42 U.S.C. § 300ff-33
In the case of States whose laws or regulations are in accordance with subsection (b), the Secretary, acting through the Centers for Disease Control and Prevention, shall make grants to such States for the purposes described in subsection (c).
For purposes of subsection (a), the laws or regulations of a State are in accordance with this subsection if, under such laws or regulations (including programs carried out pursuant to the discretion of State officials), both of the policies described in paragraph (1) are in effect, or both of the policies described in paragraph (2) are in effect, as follows:
The Secretary shall periodically ensure that the applicable policies are being carried out and recertify compliance.
A State may use funds provided under subsection (a) for HIV/AIDS testing (including rapid testing), prevention counseling, treatment of newborns exposed to HIV/AIDS, treatment of mothers infected with HIV/AIDS, and costs associated with linking those diagnosed with HIV/AIDS to care and treatment for HIV/AIDS.
A State that is eligible for the grant under subsection (a) shall submit an application to the Secretary, in such form, in such manner, and containing such information as the Secretary may require.
A grant under subsection (a) to a State for a fiscal year may not be made in an amount exceeding $10,000,000.
Nothing in this section shall be construed to pre-empt State laws regarding HIV/AIDS counseling and testing.
In this section:
Of the funds appropriated annually to the Centers for Disease Control and Prevention for HIV/AIDS prevention activities, $30,000,000 shall be made available for each of the fiscal years 2007 through 2009 for grants under subsection (a), of which $20,000,000 shall be made available for grants to States with the policies described in subsection (b)(1), and $10,000,000 shall be made available for grants to States with the policies described in subsection (b)(2). Funds provided under this section are available until expended.
42 U.S.C. § 300ff-33
EDITORIAL NOTES
AMENDMENTS2009- 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 L. 111-87 repealed Pub.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 L. 109-415, §703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub.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. Pub. L. 109-415, §209, amended section catchline and text generally, substituting provisions relating to early diagnosis grant program for provisions requiring State certification of measures to adopt CDC guidelines for pregnant women not later than 120 days after May 20, 1996, and authorizing additional funds if such certification was provided.2000-Subsec. (c)(1)(F). Pub. L. 106-345, §212(a)(1), added subpar. (F). Subsec. (c)(2). Pub. L. 106-345, §212(a)(2), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "For purposes of carrying out this subsection, there are authorized to be appropriated $10,000,000 for each of the fiscal years 1996 through 2000. Amounts made available under section 300ff-77 of this title for carrying out this part are not available for carrying out this section unless otherwise authorized."Subsec. (c)(4). Pub. L. 106-345, §212(a)(3), added par. (4).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2009 AMENDMENT; REVIVAL OF SECTIONFor provisions that repeal by section 2(a)(1) of Pub. L. 111-87 of section 703 of Pub. L. 109-415 be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) of Pub. L. 111-87 set out as a note under section 300ff-11 of this title.
EFFECTIVE DATE Section effective Oct. 1, 1996, see section 13 of Pub. L. 104-146 set out as an Effective Date of 1996 Amendment note under section 300ff-11 of this title.
PERINATAL TRANSMISSION OF HIV DISEASE; CONGRESSIONAL FINDINGS Pub. L. 104-146, §7(a), May 20, 1996, 110 Stat. 1368, provided that: "The Congress finds as follows: "(1) Research studies and statewide clinical experiences have demonstrated that administration of anti-retroviral medication during pregnancy can significantly reduce the transmission of the human immunodeficiency virus (commonly known as HIV) from an infected mother to her baby. "(2) The Centers for Disease Control and Prevention have recommended that all pregnant women receive HIV counseling; voluntary, confidential HIV testing; and appropriate medical treatment (including anti-retroviral therapy) and support services."(3) The provision of such testing without access to such counseling, treatment, and services will not improve the health of the woman or the child."(4) The provision of such counseling, testing, treatment, and services can reduce the number of pediatric cases of acquired immune deficiency syndrome, can improve access to and provision of medical care for the woman, and can provide opportunities for counseling to reduce transmission among adults, and from mother to child."(5) The provision of such counseling, testing, treatment, and services can reduce the overall cost of pediatric cases of acquired immune deficiency syndrome."(6) The cancellation or limitation of health insurance or other health coverage on the basis of HIV status should be impermissible under applicable law. Such cancellation or limitation could result in disincentives for appropriate counseling, testing, treatment, and services."(7) For the reasons specified in paragraphs (1) through (6)-"(A) routine HIV counseling and voluntary testing of pregnant women should become the standard of care; and"(B) the relevant medical organizations as well as public health officials should issue guidelines making such counseling and testing the standard of care."
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.