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Title 42 — The Public Health and WelfareRelease 119-73

§300ff–34 Perinatal transmission of HIV/AIDS; contingent requirement regarding State grants under this part

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXIV— - HIV HEALTH CARE SERVICES PROGRAM › Part Part B— - Care Grant Program › Subpart subpart ii— - provisions concerning pregnancy and perinatal transmission of hiv › § 300ff–34

Last updated Apr 6, 2026|Official source

Summary

States must count every year how many reported AIDS cases happened because a baby got HIV from its mother around birth among people who live in the State. States must also look for likely causes. These can include problems with prenatal counseling and testing under CDC guidelines, problems providing or using treatments to lower transmission (for example, treatment not available, not offered, or offered but not accepted), and other factors the State finds relevant (such as lack of prenatal care). Not later than 4 months after May 20, 1996, the Director of the Centers for Disease Control and Prevention must create and put in place a system for States to use to meet these duties and must issue guidelines so the data collected are statistically valid.

Full Legal Text

Title 42, §300ff–34

The Public Health and Welfare — Source: USLM XML via OLRC

(a)A State shall annually determine the rate of reported cases of AIDS as a result of perinatal transmission among residents of the State.
(b)In determining the rate under subsection (a), a State shall also determine the possible causes of perinatal transmission. Such causes may include—
(1)the inadequate provision within the State of prenatal counseling and testing in accordance with the guidelines issued by the Centers for Disease Control and Prevention;
(2)the inadequate provision or utilization within the State of appropriate therapy or failure of such therapy to reduce perinatal transmission of HIV, including—
(A)that therapy is not available, accessible or offered to mothers; or
(B)that available therapy is offered but not accepted by mothers; or
(3)other factors (which may include the lack of prenatal care) determined relevant by the State.
(c)Not later than 4 months after May 20, 1996, the Director of the Centers for Disease Control and Prevention shall develop and implement a system to be used by States to comply with the requirements of subsections (a) and (b). The Director shall issue guidelines to ensure that the data collected is statistically valid.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—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, § 702(3), substituted “HIV/AIDS” for “HIV disease” in section catchline. 2000—Subsecs. (d) to (f). Pub. L. 106–345 struck out subsecs. (d) to (f), which related, respectively, to determination by Secretary, contingent applicability, and limitation regarding availability of funds. 1996—Subsec. (d). Pub. L. 104–166, § 5(1)(A), substituted “(1) through (4)” for “(1) through (5)”. Subsec. (f). Pub. L. 104–166, § 5(1)(B), substituted “(1) through (4)” for “(1) through (5)” in introductory provisions.

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 May 20, 1996, see section 13(b) of Pub. L. 104–146, set out as an

Effective Date

of 1996 Amendment note under section 300ff–11 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300ff–34

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73