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

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-11. Clinical evaluation units at National Institutes of

Health

-STATUTE-

(a) In general

The Secretary, acting through the Director of the National Cancer

Institute and the Director of the National Institute of Allergy and

Infectious Diseases, shall for each such Institute establish a

clinical evaluation unit at the Clinical Center at the National

Institutes of Health. Each of the clinical evaluation units -

(1) shall conduct clinical evaluations of experimental

treatments for acquired immune deficiency syndrome developed

within the preclinical drug development program, including

evaluations of methods of diagnosing immune deficiency and

evaluations of methods of predicting, diagnosing, preventing, and

treating opportunistic cancers and infectious diseases; and

(2) may conduct clinical evaluations of experimental treatments

for such syndrome that are developed by any other national

research institute of the National Institutes of Health or by any

other entity.

(b) Personnel and administrative support

(1) For the purposes described in subsection (a) of this section,

the Secretary, acting through the Director of the National

Institutes of Health, shall provide each of the clinical evaluation

units required in such subsection -

(A)(i) with not less than 50 beds; or

(ii) with an outpatient clinical capacity equal to not less

than twice the outpatient clinical capacity, with respect to

acquired immune deficiency syndrome, possessed by the Clinical

Center of the National Institutes of Health on June 1, 1988; and

(B) with such personnel, such administrative support, and such

other support services as may be necessary.

(2) Facilities, personnel, administrative support, and other

support services provided pursuant to paragraph (1) shall be in

addition to the number or level of facilities, personnel,

administrative support, and other support services that otherwise

would be available at the Clinical Center at the National

Institutes of Health for the provision of clinical care for

individuals with diseases or disorders.

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2311, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3066;

amended Pub. L. 103-43, title XVIII, Sec. 1811(2), June 10,

1993,107 Stat. 199.)

-MISC1-

PRIOR PROVISIONS

A prior section 300cc-11, act July 1, 1944, Sec. 2312, was

successively renumbered by subsequent acts and transferred, see

section 238i of this title.

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-43 inserted before semicolon

at end ", including evaluations of methods of diagnosing immune

deficiency and evaluations of methods of predicting, diagnosing,

preventing, and treating opportunistic cancers and infectious

diseases".

-End-

-CITE-

42 USC Sec. 300cc-12 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-12. Use of investigational new drugs with respect to

acquired immune deficiency syndrome

-STATUTE-

(a) Encouragement of applications with respect to clinical trials

(1) If, in the determination of the Secretary, there is

preliminary evidence that a new drug has effectiveness in humans

with respect to the prevention or treatment of acquired immune

deficiency syndrome, the Secretary shall, through statements

published in the Federal Register -

(A) announce the fact of such determination; and

(B) with respect to the new drug involved, encourage an

application for an exemption for investigational use of the new

drug under regulations issued under section 355(i) of title 21.

(2)(A) The AIDS Research Advisory Committee established pursuant

to section 300cc-3 of this title shall make recommendations to the

Secretary with respect to new drugs appropriate for determinations

described in paragraph (1).

(B) The Secretary shall, as soon as is practicable, determine the

merits of recommendations received by the Secretary pursuant to

subparagraph (A).

(b) Encouragement of applications with respect to treatment use in

circumstances other than clinical trials

(1) In the case of a new drug with respect to which the Secretary

has made a determination described in subsection (a) of this

section and with respect to which an exemption is in effect for

purposes of section 355(i) of title 21, the Secretary shall -

(A) as appropriate, encourage the sponsor of the investigation

of the new drug to submit to the Secretary, in accordance with

regulations issued under such section, an application to use the

drug in the treatment of individuals -

(i) who are infected with the etiologic agent for acquired

immune deficiency syndrome; and

(ii) who are not participating in the clinical trials

conducted pursuant to such exemption; and

(B) if such an application is approved, encourage, as

appropriate, licensed medical practitioners to obtain, in

accordance with such regulations, the new drug from such sponsor

for the purpose of treating such individuals.

(2) If the sponsor of the investigation of a new drug described

in paragraph (1) does not submit to the Secretary an application

described in such paragraph (relating to treatment use), the

Secretary shall, through statements published in the Federal

to submit to the Secretary such applications in accordance with

regulations described in such paragraph.

In the case of a new drug with respect to which the Secretary has

made a determination described in subsection (a) of this section,

the Secretary may, directly or through grants or contracts, provide

technical assistance with respect to the process of -

(1) submitting to the Secretary applications for exemptions

described in paragraph (1)(B) of such subsection;

(2) submitting to the Secretary applications described in

subsection (b) of this section; and

(3) with respect to sponsors of investigations of new drugs,

facilitating the transfer of new drugs from such sponsors to

licensed medical practitioners.

(d) "New drug" defined

For purposes of this section, the term "new drug" has the meaning

given such term in section 321 of title 21.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2312, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3066;

amended Pub. L. 103-43, title XX, Sec. 2008(d)(2), June 10, 1993,

107 Stat. 212.)

-MISC1-

PRIOR PROVISIONS

A prior section 300cc-12, act July 1, 1944, Sec. 2313, was

successively renumbered by subsequent acts and transferred, see

section 238j of this title.

AMENDMENTS

1993 - Subsec. (a)(2)(A). Pub. L. 103-43 substituted "AIDS

Research Advisory Committee" for "AIDS Clinical Research Review

Committee".

-End-

-CITE-

42 USC Sec. 300cc-13 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-13. Terry Beirn Community-Based AIDS Research Initiative

-STATUTE-

(a) In general

After consultation with the Commissioner of Food and Drugs, the

Director of the National Institutes of Health, acting through the

Director of the National Institute of Allergy and Infectious

Diseases, may make grants to public entities and nonprofit private

entities concerned with acquired immune deficiency syndrome, and

may enter into contracts with public and private such (!1)

entities, for the purpose of planning and conducting, in the

community involved, clinical trials of experimental treatments for

infection with the etiologic agent for such syndrome that are

approved by the Commissioner of Food and Drugs for investigational

use under regulations issued under section 355 of title 21.

(b) Requirement of certain projects

(1) Financial assistance under subsection (a) of this section

shall include such assistance to community-based organizations and

community health centers for the purpose of -

(A) retaining appropriate medical supervision;

(B) assisting with administration, data collection and record

management; and

practitioners, physicians' assistants and other health

professionals for the purpose of conducting clinical trials.

(2)(A) Financial assistance under subsection (a) of this section

shall include such assistance for demonstration projects designed

to implement and conduct community-based clinical trials in order

to provide access to the entire scope of communities affected by

infections with the etiologic agent for acquired immune deficiency

syndrome, including minorities, hemophiliacs and

transfusion-exposed individuals, women, children, users of

intravenous drugs, and individuals who are asymptomatic with

respect to such infection.

(B) The Director of the National Institutes of Health may not

provide financial assistance under this paragraph unless the

application for such assistance is approved -

(i) by the Commissioner of Food and Drugs;

(ii) by a duly constituted Institutional Review Board that

meets the requirements of part 56 of title 21, Code of Federal

Regulations; and

(iii) by the Director of the National Institute of Allergy and

Infectious Diseases.

primary providers

Programs carried out with financial assistance provided under

subsection (a) of this section shall be designed to encourage

private industry and schools of medicine, osteopathic medicine, and

existing consortia of primary care providers organized to conduct

clinical research concerning acquired immune deficiency syndrome to

participate in, and to support, the clinical trials conducted

pursuant to the programs.

(d) Requirement of application

The Secretary may not provide financial assistance under

subsection (a) of this section unless -

(1) an application for the assistance is submitted to the

Secretary;

(2) with respect to carrying out the purpose for which the

assistance is to be made, the application provides assurances of

compliance satisfactory to the Secretary; and

(3) the application otherwise 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

section.

(e) Authorization of appropriations

(1) For the purpose of carrying out subsection (b)(1) of this

section, there are authorized to be appropriated such sums as may

be necessary for each of the fiscal years 1989 through 1996.

(2) For the purpose of carrying out subsection (b)(2) of this

section, there are authorized to be appropriated such sums as may

be necessary for each of the fiscal years 1989 through 1996.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2313, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3068;

amended Pub. L. 100-690, title II, Sec. 2617(b), Nov. 18, 1988, 102

Stat. 4240; Pub. L. 101-93, Sec. 6, Aug. 16, 1989, 103 Stat. 615;

Pub. L. 102-96, Sec. 3, Aug. 14, 1991, 105 Stat. 481.)

-MISC1-

PRIOR PROVISIONS

A prior section 300cc-13, act July 1, 1944, Sec. 2314, was

successively renumbered by subsequent acts and transferred, see

section 238k of this title.

AMENDMENTS

1991 - Pub. L. 102-96, Sec. 3(1), substituted "Terry Beirn

Community-Based AIDS Research Initiative" for "Community-based

evaluations of experimental therapies" in section catchline.

Subsec. (c). Pub. L. 102-96, Sec. 3(2), substituted ", schools of

medicine and primary providers" for "and schools of medicine" in

heading and substituted "schools of medicine, osteopathic medicine,

and existing consortia of primary care providers organized to

conduct clinical research concerning acquired immune deficiency

syndrome" for "schools of medicine and osteopathic medicine".

Subsec. (e). Pub. L. 102-96, Sec. 3(3), substituted "1996" for

"1991" in pars. (1) and (2).

1989 - Subsec. (c). Pub. L. 101-93 inserted "and osteopathic

medicine" after "schools of medicine".

1988 - Subsec. (a). Pub. L. 100-690, Sec. 2617(b)(1), which

directed substitution of "through the Director of the National

Institute of Allergy" for "through the National Institutes of

Allergy", was executed by making substitution for "through the

National Institute of Allergy" as the probable intent of Congress.

Subsec. (b)(2)(B)(iii). Pub. L. 100-690, Sec. 2617(b)(2), which

directed substitution of "Institute" for "Institutes", could not be

executed because "Institute" was singular in original.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH

CENTER CONSIDERED REFERENCE TO HEALTH CENTER

Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.

FINDINGS AND SENSE OF CONGRESS

Section 2 of Pub. L. 102-96 provided that:

"(a) Findings. - Congress finds that -

"(1) community-based clinical trials complement the National

Institute of Allergy and Infectious Diseases' university-based

research in order to provide increased access to experimental

therapies;

"(2) community-based clinical trials provide an efficient and

cost-effective means to develop new HIV-related treatments,

benefiting all people living with HIV disease and other

illnesses; and

"(3) because the community-based clinical trials model has a

proven ability to conduct rapid trials that meet the very highest

standards of scientific inquiry, this program should be

reauthorized and significantly expanded.

"(b) Sense of Congress. - It is the sense of Congress that,

because of Terry Beirn's tireless efforts to foster a partnership

among all parties invested in AIDS research (including the National

Institutes of Health university-based research system, primary care

physicians practicing in the community, and patients), the

community-based clinical trials program should be renamed as the

'Terry Beirn Community-Based AIDS Research Initiative' in his

honor."

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 300cc-14 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-14. Evaluation of certain treatments

-STATUTE-

(a) Establishment of program

(1) After consultation with the AIDS Research Advisory Committee

established pursuant to section 300cc-3 of this title, the

Secretary shall establish a program for the evaluation of drugs

that -

(A) are not approved by the Commissioner of Food and Drugs for

the purpose of treatments with respect to acquired immune

deficiency syndrome; and

(B) are being utilized for such purpose by individuals infected

with the etiologic agent for such syndrome.

(2) The program established under paragraph (1) shall include

evaluations of the effectiveness and the risks of the treatment

involved, including the risks of foregoing treatments with respect

to acquired immune deficiency syndrome that are approved by the

Commissioner of Food and Drugs.

(b) Authority with respect to grants and contracts

(1) For the purpose of conducting evaluations required in

subsection (a) of this section, the Secretary may make grants to,

and enter into cooperative agreements and contracts with, public

and nonprofit private entities.

(2) Nonprofit private entities under paragraph (1) may include

nonprofit private organizations that -

(A) are established for the purpose of evaluating treatments

with respect to acquired immune deficiency syndrome; and

(B) consist primarily of individuals infected with the

etiologic agent for such syndrome.

(1) The Secretary shall establish appropriate scientific and

ethical guidelines for the conduct of evaluations carried out

pursuant to this section. The Secretary may not provide financial

assistance under subsection (b)(1) of this section unless the

applicant for such assistance agrees to comply with such

guidelines.

(2) The Secretary may establish the guidelines described in

paragraph (1) only after consulting with -

(A) physicians whose clinical practice includes a significant

number of individuals with acquired immune deficiency syndrome;

(B) individuals who are infected with the etiologic agent for

such syndrome; and

(d) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2314, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3069;

amended Pub. L. 103-43, title XX, Sec. 2008(d)(3), June 10, 1993,

107 Stat. 212.)

-MISC1-

PRIOR PROVISIONS

A prior section 300cc-14, act July 1, 1944, Sec. 2315, was

successively renumbered by subsequent acts and transferred, see

section 238l of this title.

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-43 substituted "AIDS Research

Advisory Committee" for "Clinical Research Review Committee" in

introductory provisions.

-End-

-CITE-

42 USC Sec. 300cc-15 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-15. Support of international efforts

-STATUTE-

(a) Grants and contracts for research

(1) Under section 242l of this title, the Secretary, acting

through the Director of the National Institutes of Health -

(A) shall, for the purpose described in paragraph (2), make

grants to, enter into cooperative agreements and contracts with,

and provide technical assistance to, international organizations

concerned with public health; and

(B) may, for such purpose, provide technical assistance to

foreign governments.

(2) The purpose referred to in paragraph (1) is promoting and

expediting international research and training concerning the

natural history and pathogenesis of the human immunodeficiency

virus and the development and evaluation of vaccines and treatments

for acquired immune deficiency syndrome and opportunistic

infections.

(b) Grants and contracts for additional purposes

After consultation with the Administrator of the Agency for

International Development, the Secretary, acting through the

Director of the Centers for Disease Control and Prevention, shall

under section 242l of this title make grants to, enter into

contracts with, and provide technical assistance to, international

organizations concerned with public health and may provide

technical assistance to foreign governments, in order to support -

(1) projects for training individuals with respect to

developing skills and technical expertise for use in the

prevention, diagnosis, and treatment of acquired immune

deficiency syndrome; and

(2) epidemiological research relating to acquired immune

deficiency syndrome.

Support provided by the Secretary pursuant to this section shall

be in furtherance of the global strategy of the World Health

Organization Special Programme on Acquired Immunodeficiency

Syndrome.

(d) Preferences

In providing grants, cooperative agreements, contracts, and

technical assistance under subsections (a) and (b) of this section,

the Secretary shall -

(1) give preference to activities under such subsections

conducted by, or in cooperation with, the World Health

Organization; and

(2) with respect to activities carried out under such

subsections in the Western Hemisphere, give preference to

activities conducted by, or in cooperation with, the Pan American

Health Organization or the World Health Organization.

(e) Requirement of application

The Secretary may not make a grant or enter into a cooperative

agreement or contract under this section unless -

(1) an application for such assistance is submitted to the

Secretary;

(2) with respect to carrying out the purpose for which such

assistance is to be provided, the application provides assurances

of compliance satisfactory to the Secretary; and

(3) the application otherwise 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

section.

(f) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each fiscal year.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2315, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3070;

amended Pub. L. 102-531, title III, Sec. 312(d)(18), Oct. 27, 1992,

106 Stat. 3505; Pub. L. 103-43, title XVIII, Sec. 1811(3), June 10,

1993, 107 Stat. 199.)

-MISC1-

PRIOR PROVISIONS

A prior section 300cc-15, act July 1, 1944, Sec. 2316, was

successively renumbered by subsequent acts and transferred, see

section 238m of this title.

AMENDMENTS

1993 - Subsec. (a)(2). Pub. L. 103-43, Sec. 1811(3)(A),

substituted "international research and training concerning the

natural history and pathogenesis of the human immunodeficiency

virus and the development and evaluation of vaccines and treatments

for acquired immune deficiency syndrome and opportunistic

infections" for "international research concerning the development

and evaluation of vaccines and treatments for acquired immune

deficiency syndrome".

Subsec. (f). Pub. L. 103-43, Sec. 1811(3)(B), substituted "such

sums as may be necessary for each fiscal year" for "there are

authorized to be appropriated $40,000,000 for fiscal year 1989 and

such sums as may be necessary for each of the fiscal years 1990 and

1991".

1992 - Subsec. (b). Pub. L. 102-531 substituted "Centers for

Disease Control and Prevention" for "Centers for Disease Control".

-End-

-CITE-

42 USC Sec. 300cc-16 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-16. Research centers

-STATUTE-

(a) In general

(1) The Secretary, acting through the Director of the National

Institute of Allergy and Infectious Diseases, may make grants to,

and enter into contracts with, public and nonprofit private

entities to assist such entities in planning, establishing, or

strengthening, and providing basic operating support for, centers

for basic and clinical research into, and training in, advanced

diagnostic, prevention, and treatment methods for acquired immune

deficiency syndrome.

(2) A grant or contract under paragraph (1) shall be provided in

accordance with policies established by the Secretary, acting

through the Director of the National Institutes of Health, and

after consultation with the advisory council for the National

Institute of Allergy and Infectious Diseases.

(3) The Secretary shall ensure that, as appropriate, clinical

research programs carried out under paragraph (1) include as

research subjects women, children, hemophiliacs, and minorities.

(b) Use of financial assistance

(1) Financial assistance under subsection (a) of this section may

be expended for -

(A) the renovation or leasing of space;

(B) staffing and other basic operating costs, including such

patient care costs as are required for clinical research;

deficiency syndrome (including such training for allied health

professionals); and

(D) demonstration purposes, including projects in the long-term

monitoring and outpatient treatment of individuals infected with

the etiologic agent for such syndrome.

(2) Financial assistance under subsection (a) of this section may

not be expended to provide research training for which Ruth L.

Kirschstein National Research Service Awards may be provided under

section 288 of this title.

Support of a center under subsection (a) of this section may be

for not more than five years. Such period may be extended by the

Director for additional periods of not more than five years each if

the operations of such center have been reviewed by an appropriate

technical and scientific peer review group established by the

Director and if such group has recommended to the Director that

such period should be extended.

(d) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2316, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3071;

amended Pub. L. 107-206, title I, Sec. 804(c), Aug. 2, 2002, 116

Stat. 874.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-206 substituted "Ruth L.

Kirschstein National Research Service Awards" for "National

Research Service Awards".

-End-

-CITE-

42 USC Sec. 300cc-17 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-17. Information services

-STATUTE-

(a) Establishment of program

The Secretary shall establish, maintain, and operate a program

with respect to information on research, treatment, and prevention

activities relating to infection with the etiologic agent for

acquired immune deficiency syndrome. The program shall, with

respect to the agencies of the Department of Health and Human

Services, be integrated and coordinated.

(b) Toll-free telephone communications for health care entities

(1) After consultation with the Director of the Office of AIDS

Research, the Administrator of the Health Resources and Services

Administration, and the Director of the Centers for Disease Control

and Prevention, the Secretary shall provide for toll-free telephone

communications to provide medical and technical information with

respect to acquired immune deficiency syndrome to health care

professionals, allied health care providers, and to professionals

providing emergency health services.

(2) Information provided pursuant to paragraph (1) shall include

(A) information on prevention of exposure to, and the

transmission of, the etiologic agent for acquired immune

deficiency syndrome; and

(B) information contained in the data banks established in

subsections (c) and (d) of this section.

(1) After consultation with the Director of the Office of AIDS

Research, the Director of the Centers for Disease Control and

Prevention, and the National Library of Medicine, the Secretary

shall establish a data bank of information on the results of

research with respect to acquired immune deficiency syndrome

conducted in the United States and other countries.

(2) In carrying out paragraph (1), the Secretary shall collect,

catalog, store, and disseminate the information described in such

paragraph. To the extent practicable, the Secretary shall make such

information available to researchers, physicians, and other

appropriate individuals, of countries other than the United States.

(d) Data bank on clinical trials and treatments

(1) After consultation with the Commissioner of Food and Drugs,

the AIDS Research Advisory Committee established under section

300cc-3 of this title, and the Director of the Office of AIDS

Research, the Secretary shall, in carrying out subsection (a) of

this section, establish a data bank of information on clinical

trials and treatments with respect to infection with the etiologic

agent for acquired immune deficiency syndrome (hereafter in this

section referred to as the "Data Bank").

(2) In carrying out paragraph (1), the Secretary shall collect,

catalog, store, and disseminate the information described in such

paragraph. The Secretary shall disseminate such information through

information systems available to individuals infected with the

etiologic agent for acquired immune deficiency syndrome, to other

members of the public, to health care providers, and to

researchers.

(e) Requirements with respect to data bank on clinical trials and

treatments

The Data Bank shall include the following:

(1) A registry of clinical trials of experimental treatments

for acquired immune deficiency syndrome and related illnesses

conducted under regulations promulgated pursuant to section 355

of title 21 that provides a description of the purpose of each

experimental drug protocol either with the consent of the

protocol sponsor, or when a trial to test efficacy begins.

Information provided shall include eligibility criteria and the

location of trial sites, and must be forwarded to the Data Bank

by the sponsor of the trial not later than 21 days after the

approval by the Food and Drug Administration.

(2) Information pertaining to experimental treatments for

acquired immune deficiency syndrome that may be available under a

treatment investigational new drug application that has been

submitted to the Food and Drug Administration pursuant to part

312 of title 21, Code of Federal Regulations. The Data Bank shall

also include information pertaining to the results of clinical

trials of such treatments, with the consent of the sponsor, of

such experimental treatments, including information concerning

potential toxicities or adverse effects associated with the use

or administration of such experimental treatment.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2317, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3071;

amended Pub. L. 100-690, title II, Sec. 2617(c), Nov. 18, 1988, 102

Stat. 4240; Pub. L. 102-531, title III, Sec. 312(d)(19), Oct. 27,

1992, 106 Stat. 3505; Pub. L. 103-43, title XX, Sec. 2008(d)(4),

June 10, 1993, 107 Stat. 212.)

-MISC1-

AMENDMENTS

1993 - Subsec. (d)(1). Pub. L. 103-43 substituted "AIDS Research

Advisory Committee established under section 300cc-3 of this title"

for "Clinical Research Review Committee".

1992 - Subsecs. (b)(1), (c)(1). Pub. L. 102-531 substituted

"Centers for Disease Control and Prevention" for "Centers for

Disease Control".

1988 - Subsec. (e). Pub. L. 100-690 substituted "data bank on

clinical trials and treatments" for "data bank" in heading.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-End-

-CITE-

42 USC Sec. 300cc-18 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-18. Development of model protocols for clinical care of

infected individuals

-STATUTE-

(a) In general

(1) The Secretary, acting through the Director of the National

Institutes of Health and after consultation with the Director of

the Agency for Healthcare Research and Quality, may make grants to

public and nonprofit private entities for the establishment of

projects to develop model protocols for the clinical care of

individuals infected with the etiologic agent for acquired immune

deficiency syndrome, including treatment and prevention of HIV

infection and related conditions among women.

(2) The Secretary may not make a grant under paragraph (1) unless

(A) the applicant for the grant is a provider of comprehensive

primary care; or

(B) the applicant for the grant agrees, with respect to the

project carried out pursuant to paragraph (1), to enter into a

cooperative arrangement with an entity that is a provider of

comprehensive primary care.

(b) Requirement of provision of certain services

The Secretary may not make a grant under subsection (a) of this

section unless the applicant for the grant agrees that, with

respect to patients participating in the project carried out with

the grant, services provided pursuant to the grant will include -

(1) monitoring, in clinical laboratories, of the condition of

such patients;

(2) clinical intervention for infection with the etiologic

agent for acquired immune deficiency syndrome, including measures

for the prevention of conditions arising from the infection;

(3) information and counseling on the availability of

treatments for such infection approved by the Commissioner of

Food and Drugs, on the availability of treatments for such

infection not yet approved by the Commissioner, and on the

reports issued by the AIDS Research Advisory Committee under

section 300cc-3(c)(2)(B) of this title;

(4) support groups; and

(5) information on, and referrals to, entities providing

appropriate social support services.

The Secretary may not make a grant under subsection (a) of this

section unless the applicant for the grant agrees that, if the

applicant will routinely impose a charge for providing services

pursuant to the grant, the applicant will not impose the charge on

any individual seeking such services who is unable to pay the

charge.

(d) Evaluation and reports

(1) The Secretary may not make a grant under subsection (a) of

this section unless the applicant for the grant agrees, with

respect to the project carried out pursuant to subsection (a) of

this section, to submit to the Secretary -

(A) information sufficient to assist in the replication of the

model protocol developed pursuant to the project; and

(B) such reports as the Secretary may require.

(2) The Secretary shall provide for evaluations of projects

carried out pursuant to subsection (a) of this section and shall

annually submit to the Congress a report describing such projects.

The report shall include the findings made as a result of such

evaluations and may include any recommendations of the Secretary

for appropriate administrative and legislative initiatives with

respect to the program established in this section.

(e) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 1989 through 1991, and such sums as may be

necessary for each of the fiscal years 1994 through 1996.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2318, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3073;

amended Pub. L. 103-43, title XVIII, Sec. 1811(4), title XX, Sec.

2008(d)(5), June 10, 1993, 107 Stat. 199, 212; Pub. L. 106-129,

Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-129 substituted "Director of

the Agency for Healthcare Research and Quality" for "Administrator

for Health Care Policy and Research".

1993 - Subsec. (a)(1). Pub. L. 103-43, Sec. 1811(4)(A), inserted

", acting through the Director of the National Institutes of Health

and after consultation with the Administrator for Health Care

Policy and Research," after "The Secretary" and ", including

treatment and prevention of HIV infection and related conditions

among women" after "syndrome".

Subsec. (b)(3). Pub. L. 103-43, Sec. 2008(d)(5), substituted

"AIDS Research Advisory Committee" for "Clinical Research Review

Committee".

Subsec. (e). Pub. L. 103-43, Sec. 1811(4)(B), inserted before

period at end ", and such sums as may be necessary for each of the

fiscal years 1994 through 1996".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(d)(2) of this section relating to annual submission to Congress of

reports describing projects carried out pursuant to 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,

and page 94 of House Document No. 103-7.

-End-

-CITE-

42 USC Sec. 300cc-19 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-19. National blood resource education program

-STATUTE-

After consultation with the Director of the National Heart, Lung,

and Blood Institute and the Commissioner of Food and Drugs, the

Secretary shall establish a program of research and education

regarding blood donations and transfusions to maintain and improve

the safety of the blood supply. Education programs shall be

directed at health professionals, patients, and the community to -

(1) in the case of the public and patients undergoing treatment

(A) increase awareness that the process of donating blood is

safe;

(B) promote the concept that blood donors are contributors to

a national need to maintain an adequate and safe blood supply;

and

(D) encourage repeat blood donors to recruit new donors;

(2) in the case of health professionals -

(A) improve knowledge, attitudes, and skills of health

professionals in the appropriate use of blood and blood

components;

(B) increase the awareness and understanding of health

professionals regarding the risks versus benefits of blood

transfusion; and

to the administration of blood or blood components for their

patients; and

(3) in the case of the community, increase coordination,

communication, and collaboration among community, professional,

industry, and government organizations regarding blood donation

and transfusion issues.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2319, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3074.)

-End-

-CITE-

42 USC Sec. 300cc-20 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part B - Research Authority

-HEAD-

Sec. 300cc-20. Additional authority with respect to research

-STATUTE-

(a) Data collection with respect to national prevalence

(1) The Secretary, acting through the Director of the Centers for

Disease Control and Prevention, may, through representative

sampling and other appropriate methodologies, provide for the

continuous collection of data on the incidence in the United States

of cases of acquired immune deficiency syndrome and of cases of

infection with the etiologic agent for such syndrome. The Secretary

may carry out the program of data collection directly or through

cooperative agreements and contracts with public and nonprofit

private entities.

(2) The Secretary shall encourage each State to enter into a

cooperative agreement or contract under paragraph (1) with the

Secretary in order to facilitate the prompt collection of the most

recent accurate data on the incidence of cases described in such

paragraph.

(3) The Secretary shall ensure that data collected under

paragraph (1) includes data on the demographic characteristics of

the population of individuals with cases described in paragraph

(1), including data on specific subpopulations at risk of infection

with the etiologic agent for acquired immune deficiency syndrome.

(4) In carrying out this subsection, the Secretary shall, for the

purpose of assuring the utility of data collected under this

section, request entities with expertise in the methodologies of

data collection to provide, as soon as is practicable, assistance

to the Secretary and to the States with respect to the development

and utilization of uniform methodologies of data collection.

(5) The Secretary shall provide for the dissemination of data

collected pursuant to this subsection. In carrying out this

paragraph, the Secretary may publish such data as frequently as the

Secretary determines to be appropriate with respect to the

protection of the public health. The Secretary shall publish such

data not less than once each year.

(b) Epidemiological and demographic data

(1) The Secretary, acting through the Director of the Centers for

Disease Control and Prevention, shall develop an epidemiological

data base and shall provide for long-term studies for the purposes

of -

(A) collecting information on the demographic characteristics

of the population of individuals infected with the etiologic

agent for acquired immune deficiency syndrome and the natural

history of such infection; and

(B) developing models demonstrating the long-term domestic and

international patterns of the transmission of such etiologic

agent.

(2) The Secretary may carry out paragraph (1) directly or through

grants to, or cooperative agreeements (!1) or contracts with,

public and nonprofit private entities, including Federal agencies.

The Secretary may make grants to public and nonprofit private

entities for the purpose of assisting grantees in conducting

long-term research into treatments for acquired immune deficiency

syndrome developed from knowledge of the genetic nature of the

etiologic agent for such syndrome.

(d) Social sciences research

The Secretary, acting through the Director of the National

Institute of Mental Health, may make grants to public and nonprofit

private entities for the purpose of assisting grantees in

conducting scientific research into the psychological and social

sciences as such sciences relate to acquired immune deficiency

syndrome.

(e) Authorization of appropriations

(1) For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each fiscal year.

(2) Amounts appropriated pursuant to paragraph (1) to carry out

subsection (c) of this section shall remain available until

expended.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2320, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3074;

amended Pub. L. 100-690, title II, Sec. 2617(d), Nov. 18, 1988, 102

Stat. 4240; Pub. L. 102-531, title III, Sec. 312(d)(20), Oct. 27,

1992, 106 Stat. 3505; Pub. L. 103-43, title XVIII, Sec. 1811(5),

(6), June 10, 1993, 107 Stat. 200.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(1)(A). Pub. L. 103-43, Sec. 1811(5), inserted

"and the natural history of such infection" after "syndrome".

Subsec. (e)(1). Pub. L. 103-43, Sec. 1811(6), substituted "fiscal

year" for "of the fiscal years 1989 through 1991".

1992 - Subsecs. (a)(1), (b)(1). Pub. L. 102-531 substituted

"Centers for Disease Control and Prevention" for "Centers for

Disease Control".

1988 - Subsec. (a)(5). Pub. L. 100-690 substituted "subsection"

for "section".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Part C - Research Training 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part C - Research Training

-HEAD-

PART C - RESEARCH TRAINING

-End-

-CITE-

42 USC Sec. 300cc-31 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part C - Research Training

-HEAD-

Sec. 300cc-31. Fellowships and training

-STATUTE-

(a) In general

The Secretary, acting through the Director of the Centers for

Disease Control and Prevention, shall establish fellowship and

training programs to be conducted by the Centers for Disease

Control and Prevention to train individuals to develop skills in

epidemiology, surveillance, testing, counseling, education,

information, and laboratory analysis relating to acquired immune

deficiency syndrome. Such programs shall be designed to enable

health professionals and health personnel trained under such

programs to work, after receiving such training, in national and

international efforts toward the prevention, diagnosis, and

treatment of acquired immune deficiency syndrome.

(b) Programs conducted by National Institute of Mental Health

The Secretary, acting through the Director of the National

Institute of Mental Health, shall conduct or support fellowship and

training programs for individuals pursuing graduate or postgraduate

study in order to train such individuals to conduct scientific

research into the psychological and social sciences as such

sciences relate to acquired immune deficiency syndrome.

Any individual receiving a fellowship or receiving training under

subsection (a) or (b) of this section shall not be included in any

determination of the number of full-time equivalent employees of

the Department of Health and Human Services for the purpose of any

limitation on the number of such employees established by law prior

to, on, or after November 4, 1988.

(d) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each fiscal year.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2341, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3076;

amended Pub. L. 100-690, title II, Sec. 2617(e), Nov. 18, 1988, 102

Stat. 4240; Pub. L. 102-531, title III, Sec. 312(d)(21), Oct. 27,

1992, 106 Stat. 3505; Pub. L. 103-43, title XVIII, Sec. 1811(7),

June 10, 1993, 107 Stat. 200.)

-MISC1-

AMENDMENTS

1993 - Subsec. (d). Pub. L. 103-43 substituted "fiscal year" for

"of the fiscal years 1989 through 1991".

1992 - Subsec. (a). Pub. L. 102-531, which directed the

substitution of "Centers for Disease Control and Prevention" for

"Centers for Disease Control", was executed by making the

substitution in two places to reflect the probable intent of

Congress.

1988 - Subsec. (c). Pub. L. 100-690 substituted "date of the

enactment of the AIDS Amendments of 1988" for "date of the

enactment of the AIDS Federal Policy Act of 1988" which for

purposes of codification was translated as "November 4, 1988".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-End-

-CITE-

42 USC Part D - Office of AIDS Research 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

-HEAD-

PART D - OFFICE OF AIDS RESEARCH

-End-

-CITE-

42 USC subpart i - interagency coordination of activities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart i - interagency coordination of activities

-HEAD-

SUBPART I - INTERAGENCY COORDINATION OF ACTIVITIES

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, title XVIII, Sec. 1801(a)(1), (3), June

10, 1993, 107 Stat. 192, added part D designation and heading and

subpart I heading and struck out former part D designation and

heading "Special Authorities of the Director of the National

Institutes of Health".

-End-

-CITE-

42 USC Sec. 300cc-40 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart i - interagency coordination of activities

-HEAD-

Sec. 300cc-40. Establishment of Office

-STATUTE-

(a) In general

There is established within the National Institutes of Health an

office to be known as the Office of AIDS Research. The Office shall

be headed by a director, who shall be appointed by the Secretary.

(b) Duties

(1) Interagency coordination of AIDS activities

With respect to acquired immune deficiency syndrome, the

Director of the Office shall plan, coordinate, and evaluate

research and other activities conducted or supported by the

agencies of the National Institutes of Health. In carrying out

the preceding sentence, the Director of the Office shall evaluate

the AIDS activities of each of such agencies and shall provide

for the periodic reevaluation of such activities.

(2) Consultations

The Director of the Office shall carry out this subpart

(including developing and revising the plan required in section

300cc-40b of this title) in consultation with the heads of the

agencies of the National Institutes of Health, with the advisory

councils of the agencies, and with the advisory council

established under section 300cc-40a of this title.

(3) Coordination

The Director of the Office shall act as the primary Federal

official with responsibility for overseeing all AIDS research

conducted or supported by the National Institutes of Health, and

(A) shall serve to represent the National Institutes of

Health AIDS Research Program at all relevant Executive branch

task forces and committees; and

(B) shall maintain communications with all relevant Public

Health Service agencies and with various other departments of

the Federal Government, to ensure the timely transmission of

information concerning advances in AIDS research and the

clinical treatment of acquired immune deficiency syndrome and

its related conditions, between these various agencies for

dissemination to affected communities and health care

providers.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2351, as added Pub. L.

103-43, title XVIII, Sec. 1801(a)(3), June 10, 1993, 107 Stat.

192.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300cc-40b of this title.

-End-

-CITE-

42 USC Sec. 300cc-40a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart i - interagency coordination of activities

-HEAD-

Sec. 300cc-40a. Advisory Council; coordinating committees

-STATUTE-

(a) Advisory Council

(1) In general

The Secretary shall establish an advisory council for the

purpose of providing advice to the Director of the Office on

carrying out this part. (Such council is referred to in this

subsection as the "Advisory Council".)

(2) Composition, compensation, terms, chair, etc.

Subsections (b) through (g) of section 284a of this title apply

to the Advisory Council to the same extent and in the same manner

as such subsections apply to advisory councils for the national

research institutes, except that -

(A) in addition to the ex officio members specified in

section 284a(b)(2) of this title, there shall serve as such

members of the Advisory Council a representative from the

advisory council of each of the National Cancer Institute and

the National Institute on Allergy and Infectious Diseases; and

(B) with respect to the other national research institutes,

there shall serve as ex officio members of such Council, in

addition to such members specified in subparagraph (A), a

representative from the advisory council of each of the 2

institutes that receive the greatest funding for AIDS

activities.

(b) Individual coordinating committees regarding research

disciplines

(1) In general

The Director of the Office shall establish, for each research

discipline in which any activity under the plan required in

section 300cc-40b of this title is carried out, a committee for

the purpose of providing advice to the Director of the Office on

carrying out this part with respect to such discipline. (Each

such committee is referred to in this subsection as a

"coordinating committee".)

(2) Composition

Each coordinating committee shall be composed of

representatives of the agencies of the National Institutes of

Health with significant responsibilities regarding the research

discipline involved.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2352, as added Pub. L.

103-43, title XVIII, Sec. 1801(a)(3), June 10, 1993, 107 Stat.

193.)

-MISC1-

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by Congress, its duration is otherwise provided by law.

See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300cc-40, 300cc-40b,

300cc-43 of this title.

-End-

-CITE-

42 USC Sec. 300cc-40b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart i - interagency coordination of activities

-HEAD-

Sec. 300cc-40b. Comprehensive plan for expenditure of

appropriations

-STATUTE-

(a) In general

Subject to the provisions of this section and other applicable

law, the Director of the Office, in carrying out section 300cc-40

of this title, shall -

(1) establish a comprehensive plan for the conduct and support

of all AIDS activities of the agencies of the National Institutes

of Health (which plan shall be first established under this

paragraph not later than 12 months after June 10, 1993);

(2) ensure that the Plan establishes priorities among the AIDS

activities that such agencies are authorized to carry out;

(3) ensure that the Plan establishes objectives regarding such

activities, describes the means for achieving the objectives, and

designates the date by which the objectives are expected to be

achieved;

(4) ensure that all amounts appropriated for such activities

are expended in accordance with the Plan;

(5) review the Plan not less than annually, and revise the Plan

as appropriate; and

(6) ensure that the Plan serves as a broad, binding statement

of policies regarding AIDS activities of the agencies, but does

not remove the responsibility of the heads of the agencies for

the approval of specific programs or projects, or for other

details of the daily administration of such activities, in

accordance with the Plan.

(b) Certain components of Plan

With respect to AIDS activities of the agencies of the National

Institutes of Health, the Director of the Office shall ensure that

the Plan -

(1) provides for basic research;

(2) provides for applied research;

(3) provides for research that is conducted by the agencies;

(4) provides for research that is supported by the agencies;

(5) provides for proposals developed pursuant to solicitations

by the agencies and for proposals developed independently of such

solicitations; and

(6) provides for behavioral research and social sciences

research.

(1) Full-funding budget

(A) With respect to a fiscal year, the Director of the Office

shall prepare and submit directly to the President, for review

and transmittal to the Congress, a budget estimate for carrying

out the Plan for the fiscal year, after reasonable opportunity

for comment (but without change) by the Secretary, the Director

of the National Institutes of Health, and the advisory council

established under section 300cc-40a of this title. The budget

estimate shall include an estimate of the number and type of

personnel needs for the Office.

(B) The budget estimate submitted under subparagraph (A) shall

estimate the amounts necessary for the agencies of the National

Institutes of Health to carry out all AIDS activities determined

by the Director of the Office to be appropriate, without regard

to the probability that such amounts will be appropriated.

(2) Alternative budgets

(A) With respect to a fiscal year, the Director of the Office

shall prepare and submit to the Secretary and the Director of the

National Institutes of Health the budget estimates described in

subparagraph (B) for carrying out the Plan for the fiscal year.

The Secretary and such Director shall consider each of such

estimates in making recommendations to the President regarding a

budget for the Plan for such year.

(B) With respect to the fiscal year involved, the budget

estimates referred to in subparagraph (A) for the Plan are as

follows:

(i) The budget estimate submitted under paragraph (1).

(ii) A budget estimate developed on the assumption that the

amounts appropriated will be sufficient only for -

(I) continuing the conduct by the agencies of the National

Institutes of Health of existing AIDS activities (if approved

for continuation), and continuing the support of such

activities by the agencies in the case of projects or

programs for which the agencies have made a commitment of

continued support; and

(II) carrying out, of activities that are in addition to

activities specified in subclause (I), only such activities

for which the Director determines there is the most

substantial need.

(iii) Such other budget estimates as the Director of the

Office determines to be appropriate.

(d) Funding

(1) Authorization of appropriations

For the purpose of carrying out AIDS activities under the Plan,

there are authorized to be appropriated such sums as may be

necessary for each of the fiscal years 1994 through 1996.

(2) Receipt of funds

For the first fiscal year beginning after the date on which the

Plan first established under subsection (a)(1) of this section

has been in effect for 12 months, and for each subsequent fiscal

year, the Director of the Office shall receive directly from the

President and the Director of the Office of Management and Budget

all funds available for AIDS activities of the National

Institutes of Health.

(3) Allocations for agencies

(A) Each fiscal year the Director of the Office shall, from the

amounts received under paragraph (2) for the fiscal year,

allocate to the agencies of the National Institutes of Health (in

accordance with the Plan) all amounts available for such year for

carrying out the AIDS activities specified in subsection

(c)(2)(B)(ii)(I) of this section for such year. Such allocation

shall, to the extent practicable, be made not later than 15 days

after the date on which the Director receives amounts under

paragraph (2).

(B) Each fiscal year the Director of the Office shall, from the

amounts received under paragraph (2) for the fiscal year,

allocate to the agencies of the National Institutes of Health (in

accordance with the Plan) all amounts available for such year for

carrying out AIDS activities that are not referred to in

subparagraph (A). Such allocation shall, to the extent

practicable, be made not later than 30 days after the date on

which the Director receives amounts under paragraph (2).

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2353, as added Pub. L.

103-43, title XVIII, Sec. 1801(a)(3), June 10, 1993, 107 Stat.

194.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 284, 300cc-40, 300cc-40a,

300cc-45 of this title.

-End-

-CITE-

42 USC Sec. 300cc-41 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart i - interagency coordination of activities

-HEAD-

Sec. 300cc-41. Additional authorities

-STATUTE-

(a) In general

In carrying out AIDS research, the Director of the Office -

(1) shall develop and expand clinical trials of treatments and

therapies for infection with the etiologic agent for acquired

immune deficiency syndrome, including such clinical trials for

women, infants, children, hemophiliacs, and minorities;

(2) may establish or support the large-scale development and

preclinical screening, production, or distribution of specialized

biological materials and other therapeutic substances for AIDS

research and set standards of safety and care for persons using

such materials;

(3) may support -

(A) AIDS research conducted outside the United States by

qualified foreign professionals if such research can reasonably

be expected to benefit the people of the United States;

(B) collaborative research involving American and foreign

participants; and

scientists in the United States;

(4) may encourage and coordinate AIDS research conducted by any

industrial concern that evidences a particular capability for the

conduct of such research;

(5)(A) may acquire, improve, repair, operate, and maintain

laboratories, other research facilities, equipment, and such

other real or personal property as the Director of the Office

determines necessary;

(B) may make grants for the construction or renovation of

facilities; and

lease or otherwise through the Administrator of General Services,

buildings or parts of buildings in the District of Columbia or

communities located adjacent to the District of Columbia for the

use of the National Institutes of Health for a period not to

exceed ten years; and

(6) subject to section 284(b)(2) of this title and without

regard to section 3324 of title 31 and section 5 of title 41, may

enter into such contracts and cooperative agreements with any

public agency, or with any person, firm, association,

corporation, or educational institution, as may be necessary to

expedite and coordinate research relating to acquired immune

deficiency syndrome.

(b) Report to Secretary

The Director of the Office shall each fiscal year prepare and

submit to the Secretary, for inclusion in the comprehensive report

required in section 300cc(a) of this title, a report -

(1) describing and evaluating the progress made in such fiscal

year in research, treatment, and training with respect to

acquired immune deficiency syndrome conducted or supported by the

Institutes;

(2) summarizing and analyzing expenditures made in such fiscal

year for activities with respect to acquired immune deficiency

syndrome conducted or supported by the National Institutes of

Health; and

(3) containing such recommendations as the Director considers

appropriate.

entities

In carrying out subsection (a) of this section, the Director of

the Office shall establish projects to promote cooperation among

Federal agencies, State, local, and regional public health

agencies, and private entities, in research concerning the

diagnosis, prevention, and treatment of acquired immune deficiency

syndrome.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2354, formerly Sec. 2351,

as added Pub. L. 100-607, title II, Sec. 201(4), Nov. 4, 1988, 102

Stat. 3076; renumbered Sec. 2354 and amended Pub. L. 103-43, title

XVIII, Sec. 1801(a)(2), (b), June 10, 1993, 107 Stat. 192, 196.)

-COD-

CODIFICATION

In subsec. (a)(5)(C), "section 8141 of title 40" substituted for

"the Act of March 3, 1877 (40 U.S.C. 34)" 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

1993 - Pub. L. 103-43, Sec. 1801(b)(1), substituted "Additional"

for "Establishment of" in section catchline.

Subsec. (a). Pub. L. 103-43, Sec. 1801(b)(2)(A), in introductory

provisions substituted "AIDS research, the Director of the Office"

for "research with respect to acquired immune deficiency syndrome,

the Secretary, acting through the Director of the National

Institutes of Health".

Subsec. (a)(1). Pub. L. 103-43, Sec. 1801(b)(2)(B), redesignated

par. (3) as (1) and struck out former par. (1) which read as

follows:

"(A) shall establish an office to be known as the Office of AIDS

Research, which Office shall be headed by a Director appointed by

the Director of the National Institutes of Health; and

"(B) shall provide administrative support and support services to

the Director of such Office;".

Subsec. (a)(2). Pub. L. 103-43, Sec. 1801(b)(2)(B), (E),

redesignated par. (4) as (2), substituted "AIDS research" for

"research relating to acquired immune deficiency syndrome", and

struck out former par. (2) which read as follows: "shall coordinate

activities relating to acquired immune deficiency syndrome

conducted by the national research institutes and the agencies of

the National Institutes of Health;".

Subsec. (a)(3). Pub. L. 103-43, Sec. 1801(b)(2)(B), (C), (E),

redesignated par. (5) as (3), struck out ", in consultation with

the advisory council for the appropriate national research

institute of the National Institutes of Health," after "may" in

introductory provisions, and substituted "AIDS research" for

"research relating to acquired immune deficiency syndrome" in

subpar. (A). Former par. (3) redesignated (1).

Subsec. (a)(4). Pub. L. 103-43, Sec. 1801(b)(2)(B), (E),

redesignated par. (6) as (4) and substituted "AIDS research" for

"research relating to acquired immune deficiency syndrome". Former

par. (4) redesignated (2).

Subsec. (a)(5). Pub. L. 103-43, Sec. 1801(b)(2)(B), (D),

redesignated par. (7) as (5), in subpar. (A) struck out ", in

consultation with such advisory council," after "may" and

substituted "Director of the Office determines" for "Director of

the National Institutes of Health determines", and in subpars. (B)

and (C) struck out ", in consultation with such advisory council,"

after "may". Former par. (5) redesignated (3).

Subsec. (a)(6) to (8). Pub. L. 103-43, Sec. 1801(b)(2)(B),

redesignated pars. (6) to (8) as (4) to (6), respectively.

Subsec. (b). Pub. L. 103-43, Sec. 1801(b)(3), substituted "The

Director of the Office shall" for "The Director of the National

Institutes of Health, acting through the Director of the Office of

AIDS Research, shall".

Subsec. (c). Pub. L. 103-43, Sec. 1801(b)(4), substituted "the

Director of the Office shall" for "the Director of the National

Institutes of Health shall".

-End-

-CITE-

42 USC subpart ii - emergency discretionary fund 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart ii - emergency discretionary fund

-HEAD-

SUBPART II - EMERGENCY DISCRETIONARY FUND

-End-

-CITE-

42 USC Sec. 300cc-43 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart ii - emergency discretionary fund

-HEAD-

Sec. 300cc-43. Emergency Discretionary Fund

-STATUTE-

(a) In general

(1) Establishment

There is established a fund consisting of such amounts as may

be appropriated under subsection (g) of this section. Subject to

the provisions of this section, the Director of the Office, after

consultation with the advisory council established under section

300cc-40a of this title, may expend amounts in the Fund for the

purpose of conducting and supporting such AIDS activities,

including projects of AIDS research, as may be authorized in this

chapter for the National Institutes of Health.

(2) Preconditions to use of Fund

Amounts in the Fund may be expended only if -

(A) the Director identifies the particular set of AIDS

activities for which such amounts are to be expended;

(B) the set of activities so identified constitutes either a

new project or additional AIDS activities for an existing

project;

there is a significant need for such set of activities; and

(D) as of June 30 of the fiscal year preceding the fiscal

year in which the determination is made, such need was not

provided for in any appropriations Act passed by the House of

Representatives to make appropriations for the Departments of

Labor, Health and Human Services (including the National

Institutes of Health), Education, and related agencies for the

fiscal year in which the determination is made.

(3) Two-year use of Fund for project involved

In the case of an identified set of AIDS activities,

obligations of amounts in the Fund may not be made for such set

of activities after the expiration of the 2-year period beginning

on the date on which the initial obligation of such amounts is

made for such set.

(b) Peer review

With respect to an identified set of AIDS activities carried out

with amounts in the Fund, this section may not be construed as

waiving applicable requirements for peer review.

(1) Construction of facilities

Amounts in the Fund may not be used for the construction,

renovation, or relocation of facilities, or for the acquisition

of land.

(2) Congressional disapproval of projects

(A) Amounts in the Fund may not be expended for the fiscal year

involved for an identified set of AIDS activities, or a category

of AIDS activities, for which -

(i)(I) amounts were made available in an appropriations Act

for the preceding fiscal year; and

(II) amounts are not made available in any appropriations Act

for the fiscal year involved; or

(ii) amounts are by law prohibited from being expended.

(B) A determination under subparagraph (A)(i) of whether

amounts have been made available in appropriations Acts for a

fiscal year shall be made without regard to whether such Acts

make available amounts for the Fund.

(3) Investment of Fund amounts

Amounts in the Fund may not be invested.

(d) Applicability of limitation regarding number of employees

The purposes for which amounts in the Fund may be expended

include the employment of individuals necessary to carry out

identified sets of AIDS activities approved under subsection (a) of

this section. Any individual employed under the preceding sentence

may not be included in any determination of the number of full-time

equivalent employees for the Department of Health and Human

Services for the purpose of any limitation on the number of such

employees established by law prior to, on, or after June 10, 1993.

(e) Report to Congress

Not later than February 1 of each fiscal year, the Director of

the Office shall 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 on the identified sets of

AIDS activities carried out during the preceding fiscal year with

amounts in the Fund. The report shall provide a description of each

such set of activities and an explanation of the reasons underlying

the use of the Fund for the set.

(f) Definitions

For purposes of this section:

(1) The term "Fund" means the fund established in subsection

(a) of this section.

(2) The term "identified set of AIDS activities" means a

particular set of AIDS activities identified under subsection

(a)(2)(A) of this section.

(g) Funding

(1) Authorization of appropriations

For the purpose of providing amounts for the Fund, there is

authorized to be appropriated $100,000,000 for each of the fiscal

years 1994 through 1996.

(2) Availability

Amounts appropriated for the Fund are available until expended.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2356, as added Pub. L.

103-43, title XVIII, Sec. 1802, June 10, 1993, 107 Stat. 196.)

-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.

-End-

-CITE-

42 USC subpart iii - general provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart iii - general provisions

-HEAD-

SUBPART III - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 300cc-45 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part D - Office of AIDS Research

subpart iii - general provisions

-HEAD-

Sec. 300cc-45. General provisions regarding Office

-STATUTE-

(a) Administrative support for Office

The Secretary, acting through the Director of the National

Institutes of Health, shall provide administrative support and

support services to the Director of the Office and shall ensure

that such support takes maximum advantage of existing

administrative structures at the agencies of the National

Institutes of Health.

(b) Evaluation and report

(1) Evaluation

Not later than 5 years after June 10, 1993, the Secretary shall

conduct an evaluation to -

(A) determine the effect of this section on the planning and

coordination of the AIDS research programs at the institutes,

centers and divisions of the National Institutes of Health;

(B) evaluate the extent to which this part has eliminated the

duplication of administrative resources among such Institutes,

centers and divisions; and

with respect to this part.

(2) Report

Not later than 1 year after the date on which the evaluation is

commenced under paragraph (1), the Secretary shall prepare and

submit to the Committee on Labor and Human Resources of the

Senate, and the Committee on Energy and Commerce of the House of

Representatives, a report concerning the results of such

evaluation.

For purposes of this part:

(1) The term "AIDS activities" means AIDS research and other

activities that relate to acquired immune deficiency syndrome.

(2) The term "AIDS research" means research with respect to

acquired immune deficiency syndrome.

(3) The term "Office" means the Office of AIDS Research.

(4) The term "Plan" means the plan required in section

300cc-40b(a)(1) of this title.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2359, as added Pub. L.

103-43, title XVIII, Sec. 1803, June 10, 1993, 107 Stat. 198.)

-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.

-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 XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part E - General Provisions

-HEAD-

PART E - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 300cc-51 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY

SYNDROME

Part E - General Provisions

-HEAD-

Sec. 300cc-51. Definitions

-STATUTE-

For purposes of this subchapter:

(1) The term "infection", with respect to the etiologic agent

for acquired immune deficiency syndrome, includes opportunistic

cancers and infectious diseases and any other conditions arising

from infection with such etiologic agent.

(2) The term "treatment", with respect to the etiologic agent

for acquired immune deficiency syndrome, includes primary and

secondary prophylaxis.

-SOURCE-

(July 1, 1944, ch. 373, title XXIII, Sec. 2361, as added Pub. L.

100-607, title II, Sec. 201(4), Nov. 4, 1988, 102 Stat. 3078;

amended Pub. L. 103-43, title XVIII, Sec. 1811(8), June 10, 1993,

107 Stat. 200.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 substituted provisions defining "infection"

and "treatment" for former provisions which read as follows: "For

purposes of this subchapter, the term 'infection with the etiologic

agent for acquired immune deficiency syndrome' includes any

condition arising from infection with such etiologic agent".

-End-

-CITE-

42 USC SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO

ACQUIRED IMMUNE DEFICIENCY SYNDROME 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

-HEAD-

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

-End-

-CITE-

42 USC Part A - Formula Grants to States for Home and

Community-Based Health Services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part A - Formula Grants to States for Home and Community-Based

Health Services

-HEAD-

PART A - FORMULA GRANTS TO STATES FOR HOME AND COMMUNITY-BASED

HEALTH SERVICES

-End-

-CITE-

42 USC Secs. 300dd to 300dd-14 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part A - Formula Grants to States for Home and Community-Based

Health Services

-HEAD-

Secs. 300dd to 300dd-14. Repealed. July 1, 1944, ch. 373, title

XXIV, Sec. 2415, as added Nov. 4, 1988, Pub. L. 100-607, title

II, Sec. 211, 102 Stat. 3088; amended Nov. 18, 1988, Pub. L.

100-690, title II, Sec. 2618(g), 102 Stat. 4241

-MISC1-

Section 300dd, act July 1, 1944, ch. 373, title XXIV, Sec. 2401,

as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102

Stat. 3079, established program of formula grants for home and

community-based health services.

Section 300dd-1, act July 1, 1944, ch. 373, title XXIV, Sec.

2402, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3080; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2618(a), 102 Stat. 4240, provided requirements for carrying

out purpose of grants.

Section 300dd-2, act July 1, 1944, ch. 373, title XXIV, Sec.

2403, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3081, required submission of description of intended uses

of grant.

Section 300dd-3, act July 1, 1944, ch. 373, title XXIV, Sec.

2404, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3081; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2618(b), 102 Stat. 4240, restricted use of grants.

Section 300dd-4, act July 1, 1944, ch. 373, title XXIV, Sec.

2405, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3082, required reports and audits by States.

Section 300dd-5, act July 1, 1944, ch. 373, title XXIV, Sec.

2406, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3083, required additional agreements.

Section 300dd-6, act July 1, 1944, ch. 373, title XXIV, Sec.

2407, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3084, required submission of application containing

certain agreements and assurances.

Section 300dd-7, act July 1, 1944, ch. 373, title XXIV, Sec.

2408, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3084, provided for determination of amount of allotments

for States.

Section 300dd-8, act July 1, 1944, ch. 373, title XXIV, Sec.

2409, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3085; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2618(c), 102 Stat. 4241, related to failure to comply with

agreements.

Section 300dd-9, act July 1, 1944, ch. 373, title XXIV, Sec.

2410, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3087, prohibited certain false statements.

Section 300dd-10, act July 1, 1944, ch. 373, title XXIV, Sec.

2411, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3087; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2618(d), 102 Stat. 4241, authorized the Secretary to provide

technical assistance and supplies and services in lieu of grant

funds.

Section 300dd-11, act July 1, 1944, ch. 373, title XXIV, Sec.

2412, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3087, required report by Secretary.

Section 300dd-12, act July 1, 1944, ch. 373, title XXIV, Sec.

2413, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3087; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2618(e), 102 Stat. 4241, defined terms for this part.

Section 300dd-13, act July 1, 1944, ch. 373, title XXIV, Sec.

2414, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3088; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2618(f), 102 Stat. 4241, provided funding.

Section 300dd-14, act July 1, 1944, ch. 373, title XXIV, Sec.

2415, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211,

102 Stat. 3088; amended Nov. 18, 1988, Pub. L. 100-690, title II,

Sec. 2618(g), 102 Stat. 4241, repealed this part effective with

respect to appropriations made for any period after fiscal year

1990.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to appropriations made for any

period after fiscal year 1990, see section 2415 of act July 1,

1944, which was classified to former section 300dd-14 of this

title.

-End-

-CITE-

42 USC Part B - Subacute Care 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part B - Subacute Care

-HEAD-

PART B - SUBACUTE CARE

-End-

-CITE-

42 USC Sec. 300dd-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part B - Subacute Care

-HEAD-

Sec. 300dd-21. Demonstration projects

-STATUTE-

(a) Definitions

As used in this section:

(1) The term "individuals infected with the etiologic agent for

acquired immune deficiency syndrome" means individuals who have a

disease, or are recovering from a disease, attributable to the

infection of such individuals with such etiologic agent, and as a

result of the effects of such disease, are in need of

subacute-care services.

(2) The term "subacute care" means medical and health care

services that are required for individuals recovering from acute

care episodes that are less intensive than the level of care

provided in acute-care hospitals, and includes skilled nursing

care, hospice care, and other types of health services provided

in other long-term-care facilities.

(b) Authorization to conduct three projects

The Secretary shall conduct three demonstration projects to

determine the effectiveness and cost of providing the subacute-care

services described in subsection (b) of this section to individuals

infected with the etiologic agent for acquired immune deficiency

syndrome, and the impact of such services on the health status of

such individuals.

(1) The services provided under each demonstration project shall

be designed to meet the specific needs of individuals infected with

the etiologic agent for acquired immune deficiency syndrome, and

shall include -

(A) the care and treatment of such individuals by providing -

(i) subacute care;

(ii) emergency medical care and specialized diagnostic and

therapeutic services as needed and where appropriate, either

directly or through affiliation with a hospital that has

experience in treating individuals with acquired immune

deficiency syndrome; and

(iii) case management services to ensure, through existing

services and programs whenever possible, appropriate discharge

planning for such individuals; and

(B) technical assistance, to other facilities in the region

served by such facility, that is directed toward education and

training of physicians, nurses, and other health-care

professionals in the subacute care and treatment of individuals

infected with the etiologic agent for acquired immune deficiency

syndrome.

(2) Services provided under each demonstration project may also

include -

(A) hospice services;

(B) outpatient care; and

hospitals and other health-care facilities that serve individuals

infected with the etiologic agent for acquired immune deficiency

syndrome.

(d) Time and place

The demonstration projects shall be conducted -

(1) during a 4-year period beginning not later than 9 months

after November 4, 1988; and

(2) at sites that -

(A) are geographically diverse and located in areas that are

appropriate for the provision of the required and authorized

services; and

(B) have the highest incidence of cases of acquired immune

deficiency syndrome and the greatest need for subacute-care

services.

(e) Evaluation and report

The Secretary shall evaluate the operations of the demonstration

projects and shall submit to the Committee on Energy and Commerce

of the House of Representatives and the Committee on Labor and

Human Resources of the Senate -

(1) not later than 18 months after the beginning of the first

project, a preliminary report that contains -

(A) a description of the sites at which the projects are

being conducted and of the services being provided in each

project; and

(B) a preliminary evaluation of the experience of the

projects in the first 12 months of operation; and

(2) not later than 6 months after the completion of the last

project, a final report that contains -

(A) an assessment of the costs of subacute care for

individuals infected with the etiologic agent for acquired

immune deficiency syndrome, including a breakdown of all other

sources of funding for the care provided to cover subacute

care; and

(B) recommendations for appropriate legislative changes.

(f) Other research

Each demonstration project shall provide for other research to be

carried out at the site of such demonstration project including -

(1) clinical research on acquired immune deficiency syndrome,

concentrating on research on the neurological manifestations

resulting from infection with the etiologic agent for such

syndrome; and

(2) the study of the psychological and mental health issues

related to such syndrome.

(g) Authorization of appropriations

(1) To carry out this section, there are authorized to be

appropriated $10,000,000 for fiscal year 1989 and such sums as are

necessary for each of the fiscal years 1990 through 1992.

(2) Amounts appropriated pursuant to paragraph (1) shall remain

available until September 10, 1992.

(h) Services to veterans

The Secretary shall enter into an agreement with the Secretary of

the Department of Veterans Affairs to ensure that appropriate

provision will be made for the furnishing, through demonstration

projects, of services to eligible veterans, under contract with the

Department of Veterans Affairs pursuant to section 1720 of title

38.

-SOURCE-

(July 1, 1944, ch. 373, title XXIV, Sec. 2421, as added Pub. L.

100-607, title II, Sec. 211, Nov. 4, 1988, 102 Stat. 3088; amended

Pub. L. 100-527, Sec. 10(1), (2), Oct. 25, 1988, 102 Stat. 2640,

2641; Pub. L. 100-690, title II, Sec. 2618(h), Nov. 18, 1988, 102

Stat. 4241; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat.

406.)

-MISC1-

AMENDMENTS

1991 - Subsec. (h). Pub. L. 102-83 substituted "section 1720 of

title 38" for "section 620 of title 38".

1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 2618(h)(1),

substituted " 'individuals infected with the etiologic agent for

acquired immune deficiency syndrome' means individuals who" for "

'patients infected with the human immunodeficiency virus' means

persons who" and "such individuals with such etiologic agent" for

"such person with the human immunodeficiency virus".

Subsec. (a)(2). Pub. L. 100-690, Sec. 2618(h)(2), substituted

"individuals" for "persons".

Subsec. (b). Pub. L. 100-690, Sec. 2618(h)(3), substituted

"individuals infected with the etiologic agent for acquired immune

deficiency syndrome" for "patients infected with the human

immunodeficiency virus" and "such individuals" for "such patients".

Subsec. (c)(1). Pub. L. 100-690, Sec. 2618(h)(4)(A), in

introductory provisions substituted "individuals infected with the

etiologic agent for acquired immune deficiency syndrome" for

"patients infected with the human immunodeficiency virus".

Subsec. (c)(1)(A). Pub. L. 100-690, Sec. 2618(h)(4)(B),

substituted in introductory provisions "such individuals" for "such

patients", in cl. (ii) "individuals with acquired immune deficiency

syndrome" for "AIDS patients", and in cl. (iii) "such individuals"

for "patients".

Subsec. (c)(1)(B), (2)(C). Pub. L. 100-690, Sec. 2618(h)(4)(C),

(5), substituted "individuals infected with the etiologic agent for

acquired immune deficiency syndrome" for "patients infected with

the human immunodeficiency virus".

Subsec. (d)(2)(B). Pub. L. 100-690, Sec. 2618(h)(6), substituted

"cases of acquired immune deficiency syndrome" for "AIDS cases".

Subsec. (e)(2)(A). Pub. L. 100-690, Sec. 2618(h)(7), substituted

"individuals infected with the etiologic agent for acquired immune

deficiency syndrome" for "patients infected with the human

immunodeficiency virus".

Subsec. (f)(1). Pub. L. 100-690, Sec. 2618(h)(8), substituted

"acquired immune deficiency syndrome" for "the acquired

immunodeficiency syndrome" and "etiologic agent for such syndrome"

for "human immunodeficiency virus".

Subsec. (f)(2). Pub. L. 100-690, Sec. 2618(h)(9), substituted

"such syndrome" for "the acquired immunodeficiency syndrome".

Subsec. (g)(1). Pub. L. 100-690, Sec. 2618(h)(10), substituted

"fiscal year 1989" for "fiscal year 1988" and "fiscal years 1990

through 1992" for "fiscal years 1989 through 1991".

Subsec. (h). Pub. L. 100-527 substituted "Secretary of the

Department of Veterans Affairs" and "Department of Veterans

Affairs" for "Administrator of the Veterans' Administration" and

"Veterans' Administration", respectively.

-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 1988 AMENDMENTS

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section

18(a) of Pub. L. 100-527, set out as a Department of Veterans

Affairs Act note under section 301 of Title 38, Veterans' Benefits.

-End-

-CITE-

42 USC Part C - Other Health Services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part C - Other Health Services

-HEAD-

PART C - OTHER HEALTH SERVICES

-COD-

CODIFICATION

Prior to revision by Pub. L. 102-321, this part was comprised of

subpart I, consisting of sections 300dd-31 to 300dd-33, and subpart

II, consisting of section 300dd-41.

-End-

-CITE-

42 USC Sec. 300dd-31 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part C - Other Health Services

-HEAD-

Sec. 300dd-31. Grants for anonymous testing

-STATUTE-

The Secretary may make grants to the States for the purpose of

providing opportunities for individuals -

(1) to undergo counseling and testing with respect to the

etiologic agent for acquired immune deficiency syndrome without

being required to provide any information relating to the

identity of the individuals; and

(2) to undergo such counseling and testing through the use of a

pseudonym.

-SOURCE-

(July 1, 1944, ch. 373, title XXIV, Sec. 2431, as added Pub. L.

100-607, title II, Sec. 211, Nov. 4, 1988, 102 Stat. 3090.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300dd-32, 300dd-33 of

this title.

-End-

-CITE-

42 USC Sec. 300dd-32 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part C - Other Health Services

-HEAD-

Sec. 300dd-32. Requirement of provision of certain counseling

services

-STATUTE-

(a) Counseling before testing

The Secretary may not make a grant under section 300dd-31 of this

title to a State unless the State agrees that, before testing an

individual pursuant to such section, the State will provide to the

individual appropriate counseling with respect to acquired immune

deficiency syndrome (based on the most recent scientific data

relating to such syndrome), including -

(1) measures for the prevention of exposure to, and the

transmission of, the etiologic agent for such syndrome;

(2) the accuracy and reliability of the results of such

testing;

(3) the significance of the results of such testing, including

the potential for developing acquired immune deficiency syndrome;

and

(4) encouraging individuals, as appropriate, to undergo testing

for such etiologic agent and providing information on the

benefits of such testing.

(b) Counseling of individuals with negative test results

The Secretary may not make a grant under section 300dd-31 of this

title to a State unless the State agrees that, if the results of

testing conducted pursuant to such section indicate that an

individual is not infected with the etiologic agent for acquired

immune deficiency syndrome, the State will review for the

individual the information provided pursuant to subsection (a) of

this section with respect to such syndrome, including -

(1) the information described in paragraphs (1) through (3) of

such subsection; and

(2) the appropriateness of further counseling, testing, and

education of the individual with respect to acquired immune

deficiency syndrome.

The Secretary may not make a grant under section 300dd-31 of this

title to a State unless the State agrees that, if the results of

testing conducted pursuant to such section indicate that an

individual is infected with the etiologic agent for acquired immune

deficiency syndrome, the State will provide to the individual

appropriate counseling with respect to such syndrome, including -

(1) reviewing the information described in paragraphs (1)

through (3) of subsection (a) of this section;

(2) reviewing the appropriateness of further counseling,

testing, and education of the individual with respect to acquired

immune deficiency syndrome;

(3) the importance of not exposing others to the etiologic

agent for acquired immune deficiency syndrome;

(4) the availability in the geographic area of any appropriate

services with respect to health care, including mental health

care and social and support services;

(5) the benefits of locating and counseling any individual by

whom the infected individual may have been exposed to the

etiologic agent for acquired immune deficiency syndrome and any

individual whom the infected individual may have exposed to such

etiologic agent; and

(6) the availability, if any, of the services of public health

authorities with respect to locating and counseling any

individual described in paragraph (5).

(d) Rule of construction with respect to counseling without testing

Agreements entered into pursuant to subsections (a) through (c)

of this section may not be construed to prohibit any grantee under

section 300dd-31 of this title from expending the grant for the

purpose of providing counseling services described in such

subsections to an individual who will not undergo testing described

in such section as a result of the grantee or the individual

determining that such testing of the individual is not appropriate.

(e) Use of funds

(1) The purpose of this subpart (!1) is to provide for counseling

and testing services to prevent and reduce exposure to, and

transmission of, the etiologic agent for acquired immune deficiency

syndrome.

(2) All individuals receiving counseling pursuant to this subpart

(!1) are to be counseled about the harmful effects of promiscuous

sexual activity and intravenous substance abuse, and the benefits

of abstaining from such activities.

(3) None of the fund appropriated to carry out this subpart (!1)

may be used to provide counseling that is designed to promote or

encourage, directly, homosexual or heterosexual sexual activity or

intravenous drug abuse.

(4) Paragraph (3) may not be construed to prohibit a counselor

who has already performed the counseling of an individual required

by paragraph (2), to provide accurate information about means to

reduce an individual's risk of exposure to, or the transmission of,

the etiologic agent for acquired immune deficiency syndrome,

provided that any informational materials used are not obscene.

-SOURCE-

(July 1, 1944, ch. 373, title XXIV, Sec. 2432, as added Pub. L.

100-607, title II, Sec. 211, Nov. 4, 1988, 102 Stat. 3090; amended

Pub. L. 100-690, title II, Sec. 2618(i), Nov. 18, 1988, 102 Stat.

4242; Pub. L. 102-321, title I, Sec. 118(b)(1)(B), July 10, 1992,

106 Stat. 348.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-321, which directed the

substitution of "part" for "subpart" wherever appearing in subsec.

(a), could not be executed because the word "subpart" does not

appear in subsec. (a).

1988 - Subsec. (c). Pub. L. 100-690, Sec. 2618(i)(1), substituted

"indicate that an individual" for "indicate that the individual" in

introductory provisions and "paragraph (5)" for "paragraph (4)" in

par. (6).

Subsec. (e)(1) to (3). Pub. L. 100-690, Sec. 2618(i)(2),

substituted "subpart" for "part".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "part".

-End-

-CITE-

42 USC Sec. 300dd-33 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part C - Other Health Services

-HEAD-

Sec. 300dd-33. Funding

-STATUTE-

For the purpose of grants under section 300dd-31 of this title,

there are authorized to be appropriated $100,000,000 for each of

the fiscal years 1989 and 1990.

-SOURCE-

(July 1, 1944, ch. 373, title XXIV, Sec. 2433, as added Pub. L.

100-607, title II, Sec. 211, Nov. 4, 1988, 102 Stat. 3091.)

-End-

-CITE-

42 USC Sec. 300dd-41 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

Part C - Other Health Services

-HEAD-

Sec. 300dd-41. Transferred

-COD-

CODIFICATION

Section, act July 1, 1944, ch. 373, title XXIV, Sec. 2441, as

added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat.

3092, which related to demonstration projects for individuals with

positive AIDS test results, was renumbered section 520B of act July

1, 1944, by Pub. L. 102-321, title I, Sec. 118(a), July 10, 1992,

106 Stat. 348, and was transferred to section 290bb-33 of this

title, prior to repeal by Pub. L. 106-310, div. B, title XXXII,

Sec. 3201(b)(2), Oct. 17, 2000, 114 Stat. 1190.

-End-

-CITE-

42 USC SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE

DEFICIENCY SYNDROME 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

-HEAD-

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY

SYNDROME

-End-

-CITE-

42 USC Sec. 300ee 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

-HEAD-

Sec. 300ee. Use of funds

-STATUTE-

(a) In general

The purpose of this subchapter is to provide for the

establishment of education and information programs to prevent and

reduce exposure to, and the transmission of, the etiologic agent

for acquired immune deficiency syndrome.

(b) Contents of programs

All programs of education and information receiving funds under

this subchapter shall include information about the harmful effects

of promiscuous sexual activity and intravenous substance abuse, and

the benefits of abstaining from such activities.

None of the funds appropriated to carry out this subchapter may

be used to provide education or information designed to promote or

encourage, directly, homosexual or heterosexual sexual activity or

intravenous substance abuse.

(d) Construction

Subsection (c) of this section may not be construed to restrict

the ability of an education program that includes the information

required in subsection (b) of this section to provide accurate

information about various means to reduce an individual's risk of

exposure to, or the transmission of, the etiologic agent for

acquired immune deficiency syndrome, provided that any

informational materials used are not obscene.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2500, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3093; amended Pub. L. 100-690, title II, Sec. 2619(a), Nov. 18,

1988, 102 Stat. 4242; renumbered title XXV, Pub. L. 101-93, Sec.

5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-690 substituted "this subchapter"

for "this part".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

-HEAD-

Sec. 300ee-1. Establishment of office with respect to minority

health and acquired immune deficiency syndrome

-STATUTE-

The Secretary of Health and Human Services, acting through the

Director of the Centers for Disease Control and Prevention, shall

establish an office for the purpose of ensuring that, in carrying

out the duties of the Secretary with respect to prevention of

acquired immune deficiency syndrome, the Secretary develops and

implements prevention programs targeted at minority populations and

provides appropriate technical assistance in the implementation of

such programs.

-SOURCE-

(Pub. L. 100-607, title II, Sec. 252, Nov. 4, 1988, 102 Stat. 3108;

Pub. L. 102-531, title III, Sec. 312(e)(2), Oct. 27, 1992, 106

Stat. 3506.)

-COD-

CODIFICATION

Section was enacted as part of the AIDS Amendments of 1988 and as

part of the Health Omnibus Programs Extension of 1988, and not as

part of the Public Health Service Act which comprises this chapter.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-531 substituted "Centers for Disease Control

and Prevention" for "Centers for Disease Control".

REQUIREMENT OF STUDY WITH RESPECT TO MINORITY HEALTH AND ACQUIRED

IMMUNE DEFICIENCY SYNDROME

Section 251 of Pub. L. 100-607, as amended by Pub. L. 100-690,

title II, Sec. 2602(b), Nov. 18, 1988, 102 Stat. 4234, provided

that:

"(a) In General. - The Secretary of Health and Human Services,

acting through the Director of the Office of Minority Health, shall

conduct a study for the purpose of determining -

"(1) the level of knowledge within minority communities

concerning acquired immune deficiency syndrome, the risks of the

transmission of the etiologic agent for such syndrome, and the

means of reducing such risk; and

"(2) the effectiveness of Federal, State, and local prevention

programs with respect to acquired immune deficiency syndrome in

minority communities.

"(b) Report. - The Secretary shall, not later than 12 months

after the date of the enactment of this title [Nov. 4, 1988],

complete the study required in subsection (a) and submit to the

Congress a report describing the findings made as a result of the

study."

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

-HEAD-

Sec. 300ee-2. Information for health and public safety workers

-STATUTE-

(a) Development and dissemination of guidelines

Not later than 90 days after November 4, 1988, the Secretary of

Health and Human Services (hereafter in this section referred to as

the "Secretary"), acting through the Director of the Centers for

Disease Control and Prevention, shall develop, issue, and

disseminate emergency guidelines to all health workers and public

safety workers (including emergency response employees) in the

United States concerning -

(1) methods to reduce the risk in the workplace of becoming

infected with the etiologic agent for acquired immune deficiency

syndrome; and

(2) circumstances under which exposure to such etiologic agent

may occur.

(b) Use in occupational standards

The Secretary shall transmit the guidelines issued under

subsection (a) of this section to the Secretary of Labor for use by

the Secretary of Labor in the development of standards to be issued

under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651

et seq.].

response employees

(1) Not later than 90 days after November 4, 1988, the Secretary,

acting through the Director of the Centers for Disease Control and

Prevention, shall develop a model curriculum for emergency response

employees with respect to the prevention of exposure to the

etiologic agent for acquired immune deficiency syndrome during the

process of responding to emergencies.

(2) In carrying out paragraph (1), the Secretary shall consider

the guidelines issued by the Secretary under subsection (a) of this

section.

(3) The model curriculum developed under paragraph (1) shall, to

the extent practicable, include -

(A) information with respect to the manner in which the

etiologic agent for acquired immune deficiency syndrome is

transmitted; and

(B) information that can assist emergency response employees in

distinguishing between conditions in which such employees are at

risk with respect to such etiologic agent and conditions in which

such employees are not at risk with respect (!1) such etiologic

agent.

(4) The Secretary shall establish a task force to assist the

Secretary in developing the model curriculum required in paragraph

(1). The Secretary shall appoint to the task force representatives

of the Centers for Disease Control and Prevention, representatives

of State governments, and representatives of emergency response

employees.

(5) The Secretary shall -

(A) transmit to State public health officers copies of the

guidelines and the model curriculum developed under paragraph (1)

with the request that such officers disseminate such copies as

appropriate throughout the State; and

(B) make such copies available to the public.

-SOURCE-

(Pub. L. 100-607, title II, Sec. 253, Nov. 4, 1988, 102 Stat. 3108;

Pub. L. 100-690, title II, Sec. 2602(c), Nov. 18, 1988, 102 Stat.

4234; Pub. L. 102-531, title III, Sec. 312(e)(3), Oct. 27, 1992,

106 Stat. 3506.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsec. (b), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 651 of

Title 29 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the AIDS Amendments of 1988 and as

part of the Health Omnibus Programs Extension of 1988, and not as

part of the Public Health Service Act which comprises this chapter.

-MISC1-

AMENDMENTS

1992 - Subsecs. (a), (c)(1), (4). Pub. L. 102-531 substituted

"Centers for Disease Control and Prevention" for "Centers for

Disease Control".

1988 - Subsec. (a). Pub. L. 100-690 substituted "health workers

and public safety workers" for "health workers, public safety

workers".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY

AND HEPATITIS B VIRUSES DURING INVASIVE PROCEDURES

Pub. L. 102-141, title VI, Sec. 633, Oct. 28, 1991, 105 Stat.

876, provided that: "Notwithstanding any other provision of law,

each State Public Health Official shall, not later than one year

after the date of enactment of this Act [Oct. 28, 1991], certify to

the Secretary of Health and Human Services that guidelines issued

by the Centers for Disease Control, or guidelines which are

equivalent to those promulgated by the Centers for Disease Control

concerning recommendations for preventing the transmission of the

human immunodeficiency virus and the hepatitis B virus during

exposure prone invasive procedures, except for emergency situations

when the patient's life or limb is in danger, have been instituted

in the State. State guidelines shall apply to health professionals

practicing within the State and shall be consistent with Federal

law. Compliance with such guidelines shall be the responsibility of

the State Public Health Official. Said responsibilities shall

include a process for determining what appropriate disciplinary or

other actions shall be taken to ensure compliance. If such

certification is not provided under this section within the

one-year period, the State shall be ineligible to receive

assistance under the Public Health Service Act (42 U.S.C. 301 [201]

et seq.) until such certification is provided, except that the

Secretary may extend the time period for a State, upon application

of such State, that additional time is required for instituting

said guidelines."

[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 sections 300ee-12, 300ff-80 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "respect to".

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

-HEAD-

Sec. 300ee-3. Continuing education for health care providers

-STATUTE-

(a) In general

The Secretary of Health and Human Services (hereafter in this

section referred to as the "Secretary") may make grants to

nonprofit organizations composed of, or representing, health care

providers to assist in the payment of the costs of projects to

train such providers concerning -

(1) appropriate infection control procedures to reduce the

transmission of the etiologic agent for acquired immune

deficiency syndrome; and

(2) the provision of care and treatment to individuals with

such syndrome or related illnesses.

(b) Limitation

The Secretary may make a grant under subsection (a) of this

section to an entity only if the entity will provide services under

the grant in a geographic area, or to a population of individuals,

not served by a program substantially similar to the program

described in subsection (a) of this section.

(1) The Secretary may not make a grant under subsection (a) of

this section unless the applicant for the grant agrees, with

respect to the costs to be incurred by the applicant in carrying

out the purpose described in such subsection, to make available,

directly or through donations from public or private entities,

non-Federal contributions (in cash or in kind under paragraph (2))

toward such costs in an amount equal to not less than $2 for each

$1 of Federal funds provided in such payments.

(2) Non-Federal contributions required in paragraph (1) may be in

cash or in kind, fairly evaluated, including plant, equipment, or

services. 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.

(d) Requirement of application

The Secretary may not make a grant under subsection (a) of this

section unless -

(1) an application for the grant is submitted to the Secretary;

(2) with respect to carrying out the purpose for which the

grant is to be made, the application provides assurances of

compliance satisfactory to the Secretary; and

(3) the application otherwise 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

section.

(e) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 1989 through 1991.

-SOURCE-

(Pub. L. 100-607, title II, Sec. 254, Nov. 4, 1988, 102 Stat.

3109.)

-COD-

CODIFICATION

Section was enacted as part of the AIDS Amendments of 1988 and as

part of the Health Omnibus Programs Extension of 1988, and not as

part of the Public Health Service Act which comprises this chapter.

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

-HEAD-

Sec. 300ee-4. Technical assistance

-STATUTE-

The Secretary of Health and Human Services shall provide

technical assistance to public and nonprofit private entities

carrying out programs, projects, and activities relating to

acquired immune deficiency syndrome.

-SOURCE-

(Pub. L. 100-607, title II, Sec. 255, Nov. 4, 1988, 102 Stat.

3110.)

-COD-

CODIFICATION

Section was enacted as part of the AIDS Amendments of 1988 and as

part of the Health Omnibus Programs Extension of 1988, and not as

part of the Public Health Service Act which comprises this chapter.

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

-HEAD-

Sec. 300ee-5. Use of funds to supply hypodermic needles or syringes

for illegal drug use; prohibition

-STATUTE-

None of the funds provided under this Act or an amendment made by

this Act shall be used to provide individuals with hypodermic

needles or syringes so that such individuals may use illegal drugs,

unless the Surgeon General of the Public Health Service determines

that a demonstration needle exchange program would be effective in

reducing drug abuse and the risk that the public will become

infected with the etiologic agent for acquired immune deficiency

syndrome.

-SOURCE-

(Pub. L. 100-607, title II, Sec. 256(b), Nov. 4, 1988, 102 Stat.

3110; Pub. L. 100-690, title II, Sec. 2602(d)(1), Nov. 18, 1988,

102 Stat. 4234.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 100-607, Nov. 4, 1988,

102 Stat. 3048, as amended, known as the "Health Omnibus Programs

Extension of 1988". For complete classification of this Act to the

Code, see Short Title of 1988 Amendments note set out under section

201 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the AIDS Amendments of 1988 and as

part of the Health Omnibus Programs Extension of 1988, and not as

part of the Public Health Service Act which comprises this chapter.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 substituted "Surgeon General of the Public

Health Service" for "Surgeon General of the United States".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, 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 300x-31 of this title.

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

-HEAD-

Sec. 300ee-6. Transferred

-COD-

CODIFICATION

Section, Pub. L. 100-607, title IX, Sec. 902, Nov. 4, 1988, 102

Stat. 3171; Pub. L. 100-690, title II, Sec. 2605(a), Nov. 18, 1988,

102 Stat. 4234, which provided for testing of State prisoners, was

renumbered section 2648 of the Public Health Service Act by Pub. L.

101-381, title III, Sec. 301(b)(1), Aug. 18, 1990, 104 Stat. 615,

and transferred to section 300ff-48 of this title, prior to repeal

by Pub. L. 106-345, title III, Sec. 301(a), Oct. 20, 2000, 114

Stat. 1345.

-End-

-CITE-

42 USC Part A - Formula Grants to States 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

PART A - FORMULA GRANTS TO STATES

-End-

-CITE-

42 USC Sec. 300ee-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-11. Establishment of program

-STATUTE-

(a) Allotments for States

For the purpose described in subsection (b) of this section, the

Secretary shall for each of the fiscal years 1989 through 1991 make

an allotment for each State in an amount determined in accordance

with section 300ee-17 of this title. The Secretary shall make

payments each such fiscal year to each State from the allotment for

the State if the Secretary approves for the fiscal year involved an

application submitted by the State pursuant to section 300ee-13 of

this title.

(b) Purpose of grants

The Secretary may not make payments under subsection (a) of this

section for a fiscal year unless the State involved agrees to

expend the payments only for the purpose of carrying out, in

accordance with section 300ee-12 of this title, public information

activities with respect to acquired immune deficiency syndrome.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2501, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3093; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2501 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

300ee-14, 300ee-15, 300ee-16, 300ee-17, 300ee-18, 300ee-19,

300ee-20, 300ee-24 of this title.

-End-

-CITE-

42 USC Sec. 300ee-12 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-12. Provisions with respect to carrying out purpose of

grants

-STATUTE-

A State may expend payments received under section 300ee-11(a) of

this title -

(1) to develop, establish, and conduct public information

activities relating to the prevention and diagnosis of acquired

immune deficiency syndrome for those populations or communities

in the State in which there are a significant number of

individuals at risk of infection with the etiologic agent for

such syndrome;

(2) to develop, establish, and conduct such public information

activities for the general public relating to the prevention and

diagnosis of such syndrome;

(3) to develop, establish, and conduct activities to reduce

risks relating to such syndrome, including research into the

prevention of such syndrome;

(4) to conduct demonstration projects for the prevention of

such syndrome;

(5) to provide technical assistance to public entities, to

nonprofit private entities concerned with such syndrome, to

schools, and to employers, for the purpose of developing

information programs relating to such syndrome;

(6) with respect to education and training programs for the

prevention of such syndrome, to conduct such programs for health

professionals (including allied health professionals), public

safety workers (including emergency response employees),

teachers, school administrators, and other appropriate education

personnel;

(7) to conduct appropriate programs for educating school-aged

children with respect to such syndrome, after consulting with

local school boards;

(8) to make available to physicians and dentists in the State

information with respect to acquired immune deficiency syndrome,

including measures for the prevention of exposure to, and the

transmission of, the etiologic agent for such syndrome (which

information is updated not less than annually with the most

recently available scientific date (!1) relating to such

syndrome);

(9) to carry out the initial implementation of recommendations

contained in the guidelines and the model curriculum developed

under section 300ee-2 of this title; and

(10) to make grants to public entities, and to nonprofit

private entities concerned with acquired immune deficiency

syndrome, for the purpose of the development, establishment, and

expansion of programs for education directed toward individuals

at increased risk of infection with the etiologic agent for such

syndrome and activities to reduce the risks of exposure to such

etiologic agent, with preference to programs directed toward

populations in which there is significant evidence of such

infection.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2502, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3094; amended Pub. L. 100-690, title II, Sec. 2619(b), Nov. 18,

1988, 102 Stat. 4242; renumbered title XXV, Pub. L. 101-93, Sec.

5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2502 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238a of this title.

AMENDMENTS

1988 - Par. (9). Pub. L. 100-690 made technical amendment to

reference to section 300ee-2 of this title to correct reference to

corresponding provision of original act.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, 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 300ee-11, 300ee-16 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "data".

-End-

-CITE-

42 USC Sec. 300ee-13 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-13. Requirement of submission of application containing

certain agreements and assurances

-STATUTE-

(a) In general

The Secretary may not make payments under section 300ee-11(a) of

this title for a fiscal year unless -

(1) the State involved submits to the Secretary a description

of the purposes for which the State intends to expend the

payments for the fiscal year;

(2) the description identifies the populations, areas, and

localities in the State with a need for the services for which

amounts may be provided by the State under this part;

(3) the description provides information relating to the

programs and activities to be supported and services to be

provided, including a description of the manner in which such

programs and activities will be coordinated with any similar

programs and activities of public and private entities;

(4) the State submits to the Secretary an application for the

payments containing agreements in accordance with this part;

(5) the agreements are made through certification from the

chief executive officer of the State;

(6) with respect to such agreements, the application provides

assurances of compliance satisfactory to the Secretary; and

(7) the application otherwise 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

part.

(b) Opportunity for public comment

The Secretary may not make payments under section 300ee-11(a) of

this title for a fiscal year unless the State involved agrees that,

in developing and carrying out the description required in

subsection (a) of this section, the State will provide public

notice with respect to the description (including any revisions)

and will facilitate comments from interested persons.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2503, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3095; amended Pub. L. 100-690, title II, Sec. 2619(c), Nov. 18,

1988, 102 Stat. 4242; renumbered title XXV, Pub. L. 101-93, Sec.

5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2503 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238b of this title.

AMENDMENTS

1988 - Subsec. (a)(3). Pub. L. 100-690 struck out "and" after

semicolon.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, 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 300ee-11, 300ee-15,

300ee-17, 300ee-18 of this title.

-End-

-CITE-

42 USC Sec. 300ee-14 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-14. Restrictions on use of grant

-STATUTE-

(a) In general

The Secretary may not make payments under section 300ee-11(a) of

this title for a fiscal year unless the State involved agrees that

the payments will not be expended -

(1) to provide inpatient services;

(2) to make cash payments to intended recipients of services;

(3) to purchase or improve real property (other than minor

remodeling of existing improvements to real property) or to

purchase major medical equipment; or

(4) to satisfy any requirement for the expenditure of

non-Federal funds as a condition for the receipt of Federal

funds.

(b) Limitation on administrative expenses

The Secretary may not make payments under section 300ee-11(a) of

this title for a fiscal year unless the State involved agrees that

the State will not expend more than 5 percent of the payments for

administrative expenses with respect to carrying out the purpose

described in section 300ee-11(b) of this title.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2504, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3095; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2504 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238c of this title.

-End-

-CITE-

42 USC Sec. 300ee-15 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-15. Requirement of reports and audits by States

-STATUTE-

(a) Reports

The Secretary may not make payments under section 300ee-11(a) of

this title for a fiscal year unless the State involved agrees to

prepare and submit to the Secretary an annual report in such form

and containing such information as the Secretary determines to be

necessary for -

(1) securing a record and a description of the purposes for

which payments received by the State pursuant to such section

were expended and of the recipients of such payments;

(2) determining whether the payments were expended in

accordance with the needs within the State required to be

identified pursuant to section 300ee-13(a)(2) of this title;

(3) determining whether the payments were expended in

accordance with the purpose described in section 300ee-11(b) of

this title; and

(4) determining the percentage of payments received pursuant to

such section that were expended by the State for administrative

expenses during the preceding fiscal year.

(b) Audits

(1) The Secretary may not make payments under section 300ee-11(a)

of this title for a fiscal year unless the State involved agrees to

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.

(2) The Secretary may not make payments under section 300ee-11(a)

of this title for a fiscal year unless the State involved agrees

that -

(A) the State will provide for -

(i) a financial and compliance audit of such payments; or

(ii) a single financial and compliance audit of each entity

administering such payments;

(B) the audit will be performed biennially and will cover

expenditures in each fiscal year; and

established by the Comptroller General of the United States for

the audit of governmental organizations, programs, activities,

and functions.

(3) The Secretary may not make payments under section 300ee-11(a)

of this title for a fiscal year unless the State involved agrees

that, not later than 30 days after the completion of an audit under

paragraph (2), the State will provide a copy of the audit report to

the State legislature.

(4) For purposes of paragraph (2), the term "financial and

compliance audit" means an audit to determine whether the financial

statements of an audited entity present fairly the financial

position, and the results of financial operations, of the entity in

accordance with generally accepted accounting principles, and

whether the entity has complied with laws and regulations that may

have a material effect upon the financial statements.

The Secretary may not make payments under section 300ee-11(a) of

this title for a fiscal year unless the State involved agrees to

make copies of the reports and audits described in this section

available for public inspection.

(d) Evaluations by Comptroller General

The Comptroller General of the United States shall, from time to

time, evaluate the expenditures by States of payments received

under section 300ee-11(a) of this title in order to ensure that

expenditures are consistent with the provisions of this part.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2505, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3095; amended Pub. L. 100-690, title II, Sec. 2619(d), Nov. 18,

1988, 102 Stat. 4242; renumbered title XXV, Pub. L. 101-93, Sec.

5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2505 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238d of this title.

AMENDMENTS

1988 - Subsec. (b)(1), (2). Pub. L. 100-690 substituted "make

payments" for "payments".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-End-

-CITE-

42 USC Sec. 300ee-16 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-16. Additional required agreements

-STATUTE-

(a) In general

The Secretary may not, except as provided in subsection (b) of

this section, make payments under section 300ee-11(a) of this title

for a fiscal year unless the State involved agrees that -

(1) all programs conducted or supported by the State with such

payments will establish objectives for the program and will

determine the extent to which the objectives are met;

(2) information provided under this part will be scientifically

accurate and factually correct;

(3) in carrying out section 300ee-11(b) of this title, the

State will give priority to programs described in section

300ee-12(10) of this title for individuals described in such

section;

(4) with respect to a State in which there is a substantial

number of individuals who are intravenous substance abusers, the

State will place priority on activities under this part directed

at such substance abusers;

(5) with respect to a State in which there is a significant

incidence of reported cases of acquired immune deficiency

syndrome, the State will -

(A) for the purpose described in subsection (b) of section

300ee-11 of this title, expend not less than 50 percent of

payments received under subsection (a) of such section for a

fiscal year -

(i) to make grants to public entities, to migrant health

centers (as defined in section 254b(a) (!1) of this title),

to community health centers (as defined in section 254c(a)

(!1) of this title), and to nonprofit private entities

concerned with acquired immune deficiency syndrome; or

(ii) to enter into contracts with public and private

entities; and

(B) of the amounts reserved for a fiscal year by the State

for expenditures required in subparagraph (A), expend not less

than 50 percent to carry out section 300ee-12(10) of this title

through grants to nonprofit private entities, including

minority entities, concerned with acquired immune deficiency

syndrome located in and representative of communities and

subpopulations reflecting the local incidence of such syndrome;

(6) with respect to programs carried out pursuant to section

300ee-12(10) of this title, the State will ensure that any

applicant for a grant under such section agrees -

(A) that any educational or informational materials developed

with a grant pursuant to such section will contain material,

and be presented in a manner, that is specifically directed

toward the group for which such materials are intended;

(B) to provide a description of the manner in which the

applicant has planned the program in consultation with, and of

the manner in which such applicant will consult during the

conduct of the program with -

(i) appropriate local officials and community groups for

the area to be served by the program;

(ii) organizations comprised of, and representing, the

specific population to which the education or prevention

effort is to be directed; and

(iii) individuals having expertise in health education and

in the needs of the population to be served;

has continuing relationships, or will establish continuing

relationships, with a portion of the population in the service

area that is at risk of infection with the etiologic agent for

acquired immune deficiency syndrome and with public and private

entities in such area that provide health or other support

services to individuals with such infection;

(D) to provide a description of -

(i) the objectives established by the applicant for the

conduct of the program; and

(ii) the methods the applicant will use to evaluate the

activities conducted under the program to determine if such

objectives are met; and

(E) such other information as the Secretary may prescribe;

(7) with respect to programs carried out pursuant to section

300ee-12(10) of this title, the State will give preference to any

applicant for a grant pursuant to such section that is located

in, has a history of service in, and will serve under the

program, any geographic area in which -

(A) there is a significant incidence of acquired immune

deficiency syndrome;

(B) there has been a significant increase in the incidence of

such syndrome; or

etiologic agent for such syndrome;

(8) the State will establish reasonable criteria to evaluate

the effective performance of entities that receive funds from

payments made to the State under section 300ee-11(a) of this

title and will establish procedures for procedural and

substantive independent State review of the failure by the State

to provide funds for any such entity;

(9) the State will permit and cooperate with Federal

investigations undertaken in accordance with section 300ee-18(e)

of this title;

(10) the State will maintain State expenditures for services

provided pursuant to section 300ee-11 of this title at a level

equal to not less than the average level of such expenditures

maintained by the State for the 2-year period preceding the

fiscal year for which the State is applying to receive payments.

(b) "Significant percentage" defined

For purposes of subsection (a)(5) of this section, the term

"significant percentage" means at least a percentage of 1 percent

of the number of reported cases of acquired immune deficiency

syndrome in the United States.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2506, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3097; amended Pub. L. 100-690, title II, Sec. 2619(d) [(e)], Nov.

18, 1988, 102 Stat. 4243; renumbered title XXV, Pub. L. 101-93,

Sec. 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

-REFTEXT-

REFERENCES IN TEXT

Sections 254b and 254c of this title, referred to in subsec.

(a)(5)(A)(i), were in the original references to sections 329 and

330, meaning sections 329 and 330 of act July 1, 1944, which were

omitted in the general amendment of subpart I (Sec. 254b et seq.)

of part D of subchapter II of this chapter by Pub. L. 104-299, Sec.

2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L.

104-299 enacted new sections 330 and 330A of act July 1, 1944,

which are classified, respectively, to sections 254b and 254c of

this title.

-MISC1-

PRIOR PROVISIONS

A prior section 2506 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238e of this title.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-690, Sec. 2619(d)(1) [(e)(1)],

designated existing provisions as subsec. (a).

Subsec. (a)(5). Pub. L. 100-690, Sec. 2619(d)(2) [(e)(2)], struck

out concluding provisions which read as follows: "(For purposes of

this section, the term 'significant percentage' means at least a

percentage of 1 percent of the number of reported cases of such

syndrome in the United States);".

Subsec. (a)(8). Pub. L. 100-690, Sec. 2619(d)(3) [(e)(3)],

substituted "funds from payments" for "funds from to payments" and

struck out "and" after semicolon.

Subsec. (a)(9). Pub. L. 100-690, Sec. 2619(d)(4) [(e)(4)],

substituted "section 300ee-18(e) of this title" for "section

300ee-19(e) of this title".

Subsec. (b). Pub. L. 100-690, Sec. 2619(d)(5) [(e)(5)], added

subsec. (b).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH

CENTER CONSIDERED REFERENCE TO HEALTH CENTER

Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300ee-17 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-17. Determination of amount of allotments for States

-STATUTE-

(a) Minimum allotment

Subject to the extent of amounts made available in appropriation

Acts, the allotment for a State under section 300ee-11(a) of this

title for a fiscal year shall be the greater of -

(1) the applicable amount specified in subsection (b) of this

section; or

(2) the amount determined in accordance with subsection (c) of

this section.

(b) Determination of minimum allotment

(1) If the total amount appropriated under section 300ee-24(a) of

this title for a fiscal year exceeds $100,000,000, the amount

referred to in subsection (a)(1) of this section shall be $300,000

for the fiscal year.

(2) If the total amount appropriated under section 300ee-24(a) of

this title for a fiscal year equals or exceeds $50,000,000, but is

less than $100,000,000, the amount referred to in subsection (a)(1)

of this section shall be $200,000 for the fiscal year.

(3) If the total amount appropriated under section 300ee-24(a) of

this title for a fiscal year is less than $50,000,000, the amount

referred to in subsection (a)(1) of this section shall be $100,000

for the fiscal year.

(1) The amount referred to in subsection (a)(2) of this section

is the sum of -

(A) the amount determined under paragraph (2); and

(B) the amount determined under paragraph (3).

(2) The amount referred to in paragraph (1)(A) is the product of

(A) an amount equal to 50 percent of the amounts appropriated

pursuant to section 300ee-24(a) of this title; and

(B) a percentage equal to the quotient of -

(i) the population of the State involved; divided by

(ii) the population of the United States.

(3) The amount referred to in paragraph (1)(B) is the product of

(A) an amount equal to 50 percent of the amounts appropriated

pursuant to section 300ee-24(a) of this title; and

(B) a percentage equal to the quotient of -

(i) the number of additional cases of acquired immune

deficiency syndrome reported to and confirmed by the Secretary

for the State involved for the most recent fiscal year for

which such data is available; divided by

(ii) the number of additional cases of such syndrome reported

to and confirmed by the Secretary for the United States for

such fiscal year.

(d) Disposition of certain funds appropriated for allotments

(1) Amounts described in paragraph (2) shall be allotted by the

Secretary to States receiving payments under section 300ee-11(a) of

this title for the fiscal year (other than any State referred to in

paragraph (2)(C)). Such amounts shall be allotted according to a

formula established by the Secretary. The formula shall be

equivalent to the formula described in this section under which the

allotment under section 300ee-11(a) of this title for the State for

the fiscal year involved was determined.

(2) The amounts referred to in paragraph (1) are any amounts that

are not paid to States under section 300ee-11(a) of this title as a

result of -

(A) the failure of any State to submit an application under

section 300ee-13 of this title;

(B) the failure, in the determination of the Secretary, of any

State to prepare within a reasonable period of time such

application in compliance with such section; or

intend to expend the full amount of the allotment made to the

State.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2507, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3098; amended Pub. L. 100-690, title II, Sec. 2619(e) [(f)], Nov.

18, 1988, 102 Stat. 4243; renumbered title XXV and amended Pub. L.

101-93, Sec. 5(e)(1), (2), Aug. 16, 1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2507 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238f of this title.

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-93, Sec. 5(e)(2), substituted

"Subject to the extent of amounts made available in appropriation

Acts, the allotment" for "The allotment".

1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 2619(e)(1) [(f)(1)],

substituted "applicable amount specified" for "amount described".

Subsec. (b)(1). Pub. L. 100-690, Sec. 2619(e)(2)(A)(i)

[(f)(2)(A)(i)], made technical amendment to reference to section

300ee-24(a) of this title to correct reference to corresponding

provision of original act.

Pub. L. 100-690, Sec. 2619(e)(2)(A)(ii) [(f)(2)(A)(ii)],

substituted "subsection (a)(1) of this section shall be" for

"subsection (a)(1) of this section is".

Subsec. (b)(2), (3). Pub. L. 100-690, Sec. 2619(e)(2)(B), (C)

[(f)(2)(B), (C)], substituted "subsection (a)(1) of this section

shall be" for "subsection (a)(1) of this section is".

Subsec. (d). Pub. L. 100-690, Sec. 2619(e)(3) [(f)(3)],

substituted "allotment under section 300ee-11(a) of this title" for

"allotment" in par. (1) and "section 300ee-13 of this title" for

"section 300ee-17 of this title" in par. (2)(A).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, 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 300ee-11 of this title.

-End-

-CITE-

42 USC Sec. 300ee-18 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-18. Failure to comply with agreements

-STATUTE-

(a) Repayment of payments

(1) The Secretary may, subject to subsection (c) of this section,

require a State to repay any payments received by the State under

section 300ee-11(a) of this title that the Secretary determines

were not expended by the State in accordance with the agreements

required to be contained in the application submitted by the State

pursuant to section 300ee-13 of this title.

(2) If a State fails to make a repayment required in paragraph

(1), the Secretary may offset the amount of the repayment against

the amount of any payment due to be paid to the State under section

300ee-11(a) of this title.

(b) Withholding of payments

(1) The Secretary may, subject to subsection (c) of this section,

withhold payments due under section 300ee-11(a) of this title if

the Secretary determines that the State involved is not expending

amounts received under such section in accordance with the

agreements required to be contained in the application submitted by

the State pursuant to section 300ee-13 of this title.

(2) The Secretary shall cease withholding payments from a State

under paragraph (1) if the Secretary determines that there are

reasonable assurances that the State will expend amounts received

under section 300ee-11(a) of this title in accordance with the

agreements referred to in such paragraph.

(3) The Secretary may not withhold funds under paragraph (1) from

a State for a minor failure to comply with the agreements referred

to in such paragraph.

Before requiring repayment of payments under subsection (a)(1) of

this section, or withholding payments under subsection (b)(1) of

this section, the Secretary shall provide to the State an

opportunity for a hearing conducted within the State.

(d) Prompt response to serious allegations

The Secretary shall promptly respond to any complaint of a

substantial or serious nature that a State has failed to expend

amounts received under section 300ee-11(a) of this title in

accordance with the agreements required to be contained in the

application submitted by the State pursuant to section 300ee-13 of

this title.

(e) Investigations

(1) The Secretary shall conduct in several States in each fiscal

year investigations of the expenditure of payments received by the

States under section 300ee-11(a) of this title in order to evaluate

compliance with the agreements required to be contained in the

applications submitted to the Secretary pursuant to section

300ee-13 of this title.

(2) The Comptroller General of the United States may conduct

investigations of the expenditure of funds received under section

300ee-11(a) of this title by a State in order to ensure compliance

with the agreements referred to in paragraph (1).

(3) Each State, and each entity receiving funds from payments

made to a State under section 300ee-11(a) of this title, shall make

appropriate books, documents, papers, and records available to the

Secretary and the Comptroller General of the United States, or any

of their duly authorized representatives, for examination, copying,

or mechanical reproduction on or off the premises of the

appropriate entity upon a reasonable request therefor.

(4)(A) In conducting any investigation in a State, the Secretary

and the Comptroller General of the United States may not make a

request for any information not readily available to the State, or

to an entity receiving funds from payments made to the State under

section 300ee-11(a) of this title, or make an unreasonable request

for information to be compiled, collected, or transmitted in any

form not readily available.

(B) Subparagraph (A) shall not apply to the collection,

compilation, or transmittal of data in the course of a judicial

proceeding.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2508, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3099; amended Pub. L. 100-690, title II, Sec. 2619(f) [(g)], Nov.

18, 1988, 102 Stat. 4243; renumbered title XXV, Pub. L. 101-93,

Sec. 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2508 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238g of this title.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-690, Sec. 2619(f)(1) [(g)(1)],

substituted "300ee-13 of this title" for "300ee-17 of this title".

Subsec. (b). Pub. L. 100-690, Sec. 2619(f)(2) [(g)(2)], inserted

"of payments" after "Withholding" in heading and substituted

"300ee-13 of this title" for "300ee-17 of this title" in par. (1).

Subsecs. (d), (e)(1). Pub. L. 100-690, Sec. 2619(f)(3), (4)

[(g)(3), (4)], substituted "300ee-13 of this title" for "300ee-17

of this title".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, 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 300ee-16 of this title.

-End-

-CITE-

42 USC Sec. 300ee-19 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-19. Prohibition against certain false statements

-STATUTE-

(a) In general

(1) A person may not knowingly make or cause to be made any false

statement or representation of a material fact in connection with

the furnishing of items or services for which amounts may be paid

by a State from payments received by the State under section

300ee-11(a) of this title.

(2) A person with knowledge of the occurrence of any event

affecting the right of the person to receive any amounts from

payments made to the State under section 300ee-11(a) of this title

may not conceal or fail to disclose any such event with the intent

of fraudulently securing such amounts.

(b) Criminal penalty for violation of prohibition

Any person who violates a prohibition established in subsection

(a) of this section may for each violation be fined in accordance

with title 18, or imprisoned for not more than 5 years, or both.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2509, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3101; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2509 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238h of this title.

-End-

-CITE-

42 USC Sec. 300ee-20 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-20. Technical assistance and provision by Secretary of

supplies and services in lieu of grant funds

-STATUTE-

(a) Technical assistance

The Secretary may provide training and technical assistance to

States with respect to the planning, development, and operation of

any program or service carried out pursuant to this part. The

Secretary may provide such technical assistance directly or through

grants or contracts.

(b) Provision by Secretary of supplies and services in lieu of

grant funds

(1) Upon the request of a State receiving payments under this

part, the Secretary may, subject to paragraph (2), provide

supplies, equipment, and services for the purpose of aiding the

State in carrying out such part and, for such purpose, may detail

to the State any officer or employee of the Department of Health

and Human Services.

(2) With respect to a request described in paragraph (1), the

Secretary shall reduce the amount of payments under section

300ee-11(a) of this title to the State by an amount equal to the

costs of detailing personnel 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 XXV, formerly title XV, Sec. 2510, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3101; amended Pub. L. 100-690, title II, Sec. 2619(g) [(h)], Nov.

18, 1988, 102 Stat. 4243; renumbered title XXV, Pub. L. 101-93,

Sec. 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2510 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238i of this title.

AMENDMENTS

1988 - Subsec. (b)(2). Pub. L. 100-690 substituted "section

300ee-11(a) of this title" for "the program involved".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-End-

-CITE-

42 USC Sec. 300ee-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-21. Evaluations

-STATUTE-

The Secretary shall, directly or through grants or contracts,

evaluate the services provided and activities carried out with

payments to States under this part.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2511, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3101; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2511 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238j of this title.

-End-

-CITE-

42 USC Sec. 300ee-22 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-22. Report by Secretary

-STATUTE-

The Secretary shall annually prepare a report on the activities

of the States carried out pursuant to this part. Such report may

include any recommendations of the Secretary for appropriate

administrative and legislative initiatives. The report shall be

submitted to the Congress through inclusion in the comprehensive

report required in section 300cc(a) of this title.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2512, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3101; amended Pub. L. 100-690, title II, Sec. 2619(h) [(i)], Nov.

18, 1988, 102 Stat. 4243; renumbered title XXV, Pub. L. 101-93,

Sec. 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2512 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238k of this title.

AMENDMENTS

1988 - Pub. L. 100-690 substituted "section 300cc(a)" for

"section 300cc".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-End-

-CITE-

42 USC Sec. 300ee-23 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-23. Definition

-STATUTE-

For purposes of this part, the term "infection with the etiologic

agent for acquired immune deficiency syndrome" includes any

condition arising from such etiologic agent.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2513, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3102; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2513 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238l of this title.

-End-

-CITE-

42 USC Sec. 300ee-24 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A - Formula Grants to States

-HEAD-

Sec. 300ee-24. Funding

-STATUTE-

(a) Authorization of appropriations

For the purpose of making allotments under section 300ee-11(a) of

this title, there are authorized to be appropriated $165,000,000

for fiscal year 1989 and such sums as may be necessary for each of

the fiscal years 1990 and 1991.

(b) Availability to States

Any amounts paid to a State under section 300ee-11(a) of this

title shall remain available to the State until the expiration of

the 1-year period beginning on the date on which the State receives

such amounts.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2514, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3102; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612.)

-MISC1-

PRIOR PROVISIONS

A prior section 2514 of act July 1, 1944, was successively

renumbered by subsequent acts, see section 238m of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300ee-17 of this title.

-End-

-CITE-

42 USC Part B - National Information Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part B - National Information Programs

-HEAD-

PART B - NATIONAL INFORMATION PROGRAMS

-End-

-CITE-

42 USC Sec. 300ee-31 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part B - National Information Programs

-HEAD-

Sec. 300ee-31. Availability of information to general public

-STATUTE-

(a) Comprehensive information plan

The Secretary, acting through the Director of the Centers for

Disease Control and Prevention, shall annually prepare a

comprehensive plan, including a budget, for a National Acquired

Immune Deficiency Syndrome Information Program. The plan shall

contain provisions to implement the provisions of this subchapter.

The Director shall submit such plan to the Secretary. The authority

established in this subsection may not be construed to be the

exclusive authority for the Director to carry out information

activities with respect to acquired immune deficiency syndrome.

(b) Clearinghouse

(1) The Secretary, acting through the Director of the Centers for

Disease Control and Prevention, may establish a clearinghouse to

make information concerning acquired immune deficiency syndrome

available to Federal agencies, States, public and private entities,

and the general public.

(2) The clearinghouse may conduct or support programs -

(A) to develop and obtain educational materials, model

curricula, and methods directed toward reducing the transmission

of the etiologic agent for acquired immune deficiency syndrome;

(B) to provide instruction and support for individuals who

provide instruction in methods and techniques of education

relating to the prevention of acquired immune deficiency syndrome

and instruction in the use of the materials and curricula

described in subparagraph (A); and

materials, curricula, and methods described in paragraph (1) and

the efficacy of such materials, curricula, and methods in

preventing infection with the the (!1) etiologic agent for

acquired immune deficiency syndrome.

The Secretary shall provide for the establishment and maintenance

of toll-free telephone communications to provide information to,

and respond to queries from, the public concerning acquired immune

deficiency syndrome. Such communications shall be available on a

24-hour basis.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2521, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3102; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612; amended Pub. L. 102-531, title III, Sec.

312(d)(22), Oct. 27, 1992, 106 Stat. 3505.)

-MISC1-

AMENDMENTS

1992 - Subsecs. (a), (b)(1). Pub. L. 102-531 substituted "Centers

for Disease Control and Prevention" for "Centers for Disease

Control".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300ee-34 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 300ee-32 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part B - National Information Programs

-HEAD-

Sec. 300ee-32. Public information campaigns

-STATUTE-

(a) In general

The Secretary, acting through the Director of the Centers for

Disease Control and Prevention, may make grants to public entities,

and to nonprofit private entities concerned with acquired immune

deficiency syndrome, and shall enter into contracts with public and

private entities, for the development and delivery of public

service announcements and paid advertising messages that warn

individuals about activities which place them at risk of infection

with the etiologic agent for such syndrome.

(b) Requirement of application

The Secretary may not provide financial assistance under

subsection (a) of this section unless -

(1) an application for such assistance is submitted to the

Secretary;

(2) with respect to carrying out the purpose for which the

assistance is to be provided, the application provides assurances

of compliance satisfactory to the Secretary; and

(3) the application otherwise 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

section.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2522, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3103; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612; amended Pub. L. 102-531, title III, Sec.

312(d)(23), Oct. 27, 1992, 106 Stat. 3505.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-531 substituted "Centers for

Disease Control and Prevention" for "Centers for Disease Control".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300ee-34 of this title.

-End-

-CITE-

42 USC Sec. 300ee-33 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part B - National Information Programs

-HEAD-

Sec. 300ee-33. Provision of information to underserved populations

-STATUTE-

(a) In general

The Secretary may make grants to public entities, to migrant

health centers (as defined in section 254b(a) (!1) of this title),

to community health centers (as defined in section 254c(a) (!1) of

this title), and to nonprofit private entities concerned with

acquired immune deficiency syndrome, for the purpose of assisting

grantees in providing services to populations of individuals that

are underserved with respect to programs providing information on

the prevention of exposure to, and the transmission of, the

etiologic agent for acquired immune deficiency syndrome.

(b) Preferences in making grants

In making grants under subsection (a) of this section, the

Secretary shall give preference to any applicant for such a grant

that has the ability to disseminate rapidly the information

described in subsection (a) of this section (including any national

organization with such ability).

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2523, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3103; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 16,

1989, 103 Stat. 612.)

-REFTEXT-

REFERENCES IN TEXT

Sections 254b and 254c of this title, referred to in subsec. (a),

were in the original references to sections 329 and 330, meaning

sections 329 and 330 of act July 1, 1944, which were omitted in the

general amendment of subpart I (Sec. 254b et seq.) of part D of

subchapter II of this chapter by Pub. L. 104-299, Sec. 2, Oct. 11,

1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299

enacted new sections 330 and 330A of act July 1, 1944, which are

classified, respectively, to sections 254b and 254c of this title.

-MISC1-

REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH

CENTER CONSIDERED REFERENCE TO HEALTH CENTER

Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300ee-34 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 300ee-34 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part B - National Information Programs

-HEAD-

Sec. 300ee-34. Authorization of appropriations

-STATUTE-

(a) In general

For the purpose of carrying out sections 300ee-31 through

300ee-33 of this title, there are authorized to be appropriated

$105,000,000 for fiscal year 1989 and such sums as may be necessary

for each of the fiscal years 1990 and 1991.

(b) Allocations

(1) Of the amounts appropriated pursuant to subsection (a) of

this section, the Secretary shall make available $45,000,000 to

carry out section 300ee-32 of this title and $30,000,000 to carry

out this part through financial assistance to minority entities for

the provision of services to minority populations.

(2) After consultation with the Director of the Office of

Minority Health and with the Indian Health Service, the Secretary,

acting through the Director of the Centers for Disease Control and

Prevention, shall, not later than 90 days after November 4, 1988,

publish guidelines to provide procedures for applications for

funding pursuant to paragraph (1) and for public comment.

-SOURCE-

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2524, as

added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat.

3103; amended Pub. L. 100-690, title II, Sec. 2619(i) [(j)], Nov.

18, 1988, 102 Stat. 4244; renumbered title XXV, Pub. L. 101-93,

Sec. 5(e)(1), Aug. 16, 1989, 103 Stat. 612; Pub. L. 102-531, title

III, Sec. 312(d)(24), Oct. 27, 1992, 106 Stat. 3505.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(2). Pub. L. 102-531 substituted "Centers for

Disease Control and Prevention" for "Centers for Disease Control".

1988 - Subsec. (b)(2). Pub. L. 100-690 substituted "the date of

the enactment of the AIDS Amendments of 1988" for "the date of the

enactment of this section", which for purposes of codification was

translated as "November 4, 1988".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

-End-

-CITE-

42 USC SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM

-HEAD-

SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 247c-2, 256b, 256d of

this title.

-End-

-CITE-

42 USC Sec. 300ff 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM

-HEAD-

Sec. 300ff. Purpose

-STATUTE-

It is the purpose of this Act to provide emergency assistance to

localities that are disproportionately affected by the Human

Immunodeficiency Virus epidemic and to make financial assistance

available to States and other public or private nonprofit entities

to provide for the development, organization, coordination and

operation of more effective and cost efficient systems for the

delivery of essential services to individuals and families with HIV

disease.

-SOURCE-

(Pub. L. 101-381, Sec. 2, Aug. 18, 1990, 104 Stat. 576.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 101-381, Aug. 18, 1990,

104 Stat. 576, known as the Ryan White Comprehensive AIDS Resources

Emergency Act of 1990, which enacted this subchapter, transferred

section 300ee-6 of this title to section 300ff-48 of this title,

amended sections 284a, 286, 287a, 287c-2, 289f, 290aa-3a, 299c-5,

300ff-48, and 300aaa to 300aaa-13 [now 238 to 238m] of this title,

and enacted provisions set out as notes under sections 201, 300x-4,

300ff-11, 300ff-46, and 300ff-80 of this title. For complete

classification of this Act to the Code, see Short Title of 1990

Amendment note set out under section 201 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Ryan White Comprehensive AIDS

Resources Emergency Act of 1990, and not as part of the Public

Health Service Act which comprises this chapter.

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM

-HEAD-

Sec. 300ff-1. Prohibition on use of funds

-STATUTE-

None of the funds made available under this Act, or an amendment

made by this Act, shall be used to provide individuals with

hypodermic needles or syringes so that such individuals may use

illegal drugs.

-SOURCE-

(Pub. L. 101-381, title IV, Sec. 422, Aug. 18, 1990, 104 Stat.

628.)