Title 42The Public Health and WelfareRelease 119-73

§300ff–20 Authorization of appropriations

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 iii— - general provisions › § 300ff–20

Last updated Apr 6, 2026|Official source

Summary

Provides specific yearly funding amounts for fiscal years 2007 through 2013: $604,000,000 for 2007, $626,300,000 for 2008, $649,500,000 for 2009, $681,975,000 for 2010, $716,074,000 for 2011, $751,877,000 for 2012, and $789,471,000 for 2013. Money appropriated for a year can be used until the end of the second fiscal year after that year. For 2007, $458,310,000 must be set aside for grants under subpart I and $145,690,000 must be set aside for grants under the program in section 300ff–19. For 2008 and later years, the Secretary must reserve amounts each year for those same two kinds of grants. If a metropolitan area loses or changes eligibility, the reserved amounts are adjusted so funds follow the change. Generally, the reserve for subpart I is reduced by the amount of the prior year’s grant for that metro area, and that same amount is either added to the reserve for section 300ff–19 grants or is transferred to other grant funds under section 300ff–28(a)(1) if the area does not qualify as a transitional area. If a transfer to section 300ff–28(a)(1) happens, the subpart I reserve is cut by an extra $500,000 and that $500,000 is also transferred. When a transitional area loses that status but does not become an eligible area, the reserved amount for section 300ff–19 is cut by the prior year’s supplemental grant plus $500,000 and those amounts are transferred; for fiscal years 2010–2013, the State gets a phased share of the prior supplemental grant (75% in the first year, 50% in the second, and 25% in the third) and any remaining reduced amount is sent to the other grants. Reductions must be taken first from the pool for supplemental grants, before other uses, and if that pool is too small the reductions are reduced so they do not exceed what is available. These adjustment rules apply each time a metro area’s status changes.

Full Legal Text

Title 42, §300ff–20

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

(a)For the purpose of carrying out this part, there are authorized to be appropriated $604,000,000 for fiscal year 2007, $626,300,000 for fiscal year 2008, $649,500,000 for fiscal year 2009, $681,975,000 for fiscal year 2010, $716,074,000 for fiscal year 2011, $751,877,000 for fiscal year 2012, and $789,471,000 for fiscal year 2013. Amounts appropriated under the preceding sentence for a fiscal year are available for obligation by the Secretary until the end of the second succeeding fiscal year.
(b)(1)Of the amount appropriated under subsection (a) for fiscal year 2007, the Secretary shall reserve—
(A)$458,310,000 for grants under subpart I; and
(B)$145,690,000 for grants under section 300ff–19 of this title.
(2)Of the amount appropriated under subsection (a) for fiscal year 2008 and each subsequent fiscal year—
(A)the Secretary shall reserve an amount for grants under subpart I; and
(B)the Secretary shall reserve an amount for grants under section 300ff–19 of this title.
(c)Notwithstanding subsection (b):
(1)If a metropolitan area is an eligible area under subpart I for a fiscal year, but for a subsequent fiscal year ceases to be an eligible area by reason of section 300ff–11(b) of this title—
(A)(i)the amount reserved under paragraph (1)(A) or (2)(A) of subsection (b) of this section for the first such subsequent year of not being an eligible area is deemed to be reduced by an amount equal to the amount of the grant made pursuant to section 300ff–13(a) of this title for the metropolitan area for the preceding fiscal year; and
(ii)(I)if the metropolitan area qualifies for such first subsequent fiscal year as a transitional area under 300ff–19 11 So in original. Probably should be preceded by “section”. of this title, the amount reserved under paragraph (1)(B) or (2)(B) of subsection (b) for such fiscal year is deemed to be increased by an amount equal to the amount of the reduction under subparagraph (A) for such year; or
(II)if the metropolitan area does not qualify for such first subsequent fiscal year as a transitional area under 300ff–19 1 of this title, an amount equal to the amount of such reduction is, notwithstanding subsection (a), transferred and made available for grants pursuant to section 300ff–28(a)(1) of this title, in addition to amounts available for such grants under section 300ff–31b of this title; and
(B)if a transfer under subparagraph (A)(ii)(II) is made with respect to the metropolitan area for such first subsequent fiscal year, then—
(i)the amount reserved under paragraph (1)(A) or (2)(A) of subsection (b) of this section for such year is deemed to be reduced by an additional $500,000; and
(ii)an amount equal to the amount of such additional reduction is, notwithstanding subsection (a), transferred and made available for grants pursuant to section 300ff–28(a)(1) of this title, in addition to amounts available for such grants under section 300ff–31b of this title.
(2)If a metropolitan area is a transitional area under section 300ff–19 of this title for a fiscal year, but for a subsequent fiscal year ceases to be a transitional area by reason of section 300ff–19(c)(2) of this title (and does not qualify for such subsequent fiscal year as an eligible area under subpart I)—
(A)the amount reserved under subsection (b)(2)(B) of this section for the first such subsequent fiscal year of not being a transitional area is deemed to be reduced by an amount equal to the total of—
(i)the amount of the grant that, pursuant to section 300ff–13(a) of this title, was made under section 300ff–19(d)(2)(A) of this title for the metropolitan area for the preceding fiscal year; and
(ii)$500,000; and
(B)(i)subject to clause (ii), an amount equal to the amount of the reduction under subparagraph (A) for such year is, notwithstanding subsection (a), transferred and made available for grants pursuant to section 300ff–28(a)(1) of this title, in addition to amounts available for such grants under section 300ff–31b of this title; and
(ii)for each of fiscal years 2010 through 2013, notwithstanding subsection (a)—
(I)there shall be transferred to the State containing the metropolitan area, for purposes described in section 300ff–22(a) of this title, an amount (which shall not be taken into account in applying section 300ff–28(a)(2)(H) of this title) equal to—
(aa)for the first fiscal year of the metropolitan area not being a transitional area, 75 percent of the amount described in subparagraph (A)(i) for such area;
(bb)for the second fiscal year of the metropolitan area not being a transitional area, 50 percent of such amount; and
(cc)for the third fiscal year of the metropolitan area not being a transitional area, 25 percent of such amount; and
(II)there shall be transferred and made available for grants pursuant to section 300ff–28(a)(1) of this title for the fiscal year, in addition to amounts available for such grants under section 300ff–31b of this title, an amount equal to the total amount of the reduction for such fiscal year under subparagraph (A), less the amount transferred for such fiscal year under subclause (I).
(3)If a metropolitan area is a transitional area under section 300ff–19 of this title for a fiscal year, but for a subsequent fiscal year qualifies as an eligible area under subpart I—
(A)the amount reserved under subsection (b)(2)(B) of this section for the first such subsequent fiscal year of becoming an eligible area is deemed to be reduced by an amount equal to the amount of the grant that, pursuant to section 300ff–13(a) of this title, was made under section 300ff–19(d)(2)(A) of this title for the metropolitan area for the preceding fiscal year; and
(B)the amount reserved under subsection (b)(2)(A) for such fiscal year is deemed to be increased by an amount equal to the amount of the reduction under subparagraph (A) for such year.
(d)With respect to paragraphs (1)(B)(i) and (2)(A)(ii) of subsection (c), the Secretary shall administer any reductions under such paragraphs for a fiscal year in accordance with the following:
(1)The reductions shall be made from amounts available for the single program referred to in section 300ff–19(d)(2)(C) of this title (relating to supplemental grants).
(2)The reductions shall be made before the amounts referred to in paragraph (1) are used for purposes of section 300ff–13(a)(4) of this title.
(3)If the amounts referred to in paragraph (1) are not sufficient for making all the reductions, the reductions shall be reduced until the total amount of the reductions equals the total of the amounts referred to in such paragraph.
(e)Paragraphs (1) and (2) of subsection (c) apply with respect to each series of fiscal years during which a metropolitan area is an eligible area under subpart I or a transitional area under section 300ff–19 of this title for a fiscal year and then for a subsequent fiscal year ceases to be such an area by reason of section 300ff–11(b) or 300ff–19(c)(2) of this title, respectively, rather than applying to a single such series. Paragraph (3) of subsection (c) applies with respect to each series of fiscal years during which a metropolitan area is a transitional area under section 300ff–19 of this title for a fiscal year and then for a subsequent fiscal year becomes an eligible area under subpart I, rather than applying to a single such series.

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. (a). Pub. L. 111–87, § 2(b), substituted “$649,500,000 for fiscal year 2009, $681,975,000 for fiscal year 2010, $716,074,000 for fiscal year 2011, $751,877,000 for fiscal year 2012, and $789,471,000 for fiscal year 2013” for “and $649,500,000 for fiscal year 2009”. Subsec. (c)(2)(B). Pub. L. 111–87, § 4(b), designated existing provisions as cl. (i), inserted “subject to clause (ii),” before “an amount equal to the amount”, and added cl. (ii). 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 2(b) and 4(b) 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–20

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73