Title 42, The Public Health and WelfareRelease 119-102
§300ff–34 Perinatal Transmission of Hiv/aids; Contingent Requirement Regarding State Grants Under This Part
Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXIV — HIV HEALTH CARE SERVICES PROGRAM › Part B — Care Grant Program › subpart ii — provisions concerning pregnancy and perinatal transmission of hiv › § 300ff–34
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 L. 111–87 repealed Pub.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 L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub.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
Aug 21, 2026
Release point: 119-102