42 U.S. Code § 300ee–16 - Additional required agreements
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(a) In general
The Secretary may not, except as provided in subsection (b) of this section, make payments under section 300ee–11 (a) of this title for a fiscal year unless the State involved agrees that—
(1) all programs conducted or supported by the State with such payments will establish objectives for the program and will determine the extent to which the objectives are met;
(3) in carrying out section 300ee–11 (b) of this title, the State will give priority to programs described in section 300ee–12 (10) of this title for individuals described in such section;
(4) with respect to a State in which there is a substantial number of individuals who are intravenous substance abusers, the State will place priority on activities under this part directed at such substance abusers;
(5) with respect to a State in which there is a significant incidence of reported cases of acquired immune deficiency syndrome, the State will—
(A) for the purpose described in subsection (b) ofsection 300ee–11 of this title, expend not less than 50 percent of payments received under subsection (a) of such section for a fiscal year—
(i) to make grants to public entities, to migrant health centers (as defined in section 254b (a)  of this title), to community health centers (as defined in section 254c (a)  of this title), and to nonprofit private entities concerned with acquired immune deficiency syndrome; or
(B) of the amounts reserved for a fiscal year by the State for expenditures required in subparagraph (A), expend not less than 50 percent to carry out section 300ee–12 (10) of this title through grants to nonprofit private entities, including minority entities, concerned with acquired immune deficiency syndrome located in and representative of communities and subpopulations reflecting the local incidence of such syndrome;
(6) with respect to programs carried out pursuant to section 300ee–12 (10) of this title, the State will ensure that any applicant for a grant under such section agrees—
(A) that any educational or informational materials developed with a grant pursuant to such section will contain material, and be presented in a manner, that is specifically directed toward the group for which such materials are intended;
(B) to provide a description of the manner in which the applicant has planned the program in consultation with, and of the manner in which such applicant will consult during the conduct of the program with—
(ii) organizations comprised of, and representing, the specific population to which the education or prevention effort is to be directed; and
(C) to provide information demonstrating that the applicant has continuing relationships, or will establish continuing relationships, with a portion of the population in the service area that is at risk of infection with the etiologic agent for acquired immune deficiency syndrome and with public and private entities in such area that provide health or other support services to individuals with such infection;
(D) to provide a description of—
(7) with respect to programs carried out pursuant to section 300ee–12 (10) of this title, the State will give preference to any applicant for a grant pursuant to such section that is located in, has a history of service in, and will serve under the program, any geographic area in which—
(8) the State will establish reasonable criteria to evaluate the effective performance of entities that receive funds from payments made to the State under section 300ee–11 (a) of this title and will establish procedures for procedural and substantive independent State review of the failure by the State to provide funds for any such entity;
(9) the State will permit and cooperate with Federal investigations undertaken in accordance with section 300ee–18 (e) of this title;
(10) the State will maintain State expenditures for services provided pursuant to section 300ee–11 of this title at a level equal to not less than the average level of such expenditures maintained by the State for the 2-year period preceding the fiscal year for which the State is applying to receive payments.
(b) “Significant percentage” defined
For purposes of subsection (a)(5) of this section, the term “significant percentage” means at least a percentage of 1 percent of the number of reported cases of acquired immune deficiency syndrome in the United States.
 See References in Text note below.
Source(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2506, as added Pub. L. 100–607, title II, § 221,Nov. 4, 1988, 102 Stat. 3097; amended Pub. L. 100–690, title II, § 2619(d) [(e)], Nov. 18, 1988, 102 Stat. 4243; renumbered title XXV, Pub. L. 101–93, § 5(e)(1),Aug. 16, 1989, 103 Stat. 612.)
References in Text
Sections 254b and 254c of this title, referred to in subsec. (a)(5)(A)(i), 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 subpart 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) ofPub. L. 104–299enacted new sections 330 and 330A of act July 1, 1944, which are classified, respectively, to sections 254b and 254c of this title.
A prior section 2506 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238e of this title.
1988—Subsec. (a). Pub. L. 100–690, § 2619(d)(1) [(e)(1)], designated existing provisions as subsec. (a).
Subsec. (a)(5). Pub. L. 100–690, § 2619(d)(2) [(e)(2)], struck out concluding provisions which read as follows: “(For purposes of this section, the term ‘significant percentage’ means at least a percentage of 1 percent of the number of reported cases of such syndrome in the United States);”.
Subsec. (a)(8). Pub. L. 100–690, § 2619(d)(3) [(e)(3)], substituted “funds from payments” for “funds from to payments” and struck out “and” after semicolon.
Subsec. (a)(9). Pub. L. 100–690, § 2619(d)(4) [(e)(4)], substituted “section 300ee–18 (e) of this title” for “section 300ee–19 (e) of this title”.
Subsec. (b). Pub. L. 100–690, § 2619(d)(5) [(e)(5)], added subsec. (b).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–690effective immediately after enactment of Pub. L. 100–607, which was approved Nov. 4, 1988, see section 2600 ofPub. L. 100–690, set out as a note under section 242m of this title.
Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center