
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC247c-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                    Part B--Federal-State Cooperation
 
Sec. 247c-1. Infertility and sexually transmitted diseases


(a) In general

    The Secretary, acting through the Director of the Centers for 
Disease Control and Prevention, may make grants to States, political 
subdivisions of States, and other public or nonprofit private entities 
for the purpose of carrying out the activities described in subsection 
(c) of this section regarding any treatable sexually transmitted disease 
that can cause infertility in women if treatment is not received for the 
disease.

(b) Authority regarding individual diseases

    With respect to diseases described in subsection (a) of this 
section, the Secretary shall, in making a grant under such subsection, 
specify the particular disease or diseases with respect to which the 
grant is to be made. The Secretary may not make the grant unless the 
applicant involved agrees to carry out this section only with respect to 
the disease or diseases so specified.

(c) Authorized activities

    With respect to any sexually transmitted disease described in 
subsection (a) of this section, the activities referred to in such 
subsection are--
        (1) screening women for the disease and for secondary conditions 
    resulting from the disease, subject to compliance with criteria 
    issued under subsection (f) of this section;
        (2) providing treatment to women for the disease;
        (3) providing counseling to women on the prevention and control 
    of the disease (including, in the case of a woman with the disease, 
    counseling on the benefits of locating and providing such counseling 
    to any individual from whom the woman may have contracted the 
    disease and any individual whom the woman may have exposed to the 
    disease);
        (4) providing follow-up services;
        (5) referrals for necessary medical services for women screened 
    pursuant to paragraph (1), including referrals for evaluation and 
    treatment with respect to acquired immune deficiency syndrome and 
    other sexually transmitted diseases;
        (6) in the case of any woman receiving services pursuant to any 
    of paragraphs (1) through (5), providing to the partner of the woman 
    the services described in such paragraphs, as appropriate;
        (7) providing outreach services to inform women of the 
    availability of the services described in paragraphs (1) through 
    (6);
        (8) providing to the public information and education on the 
    prevention and control of the disease, including disseminating such 
    information; and
        (9) providing training to health care providers in carrying out 
    the screenings and counseling described in paragraphs (1) and (3).

(d) Requirement of availability of all services through each grantee

    The Secretary may make a grant under subsection (a) of this section 
only if the applicant involved agrees that each activity authorized in 
subsection (c) of this section will be available through the applicant. 
With respect to compliance with such agreement, the applicant may expend 
the grant to carry out any of the activities directly, and may expend 
the grant to enter into agreements with other public or nonprofit 
private entities under which the entities carry out the activities.

(e) Required providers regarding certain services

    The Secretary may make a grant under subsection (a) of this section 
only if the applicant involved agrees that, in expending the grant to 
carry out activities authorized in subsection (c) of this section, the 
services described in paragraphs (1) through (7) of such subsection will 
be provided only through entities that are State or local health 
departments, grantees under section 254b, 254c, 256, 256a, or 300 of 
this title,\1\ or are other public or nonprofit private entities that 
provide health services to a significant number of low-income women.
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    \1\ See References in Text notes below.
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(f) Quality assurance regarding screening for diseases

    For purposes of this section, the Secretary shall establish criteria 
for ensuring the quality of screening procedures for diseases described 
in subsection (a) of this section.

(g) Confidentiality

    The Secretary may make a grant under subsection (a) of this section 
only if the applicant involved agrees, subject to applicable law, to 
maintain the confidentiality of information on individuals with respect 
to activities carried out under subsection (c) of this section.

(h) Limitation on imposition of fees for services

    The Secretary may make a grant under subsection (a) of this section 
only if the applicant involved agrees that, if a charge is imposed for 
the provision of services or activities under the grant, such charge--
        (1) will be made according to a schedule of charges that is made 
    available to the public;
        (2) will be adjusted to reflect the income of the individual 
    involved; and
        (3) will not be imposed on any individual with an income of less 
    than 150 percent of the official poverty line, as established by the 
    Director of the Office of Management and Budget and revised by the 
    Secretary in accordance with section 9902(2) of this title.

(i) Limitations on certain expenditures

    The Secretary may make a grant under subsection (a) of this section 
only if the applicant involved agrees that not less than 80 percent of 
the grant will be expended for the purpose of carrying out paragraphs 
(1) through (7) of subsection (c) of this section.

(j) Reports to Secretary

                       (1) Collection of data

        The Secretary may make a grant under subsection (a) of this 
    section only if the applicant involved agrees, with respect to any 
    disease selected under subsection (b) of this section for the 
    applicant, to submit to the Secretary, for each fiscal year for 
    which the applicant receives such a grant, a report providing--
            (A) the incidence of the disease among the population of 
        individuals served by the applicant;
            (B) the number and demographic characteristics of 
        individuals in such population;
            (C) the types of interventions and treatments provided by 
        the applicant, and the health conditions with respect to which 
        referrals have been made pursuant to subsection (c)(5) of this 
        section;
            (D) an assessment of the extent to which the activities 
        carried pursuant to subsection (a) of this section have reduced 
        the incidence of infertility in the geographic area involved; 
        and
            (E) such other information as the Secretary may require with 
        respect to the project carried out with the grant.

                (2) Utility and comparability of data

        The Secretary shall carry out activities for the purpose of 
    ensuring the utility and comparability of data collected pursuant to 
    paragraph (1).

(k) Maintenance of effort

    With respect to activities for which a grant under subsection (a) of 
this section is authorized to be expended, the Secretary may make such a 
grant only if the applicant involved agrees to maintain expenditures of 
non-Federal amounts for such activities at a level that is not less than 
the average level of such expenditures maintained by the applicant for 
the 2-year period preceding the fiscal year for which the applicant is 
applying to receive such a grant.

(l) Requirement of application

                           (1) In general

        The Secretary may make a grant under subsection (a) of this 
    section only if an application for the grant is submitted to the 
    Secretary, the application contains the plan required in paragraph 
    (2), and the application is in such form, is made in such manner, 
    and contains such agreements, assurances, and information as the 
    Secretary determines to be necessary to carry out this section.

            (2) Submission of plan for program of grantee

        (A) In general

            The Secretary may make a grant under subsection (a) of this 
        section only if the applicant involved submits to the Secretary 
        a plan describing the manner in which the applicant will comply 
        with the agreements required as a condition of receiving such a 
        grant, including a specification of the entities through which 
        activities authorized in subsection (c) of this section will be 
        provided.

        (B) Participation of certain entities

            The Secretary may make a grant under subsection (a) of this 
        section only if the applicant provides assurances satisfactory 
        to the Secretary that the plan submitted under subparagraph (A) 
        has been prepared in consultation with an appropriate number and 
        variety of--
                (i) representatives of entities in the geographic area 
            involved that provide services for the prevention and 
            control of sexually transmitted diseases, including programs 
            to provide to the public information and education regarding 
            such diseases; and
                (ii) representatives of entities in such area that 
            provide family planning services.

(m) Duration of grant

    The period during which payments are made to an entity from a grant 
under subsection (a) of this section may not exceed 3 years. The 
provision of such payments shall be subject to annual approval by the 
Secretary of the payments and subject to the availability of 
appropriations for the fiscal year involved to make the payments in such 
year. The preceding sentence may not be construed to establish a 
limitation on the number of grants under such subsection that may be 
made to an entity.

(n) Technical assistance, and supplies and services in lieu of grant 
        funds

                      (1) Technical assistance

        The Secretary may provide training and technical assistance to 
    grantees under subsection (a) of this section with respect to the 
    planning, development, and operation of any program or service 
    carried out under such subsection. The Secretary may provide such 
    technical assistance directly or through grants or contracts.

            (2) Supplies, equipment, and employee detail

        The Secretary, at the request of a recipient of a grant under 
    subsection (a) of this section, may reduce the amount of such grant 
    by--
            (A) the fair market value of any supplies or equipment 
        furnished the grant recipient; and
            (B) the amount of the pay, allowances, and travel expenses 
        of any officer or employee of the Government when detailed to 
        the grant recipient and the amount of any other costs incurred 
        in connection with the detail of such officer or employee;

    when the furnishing of such supplies or equipment or the detail of 
    such an officer or employee is for the convenience of and at the 
    request of such grant recipient and for the purpose of carrying out 
    a program with respect to which the grant under subsection (a) of 
    this section is made. The amount by which any such grant is so 
    reduced shall be available for payment by the Secretary of the costs 
    incurred in furnishing the supplies or equipment, or in detailing 
    the personnel, on which the reduction of such grant is based, and 
    such amount shall be deemed as part of the grant and shall be deemed 
    to have been paid to the grant recipient.

(o) Evaluations and reports by Secretary

                           (1) Evaluations

        The Secretary shall, directly or through contracts with public 
    or private entities, provide for annual evaluations of programs 
    carried out pursuant to subsection (a) of this section in order to 
    determine the quality and effectiveness of the programs.

                       (2) Report to Congress

        Not later than 1 year after the date on which amounts are first 
    appropriated pursuant to subsection (q) of this section, and 
    biennially thereafter, the Secretary 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--
            (A) summarizing the information provided to the Secretary in 
        reports made pursuant to subsection (j)(1) of this section, 
        including information on the incidence of sexually transmitted 
        diseases described in subsection (a) of this section; and
            (B) summarizing evaluations carried out pursuant to 
        paragraph (1) during the preceding fiscal year.

(p) Coordination of Federal programs

    The Secretary shall coordinate the program carried out under this 
section with any similar programs administered by the Secretary 
(including coordination between the Director of the Centers for Disease 
Control and Prevention and the Director of the National Institutes of 
Health).

(q) Authorization of appropriations

    For the purpose of carrying out this section, other than subsections 
(o) and (r) of this section, there are authorized to be appropriated 
$25,000,000 for fiscal year 1993, and such sums as may be necessary for 
each of the fiscal years 1994 through 1998.

(r) Separate grants for research on delivery of services

                           (1) In general

        The Secretary may make grants for the purpose of conducting 
    research on the manner in which the delivery of services under 
    subsection (a) of this section may be improved. The Secretary may 
    make such grants only to grantees under such subsection and to 
    public and nonprofit private entities that are carrying out programs 
    substantially similar to programs carried out under such subsection.

                 (2) Authorization of appropriations

        For the purpose of carrying out paragraph (1), there are 
    authorized to be appropriated such sums as may be necessary for each 
    of the fiscal years 1993 through 1998.

(July 1, 1944, ch. 373, title III, Sec. 318A, as added Pub. L. 102-531, 
title III, Sec. 304, Oct. 27, 1992, 106 Stat. 3490; amended Pub. L. 103-
43, title XX, Sec. 2008(i)(1)(B)(ii), June 10, 1993, 107 Stat. 212; Pub. 
L. 103-183, title IV, Sec. 402, Dec. 14, 1993, 107 Stat. 2236.)

                       References in Text

    Sections 254b and 254c of this title, referred to in subsec. (e), 
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 this 
subchapter 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.
    Sections 256 and 256a of this title, referred to in subsec. (e), 
were repealed by Pub. L. 104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 
3645.


                               Amendments

    1993--Pub. L. 103-43 made technical amendment to directory language 
of Pub. L. 102-531, Sec. 304, which enacted this section.
    Subsec. (o)(2). Pub. L. 103-183, Sec. 402(a), substituted 
``subsection (q)'' for ``subsection (s)''.
    Subsec. (q). Pub. L. 103-183, Sec. 402(b)(1), substituted ``through 
1998'' for ``and 1995''.
    Subsec. (r)(2). Pub. L. 103-183, Sec. 402(b)(2), substituted 
``1998'' for ``1995''.

                         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.
