HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/FEDERAL/247C-1.ASC

Text File | 1994-01-14 | 16KB | 332 lines

/* 42 USC 274c-1 follows providing for grants for STD treatment
to prevent infertility follows. Referrals and screening for HIV
are required to be offered within the programs. */

Section 247c-1.  Infertility and sexually transmitted diseases

(a) In general. The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may make grants
to States, political subdivisions of States, and other public or
nonprofit private entities for the purpose of carrying out the
activities described in subsection (c) regarding any treatable
sexually transmitted disease that can cause infertility in women
if treatment is not received for the disease.

(b) Authority regarding individual diseases. With respect to
diseases described in subsection (a), the Secretary shall, in
making a grant under such subsection, specify the particular
disease or diseases with respect to which the grant is to be
made. The Secretary may not make the grant unless the applicant
involved agrees to carry out this section only with respect to
the disease or diseases so specified.

(c) Authorized activities. With respect to any sexually
transmitted disease described in subsection (a), the activities
referred to in such subsection are:

     (1) screening women for the disease and for secondary
conditions resulting from the disease, subject to compliance
with criteria issued under subsection (f);

     (2) providing treatment to women for the disease;

     (3) providing counseling to women on the prevention and
control of the disease (including, in the case of a woman with
the disease, counseling on the benefits of locating and
providing such counseling to any individual from whom the woman
may have contracted the disease and any individual whom the
woman may have exposed to the disease);

     (4) providing follow-up services;

     (5) referrals for necessary medical services for women
screened pursuant to paragraph (1), including referrals for
evaluation and treatment with respect to acquired immune
deficiency syndrome and other sexually transmitted diseases;

     (6) in the case of any woman receiving services pursuant to
any of paragraphs (1) through (5), providing to the partner of
the woman the services described in such paragraphs, as
appropriate;

     (7) providing outreach services to inform women of the
availability of the services described in paragraphs (1) through
(6);
     (8) providing to the public information and education on
the prevention and control of the disease, including
disseminating such information; and

     (9) providing training to health care providers in carrying
out the screenings and counseling described in paragraphs (1)
and (3).

(d) Requirement of availability of all services through each
grantee. The Secretary may make a grant under subsection (a)
only if the applicant involved agrees that each activity
authorized in subsection (c) will be available through the
applicant. With respect to compliance with such agreement, the
applicant may expend the grant to carry out any of the
activities directly, and may expend the grant to enter into
agreements with other public or nonprofit private entities under
which the entities carry out the activities.

(e) Required providers regarding certain services.The Secretary
may make a grant under subsection (a) only if the applicant
involved agrees that, in expending the grant to carry out
activities authorized in subsection (c), the services described
in paragraphs (1) through (7) of such subsection will be
provided only through entities that are State or local health
departments, grantees under section 329, 330, 340, 340A, or 1001
[42 USC 245b, 254c, 256, 256a or 300], or are other public or
nonprofit private entities that provide health services to a
significant number of low-income women.

(f) Quality assurance regarding screening for diseases.For
purposes of this section, the Secretary shall establish criteria
for ensuring the quality of screening procedures for diseases
described in subsection (a).

(g) Confidentiality.The Secretary may make a grant under
subsection (a) only if the applicant involved agrees, subject to
applicable law, to maintain the confidentiality of information
on individuals with respect to activities carried out under
subsection (c).

(h) Limitation on imposition of fees for services.The Secretary
may make a grant under subsection (a) only if the applicant
involved agrees that, if a charge is imposed for the provision
of services or activities under the grant, such charge:

     (1) will be made according to a schedule of charges that is
made available to the public;

     (2) will be adjusted to reflect the income of the
individual involved; and

     (3) will not be imposed on any individual with an income of
less than 150 percent of the official poverty line, as
established by the Director of the Office of Management and
Budget and revised by the Secretary in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981 [42 USC
9902(2)].

(i) Limitations on certain expenditures. The Secretary may make
a grant under subsection (a) only if the applicant involved
agrees that not less than 80 percent of the grant will be
expended for the purpose of carrying out paragraphs (1) through
(7) of subsection (c).

(j) Reports to Secretary.(1) Collection of data. The Secretary
may make a grant under subsection (a) only if the applicant
involved agrees, with respect to any disease selected under
subsection (b) for the applicant, to submit to the Secretary,
for each fiscal year for which the applicant receives such a
grant, a report providing:

          (A) the incidence of the disease among the population
of individuals served by the applicant;

          (B) the number and demographic characteristics of
individuals in such population;

          (C) the types of interventions and treatments provided
by the applicant, and the health conditions with respect to
which referrals have been made pursuant to subsection (c)(5);

          (D) an assessment of the extent to which the
activities carried pursuant to subsection (a) have reduced the
incidence of infertility in the geographic area involved; and

          (E) such other information as the Secretary may
require with respect to the project carried out with the grant.

     (2) Utility and comparability of data. The Secretary shall
carry out activities for the purpose of ensuring the utility and
comparability of data collected pursuant to paragraph (1).

(k) Maintenance of effort. With respect to activities for which
a grant under subsection (a) is authorized to be expended, the
Secretary may make such a grant only if the applicant involved
agrees to maintain expenditures of non-Federal amounts for such
activities at a level that is not less than the average level of
such expenditures maintained by the applicant for the 2-year
period preceding the fiscal year for which the applicant is
applying to receive such a grant.

(l) Requirement of application. (1) In general. The Secretary
may make a grant under subsection (a) only if an application for
the grant is submitted to the Secretary, the application
contains the plan required in paragraph (2), and the application
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.
     (2) Submission of plan for program of grantee. (A) In
general. The Secretary may make a grant under subsection (a)
only if the applicant involved submits to the Secretary a plan
describing the manner in which the applicant will comply with
the agreements required as a condition of receiving such a
grant, including a specification of the entities through which
activities authorized in subsection (c) will be provided.

          (B) Participation of certain entities. The Secretary
may make a grant under subsection (a) only if the applicant
provides assurances satisfactory to the Secretary that the plan
submitted under subparagraph (A) has been prepared in
consultation with an appropriate number and variety of:

               (i) representatives of entities in the geographic
area involved that provide services for the prevention and
control of sexually transmitted diseases, including programs to
provide to the public information and education regarding such
diseases; and

               (ii) representatives of entities in such area
that provide family planning services.

(m) Duration of grant. The period during which payments are made
to an entity from a grant under subsection (a) may not exceed 3
years. The provision of such payments shall be subject to annual
approval by the Secretary of the payments and subject to the
availability of appropriations for the fiscal year involved to
make the payments in such year. The preceding sentence may not
be construed to establish a limitation on the number of grants
under such subsection that may be made to an entity.

(n) Technical assistance, and supplies and services in lieu of
grant funds. (1) Technical assistance. The Secretary may provide
training and technical assistance to grantees under subsection
(a) with respect to the planning, development, and operation of
any program or service carried out under such subsection. The
Secretary may provide such technical assistance directly or
through grants or contracts.

     (2) Supplies, equipment, and employee detail. The
Secretary, at the request of a recipient of a grant under
subsection (a), may reduce the amount of such grant by:

          (A) the fair market value of any supplies or equipment
furnished the grant recipient; and

          (B) the amount of the pay, allowances, and travel
expenses of any officer or employee of the Government when
detailed to the grant recipient and the amount of any other
costs incurred in connection with the detail of such officer or
employee; when the furnishing of such supplies or equipment or
the detail of such an officer or employee is for the convenience
of and at the request of such grant recipient and for the
purpose of carrying out a program with respect to which the
grant under subsection (a) is made. The amount by which any such
grant is so reduced shall be available for payment by the
Secretary of the costs incurred in furnishing the supplies or
equipment, or in detailing the personnel, on which the reduction
of such grant is based, and such amount shall be deemed as part
of the grant and shall be deemed to have been paid to the grant
recipient.

(o) Evaluations and reports by Secretary. (1) Evaluations. The
Secretary shall, directly or through contracts with public or
private entities, provide for annual evaluations of programs
carried out pursuant to subsection (a) in order to determine the
quality and effectiveness of the programs.

     (2) Report to congress. Not later than 1 year after the
date on which amounts are first appropriated pursuant to
subsection (s), and biennially thereafter, the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives, and to the Committee on Labor and Human
Resources of the Senate, a report:

          (A) summarizing the information provided to the
Secretary in reports made pursuant to subsection (j)(1),
including information on the incidence of sexually transmitted
diseases described in subsection (a); and

          (B) summarizing evaluations carried out pursuant to
paragraph (1) during the preceding fiscal year.

(p) Coordination of Federal programs. The Secretary shall
coordinate the program carried out under this section with any
similar programs administered by the Secretary (including
coordination between the Director of the Centers for Disease
Control and Prevention and the Director of the National
Institutes of Health).

(q) Authorization of appropriations.For the purpose of carrying
out this section, other than subsections (o) and (r), there are
authorized to be appropriated $25,000,000 for fiscal year 1993,
and such sums as may be necessary for each of the fiscal years
1994 and 1995.

(r) Separate grants for research on delivery of services.(1) In
general. The Secretary may make grants for the purpose of
conducting research on the manner in which the delivery of
services under subsection (a) may be improved. The Secretary may
make such grants only to grantees under such subsection and to
public and nonprofit private entities that are carrying out
programs substantially similar to programs carried out under
such subsection.

     (2) Authorization of appropriations. For the purpose of
carrying out paragraph (1), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1993 through 1995.
(July 1, 1944, ch 373, Title III, Part B, 318A, as added Oct.
27, 1992, P. L. 102-531, Title III, 304, 106 Stat. 3490; June
10, 1993, P. L. 103-43, Title XX, 2008(i)(1)(B)(ii), 107 Stat.
212.)


Section 247d.  Public health emergencies

(a) Determination of existence of emergency; authorization to
act. If the Secretary determines, after consultation with the
Director of the National Institutes of Health,  the
Administrator of the Substance Abuse and Mental Health Services
Administration, the Commissioner of the Food and Drug
Administration, the Administrator of Health Resources and
Services, or the Director of the  Centers for Disease Control
and Prevention, that:

     (1) a disease or disorder presents a public health
emergency, or

     (2) a public health emergency otherwise exists and the
Secretary has the authority to take action with respect to such
emergency, the Secretary, acting through such  Directors,
Administrator, or Commissioner, may take such action as may be
appropriate to respond to the public health emergency, including
making grants and entering into contracts and conducting and
supporting investigations into the cause, treatment, or
prevention of a disease or disorder described in paragraph (1).

(b) Public Health Emergency Fund; authorization of
appropriations; annual report to Congress. (1) There is
established in the Treasury a fund designated the "Public Health
Emergency Fund" to be available to the Secretary without fiscal
year limitation to carry out subsection (a). There is authorized
to be appropriated to the fund $45,000,000 for fiscal year 1984.
For fiscal year 1985 and each fiscal year thereafter there is
authorized to be appropriated to the fund such sums as may be
necessary to have $30,000,000 in the fund at the beginning of
such fiscal year.

     (2) The Secretary shall report to the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Labor and Human Resources of the Senate not later than ninety
days after the end of a fiscal year:

          (A) on the expenditures made from the Public Health
Emergency Fund in such fiscal year; and

          (B) describing each public health emergency for which
the expenditures were made and the activities undertaken with
respect to each emergency which were conducted or supported by
expenditures from the Fund.

(July 1, 1944, ch 373, Title III, Part B, 319, as added July 13,
1983, P. L. 98-49, 97 Stat. 245; Nov. 4, 1988, P. L. 100-607,
Title II, Subtitle E, 256(a), 102 Stat. 3110; July 10, 1992, P.
L. 102-321, Title I, Subtitle E, 163(b)(2), 106 Stat. 376;  Oct.
27, 1992, P. L. 102-531, Title III, 312(d)(2), 106 Stat. 3504.)