42 USC 300 - Public health emergency

Collapse to view only § 300ff-83. Public health emergency

§ 300ff-81. Coordination
§ 300ff-82. Audits
§ 300ff-83. Public health emergency
§ 300ff-84. Prohibition on promotion of certain activities
§ 300ff-85. Privacy protections
§ 300ff-86. GAO report
§ 300ff-87. Severity of need index
§ 300ff-87a. National HIV/AIDS testing goal
§ 300ff-88. Definitions

§ 300ff–81. Coordination

(a) Requirement

(b) Report

(d) Integration by local or private entities

(July 1, 1944, ch. 373, title XXVI, § 2681, as added and amended Pub. L. 109–415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2812, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

§ 300ff–82. Audits

(a) In general

(b) Posting on the Internet

(July 1, 1944, ch. 373, title XXVI, § 2682, as added and amended Pub. L. 109–415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2813, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

§ 300ff–83. Public health emergency

(a) In general

(b) Emergency area and emergency period

In this section:

(1) Emergency area

The term “emergency area” means a geographic area in which there exists—

(A) an emergency or disaster declared by the President pursuant to the National Emergencies Act [50 U.S.C. 1601 et seq.] or the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.]; or

(B) a public health emergency declared by the Secretary pursuant to section 247d of this title.

(2) Emergency period

(A) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or

(B) a public health emergency declared by the Secretary pursuant to section 247d of this title.

(July 1, 1944, ch. 373, title XXVI, § 2683, as added and amended Pub. L. 109–415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2813, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

§ 300ff–84. Prohibition on promotion of certain activities

None of the funds appropriated under this subchapter shall be used to fund AIDS programs, or to develop materials, designed to promote or encourage, directly, intravenous drug use or sexual activity, whether homosexual or heterosexual. Funds authorized under this subchapter may be used to provide medical treatment and support services for individuals with HIV.

(July 1, 1944, ch. 373, title XXVI, § 2684, as added and amended Pub. L. 109–415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2814, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

§ 300ff–85. Privacy protections

(a) In general

(b) Definition

(July 1, 1944, ch. 373, title XXVI, § 2685, as added and amended Pub. L. 109–415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2814, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

§ 300ff–86. GAO report

The Comptroller General of the Government Accountability Office shall, not less than 1 year after October 30, 2009, submit to the appropriate committees of Congress a report describing Minority AIDS Initiative activities across the Department of Health and Human Services, including programs under this subchapter and programs at the Centers for Disease Control and Prevention, the Substance Abuse and Mental Health Services Administration, and other departmental agencies. Such report shall include a history of program activities within each relevant agency and a description of activities conducted, people served and types of grantees funded, and shall collect and describe best practices in community outreach and capacity-building of community based organizations serving the communities that are disproportionately affected by HIV/AIDS.

(July 1, 1944, ch. 373, title XXVI, § 2686, as added and amended Pub. L. 109–415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2814, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), (g), Oct. 30, 2009, 123 Stat. 2885, 2887.)

§ 300ff–87. Severity of need index

(a) Development of index

(b) Definition of severity of need index

When the Secretary submits to the appropriate committees of Congress the severity of need index under subsection (a), the Secretary shall provide the following:

(1) Methodology for and rationale behind developing the severity of need index, including information related to the field testing of the severity of need index.

(2) An independent contractor analysis of activities carried out under paragraph (1).

(3) Information regarding the process by which the Secretary received community input regarding the application and development of the severity of need index.

(d) Annual reports

If the Secretary fails to submit the severity of need index under subsection (a) in either of fiscal years 2007 or 2008, the Secretary shall prepare and submit to the appropriate committees of Congress a report for such fiscal year—

(1) that updates progress toward having client level data;

(2) that updates the progress toward having a severity of need index, including information related to the methodology and process for obtaining community input; and

(3) that, as applicable, states whether the Secretary could develop a severity of need index before fiscal year 2009.

(July 1, 1944, ch. 373, title XXVI, § 2687, as added and amended Pub. L. 109–415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2814, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

§ 300ff–87a. National HIV/AIDS testing goal

(a) In general

(b) Annual reportNot later than January 1, 2011, and annually thereafter, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to Congress a report describing, with regard to the preceding 12-month reporting period—

(1) whether the testing goal described in subsection (a) has been met;

(2) the total number of individuals tested through federally-supported and other HIV/AIDS prevention, treatment, and care programs in each State;

(3) the number of individuals who—

(A) prior to such 12-month period, were unaware of their HIV status; and

(B) through federally-supported and other HIV/AIDS prevention, treatment, and care programs, were diagnosed and referred into treatment and care during such period;

(4) any barriers, including State laws and regulations, that the Secretary determines to be a barrier to meeting the testing goal described in subsection (a);

(5) the amount of funding the Secretary determines necessary to meet the annual testing goal in the following 12 months and the amount of Federal funding expended to meet the testing goal in the prior 12-month period; and

(6) the most cost-effective strategies for identifying and diagnosing individuals who were unaware of their HIV status, including voluntary testing with pre-test counseling, routine screening including opt-out testing, partner counseling and referral services, and mass media campaigns.

(c) Review of program effectivenessNot later than 1 year after October 30, 2009, the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, shall submit a report to Congress based on a comprehensive review of each of the programs and activities conducted by the Centers for Disease Control and Prevention as part of the Domestic HIV/AIDS Prevention Activities, including the following:

(1) The amount of funding provided for each program or activity.

(2) The primary purpose of each program or activity.

(3) The annual goals for each program or activity.

(4) The relative effectiveness of each program or activity with relation to the other programs and activities conducted by the Centers for Disease Control and Prevention, based on the—

(A) number of previously undiagnosed individuals with HIV/AIDS made aware of their status and referred into the appropriate treatment;

(B) amount of funding provided for each program or activity compared to the number of undiagnosed individuals with HIV/AIDS made aware of their status;

(D) progress made toward the goals described in paragraph (3).

(5) Recommendations if any to Congress on ways to allocate funding for domestic HIV/AIDS prevention activities and programs in order to achieve the National HIV/AIDS testing goal.

(d) Coordination with other Federal activities

(July 1, 1944, ch. 373, title XXVI, § 2688, as added Pub. L. 111–87, § 12(2), Oct. 30, 2009, 123 Stat. 2896.)

§ 300ff–88. Definitions

For purposes of this subchapter:

(1) AIDS

(2) Co-occurring conditions

(3) Counseling

(4) Family-centered care

(5) Families with HIV/AIDS

(6) HIV

(7) HIV/AIDS

(A) In general

(B) Counting of cases

The term “living cases of HIV/AIDS”, with respect to the counting of cases in a geographic area during a period of time, means the sum of—

(i) the number of living non-AIDS cases of HIV in the area; and

(ii) the number of living cases of AIDS in the area.

(8) Human immunodeficiency virus

(9) Official poverty line

(10) Person

(11) State

(A) In general

(B) Territories

(12) Youth with HIV

(July 1, 1944, ch. 373, title XXVI, § 2689, formerly § 2688, as added and amended Pub. L. 109–415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2815, 2820; renumbered § 2689 and amended Pub. L. 111–87, §§ 2(a)(1), (3)(A), 12(1), Oct. 30, 2009, 123 Stat. 2885, 2896.)