---
kind: "section"
citation: "42 U.S.C. § 300ee–16"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ee–16"
heading: "Additional required agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ee-16"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIII — Prevention of Acquired Immune Deficiency Syndrome"
  - "Part A — Formula Grants to States"
---

# §300ee–16. Additional required agreements

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) may not, except as provided in [subsection (b)](#b), make payments under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a) for a fiscal year unless the [State](/usc/42/201.md?p=f) involved agrees that—
  - (1) all [programs](/usc/42/274l–1.md?p=4) conducted or supported by the [State](/usc/42/201.md?p=f) with such payments will establish objectives for the [program](/usc/42/274l–1.md?p=4) and will determine the extent to which the objectives are met;
  - (2) information provided under this part will be scientifically accurate and factually correct;
  - (3) in carrying out [section 300ee–11(b) of this title](/usc/42/300ee–11.md?p=b), the [State](/usc/42/201.md?p=f) will give priority to [programs](/usc/42/274l–1.md?p=4) described in [section 300ee–12(10) of this title](/usc/42/300ee–12.md?p=10) for individuals described in such section;
  - (4) with respect to a [State](/usc/42/201.md?p=f) in which there is a substantial number of individuals who are intravenous substance abusers, the [State](/usc/42/201.md?p=f) will place priority on activities under this part directed at such substance abusers;
  - (5) with respect to a [State](/usc/42/201.md?p=f) in which there is a significant incidence of reported cases of acquired immune deficiency syndrome, the [State](/usc/42/201.md?p=f) will—
    - (A) for the purpose described in subsection (b) of [section 300ee–11 of this title](/usc/42/300ee–11.md), expend not less than 50 percent of payments received under [subsection (a)](/usc/42/300ee–11.md?p=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)](/usc/42/254b.md?p=a)[^1] of this title), to community health centers (as defined in [section 254c(a)](/usc/42/254c.md?p=a)[^1] of this title), and to [nonprofit](/usc/42/300s–3.md?p=3) private entities concerned with acquired immune deficiency syndrome; or
      - (ii) to enter into contracts with public and private entities; and
    - (B) of the amounts reserved for a fiscal year by the [State](/usc/42/201.md?p=f) for expenditures required in [subparagraph (A)](#a-5-A), expend not less than 50 percent to carry out [section 300ee–12(10) of this title](/usc/42/300ee–12.md?p=10) through grants to [nonprofit](/usc/42/300s–3.md?p=3) 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](/usc/42/274l–1.md?p=4) carried out pursuant to [section 300ee–12(10) of this title](/usc/42/300ee–12.md?p=10), the [State](/usc/42/201.md?p=f) 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](/usc/42/274l–1.md?p=4) in consultation with, and of the manner in which such applicant will consult during the conduct of the [program](/usc/42/274l–1.md?p=4) with—
      - (i) appropriate local officials and community groups for the area to be served by the [program](/usc/42/274l–1.md?p=4);
      - (ii) organizations comprised of, and representing, the specific population to which the education or prevention effort is to be directed; and
      - (iii) individuals having expertise in health education and in the needs of the population to be served;
    - (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](/usc/42/201.md?p=a) 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](/usc/42/201.md?p=a) to individuals with such infection;
    - (D) to provide a description of—
      - (i) the objectives established by the applicant for the conduct of the [program](/usc/42/274l–1.md?p=4); and
      - (ii) the methods the applicant will use to evaluate the activities conducted under the [program](/usc/42/274l–1.md?p=4) to determine if such objectives are met; and
    - (E) such other information as the [Secretary](/usc/42/201.md?p=c) may prescribe;
  - (7) with respect to [programs](/usc/42/274l–1.md?p=4) carried out pursuant to [section 300ee–12(10) of this title](/usc/42/300ee–12.md?p=10), the [State](/usc/42/201.md?p=f) will give preference to any applicant for a grant pursuant to such section that is located in, has a history of [service](/usc/42/201.md?p=a) in, and will serve under the [program](/usc/42/274l–1.md?p=4), any geographic area in which—
    - (A) there is a significant incidence of acquired immune deficiency syndrome;
    - (B) there has been a significant increase in the incidence of such syndrome; or
    - (C) there is a significant risk of becoming infected with the etiologic agent for such syndrome;
  - (8) the [State](/usc/42/201.md?p=f) will establish reasonable criteria to evaluate the effective performance of entities that receive funds from payments made to the [State](/usc/42/201.md?p=f) under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a) and will establish procedures for procedural and substantive independent [State](/usc/42/201.md?p=f) review of the failure by the [State](/usc/42/201.md?p=f) to provide funds for any such entity;
  - (9) the [State](/usc/42/201.md?p=f) will permit and cooperate with Federal investigations undertaken in accordance with [section 300ee–18(e) of this title](/usc/42/300ee–18.md?p=e);
  - (10) the [State](/usc/42/201.md?p=f) will maintain [State](/usc/42/201.md?p=f) expenditures for [services](/usc/42/201.md?p=a) provided pursuant to [section 300ee–11 of this title](/usc/42/300ee–11.md) at a level equal to not less than the average level of such expenditures maintained by the [State](/usc/42/201.md?p=f) for the 2-year period preceding the fiscal year for which the [State](/usc/42/201.md?p=f) is applying to receive payments.
- (b) **“Significant percentage” defined—** For purposes of [subsection (a)(5)](#a-5), 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.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### 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) of Pub. L. 104–299 enacted new sections 330 and 330A of act July 1, 1944, which are classified, respectively, to sections 254b and 254c of this title.

### Prior Provisions

A prior section 2506 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238e of this title.

### Amendments

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).

### 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.

### Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center

Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title.