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42 U.S.C. § 247c–1Infertility and sexually transmitted diseases

submitted 82 years ago by Pub. L. 102-531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,942 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may give grants to screen, treat, and counsel women for sexually transmitted diseases that can cause infertility. Grantees must offer a full set of services, meet quality and confidentiality rules, and report back to the Secretary. Congress authorized $25,000,000 for fiscal year 1993 and whatever was needed through 1998.

(a) In general The Secretary, acting through the CDC Director, may give grants to States, political subdivisions of States, and other public or nonprofit private entities to carry out the activities in subsection (c), for any treatable sexually transmitted disease (STD) that can cause infertility in women if it isn't treated. (b) Authority regarding individual diseases For each grant, the Secretary must specify which disease or diseases it covers. The Secretary may not make the grant unless the applicant agrees to use it only for the disease or diseases specified. (c) Authorized activities For a covered disease, the activities a grant can fund are: (1) screening women for the disease and for secondary conditions from it, following the quality criteria set under subsection (f); (2) treating women for the disease; (3) counseling women on preventing and controlling the disease, including — for a woman who has it — counseling on the benefit of notifying and counseling anyone she may have caught it from or exposed it to; (4) follow-up services; (5) referrals for necessary medical services for screened women, including for evaluation and treatment of HIV/AIDS and other STDs; (6) giving a woman's partner the same services described in paragraphs (1) through (5), as appropriate, if the woman is getting those services; (7) outreach to let women know these services are available; (8) giving the public information and education on preventing and controlling the disease; and (9) training health care providers to do the screening and counseling in paragraphs (1) and (3). (d) Requirement of availability of all services through each grantee The Secretary may make a grant only if the applicant agrees that every activity authorized in subsection (c) will be available through it — either by carrying it out directly, or by partnering with other public or nonprofit private entities to carry it out. (e) Required providers regarding certain services The Secretary may make a grant only if the applicant agrees that, for the services in subsection (c)(1) through (7), it will only use State or local health departments, certain entities funded under other sections (254b, 256a, or 300), or other public or nonprofit private entities that serve a significant number of low-income women. (f) Quality assurance regarding screening for diseases The Secretary must set criteria to ensure the quality of screening procedures for the diseases covered by this section. (g) Confidentiality The Secretary may make a grant only if the applicant agrees, subject to applicable law, to keep confidential any information about individuals involved in activities under subsection (c). (h) Limitation on imposition of fees for services The Secretary may make a grant only if the applicant agrees that, if it charges for services under the grant, the charges (1) will follow a fee schedule made available to the public, (2) will be adjusted based on the individual's income, and (3) will never be imposed on anyone with an income below 150 percent of the official federal poverty line. (i) Limitations on certain expenditures The Secretary may make a grant only if the applicant agrees to spend at least 80 percent of the grant on the activities in subsection (c)(1) through (7). (j) Reports to Secretary (1) Collection of data The Secretary may make a grant only if the applicant agrees to send a report each fiscal year, for each disease it is funded for, giving (A) how common the disease is among the population it serves; (B) the number and demographics of that population; (C) the interventions and treatments it provided, and the health conditions people were referred for under subsection (c)(5); (D) an assessment of whether its activities have reduced infertility in its area; and (E) any other information the Secretary requires. (2) Utility and comparability of data The Secretary must work to make sure the data collected under paragraph (1) is useful and can be compared across grantees. (k) Maintenance of effort The Secretary may make a grant only if the applicant agrees to keep spending its own (non-federal) money on these activities at a level at least equal to what it averaged over the 2 years before applying for the grant. (l) Requirement of application (1) In general The Secretary may make a grant only if an applicant submits an application containing the plan required in paragraph (2), in the form, made in the manner, and containing the agreements, assurances, and information the Secretary decides are necessary. (2) Submission of plan for program of grantee (A) The applicant must submit a plan describing how it will meet the grant's required agreements, including which entities will provide the activities in subsection (c). (B) The applicant must give the Secretary assurances that this plan was prepared in consultation with an appropriate number and variety of (i) local entities that provide STD prevention and control services, including public information and education programs, and (ii) local entities that provide family planning services. (m) Duration of grant Payments to an entity from a grant under this section can last no more than 3 years, and are subject to the Secretary's yearly approval and to Congress appropriating the money for that year. This does not limit how many grants an entity may get under this section over time. (n) Technical assistance, and supplies and services in lieu of grant funds (1) Technical assistance The Secretary may give grantees training and technical assistance on planning, developing, and running their programs, either directly or through grants or contracts. (2) Supplies, equipment, and employee detail At a grant recipient's request, the Secretary may reduce the grant by (A) the fair market value of any supplies or equipment given to it, and (B) the pay, allowances, and travel expenses of any federal officer or employee lent to it, and any other related costs — when this is for the recipient's convenience and at its request. The withheld amount still counts as part of the grant and as paid to the recipient, and gets spent on those supplies, equipment, or personnel instead. (o) Evaluations and reports by Secretary (1) Evaluations The Secretary must, directly or through contracts with public or private entities, arrange yearly evaluations of programs under subsection (a) to check their quality and effectiveness. (2) Report to Congress One year after money is first appropriated under subsection (q), and every two years after that, the Secretary must report to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources. The report must (A) summarize the information from reports made under subsection (j)(1), including how common the covered STDs are, and (B) summarize the evaluations from paragraph (1) done during the past fiscal year. (p) Coordination of Federal programs The Secretary must coordinate this program with similar federal programs, including by coordinating the CDC Director and the NIH Director. (q) Authorization of appropriations For this section, other than subsections (o) and (r), Congress authorized $25,000,000 for fiscal year 1993, and whatever was necessary for each fiscal year from 1994 through 1998. (r) Separate grants for research on delivery of services (1) In general The Secretary may give grants to research how to improve how services under subsection (a) are delivered. The Secretary may only give these grants to subsection (a) grantees and to public and nonprofit private entities running programs substantially similar to those under subsection (a). (2) Authorization of appropriations Congress authorized whatever was necessary for each fiscal year from 1993 through 1998 to carry out paragraph (1).
the actual law source: uscode.house.gov ↗public domain
(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) 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), 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), 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);

(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) only if the applicant involved agrees that each activity authorized in subsection (c) 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) only if the applicant involved agrees that, in expending the grant to carry out activities authorized in subsection (c), 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, 254b, 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.

(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).

(g) Confidentiality

The Secretary may make a grant under subsection (a) 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).

(h) Limitation on imposition of fees for services

The Secretary may make a grant under subsection (a) 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) 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).

(j) Reports to Secretary
(1) Collection of data

The Secretary may make a grant under subsection (a) only if the applicant involved agrees, with respect to any disease selected under subsection (b) 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);

(D)

an assessment of the extent to which the activities carried pursuant to subsection (a) 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) 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) 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) 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) will be provided.

(B) Participation of certain entities

The Secretary may make a grant under subsection (a) 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) 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) 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), 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) 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) 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), 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), including information on the incidence of sexually transmitted diseases described in subsection (a); 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), 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) 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.

Source credit: (July 1, 1944, ch. 373, title III, § 318A, as added Pub. L. 102–531, title III, § 304, Oct. 27, 1992, 106 Stat. 3490; amended Pub. L. 103–43, title XX, § 2008(i)(1)(B)(ii), June 10, 1993, 107 Stat. 212; Pub. L. 103–183, title IV, § 402, Dec. 14, 1993, 107 Stat. 2236; Pub. L. 107–251, title VI, § 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 108–163, § 2(m)(1), Dec. 6, 2003, 117 Stat. 2023.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 102-531 · 106 Stat. 3490
  • 1993Amended · Pub. L. 103-43 · 107 Stat. 212
  • 1993Amended · Pub. L. 103-183 · 107 Stat. 2236
  • 2002Amended · Pub. L. 107-251 · 116 Stat. 1664
  • 2003Amended · Pub. L. 108-163 · 117 Stat. 2023

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-531 on 1944-07-01.

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