§300ff–53 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must favor grant applicants who are facing a bigger burden of providing HIV/AIDS services. To decide who gets this preference, the Secretary looks at things like how many HIV/AIDS cases there are and whether they are rising, whether early intervention is available, counts and growth of other sexually transmitted diseases, tuberculosis, and drug abuse and any HIV/hepatitis B or C co-infections, whether other primary health providers are available, and how far and how long it takes to reach the nearest community with good HIV services. Those factors are measured for the 2-year period before the fiscal year the applicant is asking for money. The Secretary must spread preferences fairly between urban and rural areas. Among those who qualify, the Secretary must give extra preference to applicants who will use the grant to provide early intervention in rural places and to areas that are underserved.

Title 42, §300ff–53

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

(a)In making grants under section 300ff–51 of this title, the Secretary shall give preference to any qualified applicant experiencing an increase in the burden of providing services regarding HIV/AIDS, as indicated by the factors specified in subsection (b).

(b)(1)In the case of the geographic area with respect to which the entity involved is applying for a grant under section 300ff–51 of this title, the factors referred to in subsection (a), as determined for the period specified in paragraph (2), are—

(A)the number of cases of HIV/AIDS;

(B)the rate of increase in such cases;

(C)the lack of availability of early intervention services;

(D)the number of other cases of sexually transmitted diseases, and 11 So in original. The word “and” probably should not appear. the number of cases of tuberculosis and of drug abuse 22 So in original. A comma probably should appear. and the number of cases of individuals co-infected with HIV/AIDS and hepatitis B or C;

(E)the rate of increase in each of the cases specified in subparagraph (D);

(F)the lack of availability of primary health services from providers other than such applicant; and

(G)the distance between such area and the nearest community that has an adequate level of availability of appropriate HIV-related services, and the length of time required to travel such distance.

(2)The period referred to in paragraph (1) is the 2-year period preceding the fiscal year for which the entity involved is applying to receive a grant under section 300ff–51 of this title.

(c)In providing preferences for purposes of subsection (b), the Secretary shall equitably allocate the preferences among urban and rural areas.

(d)Of the applicants who qualify for preference under this section—

(1)the Secretary shall give preference to applicants that will expend the grant under section 300ff–51 of this title to provide early intervention under such section in rural areas; and

(2)the Secretary shall give preference to areas that are underserved with respect to such services.

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. Subsec. (a). Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease”. Subsec. (b)(1)(A). Pub. L. 109–415, § 302(b)(1)(A), substituted “HIV/AIDS” for “acquired immune deficiency syndrome”. Subsec. (b)(1)(D). Pub. L. 109–415, § 302(b)(1)(B), inserted “and the number of cases of individuals co-infected with HIV/AIDS and hepatitis B or C” before semicolon at end. Subsec. (d)(2). Pub. L. 109–415, § 302(b)(2), substituted “preference” for “special consideration”. 2000—Subsec. (d). Pub. L. 106–345 added subsec. (d).

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.

§300ff–53 Preferences in making grants

Summary

Title 42, §300ff–53

Notes & Related Subsidiaries

Editorial Notes

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata