---
kind: "section"
citation: "42 U.S.C. § 280h–4"
title: "42"
title_heading: "The Public Health and Welfare"
number: "280h–4"
heading: "Grants for the establishment of school-based health centers"
release: "119-102"
url: "https://uscodex.org/usc/42/280h-4"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter II — General Powers and Duties"
  - "Part Q — Programs To Improve the Health of Children"
---

# §280h–4. Grants for the establishment of school-based health centers

- (1) **Program—** The [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a) (in this section referred to as the “[Secretary](/usc/42/201.md?p=c)”) shall establish a [program](/usc/42/274l–1.md?p=4) to award grants to [eligible entities](/usc/42/296.md?p=1) to support the operation of [school-based health centers](#6).
- (2) **Eligibility—** To be eligible for a grant under this section, an entity shall—
  - (A) be a [school-based health center](#6) or a [sponsoring facility](#6) of a [school-based health center](#6); and
  - (B) submit an application at such time, in such manner, and containing such information as the [Secretary](/usc/42/201.md?p=c) may require, including at a minimum an assurance that [funds](/usc/42/12854.md?p=3) awarded under the grant shall not be used to provide any [service](/usc/42/201.md?p=a) that is not authorized or allowed by Federal, [State](/usc/42/300gg–91.md?p=d-14), or local law.
- (3) **Preference—** In awarding grants under this section,[^1] the [Secretary](/usc/42/201.md?p=c) shall give preference to awarding grants for [school-based health centers](#6) that serve a large population of [children](/usc/42/256e.md?p=g-2) eligible for medical assistance under the [State](/usc/42/300gg–91.md?p=d-14) Medicaid plan under title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.] or under a waiver of such plan or [children](/usc/42/256e.md?p=g-2) eligible for [child health assistance](/usc/42/1397ll.md?p=d-1) under the [State child health plan](/usc/42/1397jj.md?p=c-7) under title XXI of that Act ([42 U.S.C. 1397aa](/usc/42/1397aa.md) et seq.).
- (4) **Limitation on use of funds—** An [eligible entity](/usc/42/256a.md?p=l-1) shall use [funds](/usc/42/12854.md?p=3) provided under a grant awarded under this section only for expenditures for [facilities](/usc/42/11049.md?p=4) (including the acquisition or improvement of land, or the acquisition, [construction](/usc/42/7479.md?p=2-C), expansion, replacement, or other improvement of any [building](/usc/42/6881.md?p=i-3) or other [facility](/usc/42/11049.md?p=4)), equipment, or similar expenditures, as specified by the [Secretary](/usc/42/201.md?p=c). No [funds](/usc/42/12854.md?p=3) provided under a grant awarded under this section[^1] shall be used for expenditures for personnel or to provide health [services](/usc/42/201.md?p=a).
- (5) **Appropriations—** Out of any [funds](/usc/42/12854.md?p=3) 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](/usc/42/12854.md?p=3) appropriated under this paragraph shall remain available until expended.
- (6) **Definitions—** 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)](/usc/42/1397jj.md?p=c-9)).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 111–148, title IV, § 4101(a), Mar. 23, 2010, 124 Stat. 546.)

## Notes

### 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.