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Title 42 — The Public Health and WelfareRelease 119-73

§300ff–29a Supplemental grants

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXIV— - HIV HEALTH CARE SERVICES PROGRAM › Part Part B— - Care Grant Program › Subpart subpart i— - general grant provisions › § 300ff–29a

Last updated Apr 6, 2026|Official source

Summary

The Secretary must give extra grants to States to pay for HIV/AIDS services when a State’s application shows a clear, calculated need and the State did not have more than 5 percent of its most recent grant year funds canceled, offset, or waived. In deciding which States need money, the Secretary can look at things like unmet need, rising or high case rates (including in new groups), cost and difficulty of care, co‑existing health problems, homelessness, groups already identified by the program, and other barriers to access. If a State’s services declined because its regular program funding fell, the Secretary must provide funds to make up that decline consistent with the State’s fiscal year 2006 grant award. Within 45 days after awarding these supplemental grants, the Secretary must report to Congress the total available, amounts used for hold‑harmless rules, amounts used to address declines tied to 2006 awards, how the rest was spent, and the reasons for those decisions. The same grant rules that apply to the regular program apply here, and the authority to make these grants starts when money for them is made available under the program’s funding law.

Full Legal Text

Title 42, §300ff–29a

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

(a)For the purpose of providing services described in section 300ff–22(a) of this title, the Secretary shall make grants to States—
(1)whose applications under section 300ff–27 of this title have demonstrated the need in the State, on an objective and quantified basis, for supplemental financial assistance to provide such services; and
(2)that did not, for the most recent grant year pursuant to section 300ff–28(a)(1) or 300ff–28(a)(2)(F)(i) of this title for which data is available, have more than 5 percent of grant funds under such sections canceled, offset under section 300ff–31a(e) of this title, or covered by any waivers under section 300ff–31a(c) of this title.
(b)The factors considered by the Secretary in determining whether an eligible area has a demonstrated need for purposes of subsection (a)(1) may include any or all of the following:
(1)The unmet need for such services, as determined under section 300ff–27(b) of this title.
(2)An increasing need for HIV/AIDS-related services, including relative rates of increase in the number of cases of HIV/AIDS.
(3)The relative rates of increase in the number of cases of HIV/AIDS within new or emerging subpopulations.
(4)The current prevalence of HIV/AIDS.
(5)Relevant factors related to the cost and complexity of delivering health care to individuals with HIV/AIDS in the eligible area.
(6)The impact of co-morbid factors, including co-occurring conditions, determined relevant by the Secretary.
(7)The prevalence of homelessness.
(8)The prevalence of individuals described under section 300ff–12(b)(2)(M) of this title.
(9)The relevant factors that limit access to health care, including geographic variation, adequacy of health insurance coverage, and language barriers.
(10)The impact of a decline in the amount received pursuant to section 300ff–28 of this title on services available to all individuals with HIV/AIDS identified and eligible under this subchapter.
(c)The Secretary shall provide funds under this section to a State to address the decline in services related to the decline in the amounts received pursuant to section 300ff–28 of this title consistent with the grant award to the State for fiscal year 2006, to the extent that the factor under subsection (b)(10) (relating to a decline in funding) applies to the State.
(d)Not later than 45 days after the awarding of supplemental funds under this section, the Secretary shall submit to Congress a report concerning such funds. Such report shall include information detailing—
(1)the total amount of supplemental funds available under this section for the year involved;
(2)the amount of supplemental funds used in accordance with the hold harmless provisions of section 300ff–28(a)(2) of this title;
(3)the amount of supplemental funds disbursed pursuant to subsection (c);
(4)the disbursement of the remainder of the supplemental funds after taking into account the uses described in paragraphs (2) and (3); and
(5)the rationale used for the amount of funds disbursed as described under paragraphs (2), (3), and (4).
(e)The provisions of section 300ff–22(b) of this title apply with respect to a grant under this section to the same extent and in the same manner as such provisions apply with respect to a grant made pursuant to section 300ff–28(a)(1) of this title.
(f)The authority to make grants under this section applies beginning with the first fiscal year for which amounts are made available for such grants under section 300ff–31b(b)(1) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2620 of act
July 1, 1944, was renumbered section 2621 and is classified to section 300ff–30 of this title. Another prior section 2620 of act
July 1, 1944, was classified to section 300ff–30 of this title prior to repeal by Pub. L. 104–146.

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)(2). Pub. L. 111–87, §§ 5(c)(2), 8(a)(2), (b)(2)(D), substituted “300ff–28(a)(2)(F)(i)” for “300ff–28(a)(2)(G)(i)”, “5 percent” for “2 percent”, and “canceled, offset under section 300ff–31a(e) of this title,” for “canceled”. 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 5(c)(2) and 8(a)(2), (b)(2)(D) 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–29a

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73