dreamproit/uscode huggingface dataset:
42 U.S.C. § 300cc–45 (THE PUBLIC HEALTH AND WELFARE)
§ 300cc–45. General provisions regarding Office
(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
Not later than 5 years after June 10, 1993, the Secretary shall conduct an evaluation to—
(1) 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;
(2) evaluate the extent to which this part has eliminated the duplication of administrative resources among such Institutes, centers and divisions; and
(3) provide recommendations concerning future alterations with respect to this part.
(c) Definitions
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–40c(a)(1) of this title.
(July 1, 1944, ch. 373, title XXIII, § 2359, as added Pub. L. 103–43, title XVIII, § 1803, June 10, 1993, 107 Stat. 198; amended Pub. L. 109–482, title I, § 104(b)(2)(F), Jan. 15, 2007, 120 Stat. 3693.)
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (b). Pub. L. 109–482 substituted “Evaluation” for “Evaluation and report” in heading, struck out par. (1) designation before “Not later than”, redesignated subpars. (A) to (C) as pars. (1) to (3), respectively, and struck out heading and text of former par. (2). Text read as follows: “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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.
42 U.S.C. § 300cc–51 (THE PUBLIC HEALTH AND WELFARE)
§ 300cc–51. Definitions
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.
(July 1, 1944, ch. 373, title XXIII, § 2361, as added Pub. L. 100–607, title II, § 201(4), Nov. 4, 1988, 102 Stat. 3078; amended Pub. L. 103–43, title XVIII, § 1811(8), June 10, 1993, 107 Stat. 200.)
heading: Editorial Notes
heading: Amendments
text: 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”.
42 U.S.C. § 300dd–41 (THE PUBLIC HEALTH AND WELFARE)
§ 300dd–41. Transferred
heading: Editorial Notes
heading: Codification
text: Section, act July 1, 1944, ch. 373, title XXIV, § 2441, as added Nov. 4, 1988, Pub. L. 100–607, title II, § 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, § 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, § 3201(b)(2), Oct. 17, 2000, 114 Stat. 1190.
42 U.S.C. § 300ee (THE PUBLIC HEALTH AND WELFARE)
§ 300ee. Use of funds
(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.
(c) Limitation
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) may not be construed to restrict the ability of an education program that includes the information required in subsection (b) 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.
(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2500, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3093; amended Pub. L. 100–690, title II, § 2619(a), Nov. 18, 1988, 102 Stat. 4242; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–690 substituted “this subchapter” for “this part”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: 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.
42 U.S.C. § 300ee–1 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–1. Establishment of office with respect to minority health and acquired immune deficiency syndrome
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.
(Pub. L. 100–607, title II, § 252, Nov. 4, 1988, 102 Stat. 3108; Pub. L. 102–531, title III, § 312(e)(2), Oct. 27, 1992, 106 Stat. 3506.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Amendments
text: 1992—Pub. L. 102–531 substituted “Centers for Disease Control and Prevention” for “Centers for Disease Control”.
heading: Statutory Notes and Related Subsidiaries
heading: Requirement of Study With Respect to Minority Health and Acquired Immune Deficiency Syndrome
text: Pub. L. 100–607, title II, § 251, Nov. 4, 1988, 102 Stat. 3108, as amended by Pub. L. 100–690, title II, § 2602(b), Nov. 18, 1988, 102 Stat. 4234, required the Secretary of Health and Human Services, acting through the Director of the Office of Minority Health, to conduct a Study With Respect to Minority Health and Acquired Immune Deficiency Syndrome and report to Congress on the findings no later than 12 months after Nov. 4, 1988.
42 U.S.C. § 300ee–3 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–3. Continuing education for health care providers
(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) 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).
(c) Requirement of matching funds
(1) The Secretary may not make a grant under subsection (a) 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) 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.
(Pub. L. 100–607, title II, § 254, Nov. 4, 1988, 102 Stat. 3109.)
heading: Editorial Notes
heading: Codification
text: 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.
42 U.S.C. § 300ee–4 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–4. Technical assistance
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.
(Pub. L. 100–607, title II, § 255, Nov. 4, 1988, 102 Stat. 3110.)
heading: Editorial Notes
heading: Codification
text: 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.
42 U.S.C. § 300ee–5 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–5. Use of funds to supply hypodermic needles or syringes for illegal drug use; prohibition
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.
(Pub. L. 100–607, title II, § 256(b), Nov. 4, 1988, 102 Stat. 3110; Pub. L. 100–690, title II, § 2602(d)(1), Nov. 18, 1988, 102 Stat. 4234.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: 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.
heading: Amendments
text: 1988—Pub. L. 100–690 substituted “Surgeon General of the Public Health Service” for “Surgeon General of the United States”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: 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.
42 U.S.C. § 300ee–6 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–6. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 100–607, title IX, § 902, Nov. 4, 1988, 102 Stat. 3171; Pub. L. 100–690, title II, § 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, § 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, § 301(a), Oct. 20, 2000, 114 Stat. 1345.
42 U.S.C. § 300ee–11 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–11. Establishment of program
(a) Allotments for States
For the purpose described in subsection (b), 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) 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.
(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2501, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3093; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2501 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238 of this title.
42 U.S.C. § 300ee–13 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–13. Requirement of submission of application containing certain agreements and assurances
(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), the State will provide public notice with respect to the description (including any revisions) and will facilitate comments from interested persons.
(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2503, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3095; amended Pub. L. 100–690, title II, § 2619(c), Nov. 18, 1988, 102 Stat. 4242; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2503 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238b of this title.
heading: Amendments
text: 1988—Subsec. (a)(3). Pub. L. 100–690 struck out “and” after semicolon.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: 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.
42 U.S.C. § 300ee–14 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–14. Restrictions on use of grant
(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.
(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2504, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3095; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2504 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238c of this title.
42 U.S.C. § 300ee–19 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–19. Prohibition against certain false statements
(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) may for each violation be fined in accordance with title 18, or imprisoned for not more than 5 years, or both.
(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2509, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3101; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2509 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238h of this title.
42 U.S.C. § 300ee–20 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–20. Technical assistance and provision by Secretary of supplies and services in lieu of grant funds
(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.
(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2510, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3101; amended Pub. L. 100–690, title II, § 2619(g) [(h)], Nov. 18, 1988, 102 Stat. 4243; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2510 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238i of this title.
heading: Amendments
text: 1988—Subsec. (b)(2). Pub. L. 100–690 substituted “section 300ee–11(a) of this title” for “the program involved”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: 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.
42 U.S.C. § 300ee–21 (THE PUBLIC HEALTH AND WELFARE)
§ 300ee–21. Evaluations
The Secretary shall, directly or through grants or contracts, evaluate the services provided and activities carried out with payments to States under this part.
(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2511, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3101; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2511 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238j of this title.