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Title 42, The Public Health and WelfareRelease 119-73not60

§280h–4 Grants for the Establishment of School-based Health Centers

Title 42 › Chapter 6A— PUBLIC HEALTH SERVICE › Subchapter II— GENERAL POWERS AND DUTIES › Part Q— Programs To Improve the Health of Children › § 280h–4

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Health and Human Services must set up a grant program to help run school-based health centers. Grants go to school-based health centers or their sponsoring facilities that apply in the way the Secretary requires and promise not to use the grant money to provide any service that federal, state, or local law does not allow. Grants should be given first to centers that serve many children eligible for Medicaid (Title XIX) or the State Children’s Health Insurance Program (Title XXI), including under waivers. Money from the grants can only pay for buildings, land, equipment, or similar capital costs as the Secretary allows. Grant funds cannot pay for staff or to deliver health services. Congress appropriated $50,000,000 for each fiscal year 2010 through 2013 for this program, and the funds remain available until spent. The terms “school-based health center” and “sponsoring facility” are defined in section 2110(c)(9) of the Social Security Act.

Full Legal Text

Title 42, §280h–4

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

(1)The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall establish a program to award grants to eligible entities to support the operation of school-based health centers.
(2)To be eligible for a grant under this section, an entity shall—
(A)be a school-based health center or a sponsoring facility of a school-based health center; and
(B)submit an application at such time, in such manner, and containing such information as the Secretary may require, including at a minimum an assurance that funds awarded under the grant shall not be used to provide any service that is not authorized or allowed by Federal, State, or local law.
(3)In awarding grants under this section,11 See References in Text note below. the Secretary shall give preference to awarding grants for school-based health centers that serve a large population of children eligible for medical assistance under the State Medicaid plan under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] or under a waiver of such plan or children eligible for child health assistance under the State child health plan under title XXI of that Act (42 U.S.C. 1397aa et seq.).
(4)An eligible entity shall use funds provided under a grant awarded under this section only for expenditures for facilities (including the acquisition or improvement of land, or the acquisition, construction, expansion, replacement, or other improvement of any building or other facility), equipment, or similar expenditures, as specified by the Secretary. No funds provided under a grant awarded under this section 1 shall be used for expenditures for personnel or to provide health services.
(5)Out of any funds in the Treasury not otherwise appropriated, there is appropriated for each of fiscal years 2010 through 2013, $50,000,000 for the purpose of carrying out this section. Funds appropriated under this paragraph shall remain available until expended.
(6)In this section, the terms “school-based health center” and “sponsoring facility” have the meanings given those terms in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9)).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This section, referred to in par. (3) and in par. (4) the second place it appears, was in the original “this section”, meaning section 4101 of Pub. L. 111–148, which enacted this section and section 280h–5 of this title. The Social Security Act, referred to in par. (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. Codification Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 280h–4

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60