U.S. Code » Title 42 » Chapter CHAPTER 6A— PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXIII— PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

42 U.S.C. § 300ee

Use of funds

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(a) In general

The purpose of this subchapter is to provide for the establishment of education and information programs to prevent and reduce exposure to, and the transmission of, the etiologic agent for acquired immune deficiency syndrome.

(b) Contents of programs

All programs of education and information receiving funds under this subchapter shall include information about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities.

(c) Limitation

None of the funds appropriated to carry out this subchapter may be used to provide education or information designed to promote or encourage, directly, homosexual or heterosexual sexual activity or intravenous substance abuse.

(d) Construction

Subsection (c) may not be construed to restrict the ability of an education program that includes the information required in subsection (b) to provide accurate information about various means to reduce an individual’s risk of exposure to, or the transmission of, the etiologic agent for acquired immune deficiency syndrome, provided that any informational materials used are not obscene.

(July 1, 1944, ch. 373, title XXV, formerly title XV, § 2500, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3093; amended Pub. L. 100–690, title II, § 2619(a), Nov. 18, 1988, 102 Stat. 4242; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)Editorial NotesAmendments

1988—Subsec. (a). Pub. L. 100–690 substituted “this subchapter” for “this part”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 3 cases, 1992–1997 · leading case: United States v. Wells, 519 U.S. 482 (1997).
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United States v. Wells, 519 U.S. 482 (1997). “§ 300dd—9 (same— under formula grants to states for care of AIDS patients); 42 U. S. C. § 300ee—19(b) (same—under funds for AIDS prevention); 42 U.”
Gay Men's Health Crisis v. Sullivan, 792 F. Supp. 278 (S.D.N.Y. 1992). · cites it 29× “See 42 U.S.C. § 300ee. 18 Further, plaintiffs claim that *287 the Revised Grant Terms must be invalidated because they were not the product of detailed and reasoned decisionmaking.”
Burks v. City of Philadelphia, 950 F. Supp. 678 (E.D. Pa. 1997). · cites it 2× “C; § 300ff et seq.) (“Ryan White funds”) (See Defs.”
— 42 U.S.C. § 300ee(a) — 2 cases
Burks v. City of Philadelphia, 950 F. Supp. 678 (E.D. Pa. 1997). “C; § 300ff et seq.) (“Ryan White funds”) (See Defs.”
Gay Men's Health Crisis v. Sullivan, 792 F. Supp. 278 (S.D.N.Y. 1992). “See 42 U.S.C. § 300ee. 18 Further, plaintiffs claim that *287 the Revised Grant Terms must be invalidated because they were not the product of detailed and reasoned decisionmaking.”
— 42 U.S.C. § 300ee(c) — 1 case
Gay Men's Health Crisis v. Sullivan, 792 F. Supp. 278 (S.D.N.Y. 1992). “See 42 U.S.C. § 300ee. 18 Further, plaintiffs claim that *287 the Revised Grant Terms must be invalidated because they were not the product of detailed and reasoned decisionmaking.”
— 42 U.S.C. § 300ee(d) — 1 case
Gay Men's Health Crisis v. Sullivan, 792 F. Supp. 278 (S.D.N.Y. 1992). “See 42 U.S.C. § 300ee. 18 Further, plaintiffs claim that *287 the Revised Grant Terms must be invalidated because they were not the product of detailed and reasoned decisionmaking.”
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