Title 42, The Public Health and WelfareRelease 119-110

§1397h Program for Early Detection of Certain Medical Conditions Related to Environmental Health Hazards

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XX — BLOCK GRANTS AND PROGRAMS FOR SOCIAL SERVICES AND ELDER JUSTICE › § 1397h

Last updated Sep 22, 2026|Official source

Summary

The Secretary must create a grant program that pays organizations to do two things: screen people who are at risk for health problems from hazardous pollution at certain Superfund sites, and share public information about the screening, how to detect, prevent, and treat those conditions, and the Medicare benefits available under section 1395rr–1 for people who are diagnosed. Eligible groups that can apply include hospitals or community health centers, Federally qualified health centers, Indian Health Service facilities, National Cancer Institute cancer centers, state or local agencies, nonprofits, and others the Secretary approves. Key terms: “at‑risk individual” — someone who lived a total of 6 months in an area covered by a public health emergency declaration during a period ending not less than 10 years before their screening application and before certain cleanup decisions for Operating Units 4 and 7, or who meets other criteria the Secretary sets, and who has an application for screening; “emergency declaration” — a public health emergency under section 9604(a); “environmental health condition” — includes asbestosis and related pleural conditions (diagnosed by qualified x‑ray/CT readings or other standards), mesothelioma and certain cancers of listed organs (diagnosed by pathology, cytology, or other standards), and any other condition the Secretary finds caused by exposure at an applicable Superfund site. The words hazardous substance, pollutant, contaminant, and Superfund site use the meanings in sections 9601 and 9605. The program does not change other health coverage rules. Funding provided is $23,000,000 for fiscal years 2010–2014 and $20,000,000 for each later five‑year period, and the money stays available until spent. Most other grant rules in the subchapter do not apply, except section 1397d(a) applies similarly but will not stop grantees from doing the authorized screenings.

Full Legal Text

Title 42, §1397h

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Program establishment
The Secretary shall establish a program in accordance with this section to make competitive grants to eligible entities specified in subsection (b) for the purpose of— (1)
(2)developing and disseminating public information and education concerning—
(A)the availability of screening under the program under this section;
(B)the detection, prevention, and treatment of environmental health conditions; and
(C)the availability of Medicare benefits for certain individuals diagnosed with environmental health conditions under section 1395rr–1 of this title.
(b)Eligible entities
(1)In general
For purposes of this section, an eligible entity is an entity described in paragraph (2) which submits an application to the Secretary in such form and manner, and containing such information and assurances, as the Secretary determines appropriate.
(2)Types of eligible entities
The entities described in this paragraph are the following:
(A)A hospital or community health center.
(B)A Federally qualified health center.
(C)A facility of the Indian Health Service.
(D)A National Cancer Institute-designated cancer center.
(E)An agency of any State or local government.
(F)A nonprofit organization.
(G)Any other entity the Secretary determines appropriate.
(c)Definitions
In this section: (1) At-risk individual
(2)Emergency declaration
The term “emergency declaration” means a declaration of a public health emergency under section 9604(a) of this title.
(3)Environmental health condition
The term “environmental health condition” means—
(A)asbestosis, pleural thickening, or pleural plaques, as established by—
(i)interpretation by a “B Reader” qualified physician of a plain chest x-ray or interpretation of a computed tomographic radiograph of the chest by a qualified physician, as determined by the Secretary; or
(ii)such other diagnostic standards as the Secretary specifies;
(B)mesothelioma, or malignancies of the lung, colon, rectum, larynx, stomach, esophagus, pharynx, or ovary, as established by—
(i)pathologic examination of biopsy tissue;
(ii)cytology from bronchioalveolar lavage; or
(iii)such other diagnostic standards as the Secretary specifies; and
(C)any other medical condition which the Secretary determines is caused by exposure to a hazardous substance or pollutant or contaminant at a Superfund site to which an emergency declaration applies, based on such criteria and as established by such diagnostic standards as the Secretary specifies.
(4)Hazardous substance; pollutant; contaminant
The terms “hazardous substance”, “pollutant”, and “contaminant” have the meanings given those terms in section 9601 of this title.
(5)Superfund site
The term “Superfund site” means a site included on the National Priorities List developed by the President in accordance with section 9605(a)(8)(B) of this title.
(d)Health coverage unaffected
Nothing in this section shall be construed to affect any coverage obligation of a governmental or private health plan or program relating to an at-risk individual.
(e)Funding
(1)In general
Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary, to carry out the program under this section— (A)
(B)$20,000,000 for each 5-fiscal year period thereafter.
(2)Availability
Funds appropriated under paragraph (1) shall remain available until expended.
(f)Nonapplication
(1)In general
Except as provided in paragraph (2), the preceding sections of this subchapter shall not apply to grants awarded under this section.
(2)Limitations on use of grants
section 1397d(a) of this title shall apply to a grant awarded under this section to the same extent and in the same manner as such section applies to payments to States under this subchapter, except that paragraph (4) of such section shall not be construed to prohibit grantees from conducting screening for environmental health conditions as authorized under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 111–148, title X, § 10323(b), Mar. 23, 2010, 124 Stat. 957, which directed amendment of title XX of act Aug. 14, 1935, by adding this section at the end, was executed by adding this section at the end of subtitle A of title XX of that Act, which is this division, to reflect the probable intent of Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1397h

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110