42 U.S.C. § 300ee — Use of funds

Page 1508 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300dd–33 1 So in original. Probably should be ‘‘part’’. individual may have exposed to such etiologic agent; and (6) the availability, if any, of the services of public health authorities with respect to lo- cating and counseling any individual described in paragraph (5). (d) Rule of construction with respect to coun- seling without testing Agreements entered into pursuant to sub- sections (a) through (c) may not be construed to prohibit any grantee under section 300dd–31 of this title from expending the grant for the pur- pose of providing counseling services described in such subsections to an individual who will not undergo testing described in such section as a result of the grantee or the individual deter- mining that such testing of the individual is not appropriate. (e) Use of funds (1) The purpose of this subpart 1 is to provide for counseling and testing services to prevent and reduce exposure to, and transmission of, the etiologic agent for acquired immune deficiency syndrome. (2) All individuals receiving counseling pursu- ant to this subpart 1 are to be counseled about the harmful effects of promiscuous sexual activ- ity and intravenous substance abuse, and the benefits of abstaining from such activities. (3) None of the fund appropriated to carry out this subpart 1 may be used to provide counseling that is designed to promote or encourage, di- rectly, homosexual or heterosexual sexual activ- ity or intravenous drug abuse. (4) Paragraph (3) may not be construed to pro- hibit a counselor who has already performed the counseling of an individual required by para- graph (2), to provide accurate information about means to reduce an individual’s risk of exposure to, or the transmission of, the etiologic agent for acquired immune deficiency syndrome, pro- vided that any informational materials used are not obscene. (July 1, 1944, ch. 373, title XXIV, § 2432, as added Pub. L. 100–607, title II, § 211, Nov. 4, 1988, 102 Stat. 3090; amended Pub. L. 100–690, title II, § 2618(i), Nov. 18, 1988, 102 Stat. 4242; Pub. L. 102–321, title I, § 118(b)(1)(B), July 10, 1992, 106 Stat. 348.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–321, which directed the substitution of ‘‘part’’ for ‘‘subpart’’ wherever appear- ing in subsec. (a), could not be executed because the word ‘‘subpart’’ does not appear in subsec. (a). 1988—Subsec. (c). Pub. L. 100–690, § 2618(i)(1), sub- stituted ‘‘indicate that an individual’’ for ‘‘indicate that the individual’’ in introductory provisions and ‘‘paragraph (5)’’ for ‘‘paragraph (4)’’ in par. (6). Subsec. (e)(1) to (3). Pub. L. 100–690, § 2618(i)(2), sub- stituted ‘‘subpart’’ for ‘‘part’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assist- ance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title. 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. § 300dd–33. Funding For the purpose of grants under section 300dd–31 of this title, there are authorized to be appropriated $100,000,000 for each of the fiscal years 1989 and 1990. (July 1, 1944, ch. 373, title XXIV, § 2433, as added Pub. L. 100–607, title II, § 211, Nov. 4, 1988, 102 Stat. 3091.) § 300dd–41. Transferred Editorial Notes CODIFICATION 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 renum- bered 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 re- peal by Pub. L. 106–310, div. B, title XXXII, § 3201(b)(2), Oct. 17, 2000, 114 Stat. 1190. SUBCHAPTER XXIII—PREVENTION OF AC- QUIRED IMMUNE DEFICIENCY SYNDROME § 300ee. Use of funds (a) In general The purpose of this subchapter is to provide for the establishment of education and informa- tion 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 re- ceiving funds under this subchapter shall in- clude 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 edu- cation 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 re- strict the ability of an education program that includes the information required in subsection (b) to provide accurate information about var- ious means to reduce an individual’s risk of ex- posure 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. Page 1509 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300ee–2 1 So in original. Probably should be ‘‘respect to’’. 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.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–690 substituted ‘‘this subchapter’’ for ‘‘this part’’. 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. § 300ee–1. Establishment of office with respect to minority health and acquired immune defi- ciency 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 car- rying out the duties of the Secretary with re- spect to prevention of acquired immune defi- ciency 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.) Editorial Notes CODIFICATION Section was enacted as part of the AIDS Amendments of 1988 and as part of the Health Omnibus Programs Ex- tension of 1988, and not as part of the Public Health Service Act which comprises this chapter. AMENDMENTS 1992—Pub. L. 102–531 substituted ‘‘Centers for Disease Control and Prevention’’ for ‘‘Centers for Disease Con- trol’’. Statutory Notes and Related Subsidiaries REQUIREMENT OF STUDY WITH RESPECT TO MINORITY HEALTH AND ACQUIRED IMMUNE DEFICIENCY SYNDROME 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 Direc- tor 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. § 300ee–2. Information for health and public safe- ty workers (a) Development and dissemination of guidelines Not later than 90 days after November 4, 1988, the Secretary of Health and Human Services (hereafter in this section referred to as the ‘‘Secretary’’), acting through the Director of the Centers for Disease Control and Prevention, shall develop, issue, and disseminate emergency guidelines to all health workers and public safe- ty workers (including emergency response em- ployees) in the United States concerning— (1) methods to reduce the risk in the work- place of becoming infected with the etiologic agent for acquired immune deficiency syn- drome; and (2) circumstances under which exposure to such etiologic agent may occur. (b) Use in occupational standards The Secretary shall transmit the guidelines issued under subsection (a) to the Secretary of Labor for use by the Secretary of Labor in the development of standards to be issued under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.]. (c) Development and dissemination of model cur- riculum for emergency response employees (1) Not later than 90 days after November 4, 1988, the Secretary, acting through the Director of the Centers for Disease Control and Preven- tion, shall develop a model curriculum for emer- gency response employees with respect to the prevention of exposure to the etiologic agent for acquired immune deficiency syndrome during the process of responding to emergencies. (2) In carrying out paragraph (1), the Sec- retary shall consider the guidelines issued by the Secretary under subsection (a). (3) The model curriculum developed under paragraph (1) shall, to the extent practicable, in- clude— (A) information with respect to the manner in which the etiologic agent for acquired im- mune deficiency syndrome is transmitted; and (B) information that can assist emergency response employees in distinguishing between conditions in which such employees are at risk with respect to such etiologic agent and condi- tions in which such employees are not at risk with respect 1 such etiologic agent. (4) The Secretary shall establish a task force to assist the Secretary in developing the model curriculum required in paragraph (1). The Sec- retary shall appoint to the task force represent- atives of the Centers for Disease Control and Prevention, representatives of State govern- ments, and representatives of emergency re- sponse employees. (5) The Secretary shall— (A) transmit to State public health officers copies of the guidelines and the model cur- riculum developed under paragraph (1) with the request that such officers disseminate such copies as appropriate throughout the State; and (B) make such copies available to the public. (Pub. L. 100–607, title II, § 253, Nov. 4, 1988, 102 Stat. 3108; Pub. L. 100–690, title II, § 2602(c), Nov. 18, 1988, 102 Stat. 4234; Pub. L. 102–531, title III, § 312(e)(3), Oct. 27, 1992, 106 Stat. 3506.) Editorial Notes REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, re- ferred to in subsec. (b), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter