US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 300ff–34

Perinatal transmission of HIV/AIDS; contingent requirement regarding State grants under this part

Section text and notes

(a)

Annual determination of reported cases

A State shall annually determine the rate of reported cases of AIDS as a result of perinatal transmission among residents of the State.

(b)

Causes of perinatal transmission

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)

CDC reporting system

Not later than 4 months after , 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.

July 1, 1944, ch. 373 Pub. L. 104–146, § 7(b)(3)110 Stat. 1369 Pub. L. 104–166, § 5(1)110 Stat. 1449 Pub. L. 106–345, title II, § 211(1)114 Stat. 1339 Pub. L. 109–415, title VII120 Stat. 2820 Pub. L. 111–87, § 2(a)(1)123 Stat. 2885 (, title XXVI, § 2626, as added , , ; amended , , ; , , ; , §§ 702(3), 703, , ; , (3)(A), , .)

Editorial Notes

Amendments

Pub. L. 111–87Pub. L. 109–415, § 7032009— repealed , and revived the provisions of this section as in effect on . See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.

Pub. L. 109–415, § 703Pub. L. 111–87, § 2(a)(1)2006—, which directed repeal of this section effective , was itself repealed by , effective .

Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease” in section catchline.

Pub. L. 106–3452000—Subsecs. (d) to (f). struck out subsecs. (d) to (f), which related, respectively, to determination by Secretary, contingent applicability, and limitation regarding availability of funds.

Pub. L. 104–166, § 5(1)(A)1996—Subsec. (d). , substituted “(1) through (4)” for “(1) through (5)”.

Pub. L. 104–166, § 5(1)(B)Subsec. (f). , substituted “(1) through (4)” for “(1) through (5)” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment; Revival of Section

section 2(a)(1) of Pub. L. 111–87section 703 of Pub. L. 109–415Pub. L. 111–87section 300ff–11 of this titleFor provisions that repeal by of be effective , and that the provisions of this section as in effect on , be revived, see section 2(a)(2), (3)(A) of , set out as a note under .

Effective Date

section 13(b) of Pub. L. 104–146section 300ff–11 of this titleSection effective , see , set out as an Effective Date of 1996 Amendment note under .