
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: 42USC300ee-16]

 
                 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
 
Sec. 300ee-16. Additional required agreements


(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
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    \1\ See References in Text note below.
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                (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;

            (C) to provide information demonstrating that the applicant 
        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
            (C) there is a significant risk of becoming infected with 
        the 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.

(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.)

                       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.


                            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.
