42 U.S.C. § 300ff — Purpose

Page 1519 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300ff 1 See References in Text note below. (b) Requirement of application The Secretary may not provide financial as- sistance under subsection (a) unless— (1) an application for such assistance is sub- mitted to the Secretary; (2) with respect to carrying out the purpose for which the assistance is to be provided, 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. (July 1, 1944, ch. 373, title XXV, formerly title XV, § 2522, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3103; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612; amended Pub. L. 102–531, title III, § 312(d)(23), Oct. 27, 1992, 106 Stat. 3505.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–531 substituted ‘‘Centers for Disease Control and Prevention’’ for ‘‘Centers for Disease Control’’. § 300ee–33. Provision of information to under- served populations (a) In general The Secretary may make grants to public en- tities, 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 con- cerned with acquired immune deficiency syn- drome, for the purpose of assisting grantees in providing services to populations of individuals that are underserved with respect to programs providing information on the prevention of ex- posure to, and the transmission of, the etiologic agent for acquired immune deficiency syndrome. (b) Preferences in making grants In making grants under subsection (a), the Secretary shall give preference to any applicant for such a grant that has the ability to dissemi- nate rapidly the information described in sub- section (a) (including any national organization with such ability). (July 1, 1944, ch. 373, title XXV, formerly title XV, § 2523, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3103; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.) Editorial Notes REFERENCES IN TEXT Sections 254b and 254c of this title, referred to in sub- sec. (a), 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 sub- part I (§ 254b et seq.) of part D of subchapter II of this chapter by Pub. L. 104–299, § 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 clas- sified, respectively, to sections 254b and 254c of this title. Statutory Notes and Related Subsidiaries REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REF- ERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or home- less health center considered reference to health cen- ter, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title. § 300ee–34. Authorization of appropriations (a) In general For the purpose of carrying out sections 300ee–31 through 300ee–33 of this title, there are authorized to be appropriated $105,000,000 for fis- cal year 1989 and such sums as may be necessary for each of the fiscal years 1990 and 1991. (b) Allocations (1) Of the amounts appropriated pursuant to subsection (a), the Secretary shall make avail- able $45,000,000 to carry out section 300ee–32 of this title and $30,000,000 to carry out this part through financial assistance to minority enti- ties for the provision of services to minority populations. (2) After consultation with the Director of the Office of Minority Health and with the Indian Health Service, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, not later than 90 days after November 4, 1988, publish guidelines to pro- vide procedures for applications for funding pur- suant to paragraph (1) and for public comment. (July 1, 1944, ch. 373, title XXV, formerly title XV, § 2524, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3103; amended Pub. L. 100–690, title II, § 2619(i) [(j)], Nov. 18, 1988, 102 Stat. 4244; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612; Pub. L. 102–531, title III, § 312(d)(24), Oct. 27, 1992, 106 Stat. 3505.) Editorial Notes AMENDMENTS 1992—Subsec. (b)(2). Pub. L. 102–531 substituted ‘‘Cen- ters for Disease Control and Prevention’’ for ‘‘Centers for Disease Control’’. 1988—Subsec. (b)(2). Pub. L. 100–690 substituted ‘‘the date of the enactment of the AIDS Amendments of 1988’’ for ‘‘the date of the enactment of this section’’, which for purposes of codification was translated as ‘‘November 4, 1988’’. Statutory Notes and Related Subsidiaries 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. SUBCHAPTER XXIV—HIV HEALTH CARE SERVICES PROGRAM § 300ff. Purpose It is the purpose of this Act to provide emer- gency assistance to localities that are dispropor- tionately affected by the Human Immuno- deficiency Virus epidemic and to make financial Page 1520 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300ff–1 assistance available to States and other public or private nonprofit entities to provide for the development, organization, coordination and op- eration of more effective and cost efficient sys- tems for the delivery of essential services to in- dividuals and families with HIV disease. (Pub. L. 101–381, § 2, Aug. 18, 1990, 104 Stat. 576.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 101–381, Aug. 18, 1990, 104 Stat. 576, known as the Ryan White Com- prehensive AIDS Resources Emergency Act of 1990, which enacted this subchapter, transferred section 300ee–6 of this title to section 300ff–48 of this title, amended sections 284a, 286, 287a, 287c–2, 289f, 290aa–3a, 299c–5, 300ff–48, and 300aaa to 300aaa–13 [now 238 to 238m] of this title, and enacted provisions set out as notes under sections 201, 300x–4, 300ff–11, 300ff–46, and 300ff–80 of this title. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 201 of this title and Tables. CODIFICATION Section was enacted as part of the Ryan White Com- prehensive AIDS Resources Emergency Act of 1990, and not as part of the Public Health Service Act which comprises this chapter. § 300ff–1. Prohibition on use of funds None of the funds made available 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. (Pub. L. 101–381, title IV, § 422, Aug. 18, 1990, 104 Stat. 628.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 101–381, Aug. 18, 1990, 104 Stat. 576, known as the Ryan White Com- prehensive AIDS Resources Emergency Act of 1990, which enacted this subchapter, transferred section 300ee–6 of this title to section 300ff–48 of this title, amended sections 284a, 286, 287a, 287c–2, 289f, 290aa–3a, 299c–5, 300ff–48, and 300aaa to 300aaa–13 [now 238 to 238m] of this title, and enacted provisions set out as notes under sections 201, 300x–4, 300ff–11, 300ff–46, and 300ff–80 of this title. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 201 of this title and Tables. CODIFICATION Section was enacted as part of the Ryan White Com- prehensive AIDS Resources Emergency Act of 1990, and not as part of the Public Health Service Act which comprises this chapter. PART A—EMERGENCY RELIEF FOR AREAS WITH SUBSTANTIAL NEED FOR SERVICES SUBPART I—GENERAL GRANT PROVISIONS § 300ff–11. Establishment of program of grants (a) Eligible areas The Secretary, acting through the Adminis- trator of the Health Resources and Services Ad- ministration, shall, subject to subsections (b) through (c), make grants in accordance with section 300ff–13 of this title for the purpose of as- sisting in the provision of the services specified in section 300ff–14 of this title in any metropoli- tan area for which there has been reported to and confirmed by the Director of the Centers for Disease Control and Prevention a cumulative total of more than 2,000 cases of AIDS during the most recent period of 5 calendar years for which such data are available. (b) Continued status as eligible area Notwithstanding any other provision of this section, a metropolitan area that is an eligible area for a fiscal year continues to be an eligible area until the metropolitan area fails, for three consecutive fiscal years— (1) to meet the requirements of subsection (a); and (2) to have a cumulative total of 3,000 or more living cases of AIDS (reported to and confirmed by the Director of the Centers for Disease Control and Prevention) as of Decem- ber 31 of the most recent calendar year for which such data is available. (c) Boundaries For purposes of determining eligibility under this subpart— (1) with respect to a metropolitan area that received funding under this subpart in fiscal year 2006, the boundaries of such metropolitan area shall be the boundaries that were in ef- fect for such area for fiscal year 1994; or (2) with respect to a metropolitan area that becomes eligible to receive funding under this subpart in any fiscal year after fiscal year 2006, the boundaries of such metropolitan area shall be the boundaries that are in effect for such area when such area initially receives funding under this subpart. (July 1, 1944, ch. 373, title XXVI, § 2601, as added Pub. L. 101–381, title I, § 101(3), Aug. 18, 1990, 104 Stat. 576; amended Pub. L. 102–531, title III, § 312(d)(25), Oct. 27, 1992, 106 Stat. 3505; Pub. L. 104–146, §§ 3(a)(1), (2), 12(c)(1), May 20, 1996, 110 Stat. 1346, 1373; Pub. L. 109–415, title I, §§ 101(a), (b), 106(a), 107(b), title VII, §§ 702(1), 703, Dec. 19, 2006, 120 Stat. 2768, 2780, 2783, 2819, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.) Editorial Notes PRIOR PROVISIONS A prior section 2601 of act July 1, 1944, was succes- sively renumbered by subsequent acts and transferred, see section 238 of this title. AMENDMENTS 2009—Pub. L. 111–87 repealed Pub. L. 109–415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below. 2006—Pub. L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, § 2(a)(1), effective Sept. 30, 2009. Subsec. (a). Pub. L. 109–415, § 702(1), substituted ‘‘AIDS’’ for ‘‘acquired immune deficiency syndrome’’. Pub. L. 109–415, § 106(a), substituted ‘‘during the most recent period’’ for ‘‘for the most recent period’’. Pub. L. 109–415, § 101(b), substituted ‘‘through (c)’’ for ‘‘through (d)’’ and inserted ‘‘and confirmed by’’ after ‘‘reported to’’.