generally in an unincorporated area); and

for the provision of safe drinking water for human consumption.

(b) Grants to alleviate health risks

The Administrator of the Environmental Protection Agency and the

heads of other appropriate Federal agencies are authorized to award

grants to a border State to provide assistance to eligible

communities to facilitate compliance with national primary drinking

water regulations or otherwise significantly further the health

protection objectives of this subchapter.

Each grant awarded pursuant to subsection (b) of this section

shall be used to provide assistance to one or more eligible

communities with respect to which the residents are subject to a

significant health risk (as determined by the Administrator or the

head of the Federal agency making the grant) attributable to the

lack of access to an adequate and affordable drinking water supply

system.

(d) Cost sharing

The amount of a grant awarded pursuant to this section shall not

exceed 50 percent of the costs of carrying out the project that is

the subject of the grant.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$25,000,000 for each of the fiscal years 1997 through 1999.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1456, as added Pub. L.

104-182, title I, Sec. 135, Aug. 6, 1996, 110 Stat. 1679.)

-End-

-CITE-

42 USC Sec. 300j-17 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-17. Estrogenic substances screening program

-STATUTE-

In addition to the substances referred to in section

346a(p)(3)(B) of title 21 the Administrator may provide for testing

under the screening program authorized by section 346a(p) of title

21, in accordance with the provisions of section 346a(p) of title

21, of any other substance that may be found in sources of drinking

water if the Administrator determines that a substantial population

may be exposed to such substance.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1457, as added Pub. L.

104-182, title I, Sec. 136, Aug. 6, 1996, 110 Stat. 1680.)

-End-

-CITE-

42 USC Sec. 300j-18 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part E - General Provisions

-HEAD-

Sec. 300j-18. Drinking water studies

-STATUTE-

(a) Subpopulations at greater risk

(1) In general

The Administrator shall conduct a continuing program of studies

to identify groups within the general population that may be at

greater risk than the general population of adverse health

effects from exposure to contaminants in drinking water. The

study shall examine whether and to what degree infants, children,

pregnant women, the elderly, individuals with a history of

serious illness, or other subpopulations that can be identified

and characterized are likely to experience elevated health risks,

including risks of cancer, from contaminants in drinking water.

(2) Report

Not later than 4 years after August 6, 1996, and periodically

thereafter as new and significant information becomes available,

the Administrator shall report to the Congress on the results of

the studies.

(b) Biological mechanisms

The Administrator shall conduct biomedical studies to -

(1) understand the mechanisms by which chemical contaminants

are absorbed, distributed, metabolized, and eliminated from the

human body, so as to develop more accurate physiologically based

models of the phenomena;

(2) understand the effects of contaminants and the mechanisms

by which the contaminants cause adverse effects (especially

noncancer and infectious effects) and the variations in the

effects among humans, especially subpopulations at greater risk

of adverse effects, and between test animals and humans; and

(3) develop new approaches to the study of complex mixtures,

such as mixtures found in drinking water, especially to determine

the prospects for synergistic or antagonistic interactions that

may affect the shape of the dose-response relationship of the

individual chemicals and microbes, and to examine noncancer

endpoints and infectious diseases, and susceptible individuals

and subpopulations.

(1) Development of studies

The Administrator shall, not later than 180 days after August

6, 1996, and after consultation with the Secretary of Health and

Human Services, the Secretary of Agriculture, and, as

appropriate, the heads of other Federal agencies, conduct the

studies described in paragraph (2) to support the development and

implementation of the most current version of each of the

following:

(A) Enhanced Surface Water Treatment Rule (59 Fed. Reg. 38832

(July 29, 1994)).

(B) Disinfectant and Disinfection Byproducts Rule (59 Fed.

Reg. 38668 (July 29, 1994)).

summary announced at (57 Fed. Reg. 33960; July 31, 1992)).

(2) Contents of studies

The studies required by paragraph (1) shall include, at a

minimum, each of the following:

(A) Toxicological studies and, if warranted, epidemiological

studies to determine what levels of exposure from disinfectants

and disinfection byproducts, if any, may be associated with

developmental and birth defects and other potential toxic end

points.

(B) Toxicological studies and, if warranted, epidemiological

studies to quantify the carcinogenic potential from exposure to

disinfection byproducts resulting from different disinfectants.

including cryptosporidium and the Norwalk virus.

(3) Authorization of appropriations

There are authorized to be appropriated to carry out this

subsection $12,500,000 for each of fiscal years 1997 through

2003.

(d) Waterborne disease occurrence study

(1) System

The Director of the Centers for Disease Control and Prevention,

and the Administrator shall jointly -

(A) within 2 years after August 6, 1996, conduct pilot

waterborne disease occurrence studies for at least 5 major

United States communities or public water systems; and

(B) within 5 years after August 6, 1996, prepare a report on

the findings of the pilot studies, and a national estimate of

waterborne disease occurrence.

(2) Training and education

The Director and Administrator shall jointly establish a

national health care provider training and public education

campaign to inform both the professional health care provider

community and the general public about waterborne disease and the

symptoms that may be caused by infectious agents, including

microbial contaminants. In developing such a campaign, they shall

seek comment from interested groups and individuals, including

scientists, physicians, State and local governments,

environmental groups, public water systems, and vulnerable

populations.

(3) Funding

There are authorized to be appropriated for each of the fiscal

years 1997 through 2001, $3,000,000 to carry out this subsection.

To the extent funds under this subsection are not fully

appropriated, the Administrator may use not more than $2,000,000

of the funds from amounts reserved under section 300j-12(n) of

this title for health effects studies for purposes of this

subsection. The Administrator may transfer a portion of such

funds to the Centers for Disease Control and Prevention for such

purposes.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1458, as added Pub. L.

104-182, title I, Sec. 137, Aug. 6, 1996, 110 Stat. 1680.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-12 of this title.

-End-

-CITE-

42 USC Part F - Additional Requirements To Regulate

Safety of Drinking Water 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part F - Additional Requirements To Regulate Safety of Drinking

Water

-HEAD-

PART F - ADDITIONAL REQUIREMENTS TO REGULATE SAFETY OF DRINKING

WATER

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 300j-4 of this title.

-End-

-CITE-

42 USC Sec. 300j-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part F - Additional Requirements To Regulate Safety of Drinking

Water

-HEAD-

Sec. 300j-21. Definitions

-STATUTE-

As used in this part -

(1) Drinking water cooler

The term "drinking water cooler" means any mechanical device

affixed to drinking water supply plumbing which actively cools

water for human consumption.

(2) Lead free

The term "lead free" means, with respect to a drinking water

cooler, that each part or component of the cooler which may come

in contact with drinking water contains not more than 8 percent

lead, except that no drinking water cooler which contains any

solder, flux, or storage tank interior surface which may come in

contact with drinking water shall be considered lead free if the

solder, flux, or storage tank interior surface contains more than

0.2 percent lead. The Administrator may establish more stringent

requirements for treating any part or component of a drinking

water cooler as lead free for purposes of this part whenever he

determines that any such part may constitute an important source

of lead in drinking water.

(3) Local educational agency

The term "local educational agency" means -

(A) any local educational agency as defined in section 7801

of title 20,

(B) the owner of any private, nonprofit elementary or

secondary school building, and

defense dependent's education system provided for under the

Defense Dependent's Education Act of 1978 (20 U.S.C. 921 and

following).

(4) Repair

The term "repair" means, with respect to a drinking water

cooler, to take such corrective action as is necessary to ensure

that water cooler is lead free.

(5) Replacement

The term "replacement", when used with respect to a drinking

water cooler, means the permanent removal of the water cooler and

the installation of a lead free water cooler.

(6) School

The term "school" means any elementary school or secondary

school as defined in section 7801 of title 20 and any

kindergarten or day care facility.

(7) Lead-lined tank

The term "lead-lined tank" means a water reservoir container in

a drinking water cooler which container is constructed of lead or

which has an interior surface which is not lead free.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1461, as added Pub. L.

100-572, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2884; amended Pub. L.

103-382, title III, Sec. 391(p), Oct. 20, 1994, 108 Stat. 4024;

Pub. L. 104-182, title V, Sec. 501(f)(7), Aug. 6, 1996, 110 Stat.

1692; Pub. L. 107-110, title X, Sec. 1076(x), Jan. 8, 2002, 115

Stat. 2093.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Dependent's Education Act of 1978, referred to in

par. (3)(C), probably means the Defense Dependents' Education Act

of 1978, title XIV of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2365,

as amended, which is classified principally to chapter 25A (Sec.

921 et seq.) of Title 20, Education. For complete classification of

this Act to the Code, see Short Title note set out under section

921 of Title 20 and Tables.

-MISC1-

AMENDMENTS

2002 - Pars. (3)(A), (6). Pub. L. 107-110 substituted "section

7801 of title 20" for "section 8801 of title 20".

1996 - Pub. L. 104-182 made technical amendment to section

catchline and first word of text.

1994 - Par. (3)(A). Pub. L. 103-382, Sec. 391(p)(1), substituted

"section 8801 of title 20" for "section 198 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 3381)".

Par. (6). Pub. L. 103-382, Sec. 391(p)(2), substituted "section

8801 of title 20" for "section 198 of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 2854)".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

-End-

-CITE-

42 USC Sec. 300j-22 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part F - Additional Requirements To Regulate Safety of Drinking

Water

-HEAD-

Sec. 300j-22. Recall of drinking water coolers with lead-lined

tanks

-STATUTE-

For purposes of the Consumer Product Safety Act [15 U.S.C. 2051

et seq.], all drinking water coolers identified by the

Administrator on the list under section 300j-23 of this title as

having a lead-lined tank shall be considered to be imminently

hazardous consumer products within the meaning of section 12 of

such Act (15 U.S.C. 2061). After notice and opportunity for

comment, including a public hearing, the Consumer Product Safety

Commission shall issue an order requiring the manufacturers and

importers of such coolers to repair, replace, or recall and provide

a refund for such coolers within 1 year after October 31, 1988. For

purposes of enforcement, such order shall be treated as an order

under section 15(d) of that Act (15 U.S.C. 2064(d)).

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1462, as added Pub. L.

100-572, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2885; amended Pub. L.

104-182, title V, Sec. 501(f)(8), Aug. 6, 1996, 110 Stat. 1692.)

-REFTEXT-

REFERENCES IN TEXT

The Consumer Product Safety Act, referred to in text, is Pub. L.

92-573, Oct. 27, 1972, 86 Stat. 1207, as amended, which is

classified generally to chapter 47 (Sec. 2051 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 2051 of Title 15

and Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-182 made technical amendment to section

catchline and first word of text.

-End-

-CITE-

42 USC Sec. 300j-23 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part F - Additional Requirements To Regulate Safety of Drinking

Water

-HEAD-

Sec. 300j-23. Drinking water coolers containing lead

-STATUTE-

(a) Publication of lists

The Administrator shall, after notice and opportunity for public

comment, identify each brand and model of drinking water cooler

which is not lead free, including each brand and model of drinking

water cooler which has a lead-lined tank. For purposes of

identifying the brand and model of drinking water coolers under

this subsection, the Administrator shall use the best information

available to the Environmental Protection Agency. Within 100 days

after October 31, 1988, the Administrator shall publish a list of

each brand and model of drinking water cooler identified under this

subsection. Such list shall separately identify each brand and

model of cooler which has a lead-lined tank. The Administrator

shall continue to gather information regarding lead in drinking

water coolers and shall revise and republish the list from time to

time as may be appropriate as new information or analysis becomes

available regarding lead contamination in drinking water coolers.

(b) Prohibition

No person may sell in interstate commerce, or manufacture for

sale in interstate commerce, any drinking water cooler listed under

subsection (a) of this section or any other drinking water cooler

which is not lead free, including a lead-lined drinking water

cooler.

Any person who knowingly violates the prohibition contained in

subsection (b) of this section shall be imprisoned for not more

than 5 years, or fined in accordance with title 18, or both.

(d) Civil penalty

The Administrator may bring a civil action in the appropriate

United States District Court (as determined under the provisions of

title 28) to impose a civil penalty on any person who violates

subsection (b) of this section. In any such action the court may

impose on such person a civil penalty of not more than $5,000

($50,000 in the case of a second or subsequent violation).

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1463, as added Pub. L.

100-572, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2885; amended Pub. L.

104-182, title V, Sec. 501(f)(9), Aug. 6, 1996, 110 Stat. 1692.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-182 made technical amendment to section

catchline and subsec. (a) designation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300j-22, 300j-24 of this

title.

-End-

-CITE-

42 USC Sec. 300j-24 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part F - Additional Requirements To Regulate Safety of Drinking

Water

-HEAD-

Sec. 300j-24. Lead contamination in school drinking water

-STATUTE-

(a) Distribution of drinking water cooler list

Within 100 days after October 31, 1988, the Administrator shall

distribute to the States a list of each brand and model of drinking

water cooler identified and listed by the Administrator under

section 300j-23(a) of this title.

(b) Guidance document and testing protocol

The Administrator shall publish a guidance document and a testing

protocol to assist schools in determining the source and degree of

lead contamination in school drinking water supplies and in

remedying such contamination. The guidance document shall include

guidelines for sample preservation. The guidance document shall

also include guidance to assist States, schools, and the general

public in ascertaining the levels of lead contamination in drinking

water coolers and in taking appropriate action to reduce or

eliminate such contamination. The guidance document shall contain a

testing protocol for the identification of drinking water coolers

which contribute to lead contamination in drinking water. Such

document and protocol may be revised, republished and redistributed

as the Administrator deems necessary. The Administrator shall

distribute the guidance document and testing protocol to the States

within 100 days after October 31, 1988.

Each State shall provide for the dissemination to local

educational agencies, private nonprofit elementary or secondary

schools and to day care centers of the guidance document and

testing protocol published under subsection (b) of this section,

together with the list of drinking water coolers published under

section 300j-23(a) of this title.

(d) Remedial action program

(1) Testing and remedying lead contamination

Within 9 months after October 31, 1988, each State shall

establish a program, consistent with this section, to assist

local educational agencies in testing for, and remedying, lead

contamination in drinking water from coolers and from other

sources of lead contamination at schools under the jurisdiction

of such agencies.

(2) Public availability

A copy of the results of any testing under paragraph (1) shall

be available in the administrative offices of the local

educational agency for inspection by the public, including

teachers, other school personnel, and parents. The local

educational agency shall notify parent, teacher, and employee

organizations of the availability of such testing results.

(3) Coolers

In the case of drinking water coolers, such program shall

include measures for the reduction or elimination of lead

contamination from those water coolers which are not lead free

and which are located in schools. Such measures shall be adequate

to ensure that within 15 months after October 31, 1988, all such

water coolers in schools under the jurisdiction of such agencies

are repaired, replaced, permanently removed, or rendered

inoperable unless the cooler is tested and found (within the

limits of testing accuracy) not to contribute lead to drinking

water.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1464, as added Pub. L.

100-572, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2886; amended Pub. L.

104-182, title V, Sec. 501(f)(10), Aug. 6, 1996, 110 Stat. 1692.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-182 made technical amendment to section

catchline and subsec. (a) designation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300j-25 of this title.

-End-

-CITE-

42 USC Sec. 300j-25 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part F - Additional Requirements To Regulate Safety of Drinking

Water

-HEAD-

Sec. 300j-25. Federal assistance for State programs regarding lead

contamination in school drinking water

-STATUTE-

(a) School drinking water programs

The Administrator shall make grants to States to establish and

carry out State programs under section 300j-24 of this title to

assist local educational agencies in testing for, and remedying,

lead contamination in drinking water from drinking water coolers

and from other sources of lead contamination at schools under the

jurisdiction of such agencies. Such grants may be used by States to

reimburse local educational agencies for expenses incurred after

October 31, 1988, for such testing and remedial action.

(b) Limits

Each grant under this section shall be used by the State for

testing water coolers in accordance with section 300j-24 of this

title, for testing for lead contamination in other drinking water

supplies under section 300j-24 of this title, or for remedial

action under State programs under section 300j-24 of this title.

Not more than 5 percent of the grant may be used for program

administration.

There are authorized to be appropriated to carry out this section

not more than $30,000,000 for fiscal year 1989, $30,000,000 for

fiscal year 1990, and $30,000,000 for fiscal year 1991.

-SOURCE-

(July 1, 1944, ch. 373, title XIV, Sec. 1465, as added Pub. L.

100-572, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2887; amended Pub. L.

104-182, title V, Sec. 501(d), (f)(11), Aug. 6, 1996, 110 Stat.

1691, 1692.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-182, Sec. 501(f)(11), made technical amendment

to section catchline and subsec. (a) designation.

Subsec. (b). Pub. L. 104-182, Sec. 501(d), substituted "by the

State" for "as by the State".

-End-

-CITE-

42 USC Sec. 300j-26 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

Part F - Additional Requirements To Regulate Safety of Drinking

Water

-HEAD-

Sec. 300j-26. Certification of testing laboratories

-STATUTE-

The Administrator of the Environmental Protection Agency shall

assure that programs for the certification of testing laboratories

which test drinking water supplies for lead contamination certify

only those laboratories which provide reliable accurate testing.

The Administrator (or the State in the case of a State to which

certification authority is delegated under this subsection) shall

publish and make available to the public upon request the list of

laboratories certified under this subsection.(!1)

-SOURCE-

(Pub. L. 100-572, Sec. 4, Oct. 31, 1988, 102 Stat. 2889.)

-COD-

CODIFICATION

Section enacted as part of the Lead Contamination Control Act of

1988, and not as part of the Public Health Service Act which

comprises this chapter.

-FOOTNOTE-

(!1) So in original. Probably should be "section."

-End-

-CITE-

42 USC SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH

RESPECT TO BREAST AND CERVICAL CANCERS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1396a of this title.

-End-

-CITE-

42 USC Sec. 300k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300k. Establishment of program of grants to States

-STATUTE-

(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.

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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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.

-SECREF-

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.

-End-

-CITE-

42 USC Sec. 300l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300l. Requirement of matching funds

-STATUTE-

(a) In general

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

title unless the State involved agrees, with respect to the costs

to be incurred 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) of this section) toward such

costs in an amount equal to not less than $1 for each $3 of Federal

funds provided in the grant. Such contributions may be made

directly or through donations from public or private entities.

(b) Determination of amount of non-Federal contribution

(1) In general

Non-Federal contributions required in subsection (a) of this

section may be in cash or in kind, fairly evaluated, including

equipment or services (and excluding indirect or overhead costs).

Amounts provided by the Federal Government, 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 subsection (a) of this section, the

Secretary may include only non-Federal contributions in excess of

the average amount of non-Federal contributions made by the State

involved toward the purpose 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 contributions for medicaid

In making a determination of the amount of non-Federal

contributions for purposes of subsection (a) of this section, the

Secretary shall, subject to paragraphs (1) and (2) of this

subsection, include any non-Federal amounts expended pursuant 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.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1502, as added Pub. L.

101-354, Sec. 2, Aug. 10, 1990, 104 Stat. 410.)

-REFTEXT-

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. Title XIX of the

Social Security Act is classified generally to subchapter XIX (Sec.

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.

-MISC1-

PRIOR PROVISIONS

A prior section 300l, act July 1, 1944, ch. 373, title XV, Sec.

1511, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2229;

amended Apr. 22, 1976, Pub. L. 94-278, title XI, Sec. 1106(a), 90

Stat. 416; Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(b), 91

Stat. 384; Oct. 4, 1979, Pub. L. 96-79, title I, Sec. 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, Sec. 701(a),

Nov. 14, 1986, 100 Stat. 3799, effective 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.

-End-

-CITE-

42 USC Sec. 300l-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300l-1. Requirement regarding medicaid

-STATUTE-

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 provided under the plan.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1502A, as added Pub. L.

102-531, title III, Sec. 307, Oct. 27, 1992, 106 Stat. 3495.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Act is

classified generally to subchapter XIX (Sec. 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.

-MISC1-

PRIOR PROVISIONS

Prior sections 300l-1 to 300l-5 were repealed by Pub. L. 99-660,

title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799, effective

Jan. 1, 1987.

Section 300l-1, act July 1, 1944, ch. 373, title XV, Sec. 1512,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2232;

amended Mar. 19, 1976, Pub. L. 94-237, Sec. 14(b), 90 Stat. 249;

Oct. 12, 1976, Pub. L. 94-484, title IX, Sec. 902(a), 90 Stat.

2324; Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(c), (d), 91

Stat. 384; Oct. 4, 1979, Pub. L. 96-79, title I, Secs.

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, Sec. 935(d), 95 Stat. 571; Oct. 22, 1986,

Pub. L. 99-514, Sec. 2, 100 Stat. 2095, related to composition and

operation of health systems agencies.

Section 300l-2, act July 1, 1944, ch. 373, title XV, Sec. 1513,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2235;

amended Mar. 19, 1976, Pub. L. 94-237, Sec. 14(a), 90 Stat. 249;

Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(e)-(i), 91 Stat.

384, 385; July 10, 1979, Pub. L. 96-32, Sec. 7(m), 93 Stat. 84;

Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 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, Sec. 509(b), 93

Stat. 695; Jan. 2, 1980, Pub. L. 96-181, Sec. 15(b), 93 Stat. 1316;

Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec. 804(d), 94 Stat.

1608; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(4), 95

Stat. 561, related to functions of health systems agencies.

Section 300l-3, act July 1, 1944, ch. 373, title XV, Sec. 1514,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2239;

amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(j), 91 Stat.

385; Oct. 4, 1979, Pub. L. 96-79, title I, Sec. 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, Sec. 1515,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2239;

amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(k), 91 Stat.

385; Dec. 19, 1977, Pub. L. 95-215, Sec. 6(a)(1), 91 Stat. 1507;

Oct. 4, 1979, Pub. L. 96-79, title I, Sec. 105(a)-(d)(1)(A), (2),

(e), (g), (h), 93 Stat. 596-598; Oct. 17, 1979, Pub. L. 96-88,

title V, Sec. 509(b), 93 Stat. 695, provided for designation of

health systems agencies.

Section 300l-5, act July 1, 1944, ch. 373, title XV, Sec. 1516,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2241;

amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 102(a), 91 Stat.

383; Dec. 19, 1977, Pub. L. 95-215, Sec. 6(a)(2), 91 Stat. 1507;

Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 106, 107(b), 127(a), 93

Stat. 598, 600, 629; Dec. 17, 1980, Pub. L. 96-538, title III, Sec.

302, 94 Stat. 3190; Aug. 13, 1981, Pub. L. 97-35, title IX, Secs.

933(a)(1), 934(a), 95 Stat. 570, 571, provided for planning grants

to health systems agencies.

-End-

-CITE-

42 USC Sec. 300m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300m. Requirements with respect to type and quality of

services

-STATUTE-

(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 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, including making available

screening procedures for both breast and cervical cancers;

(2) subject to subsection (b) of this section, 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 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 unless the State involved agrees that, if any screening

procedure superior to a procedure described in subsection (a)(2) of

this section 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.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1503, as added Pub. L.

101-354, Sec. 2, Aug. 10, 1990, 104 Stat. 410; amended Pub. L.

103-183, title I, Sec. 101(c)(1), Dec. 14, 1993, 107 Stat. 2227.)

-MISC1-

PRIOR PROVISIONS

Prior sections 300m to 300m-6 were repealed by Pub. L. 99-660,

title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799, effective

Jan. 1, 1987.

Section 300m, act July 1, 1944, ch. 373, title XV, Sec. 1521, as

added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2242; amended

Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(l), (m), 91 Stat.

385; Dec. 19, 1977, Pub. L. 95-215, Sec. 6(b), 91 Stat. 1507; July

16, 1979, Pub. L. 96-33, 93 Stat. 86; Oct. 4, 1979, Pub. L. 96-79,

title I, Sec. 123(a), (b)(1)(A), (2), (d), (f), (g)(2), 93 Stat.

624-627; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93

Stat. 695; Jan. 2, 1980, Pub. L. 96-181, Sec. 15(b), 93 Stat. 1316;

Dec. 17, 1980, Pub. L. 96-538, title III, Sec. 303(b), 94 Stat.

3190; Aug. 13, 1981, Pub. L. 97-35, title IX, Secs. 902(g)(5),

936(b), 95 Stat. 561, 572; Jan. 4, 1983, Pub. L. 97-414, Sec. 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, 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, 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, Sec. 1522,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2244;

amended 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43

F.R. 36037, 92 Stat. 3783; Oct. 4, 1979, Pub. L. 96-79, title I,

Secs. 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, Sec. 509(b), 93 Stat.

695, related to State administrative programs.

Section 300m-2, act July 1, 1944, ch. 373, title XV, Sec. 1523,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2246;

amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(n), 91 Stat.

385; Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 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, Sec. 303, 94 Stat. 1588, related

to State health planning and development functions.

Section 300m-3, act July 1, 1944, ch. 373, title XV, Sec. 1524,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2247;

amended Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 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, Sec.

15(b), 93 Stat. 1316; Dec. 17, 1980, Pub. L. 96-538, title III,

Secs. 304, 305, 94 Stat. 3191; Aug. 13, 1981, Pub. L. 97-35, title

IX, Sec. 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, Sec. 1525,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2249;

amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 102(b), 91 Stat.

383; Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 107(c), 127(b), 93

Stat. 600, 629; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec.

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, Sec. 1526,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2249;

amended Aug. 1, 1977, Pub. L. 95-83, title I, Secs. 102(c), 106(o),

91 Stat. 383, 385; Oct. 4, 1979, Pub. L. 96-79, title I, Secs.

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, Sec. 1527,

as added Oct. 4, 1979, Pub. L. 96-79, title I, Sec. 117(a), 93

Stat. 614; amended Dec. 17, 1980, Pub. L. 96-538, title III, Secs.

306, 307, 94 Stat. 3191; Aug. 13, 1981, Pub. L. 97-35, title IX,

Sec. 949(c), 95 Stat. 578, related to certificate of need program.

AMENDMENTS

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.

TRANSITION RULE REGARDING MAMMOGRAPHIES

Section 101(c)(2) of Pub. L. 103-183 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 [subsec. (c) of this section]

remain in effect (for an individual or facility conducting such

procedures pursuant to a grant to a State under section 1501 of

such Act [section 300k of this title]) until there is in effect for

the facility a certificate (or provisional certificate) issued

under section 354 of such Act [section 263b of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300l-1 of this title.

-End-

-CITE-

42 USC Sec. 300n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300n. Additional required agreements

-STATUTE-

(a) Priority for low-income women

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

title unless the State involved 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 involved 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 official poverty line, as established by

the Director of the Office of Management and Budget and revised

by the Secretary in accordance with section 9902(2) of this

title.

(1) In general

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

title unless the State involved 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 organization (as such terms are defined in section 450b 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 section 300k(a) of this title.

(3) Grants to tribes and tribal organizations

(A) The Secretary, acting through the Director of the Centers

for Disease Control and Prevention, may make grants to tribes and

tribal organizations (as such terms are used in paragraph (1))

for the purpose of carrying out programs described in section

300k(a) of this title. This subchapter applies to such a grant

(in relation to the jurisdiction of the tribe or organization) 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 receiving a grant

under subparagraph (A) and the State in which the tribe or

organization is located is receiving a grant under section 300k

of this title, the requirement established in paragraph (1) for

the State regarding the tribe or organization is deemed to have

been waived under paragraph (2).

(d) Relationship to items and services under other programs

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

title unless the State involved agrees that the grant will not be

expended to make payment for any item or service to the extent that

payment has been made, or can reasonably be expected to be made,

with respect to such item or service -

(1) under any State compensation program, under an insurance

policy, or under any Federal or State health benefits program; or

(2) by an entity that provides health services on a prepaid

basis.

(e) Coordination with other breast and cervical cancer programs

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

title unless the State involved agrees that the services and

activities funded through the grant shall be coordinated with other

Federal, State, and local breast and cervical cancer programs.

(f) Limitation on administrative expenses

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

title unless the State involved agrees that not more than 10

percent of the grant will be expended for administrative expenses

with respect to the grant.

(g) Restrictions on use of grant

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

title unless the State involved agrees that the grant will not be

expended to provide inpatient hospital services for any individual.

(h) Records and audits

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

title unless the State involved agrees that -

(1) the State will establish such fiscal control and fund

accounting procedures as may be necessary to ensure the proper

disbursal of, and accounting for, amounts received by the State

under such section; and

(2) upon request, the State will provide records maintained

pursuant to paragraph (1) to the Secretary or the Comptroller of

the United States for purposes of auditing the expenditures by

the State of the grant.

(i) Reports to Secretary

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

title unless the State involved agrees to submit to the Secretary

such reports as the Secretary may require with respect to the

grant.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1504, as added Pub. L.

101-354, Sec. 2, Aug. 10, 1990, 104 Stat. 412; amended Pub. L.

103-183, title I, Sec. 101(d), Dec. 14, 1993, 107 Stat. 2228.)

-MISC1-

PRIOR PROVISIONS

A prior section 300n, act July 1, 1944, ch. 373, title XV, Sec.

1531, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2250;

amended Mar. 19, 1976, Pub. L. 94-237, Sec. 14(c), 90 Stat. 249;

Oct. 12, 1976, Pub. L. 94-484, title IX, Sec. 902(b), 90 Stat.

2324; Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 104(c)(2),

108(d)(2), 117(b)(3), 126(a)(1), (b), 93 Stat. 596, 602, 619, 628;

Dec. 17, 1980, Pub. L. 96-538, title III, Secs. 308, 309, 94 Stat.

3192; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 936(a), 95 Stat.

572, defined terms applicable to this subchapter, prior to repeal

by Pub. L. 99-660, title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat.

3799, effective Jan. 1, 1987.

AMENDMENTS

1993 - Subsec. (c)(3). Pub. L. 103-183 added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300n-4, 1396a of this

title.

-End-

-CITE-

42 USC Sec. 300n-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300n-1. Description of intended uses of grant

-STATUTE-

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

title unless -

(1) the State involved submits to the Secretary a description

of the purposes for which the State intends to expend the grant;

(2) the description identifies the populations, areas, and

localities in the State with a need for the services or

activities described in section 300k(a) of this title;

(3) the description provides information relating to the

services and activities to be provided, including a description

of the manner in which the services and activities will be

coordinated with any similar services or activities of public and

private entities; and

(4) the description provides assurances that the grant funds

will be used in the most cost-effective manner.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1505, as added Pub. L.

101-354, Sec. 2, Aug. 10, 1990, 104 Stat. 414; amended Pub. L.

103-43, title XX, Sec. 2008(c)(2), June 10, 1993, 107 Stat. 211;

Pub. L. 103-183, title I, Sec. 101(g)(2), Dec. 14, 1993, 107 Stat.

2229; Pub. L. 105-392, title IV, Sec. 401(b)(6), Nov. 13, 1998, 112

Stat. 3587.)

-MISC1-

PRIOR PROVISIONS

A prior section 300n-1, act July 1, 1944, ch. 373, title XV, Sec.

1532, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2251;

amended Oct. 8, 1976, Pub. L. 94-460, title I, Sec. 117(a), 90

Stat. 1954; Nov. 9, 1978, Pub. L. 95-619, title III, Sec. 303(b),

(c), 92 Stat. 3248; Oct. 4, 1979, Pub. L. 96-79, title I, Secs.

103(d), 116, 117(b)(5), 93 Stat. 595, 610, 620; Dec. 17, 1980, Pub.

L. 96-538, title III, Sec. 310, 94 Stat. 3192, provided for

procedures and criteria for review of proposed health system

changes, prior to repeal by Pub. L. 99-660, title VII, Sec. 701(a),

Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987.

AMENDMENTS

1998 - Par. (3). Pub. L. 105-392 struck out "nonprofit" before

"private entities".

1993 - Par. (3). Pub. L. 103-183, Sec. 101(g)(2)(A), substituted

"public and nonprofit private entities; and" for "public or

nonprivate entities (and additionally, in the case of services and

activities under section 300k(a)(1) of this title, with any similar

services or activities of private entities); and".

Pub. L. 103-43 inserted before semicolon "(and additionally, in

the case of services and activities under section 300k(a)(1) of

this title, with any similar services or activities of private

entities)".

Par. (4). Pub. L. 103-183, Sec. 101(g)(2)(B), inserted "will"

after "grant funds".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300n-2 of this title.

-End-

-CITE-

42 USC Sec. 300n-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300n-2. Requirement of submission of application

-STATUTE-

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

title unless an application for the grant is submitted to the

Secretary, the application contains the description of intended

uses required in section 300n-1 of this title, and the application

is in such form, is made in such manner, and contains such

agreements, assurances, and information as the Secretary determines

to be necessary to carry out this subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1506, as added Pub. L.

101-354, Sec. 2, Aug. 10, 1990, 104 Stat. 414.)

-MISC1-

PRIOR PROVISIONS

A prior section 300n-2, act July 1, 1944, ch. 373, title XV, Sec.

1533, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2253,

provided for technical assistance to health systems agencies and

State agencies, prior to repeal by Pub. L. 99-660, title VII, Sec.

701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987.

-End-

-CITE-

42 USC Sec. 300n-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300n-3. Technical assistance and provision of supplies and

services in lieu of grant funds

-STATUTE-

(a) Technical assistance

The Secretary may provide training and technical assistance with

respect to the planning, development, and operation of any program

or service carried out pursuant to section 300k of this title. The

Secretary may provide such technical assistance directly or through

grants to, or contracts with, public and private entities.

(b) Provision of supplies and services in lieu of grant funds

(1) In general

Upon the request of a State receiving a grant under section

300k of this title, the Secretary may, subject to paragraph (2),

provide supplies, equipment, and services for the purpose of

aiding the State in carrying out such section and, for such

purpose, may detail to the State any officer or employee of the

Department of Health and Human Services.

(2) Corresponding reduction in payments

With respect to a request described in paragraph (1), the

Secretary shall reduce the amount of payments under the grant

under section 300k of this title to the State involved by an

amount equal to the costs of detailing personnel (including pay,

allowances, and travel expenses) and the fair market value of any

supplies, equipment, or services provided by the Secretary. The

Secretary shall, for the payment of expenses incurred in

complying with such request, expend the amounts withheld.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1507, as added Pub. L.

101-354, Sec. 2, Aug. 10, 1990, 104 Stat. 414.)

-MISC1-

PRIOR PROVISIONS

A prior section 300n-3, act July 1, 1944, ch. 373, title XV, Sec.

1534, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2255;

amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 102(d), 91 Stat.

383; Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 125, 127(d), 93

Stat. 628, 629; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec.

933(a)(3), 95 Stat. 570, provided for developing new centers for

health planning, prior to repeal by Pub. L. 99-660, title VII, Sec.

701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300n-5 of this title.

-End-

-CITE-

42 USC Sec. 300n-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300n-4. Evaluations and reports

-STATUTE-

(a) Evaluations

The Secretary shall, directly or through contracts with public or

private entities, provide for annual evaluations of programs

carried out pursuant to section 300k of this title. Such

evaluations shall include evaluations of the extent to which States

carrying out such programs are in compliance with section

300k(a)(2) of this title and with section 300n(c) of this title.

(b) Report to Congress

The Secretary shall, not later than 1 year after the date on

which amounts are first appropriated pursuant to section 300n-5(a)

(!1) of this title, and annually thereafter, submit to the

Committee on Energy and Commerce of the House of Representatives,

and to the Committee on Labor and Human Resources of the Senate, a

report summarizing evaluations carried out pursuant to subsection

(a) of this section during the preceding fiscal year and making

such recommendations for administrative and legislative initiatives

with respect to this subchapter as the Secretary determines to be

appropriate, including recommendations regarding compliance by the

States with section 300k(a)(2) of this title and with section

300n(c) of this title.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1508, as added Pub. L.

101-354, Sec. 2, Aug. 10, 1990, 104 Stat. 415; amended Pub. L.

103-183, title I, Sec. 101(e), Dec. 14, 1993, 107 Stat. 2228.)

-REFTEXT-

REFERENCES IN TEXT

Section 300n-5(a) of this title, referred to in subsec. (b), was

in the original a reference to section 1509(a), meaning section

1509(a) of act July 1, 1944. Section 1509 was renumbered section

1510 by Pub. L. 103-183, title I, Sec. 102(a)(1), Dec. 14, 1993,

107 Stat. 2229.

-MISC1-

PRIOR PROVISIONS

A prior section 300n-4, act July 1, 1944, ch. 373, title XV, Sec.

1535, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2256,

provided for review by Secretary of operations of designated health

systems agencies and State agencies, prior to repeal by Pub. L.

99-660, title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799,

effective Jan. 1, 1987.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-183, Sec. 101(e)(1), inserted at

end "Such evaluations shall include evaluations of the extent to

which States carrying out such programs are in compliance with

section 300k(a)(2) of this title and with section 300n(c) of this

title."

Subsec. (b). Pub. L. 103-183, Sec. 101(e)(2), inserted before

period at end ", including recommendations regarding compliance by

the States with section 300k(a)(2) of this title and with section

300n(c) of this title".

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300n-4a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300n-4a. Supplemental grants for additional preventive health

services

-STATUTE-

(a) Demonstration projects

In the case of States receiving grants under section 300k of this

title, the Secretary, acting through the Director of the Centers

for Disease Control and Prevention, may make grants to not more

than 3 such States to carry out demonstration projects for the

purpose of -

(1) providing preventive health services in addition to the

services authorized in such section, including screenings

regarding blood pressure and cholesterol, and including health

education;

(2) providing appropriate referrals for medical treatment of

women receiving services pursuant to paragraph (1) and ensuring,

to the extent practicable, the provision of appropriate follow-up

services; and

(3) evaluating activities conducted under paragraphs (1) and

(2) through appropriate surveillance or program-monitoring

activities.

(b) Status as participant in program regarding breast and cervical

cancer

The Secretary may not make a grant under subsection (a) of this

section unless the State involved agrees that services under the

grant will be provided only through entities that are screening

women for breast or cervical cancer pursuant to a grant under

section 300k of this title.

This subchapter applies to a grant under subsection (a) of this

section to the same extent and in the same manner as such

subchapter applies to a grant under section 300k of this title.

(d) Funding

(1) In general

Subject to paragraph (2), for the purpose of carrying out this

section, there are authorized to be appropriated $3,000,000 for

fiscal year 1994, and such sums as may be necessary for each of

the fiscal years 1995 through 2003.

(2) Limitation regarding funding with respect to breast and

cervical cancer

The authorization of appropriations established in paragraph

(1) is not effective for a fiscal year unless the amount

appropriated under section 300n-5(a) of this title for the fiscal

year is equal to or greater than $100,000,000.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1509, as added Pub. L.

103-183, title I, Sec. 102(a)(2), Dec. 14, 1993, 107 Stat. 2229;

amended Pub. L. 105-340, title II, Sec. 203(c)(1), Oct. 31, 1998,

112 Stat. 3194.)

-MISC1-

PRIOR PROVISIONS

A prior section 1509 of act July 1, 1944, was renumbered section

1510 and is classified to section 300n-5 of this title.

AMENDMENTS

1998 - Subsec. (d)(1). Pub. L. 105-340 substituted "2003" for

"1998".

-End-

-CITE-

42 USC Sec. 300n-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

-HEAD-

Sec. 300n-5. Funding for general program

-STATUTE-

(a) Authorization of appropriations

For the purpose of carrying out this subchapter, there are

authorized to be appropriated $50,000,000 for fiscal year 1991,

such sums as may be necessary for each of the fiscal years 1992 and

1993, $150,000,000 for fiscal year 1994, and such sums as may be

necessary for each of the fiscal years 1995 through 2003.

(b) Set-aside for technical assistance and provision of supplies

and services

Of the amounts appropriated under subsection (a) of this section

for a fiscal year, the Secretary shall reserve not more than 20

percent for carrying out section 300n-3 of this title.

-SOURCE-

(July 1, 1944, ch. 373, title XV, Sec. 1510, formerly Sec. 1509, as

added Pub. L. 101-354, Sec. 2, Aug. 10, 1990, 104 Stat. 415;

renumbered Sec. 1510 and amended Pub. L. 103-183, title I, Secs.

102(a)(1), (b), 103, Dec. 14, 1993, 107 Stat. 2229, 2230; Pub. L.

105-340, title II, Sec. 203(c)(2), Oct. 31, 1998, 112 Stat. 3194.)

-MISC1-

PRIOR PROVISIONS

Prior sections 300n-5 and 300n-6 were repealed by Pub. L. 99-660,

title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799, effective

Jan. 1, 1987.

Section 300n-5, act July 1, 1944, ch. 373, title XV, Sec. 1536,

as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2257;

amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(p), (q), 91

Stat. 385; Oct. 4, 1979, Pub. L. 96-79, title I, Sec. 104(c)(1), 93

Stat. 596; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 935(a), 95

Stat. 571; Jan. 4, 1983, Pub. L. 97-414, Sec. 8(p), 96 Stat. 2062,

made special provisions for certain States and territories.

Section 300n-6, act July 1, 1944, ch. 373, title XV, Sec. 1537,

as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 933(b), 95

Stat. 570, authorized appropriations for grants and contracts under

former sections 300l-5(a), 300m-4(a), and 300n-3(a) of this title.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-340 substituted "2003" for

"1998".

1993 - Pub. L. 103-183, Sec. 102(b), inserted "for general

program" after "Funding" in section catchline.

Subsec. (a). Pub. L. 103-183, Sec. 103, struck out "and" after

"1991," and inserted before period at end ", $150,000,000 for

fiscal year 1994, and such sums as may be necessary for each of the

fiscal years 1995 through 1998".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300n-4, 300n-4a of this

title.

-End-

-CITE-

42 USC SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

-HEAD-

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1395x of this title.

-End-

-CITE-

42 USC Secs. 300o to 300o-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

-HEAD-

Secs. 300o to 300o-3. Repealed. Pub. L. 96-79, title II, Sec.

202(a), Oct. 4, 1979, 93 Stat. 632

-MISC1-

Sections 300o to 300o-3, act July 1, 1944, ch. 373, title XVI,

Secs. 1601-1604, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88

Stat. 2258-2260; amended Aug. 1, 1977, Pub. L. 95-83, title I, Sec.

106(r)-(v), 91 Stat. 385, were repealed by Pub. L. 96-79, title II,

Sec. 202(a), Oct. 4, 1979, 93 Stat. 632.

Section 300o related to statement of purpose.

Section 300o-1 provided for promulgation of regulations and

required provisions.

Section 300o-2 related to State medical facilities plans,

submission and approval of plans as prerequisite for approval of

project assistance applications, required provisions, and procedure

upon disapproval of plans.

Section 300o-3 provided for medical facility project

applications, covering in submission of applications, required

provisions, waivers, and projects subject to requirements, criteria

for approval, procedure for disapproval, amendment of approved

applications, and review by health systems agencies.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1979, see section 204 of Pub. L. 96-79,

set out as an Effective Date of 1979 Amendment note under section

300q of this title.

-End-

-CITE-

42 USC Secs. 300p to 300p-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

-HEAD-

Secs. 300p to 300p-3. Repealed. Pub. L. 96-79, title II, Sec.

201(a), Oct. 4, 1979, 93 Stat. 630

-MISC1-

Sections 300p to 300p-3, act July 1, 1944, ch. 373, title XVI,

Secs. 1610-1613, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88

Stat. 2262-2264; amended Apr. 22, 1976, Pub. L. 94-278, title XI,

Sec. 1106(b), 90 Stat. 416; Aug. 1, 1977, Pub. L. 95-83, title I,

Secs. 103(a), 106(w), 91 Stat. 383, 385, were repealed by Pub. L.

96-79, title II, Sec. 201(a), Oct. 4, 1979, 93 Stat. 632.

Section 300p related to allotments to States for health resources

development.

Section 300p-1 related to payments to States for approved medical

facility projects.

Section 300p-2 related to compliance provisions and withholding

of payments for noncompliance.

Section 300p-3 authorized appropriations for allotments to

States.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1979, see section 204 of Pub. L. 96-79,

set out as an Effective Date of 1979 Amendment note under section

300q of this title.

-End-

-CITE-

42 USC Part A - Loans and Loan Guarantees 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part A - Loans and Loan Guarantees

-HEAD-

PART A - LOANS AND LOAN GUARANTEES

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 1979, 93

Stat. 632, repealed part A relating to purpose, State plan, and

project approval, and comprising former sections 300o to 300o-3 of

this title, and redesignated former part C as part A relating to

loans and loan guarantees.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 300s, 300s-1 of this title.

-End-

-CITE-

42 USC Sec. 300q 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part A - Loans and Loan Guarantees

-HEAD-

Sec. 300q. Loan and loan guarantee authority

-STATUTE-

(a) Covered projects: duration; payment of principal and interest

on loans for covered projects: duration; payments for reduction

of interest rate

(1) The Secretary, during the period ending September 30, 1982,

may, in accordance with this part, make loans from the fund

established under section 300q-2(d) of this title to any public or

nonprofit private entity for projects for -

(A) the discontinuance of unneeded hospital services or

facilities,

(B) the conversion of unneeded hospital services and facilities

to needed health services and medical facilities, including

outpatient medical facilities and facilities for long-term care;

particularly projects for the prevention or elimination of safety

hazards, projects to avoid noncompliance with licensure or

accreditation standards, or projects to replace obsolete

facilities;

(D) the construction of new outpatient medical facilities; and

(E) the construction of new inpatient medical facilities in

areas which have experienced (as determined by the Secretary)

recent rapid population growth.

(2)(A) The Secretary, during the period ending September 30,

1982, may, in accordance with this part, guarantee to -

(i) non-Federal lenders for their loans to public and nonprofit

private entities for medical facilities projects described in

paragraph (1), and

(ii) the Federal Financing Bank for its loans to public and

nonprofit private entities for such projects,

payment of principal and interest on such loans.

(B) In the case of a guarantee of any loan to a public or

nonprofit private entity under subparagraph (A)(i) which is located

in an urban or rural poverty area, the Secretary may pay, to the

holder of such loan and for and on behalf of the project for which

the loan was made, amounts sufficient to reduce by not more than

one half the net effective interest rate otherwise payable on such

loan if the Secretary finds that without such assistance the

project could not be undertaken.

(b) Amount of loans for medical facilities projects and such

projects in urban or rural poverty areas

The principal amount of a loan directly made or guaranteed under

subsection (a) of this section for a medical facilities project,

when added to any other assistance provided such project under part

B, may not exceed 90 per centum of the cost of such project unless

the project is located in an area determined by the Secretary to be

an urban or rural poverty area, in which case the principal amount,

when added to other assistance under part B, may cover up to 100

per centum of such costs.

loans

The cumulative total of the principal of the loans outstanding at

any time with respect to which guarantees have been issued, or

which have been directly made, may not exceed such limitations as

may be specified in appropriation Acts.

(d) Administrative assistance of Department of Housing and Urban

Development

The Secretary, with the consent of the Secretary of Housing and

Urban Development, shall obtain from the Department of Housing and

Urban Development such assistance with respect to the

administration of this part as will promote efficiency and economy

thereof.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1601, formerly Sec. 1620,

as added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2264;

amended Pub. L. 94-273, Sec. 2(21), Apr. 21, 1976, 90 Stat. 376;

Pub. L. 95-83, title I, Sec. 106(x)(1), Aug. 1, 1977, 91 Stat. 385;

renumbered Sec. 1601 and amended Pub. L. 96-79, title II, Secs.

201(b)(1), 203(a)(1), (2), Oct. 4, 1979, 93 Stat. 630, 635.)

-MISC1-

PRIOR PROVISIONS

A prior section 1601 of act July 1, 1944, ch. 373, title XVI, as

added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2258, was

classified to section 300o of this title, prior to repeal by Pub.

L. 96-79, Sec. 202(a).

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-79, Secs. 201(b)(1), 203(a)(2),

added par. (1); substituted reference to section 1602(d) for

1622(d), set out in text as "section 300q-2(d) of this title";

incorporated in par. (2) former subsec. (b) provisions made

applicable for period ending Sept. 30, 1982, previously covering

period beginning July 1, 1974, and ending Sept. 30, 1978, extended

provisions to public entities, struck out existing condition that

applications for assistance under subchapter be approved under

former section 300o-3 of this title, substituted in subpar. (2)(B)

provision for payment of amounts sufficient to reduce by not more

than one half net effective interest otherwise payable on the loan

for prior provision for amounts sufficient to reduce by 3 per

centum per annum net effective interest rate on the loan, and

struck out provision granting contractual right of holder of a

guaranteed loan to receive from the United States such interest

payments.

Subsec. (b). Pub. L. 96-79, Sec. 201(b)(1), added subsec. (b) and

incorporated existing provisions of subsec. (b) relating to loan

guarantee authority for payment of principal and interest on loans

for approved projects, their duration, and payments for reduction

of interest rate in subsec. (a)(2) of this section.

1977 - Subsecs. (a), (b)(1). Pub. L. 95-83 substituted "September

30, 1978" for "September 30, 1977".

1976 - Subsecs. (a), (b)(1). Pub. L. 94-273 substituted

"September" for "June".

EFFECTIVE DATE OF 1979 AMENDMENT

Section 204 of Pub. L. 96-79 provided that: "The amendments made

by this title [enacting sections 300s, 300s-1, and 300s-6, amending

this section and sections 201, 300q-2, 300r, 300s-1a, 300s-3, and

300s-5, and repealing sections 300o to 300o-3, 300p to 300p-3,

300q-1, and 300s of this title] shall take effect October 1, 1979,

except that the amendments made by section 201(b) [amending this

section and section 300q-2 of this title] respecting the payment of

an interest subsidy for a loan or loan guarantee made under part A

of title XVI of the Public Health Service Act [this part] shall

apply only with respect to loans and loan guarantees made after

October 1, 1979, and with respect to loans and loan guarantees made

under such part before such date the Secretary shall continue to

pay the interest subsidy authorized for such loans and loan

guarantees before such date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300q-2 of this title.

-End-

-CITE-

42 USC Sec. 300q-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part A - Loans and Loan Guarantees

-HEAD-

Sec. 300q-1. Repealed. Pub. L. 96-79, title II, Sec. 203(a)(1),

Oct. 4, 1979, 93 Stat. 635

-MISC1-

Section, act July 1, 1944, ch. 373, title XVI, Sec. 1621, as

added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2265, related

to allocation among States of total amount of principal, criteria,

availability of unobligated amounts, and reallotments.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1979, see section 204 of Pub. L. 96-79,

set out as an Effective Date of 1979 Amendment note under section

300q of this title.

-End-

-CITE-

42 USC Sec. 300q-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part A - Loans and Loan Guarantees

-HEAD-

Sec. 300q-2. General provisions

-STATUTE-

(a) Loan guarantees; criteria for approval; recovery of payments by

United States; modification, etc., of terms and conditions;

incontestability

(1) The Secretary may not approve a loan guarantee for a project

under this part unless he determines that (A) the terms,

conditions, security (if any), and schedule and amount of

repayments with respect to the loan are sufficient to protect the

financial interests of the United States and are otherwise

reasonable, including a determination that the rate of interest

does not exceed such per centum per annum on the principal

obligation outstanding as the Secretary determines to be

reasonable, taking into account the range of interest rates

prevailing in the private market for similar loans and the risks

assumed by the United States, and (B) the loan would not be

available on reasonable terms and conditions without the guarantee

under this part.

(2)(A) The United States shall be entitled to recover from the

applicant for a loan guarantee under this part the amount of any

payment made pursuant to such guarantee, unless the Secretary for

good cause waives such right of recovery; and, upon making any such

payment, the United States shall be subrogated to all of the rights

of the recipient of the payments with respect to which the

guarantee was made.

(B) To the extent permitted by subparagraph (C), any terms and

conditions applicable to a loan guarantee under this part

(including terms and conditions imposed under subparagraph (D)) may

be modified by the Secretary to the extent he determines it to be

consistent with the financial interest of the United States.

shall be incontestable (i) in the hands of an applicant on whose

behalf such guarantee is made unless the applicant engaged in fraud

or misrepresentation in securing such guarantee, and (ii) as to any

person (or his successor in interest) who makes or contracts to

make a loan to such applicant in reliance thereon unless such

person (or his successor in interest) engaged in fraud or

misrepresentation in making or contracting to make such loan.

(D) Guarantees of loans under this part shall be subject to such

further terms and conditions as the Secretary determines to be

necessary to assure that the purposes of this subchapter will be

achieved.

(b) Loans; criteria for approval; terms and conditions; waiver of

recovery of payments by United States

(1) The Secretary may not approve a loan under this part unless -

(A) the Secretary is reasonably satisfied that the applicant

under the project for which the loan would be made will be able

to make payments of principal and interest thereon when due, and

(B) the applicant provides the Secretary with reasonable

assurances that there will be available to it such additional

funds as may be necessary to complete the project or undertaking

with respect to which such loan is requested.

(2) Any loan made under this part shall (A) have such security,

(B) have such maturity date, (C) be repayable in such installments,

(D) bear interest at a rate comparable to the current rate of

interest prevailing, on the date the loan is made, with respect to

loans guaranteed under this part, minus any interest subsidy made

in accordance with section 300q(a)(2)(B) of this title with respect

to a loan made for a project located in an urban or rural poverty

area, and (E) be subject to such other terms and conditions

(including provisions for recovery in case of default), as the

Secretary determines to be necessary to carry out the purposes of

this subchapter while adequately protecting the financial interests

of the United States.

(3) The Secretary may, for good cause but with due regard to the

financial interests of the United States, waive any right of

recovery which he has by reasons of the failure of a borrower to

make payments of principal of and interest on a loan made under

this part, except that if such loan is sold and guaranteed, any

such waiver shall have no effect upon the Secretary's guarantee of

timely payment of principal and interest.

deposit of proceeds

(1) The Secretary shall from time to time, but with due regard to

the financial interests of the United States, sell loans made under

this part either on the private market or to the Federal National

Mortgage Association in accordance with section 1717 of title 12 or

to the Federal Financing Bank.

(2) Any loan so sold shall be sold for an amount which is equal

(or approximately equal) to the amount of the unpaid principal of

such loans as of time of sale.

(3)(A) The Secretary is authorized to enter into an agreement

with the purchaser of any loan sold under this part under which the

Secretary agrees -

(i) to guarantee to such purchaser (and any successor in

interest to such purchaser) payments of the principal and

interest payable under such loan, and

(ii) to pay as an interest subsidy to such purchaser (and any

successor in interest of such purchaser) amounts which, when

added to the amount of interest payable on such loan, are

equivalent to a reasonable rate of interest on such loan as

determined by the Secretary after taking into account the range

of prevailing interest rates in the private market on similar

loans and the risks assumed by the United States.

(B) Any agreement under subparagraph (A) -

(i) may provide that the Secretary shall act as agent of any

such purchaser, for the purpose of collecting from the entity to

which such loan was made and paying over to such purchaser any

payments of principal and interest payable by such entity under

such loan;

(ii) may provide for the repurchase by the Secretary of any

such loan on such terms and conditions as may be specified in the

agreement;

(iii) shall provide that, in the event of any default by the

entity to which such loan was made in payment of principal or

interest due on such loan, the Secretary shall, upon notification

to the purchaser (or to the successor in interest of such

purchaser), have the option to close out such loan (and any

obligations of the Secretary with respect thereto) by paying to

the purchaser (or his successor in interest) the total amount of

outstanding principal and interest due thereon at the time of

such notification; and

(iv) shall provide that, in the event such loan is closed out

as provided in clause (iii), or in the event of any other loss

incurred by the Secretary by reason of the failure of such entity

to make payments of principal or interest on such loan, the

Secretary shall be subrogated to all rights of such purchaser for

recovery of such loss from such entity.

(4) Amounts received by the Secretary as proceeds from the sale

of loans under this subsection shall be deposited in the fund

established under subsection (d) of this section.

(5) If any loan to a public entity under this part is sold and

guaranteed by the Secretary under this subsection, interest paid on

such loan after its sale and any interest subsidy paid, under

paragraph (3)(A)(ii), by the Secretary with respect to such loan

which is received by the purchaser of the loan (or the purchaser's

successor in interest) shall be included in the gross income of the

purchaser or successor for the purpose of chapter 1 of title 26.

(d) Loan and loan guarantee fund; establishment; amounts authorized

to be appropriated; issuance, purchase, and sale of notes,

obligations, etc.; interest rates; public debt transactions

(1) There is established in the Treasury a loan and loan

guarantee fund (hereinafter in this subsection referred to as the

"fund") which shall be available to the Secretary without fiscal

year limitation, in such amounts as may be specified from time to

time in appropriations Acts -

(A) to enable him to make loans under this part,

(B) to enable him to discharge his responsibilities under loan

guarantees issued by him under this part,

title on loans guaranteed under this part,

(D) for repurchase of loans under subsection (c)(3)(B) of this

section,

(E) for payment of interest on loans which are sold and

guaranteed, and

(F) to enable the Secretary to take the action authorized by

subsection (f) of this section.

There are authorized to be appropriated from time to time such

amounts as may be necessary to provide the sums required for the

fund. There shall also be deposited in the fund amounts received by

the Secretary in connection with loans and loan guarantees under

this part and other property or assets derived by him from his

operations respecting such loans and loan guarantees, including any

money derived from the sale of assets.

(2) If at any time the sums in the funds are insufficient to

enable the Secretary -

(A) to make payments of interest under section 300q(a)(2)(B) of

this title,

(B) to otherwise comply with guarantees under this part of

loans to nonprofit private entities,

under this part, to make to the purchaser of such loan payments

of principal and interest on such loan after default by the

entity to which the loan was made, or

(D) to repurchase loans under subsection (c)(3)(B) of this

section,

(E) to make payments of interest on loans which are sold and

guaranteed, and

(F) to enable the Secretary to take the action authorized by

subsection (f) of this section,

he is authorized to issue to the Secretary of the Treasury notes or

other obligations in such forms and denominations, bearing such

maturities, and subject to such terms and conditions, as may be

prescribed by the Secretary with the approval of the Secretary of

the Treasury. Such notes or other obligations shall bear interest

at a rate determined by the Secretary of the Treasury, taking into

consideration the current average market yield on outstanding

marketable obligations of the United States of comparable

maturities during the month preceding the issuance of the notes or

other obligations. The Secretary of the Treasury shall purchase any

notes and other obligations issued under this paragraph and for

that purpose he may use as a public debt transaction the proceeds

from the sale of any securities issued under chapter 31 of title

31, and the purposes for which the securities may be issued under

that chapter are extended to include any purchase of such notes and

obligations. The Secretary of the Treasury may at any time sell any

of the notes or other obligations acquired by him under this

paragraph. All redemptions, purchases, and sales by the Secretary

of the Treasury of such notes or other obligations shall be treated

as public debt transactions of the United States. Sums borrowed

under this paragraph shall be deposited in the fund and redemption

of such notes and obligations shall be made by the Secretary from

the fund.

(e) Transfers to and additional capitalization of loan and loan

guarantee fund

(1) The assets, commitments, obligations, and outstanding

balances of the loan guarantee and loan fund established in the

Treasury by section 291j-6 of this title shall be transferred to

the fund established by subsection (d) of this section.

(2) To provide additional capitalization for the fund established

under subsection (d) of this section there are authorized to be

appropriated to the fund, such sums as may be necessary for the

fiscal years ending June 30, 1975, June 30, 1976, September 30,

1977, September 30, 1978, September 30, 1979, September 30, 1980,

September 30, 1981, and September 30, 1982.

(f) Default prevention measures; terms and conditions;

implementation of reforms; foreclosures; protection of Federal

interest on default

(1) The Secretary may take such action as may be necessary to

prevent a default on a loan made or guaranteed under this part or

under subchapter IV of this chapter, including the waiver of

regulatory conditions, deferral of loan payments, renegotiation of

loans, and the expenditure of funds for technical and consultative

assistance, for the temporary payment of the interest and principal

on such a loan, and for other purposes. Any such expenditure made

under the preceding sentence on behalf of a medical facility shall

be made under such terms and conditions as the Secretary shall

prescribe, including the implementation of such organizational,

operational, and financial reforms as the Secretary determines are

appropriate and the disclosure of such financial or other

information as the Secretary may require to determine the extent of

the implementation of such reforms.

(2) The Secretary may take such action, consistent with State law

respecting foreclosure procedures, as he deems appropriate to

protect the interest of the United States in the event of a default

on a loan made or guaranteed under this part or under subchapter IV

of this chapter, including selling real property pledged as

security for such a loan or loan guarantee and for a reasonable

period of time taking possession of, holding, and using real

property pledged as security for such a loan or loan guarantee.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1602, formerly Sec. 1622,

as added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2265;

amended Pub. L. 95-83, title I, Sec. 106(x)(2), (y), Aug. 1, 1977,

91 Stat. 385; renumbered Sec. 1602 and amended Pub. L. 96-79, title

II, Secs. 201(b)(2), (3), 203(a)(1), (3), (g), Oct. 4, 1979, 93

Stat. 631, 635; Pub. L. 97-414, Sec. 8(q), Jan. 4, 1983, 96 Stat.

2062; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter IV of this chapter, referred to in subsec. (f), is

classified to section 291 et seq. of this title.

-COD-

CODIFICATION

In subsec. (d), "chapter 31 of title 31" and "that chapter"

substituted for "the Second Liberty Bond Act" and "that Act",

respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance.

-MISC1-

PRIOR PROVISIONS

A prior section 1602 of act July 1, 1944, ch. 373, title XVI, as

added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2258; amended

Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(r), (s), 91 Stat.

385, was classified to section 300o-1 of this title, prior to

repeal by Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 1979, 93

Stat. 632.

AMENDMENTS

1986 - Subsec. (c)(5). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

1983 - Subsec. (f)(2). Pub. L. 97-414 inserted "selling real

property pledged as security for such a loan or loan guarantee and"

after "including".

1979 - Subsec. (b)(2)(D). Pub. L. 96-79, Sec. 201(b)(2),

substituted "minus any interest subsidy made in accordance with

section 300q(a)(2)(B) of this title (with respect to a loan made

for a project located in an urban or rural poverty area" for "minus

3 per centum per annum".

Subsec. (d)(1). Pub. L. 96-79, Sec. 203(a)(3), (g)(2),

substituted in subpar. (C) reference to section "300q(a)(2)(B)" for

"300q(b)(2)" of this title, and added subpar. (F).

Subsec. (d)(2). Pub. L. 96-79, Sec. 203(a)(3), (g)(3),

substituted in subpar. (A) reference to section "300q(a)(2)(B)" for

"300q(b)(2)" of this title, and added subpar. (F).

Subsec. (e)(2). Pub. L. 96-79, Sec. 201(b)(3), authorized

appropriations for fiscal years ending Sept. 30, 1979 through 1982.

Subsec. (f). Pub. L. 96-79, Sec. 203(g)(1), added subsec. (f).

1977 - Subsec. (c)(5). Pub. L. 95-83, Sec. 106(y), added subsec.

(c)(5).

Subsec. (e)(2). Pub. L. 95-83, Sec. 106(x)(2), substituted

provisions authorizing appropriations for fiscal years ending Sept.

30, 1977 and 1978, for prior such authorization for fiscal year

ending June 30, 1977.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-79 effective Oct. 1, 1979, except that

amendment of subsec. (b)(2)(D) respecting interest subsidy payments

for loans or loan guarantees applicable only with respect to loans

and loan guarantees made after Oct. 1, 1979, and that subsidies for

such commitments made before Oct. 1, 1979, payable as authorized

before Oct. 1, 1979, see section 204 of Pub. L. 96-79, set out as a

note under section 300q of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300q of this title.

-End-

-CITE-

42 USC Part B - Project Grants 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part B - Project Grants

-HEAD-

PART B - PROJECT GRANTS

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-79, title II, Secs. 201(a), 202(a), Oct. 4,

1979, 93 Stat. 630, 632, repealed part B relating to allotments,

and comprising former sections 300p to 300p-3 of this title, and

redesignated former part D as part B relating to project grants.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 300q, 300s, 300s-1, 300s-3

of this title.

-End-

-CITE-

42 USC Sec. 300r 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part B - Project Grants

-HEAD-

Sec. 300r. Grants for construction or modernization projects

-STATUTE-

(a) Authority; objectives; eligible grantees; maximum amounts;

authorization of appropriations; availability of unobligated

funds

(1)(A) The Secretary may make grants for construction or

modernization projects designed to -

(i) eliminate or prevent in medical facilities imminent safety

hazards as defined by Federal, State, or local fire, building, or

life safety codes or regulations, or

(ii) avoid noncompliance by medical facilities with State or

voluntary licensure or accreditation standards.

(B) A grant under subparagraph (A) may only be made to -

(i) a State or political subdivision of a State, including any

city, town, county, borough, hospital district authority, or

public or quasi-public corporation, for any medical facility

owned or operated by the State or political subdivision; and

(ii) a nonprofit private entity for any medical facility owned

or operated by the entity but only if the Secretary determines -

(I) the level of community service provided by the facility

and the proportion of its patients who are unable to pay for

services rendered in the facility is similar to such level and

proportion in a medical facility of a State or political

subdivision, and

(II) that without a grant under subparagraph (A) there would

be a disruption of the provision of health care to low-income

individuals.

(2) The amount of any grant under paragraph (1) may not exceed 75

per centum of the cost of the project for which the grant is made

unless the project is located in an area determined by the

Secretary to be an urban or rural poverty area, in which case the

grant may cover up to 100 per centum of such costs.

(3) There are authorized to be appropriated for grants under

paragraph (1) $40,000,000 for the fiscal year ending September 30,

1980, $50,000,000 for the fiscal year ending September 30, 1981,

and $50,000,000 for the fiscal year ending September 30, 1982.

Funds available for obligation under this subsection (as in effect

before October 4, 1979) in the fiscal year ending September 30,

1979, shall remain available for obligation under this subsection

in the succeeding fiscal year.

(b) Projects for medically underserved populations; eligible

grantees; maximum amounts; authorization of appropriations

(1) The Secretary may make grants to public and nonprofit private

entities for projects for (A) construction or modernization of

outpatient medical facilities which are located apart from

hospitals and which will provide services for medically underserved

populations, and (B) conversion of existing facilities into

outpatient medical facilities or facilities for long-term care to

provide services for such populations.

(2) The amount of any grant under paragraph (1) may not exceed 80

per centum of the cost of the project for which the grant is made

unless the project is located in an area determined by the

Secretary to be an urban or rural poverty area, in which case the

grant may cover up to 100 per centum of such costs.

(3) There are authorized to be appropriated for grants under

paragraph (1) $15,000,000 for the fiscal year ending September 30,

1981, and $15,000,000 for the fiscal year ending September 30,

1982.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1610, formerly Sec. 1625,

as added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2268;

amended Pub. L. 95-83, title I, Sec. 103(b), Aug. 1, 1977, 91 Stat.

383; renumbered Sec. 1610 and amended Pub. L. 96-79, title II,

Secs. 201(c), 203(b), Oct. 4, 1979, 93 Stat. 631, 635.)

-MISC1-

PRIOR PROVISIONS

A prior section 1610 of act July 1, 1944, ch. 373, title XVI, as

added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2262; amended

Aug. 1, 1977, Pub. L. 95-83, title I, Sec. 106(w), 91 Stat. 385,

was classified to section 300p of this title, prior to repeal by

Pub. L. 96-79, title II, Sec. 201(a), Oct. 4, 1979, 93 Stat. 630.

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-79, Sec. 201(c), incorporated

existing provisions in par. (1); inserted in subpar. (A) in cls.

(i) and (ii) the phrases "in medical facilities" and "by medical

facilities"; substituted in subpar. (B)(i) "for any medical

facility owned or operated by the State or political subdivision"

for "for a project described in the preceding sentence for any

medical facility owned or operated by it"; added cl. (a)(1)(B)(ii);

redesignated former subsec. (c) as par. (2); and added par. (3).

Subsec. (b). Pub. L. 96-79, Sec. 201(c), inserted provisions

respecting projects for medically underserved populations and

struck out provisions respecting criteria for approval of

applications under former section 300o-3 of this title.

Subsec. (c). Pub. L. 96-79, Sec. 201(c), redesignated subsec. (c)

as par. (2) of subsec. (a).

Subsec. (d). Pub. L. 96-79, Sec. 201(c), struck out subsec. (d)

which related to provisions making available 22 per centum of sums

appropriated under former section 300p-3 of this title for subsec.

(a) grants, including an additional appropriations authorization of

$67,500,000 for such grants for fiscal year ending Sept. 30, 1978.

1977 - Subsec. (d). Pub. L. 95-83 authorized additional grant

appropriations of $67,500,000 for fiscal year ending Sept. 30,

1978.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-79 effective Oct. 1, 1979, see section

204 of Pub. L. 96-79, set out as a note under section 300q of this

title.

-End-

-CITE-

42 USC Part C - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

PART C - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 1979, 93

Stat. 632, redesignated former part E as part C relating to general

provisions and former part C as part A.

-End-

-CITE-

42 USC Sec. 300s 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

Sec. 300s. General regulations

-STATUTE-

The Secretary shall by regulation -

(1) prescribe the manner in which he shall determine the

priority among projects for which assistance is available under

part A or B, based on the relative need of different areas for

such projects and giving special consideration -

(A) to projects for medical facilities serving areas with

relatively small financial resources and for medical facilities

serving rural communities,

(B) in the case of projects for modernization of medical

facilities, to projects for facilities serving densely

populated areas,

medical facilities, to projects that will be located in, and

provide services for residents of, areas determined by the

Secretary to be rural or urban poverty areas,

(D) to projects designed to (i) eliminate or prevent imminent

safety hazards as defined by Federal, State, or local fire,

building, or life safety codes or regulations, or (ii) avoid

noncompliance with State or voluntary licensure or

accreditation standards, and

(E) to projects for medical facilities which, alone or in

conjunction with other facilities, will provide comprehensive

health care, including outpatient and preventive care as well

as hospitalization;

(2) prescribe for medical facilities projects assisted under

part A or B general standards of construction, modernization, and

equipment, which standards may vary on the basis of the class of

facilities and their location; and

(3) prescribe the general manner in which each entity which

receives financial assistance under part A or B or has received

financial assistance under part A or B or subchapter IV of this

chapter shall be required to comply with the assurances required

to be made at the time such assistance was received and the means

by which such entity shall be required to demonstrate compliance

with such assurances.

An entity subject to the requirements prescribed pursuant to

paragraph (3) respecting compliance with assurances made in

connection with receipt of financial assistance shall submit

periodically to the Secretary data and information which reasonably

supports the entity's compliance with such assurances. The

Secretary may not waive the requirement of the preceding sentence.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1620, as added Pub. L.

96-79, title II, Sec. 202(b), Oct. 4, 1979, 93 Stat. 632.)

-MISC1-

PRIOR PROVISIONS

A prior section 300s, act July 1, 1944, ch. 373, title XVI, Sec.

1630, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2269,

provided for judicial review by the United States Court of Appeals,

prior to repeal by Pub. L. 96-79, Sec. 202(b), eff. Oct. 1, 1979.

A prior section 1620 of act July 1, 1944, was renumbered section

1601 by Pub. L. 96-79, title II, Sec. 203(a)(1), Oct. 4, 1979, 93

Stat. 635, and is classified to section 300q of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 204 of Pub. L. 96-79,

set out as an Effective Date of 1979 Amendment note under section

300q of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300s-1 of this title.

-End-

-CITE-

42 USC Sec. 300s-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

Sec. 300s-1. Medical facility project applications

-STATUTE-

(a) Submissions

No loan, loan guarantee, or grant may be made under part A or B

for a medical facilities project unless an application for such

project has been submitted to and approved by the Secretary. If two

or more entities join in a project, an application for such project

may be filed by any of such entities or by all of them.

(b) Form; required provisions; waiver; projects subject to

requirements

(1) An application for a medical facilities project shall be

submitted in such form and manner as the Secretary shall by

regulation prescribe and shall, except as provided in paragraph

(2), set forth -

(A) in the case of a modernization project for a medical

facility for continuation of existing health services, a finding

by the State Agency of a continued need for such services, and,

in the case of any other project for a medical facility, a

finding by the State Agency of the need for the new health

services to be provided through the medical facility upon

completion of the project;

(B) in the case of an application for a grant, assurances

satisfactory to the Secretary that (i) the applicant making the

application would not be able to complete the project for which

the application is submitted without the grant applied for, and

(ii) in the case of a project to construct a new medical

facility, it would be inappropriate to convert an existing

medical facility to provide the services to be provided through

the new medical facility;

service or facility or the conversion of a service or a facility,

an evaluation of the impact of such discontinuance or conversion

on the provision of health care in the health service area in

which such service was provided or facility located;

(D) a description of the site of such project;

(E) plans and specifications therefor which meet the

requirements of the regulations prescribed under section 300s(2)

of this title;

(F) reasonable assurance that title to such site is or will be

vested in one or more of the entities filing the application or

in a public or other nonprofit entity which is to operate the

facility on completion of the project;

(G) reasonable assurance that adequate financial support will

be available for the completion of the project and for its

maintenance and operation when completed, and, for the purpose of

determining if the requirements of this subparagraph are met,

Federal assistance provided directly to a medical facility which

is located in an area determined by the Secretary to be an urban

or rural poverty area or through benefits provided individuals

served at such facility shall be considered as financial support;

(H) the type of assistance being sought under part A or B for

the project;

(I) reasonable assurance that all laborers and mechanics

employed by contractors or subcontractors in the performance of

work on a project will be paid wages at rates not less than those

prevailing on similar construction in the locality as determined

by the Secretary of Labor in accordance with sections 3141-3144,

3146, and 3147 of title 40, and the Secretary of Labor shall have

with respect to such labor standards the authority and functions

set forth in Reorganization Plan Numbered 14 of 1950 (15 FR 3176;

5 U.S.C. Appendix) and section 3145 of title 40;

(J) in the case of a project for the construction or

modernization of an outpatient facility, reasonable assurance

that the services of a general hospital will be available to

patients at such facility who are in need of hospital care; and

(K) reasonable assurance that at all times after such

application is approved (i) the facility or portion thereof to be

constructed, modernized, or converted will be made available to

all persons residing or employed in the area served by the

facility, and (ii) there will be made available in the facility

or portion thereof to be constructed, modernized, or converted a

reasonable volume of services to persons unable to pay therefor

and the Secretary, in determining the reasonableness of the

volume of services provided, shall take into consideration the

extent to which compliance is feasible from a financial

viewpoint.

(2)(A) The Secretary may waive -

(i) the requirements of subparagraph (D) of paragraph (1) for

compliance with modernization and equipment standards prescribed

pursuant to section 300s(2) of this title, and

(ii) the requirement of subparagraph (E) of paragraph (1)

respecting title to a project site,

in the case of an application for a project described in

subparagraph (B) of this paragraph.

(B) A project referred to in subparagraph (A) is a project -

(i) for the modernization of an outpatient medical facility

which will provide general purpose health services, which is not

part of a hospital, and which will serve a medically underserved

population as defined in section 300s-3 of this title or as

designated by a health systems agency, and

(ii) for which the applicant seeks a loan under part A the

principal amount of which does not exceed $20,000.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1621, as added Pub. L.

96-79, title II, Sec. 202(b), Oct. 4, 1979, 93 Stat. 633.)

-COD-

CODIFICATION

In subsec. (b)(1)(I), "sections 3141-3144, 3146, and 3147 of

title 40" substituted for "the Act of March 3, 1931 (40 U.S.C. 276a

- 276a-5, known as the Davis-Bacon Act)" and "section 3145 of title

40" substituted for "section 2 of the Act of June 13, 1934 (40

U.S.C. 276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

-MISC1-

PRIOR PROVISIONS

A prior section 300s-1 was redesignated 300s-1a and amended as

part of the general revision of this subchapter by Pub. L. 96-79.

A prior section 1621 of act July 1, 1944, as added Jan. 4, 1975,

Pub. L. 93-641, Sec. 4, 88 Stat. 2265, which related to the

allocation among States of the total amount of principal of loans

and loan guarantees, was classified to section 300q-1 of this

title, prior to repeal as part of the general revision of this

subchapter by Pub. L. 96-79.

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 204 of Pub. L. 96-79,

set out as an Effective Date of 1979 Amendment note under section

300q of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300s-1a, 300s-5 of this

title.

-End-

-CITE-

42 USC Sec. 300s-1a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

Sec. 300s-1a. Recovery of expenditures under certain conditions

-STATUTE-

(a) Persons liable

If any facility with respect to which funds have been paid under

this subchapter shall, at any time within 20 years after the

completion of construction or modernization -

(1) be sold or transferred to any entity (A) which is not

qualified to file an application under section 300s-1 or 300t-12

of this title or (B) which is not approved as a transferee by the

State Agency of the State in which such facility is located, or

its successor, or

(2) cease to be a public health center or a public or other

nonprofit hospital, outpatient facility, facility for long-term

care, or rehabilitation facility,

the United States shall be entitled to recover, whether from the

transferor or the transferee (or, in the case of a facility which

has ceased to be public or nonprofit, from the owners thereof) an

amount determined under subsection (c) of this section.

(b) Notice to Secretary

The transferor of a facility which is sold or transferred as

described in subsection (a)(1) of this section, or the owner of a

facility the use of which is changed as described in subsection

(a)(2) of this section, shall provide the Secretary written notice

of such sale, transfer, or change not later than the expiration of

10 days from the date on which such sale, transfer, or change

occurs.

(1) Except as provided in paragraph (2), the amount the United

States shall be entitled to recover under subsection (a) of this

section is an amount bearing the same ratio to the then value (as

determined by the agreement of the parties or in an action brought

in the district court of the United States for the district for

which the facility involved is situated) of so much of the facility

as constituted an approved project or projects as the amount of the

Federal participation bore to the cost of the construction or

modernization of such project or projects.

(2)(A) After the expiration of -

(i) 180 days after the date of the sale, transfer, or change of

use for which a notice is required by subsection (b) of this

section in the case of a facility which is sold or transferred or

the use of which changes after July 18, 1984, or

(ii) thirty days after July 18, 1984, or if later 180 days

after the date of the sale, transfer, or change of use for which

a notice is required by subsection (b) of this section, in the

case of a facility which was sold or transferred or the use of

which changed before July 18, 1984,

the amount which the United States is entitled to recover under

paragraph (1) with respect to a facility shall be the amount

prescribed by paragraph (1) plus interest, during the period

described in subparagraph (B), at a rate (determined by the

Secretary) based on the average of the bond equivalent of the

weekly 90-day Treasury bill auction rate.

(B) The period referred to in subparagraph (A) is the period

beginning -

(i) in the case of a facility which was sold or transferred or

the use of which changed before July 18, 1984, thirty days after

such date or if later 180 days after the date of the sale,

transfer, or change of use for which a notice is required by

subsection (b) of this section.(!1)

(ii) in the case of a facility with respect to which notice is

provided in accordance with subsection (b) of this section, upon

the expiration of 180 days after the receipt of such notice, or

(iii) in the case of a facility with respect to which such

notice is not provided as prescribed by subsection (b) of this

section, on the date of the sale, transfer, or changes of use for

which such notice was to be provided,

and ending on the date the amount the United States is entitled to

under paragraph (1) is collected.

(d) Waiver

(1) The Secretary may waive the recovery rights of the United

States under subsection (a)(1) of this section with respect to a

facility in any State if the Secretary determines, in accordance

with regulations, that the entity to which the facility was sold or

transferred -

(A) has established an irrevocable trust -

(i) in an amount equal to the greater of twice the cost of

the remaining obligation of the facility under clause (ii) of

section 300s-1(b)(1)(K) of this title or the amount, determined

under subsection (c) of this section, that the United States is

entitled to recover, and

(ii) which will only be used by the entity to provide the

care required by clause (ii) of section 300s-1(b)(1)(K) of this

title; and

(B) will meet the obligation of the facility under clause (i)

of section 300s-1(b)(1)(K) of this title.

(2) The Secretary may waive the recovery rights of the United

States under subsection (a)(2) of this section with respect to a

facility in any State if the Secretary determines, in accordance

with regulations, that there is good cause for waiving such rights

with respect to such facility.

(e) Lien

The right of recovery of the United States under subsection (a)

of this section shall not constitute a lien on any facility with

respect to which funds have been paid under this subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1622, formerly Sec. 1631,

as added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2269;

amended Pub. L. 94-278, title XI, Sec. 1106(c), Apr. 22, 1976, 90

Stat. 416; renumbered Sec. 1622 and amended Pub. L. 96-79, title

II, Secs. 202(b), 203(c), Oct. 4, 1979, 93 Stat. 632, 635; Pub. L.

98-369, div. B. title III, Sec. 2381(b), July 18, 1984, 98 Stat.

1114.)

-COD-

CODIFICATION

Section was formerly classified to section 300s-1 of this title

prior to the general revision of this subchapter by Pub. L. 96-79.

-MISC1-

PRIOR PROVISIONS

A prior section 1622 of act July 1, 1944, as added Jan. 4, 1975,

Pub. L. 93-641, Sec. 4, 88 Stat. 2265, was renumbered section 1602

as part of the general revision of this subchapter by Pub. L. 96-79

and is classified to section 300q-2 of this title.

AMENDMENTS

1984 - Pub. L. 98-369 amended section generally. Prior to the

amendment, section read as follows:

"(a) If any facility constructed, modernized, or converted with

funds provided under this subchapter is, at any time within twenty

years after the completion of such construction, modernization, or

conversion with such funds -

"(1) sold or transferred to any person or entity (A) which is

not qualified to file an application under section 300s-1 or

300t-12 of this title or (B) which is not approved as a

transferee by the State Agency of the State in which such

facility is located, or its successor; or

"(2) not used as a medical facility, and the Secretary has not

determined that there is good cause for termination of such use,

the United States shall be entitled to recover from either the

transferor or the transferee in the case of a sale or transfer or

from the owner in the case of termination of use an amount bearing

the same ratio to the then value (as determined by the agreement of

the parties or by action brought in the district court of the

United States for the district in which the facility is situated)

of so much of such facility as constituted an approved project or

projects, as the amount of the Federal participation bore to the

cost of the construction, modernization, or conversion of such

project or projects. Such right of recovery shall not constitute a

lien upon such facility prior to judgment.

"(b) The Secretary may waive the recovery rights of the United

States under subsection (a) of this section with respect to a

facility in any State -

"(1) if (as determined under regulations prescribed by the

Secretary) the amount which could be recovered under subsection

(a) of this section with respect to such facility is applied to

the development, expansion, or support of another medical

facility located in such State which has been approved by the

Statewide Health Coordinating Council for such State as

consistent with the State health plan established pursuant to

section 300m-3(c) of this title; or

"(2) if the Secretary determines, in accordance with

regulations, that there is good cause for waiving such

requirement with respect to such facility.

If the amount which the United States is entitled to recover under

subsection (a) of this section exceeds 90 per centum of the total

cost of the construction or modernization project for a facility, a

waiver under this subsection shall only apply with respect to an

amount which is not more than 90 per centum of such total cost."

1979 - Subsec. (a)(1)(A). Pub. L. 96-79, Sec. 203(c), substituted

"section 300s-1 or 300t-12 of this title" for "section 300o-3 of

this title".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-79 effective Oct. 1, 1979, see section

204 of Pub. L. 96-79, set out as a note under section 300q of this

title.

REGULATIONS AND PERSONNEL

Requirements for regulations and personnel to implement this

section, see section 2381(c) of Pub. L. 98-369, set out as a note

under section 291i of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a comma.

-End-

-CITE-

42 USC Sec. 300s-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

Sec. 300s-2. State supervision or control of operations of

facilities receiving funds

-STATUTE-

Except as otherwise specifically provided, nothing in this

subchapter shall be construed as conferring on any Federal officer

or employee, the right to exercise any supervision or control over

the administration, personnel, maintenance, or operation of any

facility with respect to which any funds have been or may be

expended under this subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1623, formerly Sec. 1632,

as added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2270;

renumbered Sec. 1623, Pub. L. 96-79, title II, Sec. 202(b), Oct. 4,

1979, 93 Stat. 632.)

-End-

-CITE-

42 USC Sec. 300s-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

Sec. 300s-3. Definitions

-STATUTE-

Except as provided in section 300t-12(e) of this title, for

purposes of this subchapter -

(1) The term "hospital" includes general, tuberculosis, and other

types of hospitals, and related facilities, such as laboratories,

outpatient departments, nurses' home facilities, extended care

facilities, facilities related to programs for home health

services, self-care units, and central service facilities, operated

in connection with hospitals, and also includes education or

training facilities for health professonal (!1) personnel operated

as an integral part of a hospital, but does not include any

hospital furnishing primarily domiciliary care.

(2) The term "public health center" means a publicly owned

facility for the provision of public health services, including

related publicly owned facilities such as laboratories, clinics,

and administrative offices operated in connection with such a

facility.

(3) The term "nonprofit" as applied to any facility means a

facility which is owned and operated by one or more nonprofit

corporations or associations no part of the net earnings of which

inures, or may lawfully inure, to the benefit of any private

shareholder or individual.

(4) The term "outpatient medical facility" means a medical

facility (located in or apart from a hospital) for the diagnosis or

diagnosis and treatment of ambulatory patients (including

ambulatory inpatients) -

(A) which is operated in connection with a hospital,

(B) in which patient care is under the professional supervision

of persons licensed to practice medicine or surgery in the State,

or in the case of dental diagnosis or treatment, under the

professional supervision of persons licensed to practice

dentistry in the State; or

services of licensed physicians in various medical specialties,

and which provides to its patients a reasonably full-range of

diagnostic and treatment services.

(5) The term "rehabilitation facility" means a facility which is

operated for the primary purpose of assisting in the rehabilitation

of disabled persons through an integrated program of -

(A) medical evaluation and services, and

(B) psychological, social, or vocational evaluation and

services,

under competent professional supervision, and in the case of which

the major portion of the required evaluation and services is

furnished within the facility; and either the facility is operated

in connection with a hospital, or all medical and related health

services are prescribed by, or are under the general direction of,

persons licensed to practice medicine or surgery in the State.

(6) The term "facility for long-term care" means a facility

(including a skilled nursing or intermediate care facility)

providing in-patient care for convalescent or chronic disease

patients who required skilled nursing or intermediate care and

related medical services -

(A) which is a hospital (other than a hospital primarily for

the care and treatment of mentally ill or tuberculous patients)

or is operated in connection with a hospital, or

(B) in which such care and medical services are prescribed by,

or are performed under the general direction of, persons licensed

to practice medicine or surgery in the State.

(7) The term "construction" means construction of new buildings

and initial equipment of such buildings and, in any case in which

it will help to provide a service not previously provided in the

community, equipment of any buildings; including architects' fees,

but excluding the cost of off-site improvements and, except with

respect to public health centers, the cost of the acquisition of

land.

(8) The term "cost" as applied to construction, modernization, or

conversion means the amount found by the Secretary to be necessary

for construction, modernization, or conversion, respectively, under

a project, except that, in the case of a modernization project or a

project assisted under part B of this subchapter, such term does

not include any amount found by the Secretary to be attributable to

expansion of the bed capacity of any facility.

(9) The term "modernization" includes the alteration, expansion,

major repair (to the extent permitted by regulations), remodeling,

replacement, and renovation of existing buildings (including

initial equipment thereof), and the replacement of obsolete

equipment of existing buildings.

(10) The term "title," (!2) when used with reference to a site

for a project, means a fee simple, or such other estate or interest

(including a leasehold on which the rental does not exceed 4 per

centum of the value of the land) as the Secretary finds sufficient

to assure for a period of not less than twenty-five years'

undisturbed use and possession for the purposes of construction,

modernization, or conversion and operation of the project for a

period of not less than (A) twenty years in the case of a project

assisted under an allotment or grant under this subchapter, or (B)

the term of repayment of a loan made or guaranteed under this

subchapter in the case of a project assisted by a loan or loan

guarantee.

(11) The term "medical facility" means a hospital, public health

center, outpatient medical facility, rehabilitation facility,

facility for long-term care, or other facility (as may be

designated by the Secretary) for the provision of health care to

ambulatory patients.

(12) The term "State Agency" means the State health planning and

development agency of a State designated under subchapter XIII of

this chapter.(!3)

(13) The term "urban or rural poverty area" means an urban or

rural geographical area (as defined by the Secretary) in which a

percentage (as defined by the Secretary in accordance with the next

sentence) of the residents of the area have incomes below the

poverty level (as defined by the Secretary of Commerce). The

percentage referred to in the preceding sentence shall be defined

so that the percentage of the population of the United States

residing in urban and rural poverty areas is -

(A) not more than the percentage of the total population of the

United States with incomes below the poverty level (as so

defined) plus five per centum, and

(B) not less than such percentage minus five per centum.

(14) The term "medically underserved population" means the

population of an urban or rural area designated by the Secretary as

an area with a shortage of health facilities or a population group

designated by the Secretary as having a shortage of such

facilities.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1624, formerly Sec. 1633,

as added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2270;

amended Pub. L. 94-484, title IX, Sec. 905(b)(1), Oct. 12, 1976, 90

Stat. 2325; Pub. L. 95-83, title I, Sec. 106(z), Aug. 1, 1977, 91

Stat. 386; renumbered Sec. 1624 and amended Pub. L. 96-79, title

II, Secs. 202(b), 203(e)(1), title III, Sec. 301(b), Oct. 4, 1979,

93 Stat. 632, 635, 640.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter XIII of this chapter, referred to in par. (12), was

repealed effective Jan. 1, 1987, by Pub. L. 99-660, title VII, Sec.

701(a), Nov. 14, 1986, 100 Stat. 3799.

-COD-

CODIFICATION

"Part B of this subchapter" substituted for "Part D of this

subchapter" in par. (8) pursuant to the redesignation of former

part D of this subchapter as B by Pub. L. 96-79, title II, Sec.

202(a), Oct. 4, 1979, 93 Stat. 632.

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-79, Sec. 301(b), inserted "Except as provided

in section 300t-12(e) of this title".

Pars. (1) to (16). Pub. L. 96-79, Sec. 203(e)(1), struck out

pars. (1) and (2) which defined "State" and "Federal share" and

redesignated pars. (3) through (16) as pars. (1) through (14),

respectively.

1977 - Par. (14). Pub. L. 95-83 substituted "subchapter XIII" for

"subchapter XII".

1976 - Par. (1). Pub. L. 94-484 defined "State" to include

Northern Mariana Islands.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-79 effective Oct. 1, 1979, see section

204 of Pub. L. 96-79, set out as a note under section 300q of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290dd-1, 300s-1, 6372 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "professional".

(!2) So in original. The comma probably should follow the ending

quotations.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300s-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

Sec. 300s-4. Reporting and audit requirements for recipients

-STATUTE-

(a) Filing of financial statement with appropriate State Agency;

form and contents

In the case of any facility for which an allotment payment,

grant, loan, or loan guarantee has been made under this subchapter,

the applicant for such payment, grant, loan, or loan guarantee (or,

if appropriate, such other person as the Secretary may prescribe)

shall file at least annually with the State Agency for the State in

which the facility is located a statement which shall be in such

form, and contain such information, as the Secretary may require to

accurately show -

(1) the financial operations of the facility, and

(2) the costs of the facility of providing health services in

the facility and the charges made by the facility for providing

such services,

during the period with respect to which the statement is filed.

(b) Maintenance of records; access to books, etc., for audit and

examination

(1) Each entity receiving Federal assistance under this

subchapter shall keep such records as the Secretary shall

prescribe, including records which fully disclose the amount and

disposition by such entity of the proceeds of such assistance, the

total cost of the project in connection with which such assistance

is given or used, the amount of that portion of the cost of the

project supplied by other sources, and such other records as will

facilitate an effective audit.

(2) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access for the purpose of audit and examination to any books,

documents, papers, and records of such entities which in the

opinion of the Secretary or the Comptroller General may be related

or pertinent to the assistance referred to in paragraph (1).

Each such entity shall file at least annually with the Secretary

a statement which shall be in such form, and contain such

information, as the Secretary may require to accurately show -

(1) the financial operations of the facility constructed or

modernized with such assistance, and

(2) the costs to such facility of providing health services in

such facility, and the charges made for such services, during the

period with respect to which the statement is filed.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1625, formerly Sec. 1634,

as added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2273;

renumbered Sec. 1625, Pub. L. 96-79, title II, Sec. 202(b), Oct. 4,

1979, 93 Stat. 632.)

-MISC1-

PRIOR PROVISIONS

A prior section 1625 of act July 1, 1944, was renumbered section

1610 by Pub. L. 96-79, title II, Sec. 203(b), Oct. 4, 1979, 93

Stat. 635, and is classified to section 300r of this title.

-End-

-CITE-

42 USC Sec. 300s-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

Sec. 300s-5. Availability of technical and other nonfinancial

assistance to eligible applicants

-STATUTE-

The Secretary shall provide (either through the Department of

Health and Human Services or by contract) all necessary technical

and other nonfinancial assistance to any public or other entity

which is eligible to apply for assistance under this subchapter to

assist such entity in developing applications to be submitted to

the Secretary under section 300s-1 or 300t-12 of this title. The

Secretary shall make every effort to inform eligible applicants of

the availability of assistance under this subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1626, formerly Sec. 1635,

as added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2273;

renumbered Sec. 1626 and amended Pub. L. 96-79, title II, Secs.

202(b), 203(f), Oct. 4, 1979, 93 Stat. 632, 635; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-79, Sec. 203(f), substituted "other entity" for

"other nonprofit entity" and "section 300s-1 or 300t-12 of this

title" for "section 300o-3 of this title."

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted in text for

"Department of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-79 effective Oct. 1, 1979, see section

204 of Pub. L. 96-79, set out as a note under section 300q of this

title.

-End-

-CITE-

42 USC Sec. 300s-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part C - General Provisions

-HEAD-

Sec. 300s-6. Enforcement of assurances

-STATUTE-

The Secretary shall investigate and ascertain, on a periodic

basis, with respect to each entity which is receiving financial

assistance under this subchapter or which has received financial

assistance under subchapter IV of this chapter or this subchapter,

the extent of compliance by such entity with the assurances

required to be made at the time such assistance was received. If

the Secretary finds that such an entity has failed to comply with

any such assurance, the Secretary shall report such noncompliance

to the health systems agency for the health service area in which

such entity is located and the State health planning and

development agency of the State in which the entity is located and

shall take any action authorized by law (including an action for

specific performance brought by the Attorney General upon request

of the Secretary) which will effect compliance by the entity with

such assurances. An action to effectuate compliance with any such

assurance may be brought by a person other than the Secretary only

if a complaint has been filed by such person with the Secretary and

the Secretary has dismissed such complaint or the Attorney General

has not brought a civil action for compliance with such assurance

within six months after the date on which the complaint was filed

with the Secretary.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1627, as added Pub. L.

96-79, title II, Sec. 202(c), Oct. 4, 1979, 93 Stat. 634.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 204 of Pub. L. 96-79,

set out as an Effective Date of 1979 Amendment note under section

300q of this title.

-End-

-CITE-

42 USC Part D - Area Health Services Development Funds 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part D - Area Health Services Development Funds

-HEAD-

PART D - AREA HEALTH SERVICES DEVELOPMENT FUNDS

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 1979, 93

Stat. 632, redesignated former part F as part D relating to area

health services development funds and former part D as part B.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 38 section 8156.

-End-

-CITE-

42 USC Sec. 300t 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part D - Area Health Services Development Funds

-HEAD-

Sec. 300t. Development grants for health systems agencies

-STATUTE-

(a) Eligible recipients; purpose of grants

The Secretary shall make in each fiscal year a grant to each

health system agency -

(1) with which there is in effect a designation agreement under

section 300l-4(c) (!1) of this title,

(2) which has in effect an HSP and AIP reviewed by the

Statewide Health Coordinating Council, and

(3) which, as determined under the review made under section

300n-4(c) (!1) of this title, is organized and operated in the

manner prescribed by section 300l-1(b) (!1) of this title and is

performing its functions under section 300l-2 (!1) of this title

in a manner satisfactory to the Secretary,

to enable the agency to establish and maintain an Area Health

Service Development Fund from which it may make grants and enter

into contracts in accordance with section 300l-2(c)(3) (!1) of this

title.

(b) Determination of amounts; maximum amounts

(1) Except as provided in paragraph (2), the amount of any grant

under subsection (a) of this section shall be determined by the

Secretary after taking into consideration the population of the

health service area for which the health systems agency is

designated, the average family income of the area, and the supply

of health services in the area.

(2) The amount of any grant under subsection (a) of this section

to a health systems agency for any fiscal year may not exceed the

product of $1 and the population of the health service area for

which such agency is designated.

contents

No grant may be made under subsection (a) of this section unless

an application therefor has been submitted to, and approved by, the

Secretary. Such an application shall be submitted in such form and

manner and contain such information as the Secretary may require.

(d) Authorization of appropriations

For the purpose of making payments pursuant to grants under

subsection (a) of this section, there are authorized to be

appropriated $25,000,000 for the fiscal year ending June 30, 1975,

$75,000,000 for the fiscal year ending June 30, 1976, $120,000,000

each for the fiscal years ending September 30, 1977, and September

30, 1978, $20,000,000 for the fiscal year ending September 30,

1981, and $30,000,000 for the fiscal year ending September 30,

1982.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1640, as added Pub. L.

93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2273; amended Pub. L. 95-83,

title I, Sec. 103(c), Aug. 1, 1977, 91 Stat. 383; Pub. L. 96-79,

title I, Sec. 127(e), Oct. 4, 1979, 93 Stat. 629.)

-REFTEXT-

REFERENCES IN TEXT

Sections 300l-2, 300l-4, and 300n-4 of this title, referred to in

subsec. (a), were repealed effective Jan. 1, 1987, by Pub. L.

99-660, title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799.

Section 300l-1 of this title, referred to in subsec. (a)(3), was

in the original a reference to section 1512 of act July 1, 1944,

which was repealed effective Jan. 1, 1987, by Pub. L. 99-660, title

VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799. Pub. L. 102-531,

title III, Sec. 307, Oct. 27, 1992, 106 Stat. 3495, enacted section

1502A of act July 1, 1944, which is classified to section 300l-1 of

this title.

-MISC1-

AMENDMENTS

1979 - Subsec. (d). Pub. L. 96-79 authorized appropriations of

$20,000,000 for fiscal year ending Sept. 30, 1981, and $30,000,000

for fiscal year ending Sept. 30, 1982.

1977 - Subsec. (d). Pub. L. 95-83 substituted "each for the

fiscal years ending September 30, 1977, and September 30, 1978" for

"for the fiscal year ending June 30, 1977".

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part E - Program To Assist and Encourage Voluntary

Discontinuance of Unneeded Hospital

Services and Conversion of Unneeded

Hospital Services to Other Health

Services Needed by Community 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part E - Program To Assist and Encourage Voluntary Discontinuance of

Unneeded Hospital Services and Conversion of Unneeded

Hospital Services to Other Health Services Needed by

Community

-HEAD-

PART E - PROGRAM TO ASSIST AND ENCOURAGE VOLUNTARY DISCONTINUANCE

OF UNNEEDED HOSPITAL SERVICES AND CONVERSION OF UNNEEDED HOSPITAL

SERVICES TO OTHER HEALTH SERVICES NEEDED BY COMMUNITY

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-79, title II, Sec. 202(a), title III, Sec.

301(a), Oct. 4, 1979, 93 Stat. 632, 636, added part E relating to

program to assist and encourage voluntary discontinuance of

unneeded hospital services and conversion of unneeded hospital

services to other health services needed by the community and

redesignated former part E as part C.

-End-

-CITE-

42 USC Sec. 300t-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part E - Program To Assist and Encourage Voluntary Discontinuance of

Unneeded Hospital Services and Conversion of Unneeded

Hospital Services to Other Health Services Needed by

Community

-HEAD-

Sec. 300t-11. Grants and assistance for establishment of program

-STATUTE-

The Secretary shall, by April 1, 1980, establish a program under

which -

(1) grants and technical assistance may be provided to

hospitals in operation on October 4, 1979, (A) for the

discontinuance of unneeded hospital services, and (B) for the

conversion of unneeded hospital services to other health services

needed by the community; and

(2) grants may be provided to State Agencies designated under

section 300m(b)(3) (!1) of this title for reducing excesses in

resources and facilities of hospitals.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1641, as added Pub. L.

96-79, title III, Sec. 301(a), Oct. 4, 1979, 93 Stat. 636.)

-REFTEXT-

REFERENCES IN TEXT

Section 300m of this title, referred to in par. (2), was in the

original a reference to section 1521 of act July 1, 1944, which was

repealed effective Jan. 1, 1987, by Pub. L. 99-660, title VII, Sec.

701(a), Nov. 14, 1986, 100 Stat. 3799. Pub. L. 101-354, Sec. 2,

Aug. 10, 1990, 104 Stat. 410, enacted section 1503 of act July 1,

1944, which is classified to section 300m of this title.

-MISC1-

UNNEEDED HOSPITAL SERVICES; STUDY AND REPORT OF EFFECT OF

ELIMINATION

Section 302 of Pub. L. 96-79, as amended by Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, which provided that

the Secretary of Health and Human Services conduct a study of the

effect on the elimination of unneeded hospital services made during

the two fiscal year period ending Sept. 30, 1981, by the program

authorized by this part, and not later than Jan. 1, 1982, report

the results of the study to Congress, was repealed by Pub. L.

97-414, Sec. 9(h), Jan. 4, 1983, 96 Stat. 2064.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300t-12 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300t-12 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part E - Program To Assist and Encourage Voluntary Discontinuance of

Unneeded Hospital Services and Conversion of Unneeded

Hospital Services to Other Health Services Needed by

Community

-HEAD-

Sec. 300t-12. Grants for discontinuance and conversion

-STATUTE-

(a) Terms and conditions; determination of amount; authorized uses

(1) A grant to a hospital under the program shall be subject to

such terms and conditions as the Secretary may by regulation

prescribe to assure that the grant is used for the purpose for

which it was made.

(2) The amount of any such grant shall be determined by the

Secretary. The recipient of such a grant may use the grant -

(A) in the case of a grantee which discontinues the provision

of all hospital services or all inpatient hospital services or an

identifiable part of a hospital facility which provides inpatient

hospital services, for the liquidation of the outstanding debt on

the facilities of the grantee used for the provision of the

services or for the liquidation of the outstanding debt of the

grantee on such identifiable part;

(B) in the case of a grantee which in discontinuing the

provision of an inpatient hospital service converts or proposes

to convert an identifiable part of a hospital facility used in

the provision of the discontinued service to the delivery of

other health services, for the planning, development (including

construction and acquisition of equipment), and delivery of the

health service;

grantee who will lose employment because of the discontinuance of

hospital services made by the grantee, retraining of such

personnel, assisting such personnel in securing employment, and

other costs of implementing arrangements described in subsection

(D) for such other costs which the Secretary determines may

need to be incurred by the grantee in discontinuing hospital

services.

(b) Application; submission and approval; form; required

provisions; review by health systems agency; basis of State

Agency's recommendations; urban or rural poverty population

considerations; approval by Secretary; restrictions and special

considerations

(1) No grant may be made to a hospital unless an application

therefor is submitted to and approved by the Secretary. Such an

application shall be in such form and submitted in such manner as

the Secretary may prescribe and shall include -

(A) a description of each service to be discontinued and, if a

part of a hospital is to be discontinued or converted to another

use in connection with such discontinuance, a description of such

part;

(B) an evaluation of the impact of such discontinuance and

conversion on the provision of health care in the health service

area in which such service is provided;

will result from such discontinuance and conversion; and

(D) reasonable assurance that all laborers and mechanics

employed by contractors or subcontractors in the performance of

work on a project will be paid wages at rates not less than those

prevailing on similar construction in the locality as determined

by the Secretary of Labor in accordance with sections 3141-3144,

3146, and 3147 of title 40, and the Secretary of Labor shall have

with respect to such labor standards the authority and functions

set forth in Reorganization Plan Numbered 14 of 1950 (15 FR 3176;

5 U.S.C. Appendix) and section 3145 of title 40;

(E) such other information as the Secretary may require.

(2)(A) The health systems agency for the health service area in

which is located a hospital applying for a grant under the program

shall (i) in making the review of the applicant's application under

section 300l-2(e) (!1) of this title, determine the need for each

service or part proposed to be discontinued by the applicant, (ii)

in the case of an application for the conversion of a facility,

determine the need for each service which will be provided as a

result of the conversion, and (iii) make a recommendation to the

State Agency for the State in which the applicant is located

respecting approval by the Secretary of the applicant's

application.

(B) A State Agency which has received a recommendation from a

health systems agency under subparagraph (A) respecting an

application shall, after consideration of such recommendation, make

a recommendation to the Secretary respecting the approval by the

Secretary of the application. A State Agency's recommendation under

this subparagraph respecting the approval of an application (i)

shall be based upon (I) the need for each service or part proposed

to be discontinued by the applicant, (II) in the case of an

application for the conversion of a facility, the need for each

service which will be provided as a result of the conversion, and

(III) such other criteria as the Secretary may prescribe, and (ii)

shall be accompanied by the health systems agency's recommendation

made with respect to the approval of the application.

the service (or services) or part proposed to be discontinued or

converted by an applicant for a grant, a health systems agency and

State Agency shall give special consideration to the unmet needs

and existing access patterns of urban or rural poverty populations.

(3)(A) The Secretary may not approve an application of a hospital

for a grant -

(i) if a State Agency recommended that the application not be

approved, or

(ii) if the Secretary is unable to determine that the cost of

providing inpatient health services in the health service area in

which the applicant is located will be less than if the inpatient

health services proposed to be discontinued were not

discontinued.

(B) In considering applications of hospitals for grants the

Secretary shall consider the recommendations of health systems

agencies and State Agencies and shall give special consideration to

applications (i) which will assist health systems agencies and

State Agencies to meet the goals in their health systems plans and

State health plans, or (ii) which will result in the greatest

reduction in hospital costs within a health service area.

benefits and interests; guidelines; satisfactory arrangement

determinations

(1) Except as provided in paragraph (3), the Secretary may not

approve an application submitted under subsection (b) of this

section unless the Secretary of Labor has certified that fair and

equitable arrangements have been made to protect the interests of

employees affected by the discontinuance of services against a

worsening of their positions with respect to their employment,

including arrangements to preserve the rights of employees under

collective-bargaining agreements, continuation of

collective-bargaining rights consistent with the provisions of the

National Labor Relations Act [29 U.S.C. 151 et seq.], reassignment

of affected employees to other jobs, retraining programs,

protecting pension, health benefits, and other fringe benefits of

affected employees, and arranging adequate severance pay, if

necessary.

(2) The Secretary of Labor shall by regulation prescribe

guidelines for arrangements for the protection of the interests of

employees affected by the discontinuance of hospital services. The

Secretary of Labor shall consult with the Secretary of Health and

Human Services in the promulgation of such guidelines. Such

guidelines shall first be promulgated not later than the

promulgation of regulations by the Secretary for the administration

of the grants authorized by section 300t-11 of this title.

(3) The Secretary of Labor shall review each application

submitted under subsection (b) of this section to determine if the

arrangements described in paragraph (1) have been made and if they

are satisfactory and shall notify the Secretary respecting his

determination. Such review shall be completed within -

(A) ninety days from the date of the receipt of the application

from the Secretary of Health and Human Services, or

(B) one hundred and twenty days from such date if the Secretary

of Labor has by regulation prescribed the circumstances under

which the review will require at least one hundred and twenty

days.

If within the applicable period, the Secretary of Labor does not

notify the Secretary of Health and Human Services respecting his

determination, the Secretary of Health and Human Services shall

review the application to determine if the applicant has made the

arrangements described in paragraph (1) and if such arrangements

are satisfactory. The Secretary may not approve the application

unless he determines that such arrangements have been made and that

they are satisfactory.

(d) Records and audits requirements

The records and audits requirements of section 292e (!2) of this

title shall apply with respect to grants made under subsection (a)

of this section.

(e) "Hospital" defined

For purposes of this part, the term "hospital" means, with

respect to any fiscal year, an institution (including a distinct

part of an institution participating in the programs established

under title XVIII of the Social Security Act [42 U.S.C. 1395 et

seq.]) -

(1) which satisfies paragraphs (1) and (7) of section 1861(e)

of such Act [42 U.S.C. 1395x(e)],

(2) imposes charges or accepts payments for services provided

to patients, and

(3) the average duration of a patient's stay in which was

thirty days or less in the preceding fiscal year,

but such term does not include a Federal hospital or a psychiatric

hospital (as described in section 1861(f)(1) of the Social Security

Act [42 U.S.C. 1395x(f)(1)]).

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1642, as added Pub. L.

96-79, title III, Sec. 301(a), Oct. 4, 1979, 93 Stat. 637; amended

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

Section 300l-2, of this title, referred to in subsec. (b)(2)(A),

was repealed effective Jan. 1, 1987, by Pub. L. 99-660, title VII,

Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799.

The National Labor Relations Act, referred to in subsec. (c)(1),

is act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is

classified generally to subchapter II (Sec. 151 et seq.) of chapter

7 of Title 29, Labor. For complete classification of this Act to

the Code, see section 167 of Title 29 and Tables.

Section 292e of this title, referred to in subsec. (d), was in

the original a reference to section 705 of act July 1, 1944.

Section 705 of that Act was omitted in the general revision of

subchapter V of this chapter by Pub. L. 102-408, title I, Sec. 102,

Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102-408 enacted a new

section 705 of act July 1, 1944, relating to eligibility of

borrowers and terms of insured loans, and a new section 706,

relating to certificates of loan insurance, which are classified to

sections 292d and 292e, respectively, of this title.

The Social Security Act, referred to in subsec. (e), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the

Social Security Act is classified generally to subchapter XVIII

(Sec. 1395 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.

-COD-

CODIFICATION

In subsec. (b)(1)(D), "sections 3141-3144, 3146, and 3147 of

title 40" substituted for "the Act of March 3, 1931 (40 U.S.C. 276a

- 276a-5, known as the Davis-Bacon Act)" and "section 3145 of title

40" substituted for "section 2 of the Act of June 13, 1934 (40

U.S.C. 276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (c)(2) and

(3), pursuant to section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300s-1a, 300s-3, 300s-5,

300t-14 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300t-13 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part E - Program To Assist and Encourage Voluntary Discontinuance of

Unneeded Hospital Services and Conversion of Unneeded

Hospital Services to Other Health Services Needed by

Community

-HEAD-

Sec. 300t-13. Grants to States for reduction of excess hospital

capacity

-STATUTE-

(a) "Excess hospital capacity" defined; particular activities

For the purpose of demonstrating the effectiveness of various

means for reducing excesses in resources and facilities of

hospitals (referred to in this section as "excess hospital

capacity"), the Secretary may make grants to State Agencies

designated under section 300m(b)(3) (!1) of this title to assist

such Agencies in -

(1) identifying (by geographic region or by health service)

excess hospital capacity,

(2) developing programs to inform the public of the costs

associated with excess hospital capacity,

(3) developing programs to reduce excess hospital capacity in a

manner which will produce the greatest savings in the cost of

health care delivery,

(4) developing means to overcome barriers to the reduction of

excess hospital capacity,

(5) in planning, evaluating, and carrying out programs to

decertify health care facilities providing health services that

are not appropriate, and

(6) any other activity related to the reduction of excess

hospital capacity.

(b) Terms and conditions

Grants under subsection (a) of this section shall be made on such

terms and conditions as the Secretary may prescribe.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1643, as added Pub. L.

96-79, title III, Sec. 301(a), Oct. 4, 1979, 93 Stat. 639.)

-REFTEXT-

REFERENCES IN TEXT

Section 300m of this title, referred to in subsec. (a), was in

the original a reference to section 1521 of act July 1, 1944, which

was repealed effective Jan. 1, 1987, by Pub. L. 99-660, title VII,

Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799. Pub. L. 101-354, Sec.

2, Aug. 10, 1990, 104 Stat. 410, enacted section 1503 of act July

1, 1944, which is classified to section 300m of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300t-14 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300t-14 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

Part E - Program To Assist and Encourage Voluntary Discontinuance of

Unneeded Hospital Services and Conversion of Unneeded

Hospital Services to Other Health Services Needed by

Community

-HEAD-

Sec. 300t-14. Authorization of appropriations

-STATUTE-

To make payments under grants under sections 300t-12 and 300t-13

of this title there are authorized to be appropriated $30,000,000

for the fiscal year ending September 30, 1980, $50,000,000 for the

fiscal year ending September 30, 1981, and $75,000,000 for the

fiscal year ending September 30, 1982, except that in any fiscal

year not more than 10 percent of the amount appropriated under this

section may be obligated for grants under section 300t-13 of this

title.

-SOURCE-

(July 1, 1944, ch. 373, title XVI, Sec. 1644, as added Pub. L.

96-79, title III, Sec. 301(a), Oct. 4, 1979, 93 Stat. 640.)

-End-

-CITE-

42 USC SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH

PROMOTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

-HEAD-

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

-End-

-CITE-

42 USC Sec. 300u 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

-HEAD-

Sec. 300u. General authority of Secretary

-STATUTE-

(a) Development, support, and implementation of programs,

activities, etc.

The Secretary shall -

(1) formulate national goals, and a strategy to achieve such

goals, with respect to health information and health promotion,

preventive health services, and education in the appropriate use

of health care;

(2) analyze the necessary and available resources for

implementing the goals and strategy formulated pursuant to

paragraph (1), and recommend appropriate educational and quality

assurance policies for the needed manpower resources identified

by such analysis;

(3) undertake and support necessary activities and programs to

(A) incorporate appropriate health education components into

our society, especially into all aspects of education and

health care,

(B) increase the application and use of health knowledge,

skills, and practices by the general population in its patterns

of daily living, and

development, demonstration, and evaluation of innovative health

promotion concepts;

(4) undertake and support research and demonstrations

respecting health information and health promotion, preventive

health services, and education in the appropriate use of health

care;

(5) undertake and support appropriate training in, and

undertake and support appropriate training in the operation of

programs concerned with, health information and health promotion,

preventive health services, and education in the appropriate use

of health care;

(6) undertake and support, through improved planning and

implementation of tested models and evaluation of results,

effective and efficient programs respecting health information

and health promotion, preventive health services, and education

in the appropriate use of health care;

(7)(A) develop model programs through which employers in the

public sector, and employers that are small businesses (as

defined in section 632 of title 15), can provide for their

employees a program to promote healthy behaviors and to

discourage participation in unhealthy behaviors;

(B) provide technical assistance to public and private

employers in implementing such programs (including private

employers that are not small businesses and that will implement

programs other than the programs developed by the Secretary

pursuant to subparagraph (A)); and

small businesses;

(8) foster the exchange of information respecting, and foster

cooperation in the conduct of, research, demonstration, and

training programs respecting health information and health

promotion, preventive health services, and education in the

appropriate use of health care;

(9) provide technical assistance in the programs referred to in

paragraph (8);

(10) use such other authorities for programs respecting health

information and health promotion, preventive health services, and

education in the appropriate use of health care as are available

and coordinate such use with programs conducted under this

subchapter; and

(11) establish in the Office of the Assistant Secretary for

Health an Office of Disease Prevention and Health Promotion,

which shall -

(A) coordinate all activities within the Department which

relate to disease prevention, health promotion, preventive

health services, and health information and education with

respect to the appropriate use of health care;

(B) coordinate such activities with similar activities in the

private sector;

facilitate the exchange of information concerning matters

relating to health information and health promotion, preventive

health services (which may include information concerning

models and standards for insurance coverage of such services),

and education in the appropriate use of health care, to

facilitate access to such information, and to assist in the

analysis of issues and problems relating to such matters; and

(D) support projects, conduct research, and disseminate

information relating to preventive medicine, health promotion,

and physical fitness and sports medicine.

The Secretary shall appoint a Director for the Office of Disease

Prevention and Health Promotion established pursuant to paragraph

(11) of this subsection. The Secretary shall administer this

subchapter in cooperation with health care providers, educators,

voluntary organizations, businesses, and State and local health

agencies in order to encourage the dissemination of health

information and health promotion activities.

(b) Authorization of appropriations

For the purpose of carrying out this section and sections 300u-1

through 300u-4 of this title, there are authorized to be

appropriated $10,000,000 for fiscal year 1992, and such sums as may

be necessary for each of the fiscal years 1993 through 2002.

content

No grant may be made or contract entered into under this

subchapter unless an application therefor has been submitted to and

approved by the Secretary. Such an application shall be submitted

in such form and manner and contain such information as the

Secretary may prescribe. Contracts may be entered into under this

subchapter without regard to section 3324(a) and (b) of title 31

and section 5 of title 41.

-SOURCE-

(July 1, 1944, ch. 373, title XVII, Sec. 1701, as added Pub. L.

94-317, title I, Sec. 102, June 23, 1976, 90 Stat. 695; amended

Pub. L. 96-32, Sec. 7(n), July 10, 1979, 93 Stat. 85; Pub. L.

96-76, title II, Sec. 209, Sept. 29, 1979, 93 Stat. 584; Pub. L.

98-551, Sec. 2(a), Oct. 30, 1984, 98 Stat. 2815; Pub. L. 100-607,

title III, Sec. 312(a)(1), (b)(1), (c), Nov. 4, 1988, 102 Stat.

3113, 3114; Pub. L. 102-168, title I, Sec. 101, Nov. 26, 1991, 105

Stat. 1102; Pub. L. 102-531, title III, Sec. 311(b)(1), Oct. 27,

1992, 106 Stat. 3503; Pub. L. 105-392, title IV, Sec. 414, Nov. 13,

1998, 112 Stat. 3590.)

-COD-

CODIFICATION

In subsec. (c), "section 3324(a) and (b) of title 31" substituted

for "section 3648 of the Revised Statutes (31 U.S.C. 529)" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-392 substituted "2002" for

"1996".

1992 - Subsec. (a)(11)(C). Pub. L. 102-531 substituted

"preventive health services (which may include information

concerning models and standards for insurance coverage of such

services)," for "preventive health services,".

1991 - Subsec. (b). Pub. L. 102-168 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "To

carry out sections 300u through 300u-4 of this title, there are

authorized to be appropriated $9,000,000 for the fiscal year ending

September 30, 1985, $9,500,000 for the fiscal year ending September

30, 1986, $10,000,000 for the fiscal year ending September 30,

1987, and $10,000,000 for each of the fiscal years 1989 through

1991."

1988 - Subsec. (a). Pub. L. 100-607, Sec. 312(c)(2), in

concluding provisions, struck out "The Secretary shall administer

this subchapter in a manner consistent with the national health

priorities set forth in section 300k-2 of this title." before "The

Secretary shall appoint", and substituted "paragraph (11)" for

"paragraph (10)".

Subsec. (a)(7), (8). Pub. L. 100-607, Sec. 312(b)(1), added par.

(7) and redesignated former par. (7) as (8). Former par. (8)

redesignated (9).

Subsec. (a)(9). Pub. L. 100-607, Sec. 312(c)(1), substituted

"paragraph (8)" for "paragraph (7)".

Pub. L. 100-607, Sec. 312(b)(1)(A), redesignated par. (8) as (9).

Former par. (9) redesignated (10).

Subsec. (a)(10), (11). Pub. L. 100-607, Sec. 312(b)(1)(A),

redesignated pars. (9) and (10) as (10) and (11), respectively.

Subsec. (b). Pub. L. 100-607, Sec. 312(a)(1), substituted

"sections 300u through 300u-4 of this title" for "this subchapter",

struck out "and" after "September 30, 1986,", and inserted ", and

$10,000,000 for each of the fiscal years 1989 through 1991".

1984 - Subsec. (a). Pub. L. 98-551, Sec. 2(a)(1), added par.

(10), and in provisions following par. (10) struck out "and with

health planning and resource development activities undertaken

under subchapters XIII and XIV of this chapter" after "section

300k-2 of this title" and inserted provisions for appointment of a

Director for Office of Disease Prevention and Health Promotion and

cooperation in administration of this subchapter.

Subsec. (b). Pub. L. 98-551, Sec. 2(a)(2), substituted "To carry

out this subchapter, there are authorized to be appropriated

$9,000,000 for the fiscal year ending September 30, 1985,

$9,500,000 for the fiscal year ending September 30, 1986, and

$10,000,000 for the fiscal year ending September 30, 1987" for "For

payments under grants and contracts under this subchapter (other

than grants and contracts under sections 300u-6, 300u-7, and 300u-8

of this title) there are authorized to be appropriated $7,000,000

for the fiscal year ending September 30, 1977, $10,000,000 for the

fiscal year ending September 30, 1978, $14,000,000 for the fiscal

year ending September 30, 1979, $14,000,000 for the fiscal year

ending September 30, 1980, $15,000,000 for the fiscal year ending

September 30, 1981, and $16,000,000 for the fiscal year ending

September 30, 1982."

1979 - Subsec. (b). Pub. L. 96-76 inserted provisions authorizing

appropriations for fiscal years ending Sept. 30, 1980, Sept. 30,

1981, and Sept. 30, 1982.

Pub. L. 96-32 inserted "(other than grants and contracts under

sections 300u-6, 300u-7, and 300u-8 of this title)" after "grants

and contracts under this subchapter".

SHORT TITLE

For short title of title I of Pub. L. 94-317, which enacted this

subchapter as the "National Consumer Health Information and Health

Promotion Act of 1976", see section 101 of Pub. L. 94-317, set out

as a Short Title of 1976 Amendments note under section 201 of this

title.

MODEL PROGRAMS FOR EMPLOYEE HEALTH PROMOTION AND DISEASE

PREVENTION; DEVELOPMENT COMPLETION

Section 312(b)(2) of Pub. L. 100-607 required Secretary of Health

and Human Services, not later than 18 months after Nov. 4, 1988, to

complete development of model programs required in section

1701(a)(7)(A) of the Public Health Service Act (subsec. (a)(7)(A)

of this section).

-EXEC-

EXECUTIVE ORDER NO. 12345

Ex. Ord. No. 12345, Feb. 2, 1982, 47 F.R. 5189, as amended by Ex.

Ord. No. 12539, Dec. 3, 1985, 50 F.R. 49829; Ex. Ord. No. 12694,

Oct. 11, 1989, 54 F.R. 42285; Ex. Ord. No. 12709, Apr. 4, 1990, 55

F.R. 13097; Ex. Ord. No. 13138, Sec. 8, Sept. 30, 1999, 64 F.R.

53881, which provided for the Secretary of Health and Human

Services to develop and coordinate a national program for physical

fitness and sports, continued the President's Council on Physical

Fitness and Sports, and provided for termination of the Council on

Dec. 31, 1982, was revoked by Ex. Ord. No. 13265, Sec. 5(c), June

6, 2002, 67 F.R. 39842, set out below.

EX. ORD. NO. 13265. PRESIDENT'S COUNCIL ON PHYSICAL FITNESS AND

SPORTS

Ex. Ord. No. 13265, June 6, 2002, 67 F.R. 39841, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and to expand the

executive branch's program for physical fitness and sports and

establish the President's Council on Physical Fitness and Sports

(the "Council"), it is hereby ordered as follows:

Section 1. Purpose. The Secretary of Health and Human Services

(Secretary) shall, in carrying out his responsibilities for public

health and human services, develop and coordinate a national

program to enhance physical activity and sports participation.

Through this program, the Secretary shall seek to:

(a) expand national interest in and awareness of the benefits of

regular physical activity and active sports participation;

(b) stimulate and enhance coordination of programs within and

among the private and public sectors that promote participation in,

and safe and easy access to, physical activity and sports;

regarding physical activity and sports participation;

(d) integrate physical activity into a broader health-promotion

and disease-prevention effort through Federal agencies and the

private sector; and

(e) target all Americans, with particular emphasis on children

and adolescents, as well as populations or communities in which

specific risks or disparities in participation in, access to, or

knowledge about the benefits of physical activity have been

identified.

Sec. 2. The President's Council on Physical Fitness and Sports.

(a) There is hereby established the President's Council on

Physical Fitness and Sports.

(b) The Council shall be composed of up to 20 members appointed

by the President. The President may designate one or more members

to be Chair or Vice Chair. Each member shall serve for a term of 2

years and may continue to serve after the expiration of that term

until a successor is appointed.

Sec. 3. Functions of the Council.

(a) The Council shall advise the President, through the

Secretary, concerning progress made in carrying out the provisions

of this order and shall recommend to the President, through the

Secretary, actions to accelerate progress.

(b) The Council shall advise the Secretary on ways to enhance

opportunities for participation in physical fitness and sports.

Recommendations may address, but are not necessarily limited to,

public awareness campaigns, Federal, State, and local physical

activity initiatives, and partnership opportunities between public-

and private-sector health-promotion entities.

local, and private entities in order to advise the Secretary

regarding opportunities to extend and improve physical activity

programs and services at both the local and national levels.

(d) The Council shall monitor the need for the enhancement of

programs and educational and promotional materials sponsored,

overseen, or disseminated by the Council, and shall advise the

Secretary as necessary concerning such need.

Sec. 4. Administration.

(a) Each Federal agency shall, to the extent permitted by law and

subject to available funds, furnish such information and assistance

to the Secretary and the Council as they may request.

(b) The members of the Council shall serve without compensation

for their work on the Council. Members of the Council may, however,

receive travel expenses, including per diem in lieu of subsistence,

as authorized by law for persons serving intermittently in the

Government (5 U.S.C. 5701-5707).

the Council with necessary staff, supplies, facilities, and other

administrative services. The expenses of the Council shall be paid

from funds available to the Secretary.

(d) The Secretary shall appoint an Executive Director of the

Council who shall serve as a liaison to the Secretary and the White

House on matters and activities pertaining to the Council.

(e) The Council may establish subcommittees as appropriate to aid

in its work. Such subcommittees shall meet on a voluntary basis and

be defined by objectives established in coordination with and

agreed upon by the Secretary and the President.

(f) The seal prescribed by Executive Order 10830 of July 24,

1959, as amended, shall be the seal of the President's Council on

Physical Fitness and Sports established by this order.

Sec. 5. General Provisions.

(a) Insofar as the Federal Advisory Committee Act, as amended (5

U.S.C. App.) (Act), may apply to the Administration of any portion

of this order, any functions of the President under the Act, except

that of reporting to the Congress, shall be performed by the

Secretary in accordance with the guidelines and procedures issued

by the Administrator of General Services.

(b) In accordance with the Act, the Council shall terminate 2

years from the date of this order, unless extended by the

President.

revoked.

George W. Bush.

EXTENSION OF TERM OF PRESIDENT'S COUNCIL ON PHYSICAL FITNESS AND

SPORTS

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec. 31,

1982, 48 F.R. 379, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept. 28,

1984, 49 F.R. 38927, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept. 30,

1985, 50 F.R. 40319, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept. 30,

1987, 52 F.R. 36901, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29,

1989, 54 F.R. 40627, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1993, by Ex. Ord. No. 12774, Sept. 27,

1991, 56 F.R. 49835, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1995, by Ex. Ord. No. 12869, Sept. 30,

1993, 58 F.R. 51751, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29,

1995, 60 F.R. 51875, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 1999, by Ex. Ord. No. 13062, Sept. 29,

1997, 62 F.R. 51755, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 30,

1999, 64 F.R. 53879, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Council on Physical Fitness and Sports

extended until Sept. 30, 2003, by Ex. Ord. No. 13225, Sept. 28,

2001, 66 F.R. 50291, set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

EX. ORD. NO. 13266. ACTIVITIES TO PROMOTE PERSONAL FITNESS

Ex. Ord. No. 13266, June 20, 2002, 67 F.R. 42467, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

improve the efficiency and coordination of Federal policies related

to personal fitness of the general public, it is hereby ordered as

follows:

Section 1. Policy. This order is issued consistent with the

following findings and principles:

(a) Growing scientific evidence indicates that an increasing

number of Americans are suffering from negligible physical

activity, poor dietary habits, insufficient utilization of

preventive health screenings, and engaging in risky behaviors such

as abuse of alcohol, tobacco, and drugs.

(b) Existing information on the importance of appropriate

physical activity, diet, preventive health screenings, and avoiding

harmful substances is often not received by the public, or, if

received, is not acted on sufficiently.

fitness can benefit from some level of appropriate physical

activity, dietary guidance, preventive health screening, and making

healthy choices.

(d) While personal fitness is an individual responsibility, the

Federal Government may, within the authority and funds otherwise

available, expand the opportunities for individuals to empower

themselves to improve their general health. Such opportunities may

include improving the flow of information about personal fitness,

assisting in the utilization of that information, increasing the

accessibility of resources for physical activity, and reducing

barriers to achieving good personal fitness.

Sec. 2. Agency Responsibilities in Promoting Personal Fitness.

(a) The Secretaries of Agriculture, Education, Health and Human

Services (HHS), Housing and Urban Development, Interior, Labor,

Transportation, and Veterans Affairs, and the Director of the

Office of National Drug Policy shall review and evaluate the

policies, programs, and regulations of their respective departments

and offices that in any way relate to the personal fitness of the

general public. Based on that review, the Secretaries and the

Director shall determine whether existing policies, programs, and

regulations of their respective departments and offices should be

modified or whether new policies or programs could be implemented.

These new policies and programs shall be consistent with otherwise

available authority and appropriated funds, and shall improve the

Federal Government's assistance of individuals, private

organizations, and State and local governments to (i) increase

physical activity; (ii) promote responsible dietary habits; (iii)

increase utilization of preventive health screenings; and (iv)

encourage healthy choices concerning alcohol, tobacco, drugs, and

safety among the general public.

(b) Each department and office included in section 2(a) shall

report to the President, through the Secretary of Health and Human

Services, its proposed actions within 90 days of the date of this

order.

(Working Group), composed of the Secretaries or Director of the

departments and office included in section 2(a) (or their

designees) and chaired by the Secretary of HHS or his designee. In

order to improve efficiency through information sharing and to

eliminate waste and overlap, the Working Group shall work to ensure

the cooperation of Federal agencies in coordinating Federal

personal fitness activities. The Working Group shall meet subject

to the call of the Chair, but not less than twice a year. The

Department of Health and Human Services shall provide such

administrative support to the Working Group as the Secretary of HHS

deems necessary. Each member of the Working Group shall be a

full-time or permanent part-time officer or employee of the Federal

Government.

Sec. 3. General Provisions. This order is intended only to

improve the internal management of the executive branch and it is

not intended to, and does not, create any right, benefit, trust, or

responsibility, substantive or procedural, enforceable at law or

equity by a party against the United States, its departments,

agencies or entities, its officers or employees, or any person.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300u-4 of this title.

-End-

-CITE-

42 USC Sec. 300u-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

-HEAD-

Sec. 300u-1. Grants and contracts for research programs; authority

of Secretary; review of applications; additional functions;

periodic public survey

-STATUTE-

(a) The Secretary is authorized to conduct and support by grant

or contract (and encourage others to support) research in health

information and health promotion, preventive health services, and

education in the appropriate use of health care. Applications for

grants and contracts under this section shall be subject to

appropriate peer review. The Secretary shall also -

(1) provide consultation and technical assistance to persons

who need help in preparing research proposals or in actually

conducting research;

(2) determine the best methods of disseminating information

concerning personal health behavior, preventive health services

and the appropriate use of health care and of affecting behavior

so that such information is applied to maintain and improve

health, and prevent disease, reduce its risk, or modify its

course or severity;

(3) determine and study environmental, occupational, social,

and behavioral factors which affect and determine health and

ascertain those programs and areas for which educational and

preventive measures could be implemented to improve health as it

is affected by such factors;

(4) develop (A) methods by which the cost and effectiveness of

activities respecting health information and health promotion,

preventive health services, and education in the appropriate use

of health care, can be measured, including methods for evaluating

the effectiveness of various settings for such activities and the

various types of persons engaged in such activities, (B) methods

for reimbursement or payment for such activities, and (C) models

and standards for the conduct of such activities, including

models and standards for the education, by providers of

institutional health services, of individuals receiving such

services respecting the nature of the institutional health

services provided the individuals and the symptoms, signs, or

diagnoses which led to provision of such services;

(5) develop a method for assessing the cost and effectiveness

of specific medical services and procedures under various

conditions of use, including the assessment of the sensitivity

and specificity of screening and diagnostic procedures; and

(6) enumerate and assess, using methods developed under

paragraph (5), preventive health measures and services with

respect to their cost and effectiveness under various conditions

of use (which measures and services may include blood pressure

screening, cholesterol screening and control, smoking cessation

programs, substance abuse programs, cancer screening, dietary and

nutritional counseling, diabetes screening and education,

intraocular pressure screening, and stress management).

(b) The Secretary shall make a periodic survey of the needs,

interest, attitudes, knowledge, and behavior of the American public

regarding health and health care. The Secretary shall take into

consideration the findings of such surveys and the findings of

similar surveys conducted by national and community health

education organizations, and other organizations and agencies for

formulating policy respecting health information and health

promotion, preventive health services, and education in the

appropriate use of health care.

-SOURCE-

(July 1, 1944, ch. 373, title XVII, Sec. 1702, as added Pub. L.

94-317, title I, Sec. 102, June 23, 1976, 90 Stat. 696; amended

Pub. L. 102-531, title III, Sec. 311(b)(2), Oct. 27, 1992, 106

Stat. 3504.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(6). Pub. L. 102-531 inserted before period

"(which measures and services may include blood pressure screening,

cholesterol screening and control, smoking cessation programs,

substance abuse programs, cancer screening, dietary and nutritional

counseling, diabetes screening and education, intraocular pressure

screening, and stress management)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300u of this title.

-End-

-CITE-

42 USC Sec. 300u-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

-HEAD-

Sec. 300u-2. Grants and contracts for community health programs

-STATUTE-

(a) Authority of Secretary; particular activities

The Secretary is authorized to conduct and support by grant or

contract (and encourage others to support) new and innovative

programs in health information and health promotion, preventive

health services, and education in the appropriate use of health

care, and may specifically -

(1) support demonstration and training programs in such matters

which programs (A) are in hospitals, ambulatory care settings,

home care settings, schools, day care programs for children, and

other appropriate settings representative of broad cross sections

of the population, and include public education activities of

voluntary health agencies, professional medical societies, and

other private nonprofit health organizations, (B) focus on

objectives that are measurable, and (C) emphasize the prevention

or moderation of illness or accidents that appear controllable

through individual knowledge and behavior;

(2) provide consultation and technical assistance to

organizations that request help in planning, operating, or

evaluating programs in such matters;

(3) develop health information and health promotion materials

and teaching programs including (A) model curriculums for the

training of educational and health professionals and

paraprofessionals in health education by medical, dental, and

nursing schools, schools of public health, and other institutions

engaged in training of educational or health professionals, (B)

model curriculums to be used in elementary and secondary schools

and institutions of higher learning, (C) materials and programs

for the continuing education of health professionals and

paraprofessionals in the health education of their patients, (D)

materials for public service use by the printed and broadcast

media, and (E) materials and programs to assist providers of

health care in providing health education to their patients; and

(4) support demonstration and evaluation programs for

individual and group self-help programs designed to assist the

participant in using his individual capacities to deal with

health problems, including programs concerned with obesity,

hypertension, and diabetes.

(b) Grants to States and other public and nonprofit private

entities; costs of demonstrating and evaluating programs;

development of models

The Secretary is authorized to make grants to States and other

public and nonprofit private entities to assist them in meeting the

costs of demonstrating and evaluating programs which provide

information respecting the costs and quality of health care or

information respecting health insurance policies and prepaid health

plans, or information respecting both. After the development of

models pursuant to section 300u-3(4) and 300u-3(5) of this title

for such information, no grant may be made under this subsection

for a program unless the information to be provided under the

program is provided in accordance with one of such models

applicable to the information.

contract

The Secretary is authorized to support by grant or contract (and

to encourage others to support) private nonprofit entities working

in health information and health promotion, preventive health

services, and education in the appropriate use of health care. The

amount of any grant or contract for a fiscal year beginning after

September 30, 1978, for an entity may not exceed 25 per centum of

the expenses of the entity for such fiscal year for health

information and health promotion, preventive health services, and

education in the appropriate use of health care.

-SOURCE-

(July 1, 1944, ch. 373, title XVII, Sec. 1703, as added Pub. L.

94-317, title I, Sec. 102, June 23, 1976, 90 Stat. 697.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300u of this title.

-End-

-CITE-

42 USC Sec. 300u-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

-HEAD-

Sec. 300u-3. Grants and contracts for information programs;

authority of Secretary; particular activities

-STATUTE-

The Secretary is authorized to conduct and support by grant or

contract (and encourage others to support) such activities as may

be required to make information respecting health information and

health promotion, preventive health services, and education in the

appropriate use of health care available to the consumers of

medical care, providers of such care, schools, and others who are

or should be informed respecting such matters. Such activities may

include at least the following:

(1) The publication of information, pamphlets, and other

reports which are specially suited to interest and instruct the

health consumer, which information, pamphlets, and other reports

shall be updated annually, shall pertain to the individual's

ability to improve and safeguard his own health; shall include

material, accompanied by suitable illustrations, on child care,

family life and human development, disease prevention

(particularly prevention of pulmonary disease, cardiovascular

disease, and cancer), physical fitness, dental health,

environmental health, nutrition, safety and accident prevention,

drug abuse and alcoholism, mental health, management of chronic

diseases (including diabetes and arthritis), and venereal

diseases; and shall be designed to reach populations of different

languages and of different social and economic backgrounds.

(2) Securing the cooperation of the communications media,

providers of health care, schools, and others in activities

designed to promote and encourage the use of health maintaining

information and behavior.

(3) The study of health information and promotion in

advertising and the making to concerned Federal agencies and

others such recommendations respecting such advertising as are

appropriate.

(4) The development of models and standards for the publication

by States, insurance carriers, prepaid health plans, and others

(except individual health practitioners) of information for use

by the public respecting the cost and quality of health care,

including information to enable the public to make comparisons of

the cost and quality of health care.

(5) The development of models and standards for the publication

by States, insurance carriers, prepaid health plans, and others

of information for use by the public respecting health insurance

policies and prepaid health plans, including information on the

benefits provided by the various types of such policies and

plans, the premium charges for such policies and plans,

exclusions from coverage or eligibility for coverage, cost

sharing requirements, and the ratio of the amounts paid as

benefits to the amounts received as premiums and information to

enable the public to make relevant comparisons of the costs and

benefits of such policies and plans.

-SOURCE-

(July 1, 1944, ch. 373, title XVII, Sec. 1704, as added Pub. L.

94-317, title I, Sec. 102, June 23, 1976, 90 Stat. 698; amended

Pub. L. 98-551, Sec. 2(b), Oct. 30, 1984, 98 Stat. 2816.)

-MISC1-

AMENDMENTS

1984 - Par. (6). Pub. L. 98-551 struck out par. (6) which

provided grant authority to the Secretary to assess, with respect

to the effectiveness, safety, cost, and required training for and

conditions of use, of new aspects of health care, and new

activities, programs, and services designed to improve human health

and publish in readily understandable language for public and

professional use such assessments and, in the case of controversial

aspects of health care, activities, programs, or services, publish

differing views or opinions respecting the effectiveness, safety,

cost, and required training for and conditions of use, of such

aspects of health care, activities, programs, or services.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300u, 300u-2 of this

title.

-End-

-CITE-

42 USC Sec. 300u-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

-HEAD-

Sec. 300u-4. Status reports to President and Congress; study of

health education and preventive health services with respect to

insurance coverage

-STATUTE-

(a) The Secretary shall, not later than two years after June 23,

1976, and biannually thereafter, submit to the President for

transmittal to Congress a report on the status of health

information and health promotion, preventive health services, and

education in the appropriate use of health care. Each such report

shall include -

(1) a statement of the activities carried out under this

subchapter since the last report and the extent to which each

such activity achieves the purposes of this subchapter;

(2) an assessment of the manpower resources needed to carry out

programs relating to health information and health promotion,

preventive health services, and education in the appropriate use

of health care, and a statement describing the activities

currently being carried out under this subchapter designed to

prepare teachers and other manpower for such programs;

(3) the goals and strategy formulated pursuant to section

300u(a)(1) of this title, the models and standards developed

under this subchapter, and the results of the study required by

subsection (b) of this section; and

(4) such recommendations as the Secretary considers appropriate

for legislation respecting health information and health

promotion, preventive health services, and education in the

appropriate use of health care, including recommendations for

revisions to and extension of this subchapter.

(b) The Secretary shall conduct a study of health education

services and preventive health services to determine the coverage

of such services under public and private health insurance

programs, including the extent and nature of such coverage and the

cost sharing requirements required by such programs for coverage of

such services.

-SOURCE-

(July 1, 1944, ch. 373, title XVII, Sec. 1705, as added Pub. L.

94-317, title I, Sec. 102, June 23, 1976, 90 Stat. 699; amended

Pub. L. 104-66, title I, Sec. 1062(d), Dec. 21, 1995, 109 Stat.

720.)

-MISC1-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-66 substituted "biannually" for

"annually" in introductory provisions.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which item 4 on page 96 identifies a reporting provision which, as

subsequently amended, is contained in subsec. (a) of this section),

see section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 247b, 300u of this title.

-End-

-CITE-

42 USC Sec. 300u-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

-HEAD-

Sec. 300u-5. Centers for research and demonstration of health

promotion and disease prevention

-STATUTE-

(a) Establishment; grants; contracts; research and demonstration

projects

The Secretary shall make grants or enter into contracts with

academic health centers for the establishment, maintenance, and

operation of centers for research and demonstration with respect to

health promotion and disease prevention. Centers established,

maintained, or operated under this section shall undertake research

and demonstration projects in health promotion, disease prevention,

and improved methods of appraising health hazards and risk factors,

and shall serve as demonstration sites for the use of new and

innovative research in public health techniques to prevent chronic

diseases.

(b) Location; types of research and projects

Each center established, maintained, or operated under this

section shall -

(1) be located in an academic health center with -

(A) a multidisciplinary faculty with expertise in public

health and which has working relationships with relevant groups

in such fields as medicine, psychology, nursing, social work,

education and business;

(B) graduate training programs relevant to disease

prevention;

sciences, behavioral and environmental health sciences, and

health administration;

(D) a demonstrated curriculum in disease prevention;

(E) a capability for residency training in public health or

preventive medicine; and

(F) such other qualifications as the Secretary may prescribe;

(2) conduct -

(A) health promotion and disease prevention research,

including retrospective studies and longitudinal prospective

studies in population groups and communities;

(B) demonstration projects for the delivery of services

relating to health promotion and disease prevention to defined

population groups using, as appropriate, community outreach and

organization techniques and other methods of educating and

motivating communities; and

projects conducted under subparagraph (B) of this paragraph.

The design of any evaluation study conducted under subparagraph

demonstration project under subparagraph (B) for which the

evaluation will be conducted.

(1) In making grants and entering into contracts under this

section, the Secretary shall provide for an equitable geographical

distribution of centers established, maintained, and operated under

this section and for the distribution of such centers among areas

containing a wide range of population groups which exhibit

incidences of diseases which are most amenable to preventive

intervention.

(2) The Secretary, through the Director of the Centers for

Disease Control and Prevention and in consultation with the

Director of the National Institutes of Health, shall establish

procedures for the appropriate peer review of applications for

grants and contracts under this section by peer review groups

composed principally of non-Federal experts.

(d) "Academic health center" defined

For purposes of this section, the term "academic health center"

means a school of medicine, a school of osteopathy, or a school of

public health, as such terms are defined in section 292a(4) (!1) of

this title.

(e) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated $10,000,000 for fiscal year 1992, and

such sums as may be necessary for each of the fiscal years 1993

through 2003.

-SOURCE-

(July 1, 1944, ch. 373, title XVII, Sec. 1706, as added Pub. L.

98-551, Sec. 2(d), Oct. 30, 1984, 98 Stat. 2816; amended Pub. L.

100-607, title III, Sec. 312(a)(2), Nov. 4, 1988, 102 Stat. 3113;

Pub. L. 102-168, title I, Sec. 102, Nov. 26, 1991, 105 Stat. 1102;

Pub. L. 102-531, title III, Sec. 312(d)(12), Oct. 27, 1992, 106

Stat. 3505; Pub. L. 103-183, title VII, Sec. 705(d), Dec. 14, 1993,

107 Stat. 2241; Pub. L. 105-340, title II, Sec. 204, Oct. 31, 1998,

112 Stat. 3195.)

-REFTEXT-

REFERENCES IN TEXT

Section 292a of this title, referred to in subsec. (d), was in

the original a reference to section 701 of act July 1, 1944.

Section 701 of that Act was omitted in the general revision of

subchapter V of this chapter by Pub. L. 102-408, title I, Sec. 102,

Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102-408 enacted a new

section 701 of act July 1, 1944, relating to statement of purpose,

and a new section 702, relating to scope and duration of loan

insurance program, which are classified to sections 292 and 292a, and 292a,

respectively, of this title. For provisions relating to

definitions, see section 295p of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 300u-5, act July 1, 1944, ch. 373, title XVII,

Sec. 1706, as added June 23, 1976, Pub. L. 94-317, title I, Sec.

102, 90 Stat. 700; amended Nov. 10, 1978, Pub. L. 95-626, title V,

Sec. 501, 92 Stat. 3592; Jan. 4, 1983, Pub. L. 97-414, Sec. 8(r),

96 Stat. 2062, related to establishment of the Office of Health

Promotion, prior to repeal by Pub. L. 98-551, Sec. 2(c), Oct. 30,

1984, 98 Stat. 2816.

AMENDMENTS1998 - Subsec. (e). Pub. L. 105-340 substituted "2003" for

"1998".

1993 - Subsec. (e). Pub. L. 103-183 substituted "through 1998"

for "through 1996".

1992 - Subsec. (c)(2). Pub. L. 102-531, which directed amendment

of subsec. (c)(2)(B) by substituting "Centers for Disease Control

and Prevention" for "Centers for Disease Control", was executed by

making the substitution in subsec. (c)(2) to reflect the probable

intent of Congress and the redesignation of subsec. (c)(2)(B) as

subsec. (c)(2) by Pub. L. 102-168. See 1991 Amendment note below.

1991 - Subsec. (c). Pub. L. 102-168, Sec. 102(b), redesignated

subpars. (A) and (B) of par. (2) as pars. (1) and (2),

respectively, and struck out former par. (1), which read as

follows: "During fiscal year 1985, the Secretary shall make grants

or enter into contracts for the establishment of three centers

under this section. During fiscal year 1986, the Secretary shall

make grants and enter into contracts for the establishment of five

centers under this section and the maintenance and operation of the

three centers established under this section in fiscal year 1985.

During fiscal year 1987, the Secretary shall make grants and enter

into contracts for the establishment of five centers under this

section and the operation and maintenance of the eight centers

established under this section in fiscal years 1985 and 1986."

Subsec. (e). Pub. L. 102-168, Sec. 102(a), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "To

carry out this section, there are authorized to be appropriated

$3,000,000 for the fiscal year ending September 30, 1985,

$8,000,000 for the fiscal year ending September 30, 1986,

$13,000,000 for the fiscal year ending September 30, 1987,

$6,000,000 for fiscal year 1989, $8,000,000 for fiscal year 1990,

and $10,000,000 for fiscal year 1991."

1988 - Subsec. (e). Pub. L. 100-607 struck out "and" after

"1986," and inserted ", $6,000,000 for fiscal year 1989, $8,000,000

for fiscal year 1990, and $10,000,000 for fiscal year 1991" before

period at end.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

Descargar

Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # The Public Health and Welfare

Te va a interesar