42 U.S.C. § 300ee–16 — Additional required agreements

submitted 82 years ago by Pub. L. 100-607 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 837 words · no verdicts yet

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States getting AIDS-education grants must make several extra promises to the Secretary. They must set program goals, keep information accurate, and prioritize outreach to high-risk groups and IV drug users. States with many reported AIDS cases must send set shares of funding to community and minority-run grantees. They must also meet grant-application rules and keep their own AIDS funding steady.

(a) In general Except as subsection (b) allows, the Secretary can't pay a state under section 300ee-11(a) for a fiscal year unless the state agrees to all of the following: (1) Every program the state runs or supports with the money will have its own goals, and the state will check whether those goals are met. (2) Information given out under this part will be scientifically accurate and factually correct. (3) When carrying out section 300ee-11(b), the state will give priority to the grant programs described in section 300ee-12(10), for the individuals described there. (4) If the state has a substantial number of intravenous drug users, it will prioritize activities aimed at that group. (5) If the state has a significant number of reported AIDS cases, it must: (A) for the purpose in section 300ee-11(b), spend at least 50% of its yearly payments either (i) on grants to public entities, migrant health centers, community health centers, and nonprofits concerned with AIDS, or (ii) on contracts with public and private entities; and (B) of the money set aside for (A), spend at least 50% carrying out section 300ee-12(10) -- grants to nonprofits, including minority organizations, that are located in and represent the communities most affected by AIDS locally. (6) For programs run under section 300ee-12(10), the state will make sure grant applicants agree to: (A) design their materials specifically for the group the materials target; (B) describe how they planned the program with -- and will keep consulting during the program with -- local officials and community groups, organizations representing the target population, and experts in health education and that population's needs; (C) show they have, or will build, ongoing relationships with at-risk people in the service area and with organizations that provide health or support services to infected individuals; (D) describe their program goals and how they'll measure whether those goals are met; and (E) provide any other information the Secretary requires. (7) For programs under section 300ee-12(10), the state will give preference to applicants located in, experienced serving, and planning to serve areas that have significant AIDS incidence, a significant recent increase in AIDS cases, or a significant risk of infection. (8) The state will set reasonable standards to judge how well grant recipients perform, and will set up an independent review process for cases where the state refuses to fund an entity. (9) The state will permit and cooperate with federal investigations under section 300ee-18(e). (10) The state will keep spending on services under section 300ee-11 at least as high as its average spending over the two years before it applied for these payments. (b) "Significant percentage" defined For subsection (a)(5), "significant percentage" means at least 1 percent of all reported U.S. AIDS cases.

the actual law source: uscode.house.gov ↗public domain

(a) In general

The Secretary may not, except as provided in subsection (b), 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;

(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), 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 credit: (July 1, 1944, ch. 373, title XXV, formerly title XV, § 2506, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3097; amended Pub. L. 100–690, title II, § 2619(d) [(e)], Nov. 18, 1988, 102 Stat. 4243; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 100-607 · 102 Stat. 3097
1988Amended · Pub. L. 100-690 · 102 Stat. 4243
1989Amended · Pub. L. 101-93 · 103 Stat. 612

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-607 on 1944-07-01.

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