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Title 42 — The Public Health and WelfareRelease 119-73

§300ff–19 Establishment of program

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXIV— - HIV HEALTH CARE SERVICES PROGRAM › Part Part A— - Emergency Relief for Areas With Substantial Need for Services › Subpart subpart ii— - transitional grants › § 300ff–19

Last updated Apr 6, 2026|Official source

Summary

The federal health Secretary, through the Health Resources and Services Administration (HRSA), must give grants to pay for the services listed in section 300ff–14 in places called "transitional areas." A "transitional area" is a metropolitan area that has had at least 1,000 but fewer than 2,000 reported and CDC‑confirmed AIDS cases during the most recent five calendar years of available data. A few special rules change how areas qualify. For fiscal year 2011, any metro area that got subpart I funding in 2010 but lost it in 2011 is still treated as a transitional area. Once an area is a transitional area, it stays one until it fails for three straight fiscal years to meet the transitional test and to have 1,500 or more living AIDS cases as of December 31 of the latest year with data. For years after 2008, an area with 1,400–1,499 living cases can still count as having 1,500 if no more than 5 percent of the grants given to that area under this part are unobligated at the end of the most recent fiscal year. If a metro area becomes an eligible area under subpart I, these continuation rules do not apply. Other grant rules about planning, community input, funding priorities, reporting, and administration (sections 300ff–12, 300ff–13, 300ff–15, 300ff–16, and 300ff–17) apply to these grants too, with some specific exceptions and ways the Secretary may combine and move funds between eligible and transitional areas.

Full Legal Text

Title 42, §300ff–19

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

(a)The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants for the purpose of providing services described in section 300ff–14 of this title in transitional areas, subject to the same provisions regarding the allocation of grant funds as apply under subsection (c) of such section.
(b)For purposes of this section, the term “transitional area” means, subject to subsection (c), a metropolitan area for which there has been reported to and confirmed by the Director of the Centers for Disease Control and Prevention a cumulative total of at least 1,000, but fewer than 2,000, cases of AIDS during the most recent period of 5 calendar years for which such data are available.
(c)(1)With respect to grants under subsection (a) for fiscal year 2011, a metropolitan area that received funding under subpart I for fiscal year 2010 but does not for fiscal year 2011 qualify under such subpart as an eligible area and does not qualify under subsection (b) as a transitional area shall, notwithstanding subsection (b), be considered a transitional area.
(2)(A)Notwithstanding subsection (b), a metropolitan area that is a transitional area for a fiscal year continues, except as provided in subparagraph (B), to be a transitional area until the metropolitan area fails, for three consecutive fiscal years—
(i)to qualify under such subsection as a transitional area; and
(ii)subject to subparagraphs (B) and (C), to have a cumulative total of 1,500 or more living cases of AIDS (reported to and confirmed by the Director of the Centers for Disease Control and Prevention) as of December 31 of the most recent calendar year for which such data is available.
(B)In applying subparagraph (A)(ii) for a fiscal year after fiscal year 2008, in the case of a metropolitan area that has a cumulative total of at least 1,400 (and fewer than 1,500) living cases of AIDS as of December 31 of the most recent calendar year for which such data is available, such area shall be treated as having met the criteria of such subparagraph if not more than 5 percent of the total from grants awarded to such area under this part is unobligated as of the end of the most recent fiscal year for which such data is available.
(C)Subparagraphs (A) and (B) do not apply for a fiscal year if the metropolitan area involved qualifies under subpart I as an eligible area.
(d)(1)(A)The provisions of section 300ff–12 of this title apply with respect to a grant under subsection (a) for a transitional area to the same extent and in the same manner as such provisions apply with respect to a grant under subpart I for an eligible area, except that, subject to subparagraph (B), the chief elected official of the transitional area may elect not to comply with the provisions of section 300ff–12(b) of this title if the official provides documentation to the Secretary that details the process used to obtain community input (particularly from those with HIV) in the transitional area for formulating the overall plan for priority setting and allocating funds from the grant under subsection (a).
(B)For each of the fiscal years 2007 through 2013, the exception described in subparagraph (A) does not apply if the transitional area involved received funding under subpart I for fiscal year 2006.
(2)(A)The provisions of section 300ff–13 of this title apply with respect to grants under subsection (a) to the same extent and in the same manner as such provisions apply with respect to grants under subpart I, subject to subparagraphs (B) and (C).
(B)For purposes of subparagraph (A), section 300ff–13(a)(4) of this title does not apply.
(C)With respect to section 300ff–13(b) of this title as applied for purposes of subparagraph (A):
(i)The Secretary shall combine amounts available pursuant to such subparagraph with amounts available for carrying out section 300ff–13(b) of this title and shall administer the two programs as a single program.
(ii)In the single program, the Secretary has discretion in allocating amounts between eligible areas under subpart I and transitional areas under this section, subject to the eligibility criteria that apply under such section, and subject to section 300ff–13(b)(2)(C) of this title (relating to priority in making grants).
(iii)Pursuant to section 300ff–13(b)(1) of this title, amounts for the single program are subject to use under section 300ff–13(a)(4) and 300ff–20(d)(1) of this title.
(3)The provisions of section 300ff–15, 300ff–16, and 300ff–17 of this title apply with respect to grants under subsection (a) to the same extent and in the same manner as such provisions apply with respect to grants under subpart I.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Pub. L. 111–87, § 2(a)(1), (3)(A), 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. Subsec. (c)(1). Pub. L. 111–87, § 4(a)(1), in heading substituted “2011” for “2007” and in text substituted “2011” for “2007” in two places and “2010” for “2006”. Subsec. (c)(2)(A)(ii). Pub. L. 111–87, § 4(a)(2)(A), substituted “subject to subparagraphs (B) and (C), to have a” for “to have a”. Subsec. (c)(2)(B). Pub. L. 111–87, § 4(a)(2)(B), (C), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (c)(2)(C). Pub. L. 111–87, § 4(a)(2)(B), (D), redesignated subpar. (B) as (C) and substituted “Subparagraphs (A) and (B) do not apply” for “Subparagraph (A) does not apply”. Subsec. (d)(1)(B). Pub. L. 111–87, § 4(a)(3), substituted “2013” for “2009”. 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.

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, that the provisions of this section as in effect on Sept. 30, 2009, be revived, and that amendment by section 4(a) of Pub. L. 111–87 be applicable to this section as so revived and effective as if enacted on Sept. 30, 2009, see section 2(a)(2), (3) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300ff–19

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73