§300ff–30 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must give extra grants to States so they can pay for full HIV services in “emerging communities” that do not get Part A grants. To get one, a State must already qualify for the program, show it has an emerging community, promise to send the grant money directly to those communities and keep it separate, and include a detailed plan and information in its application. That plan must explain how the money will be spent and why it is needed; show local financial and in-kind support; show the State will keep HIV activities at least at the level of the one-year period before the fiscal year it is applying for; show the State can spend the money quickly and cheaply; show funds will match local AIDS demographics (including infants, children, women, and families); show the planning was inclusive of affected people; and show the services match local and statewide needs. An “emerging community” is a metro area that had at least 500 but fewer than 1,000 confirmed AIDS cases in the most recent 5-year period, as reported to the CDC Director. Once a metro area is an emerging community for a year, it keeps that status until it fails for three straight fiscal years both to meet the 500–999 five‑year count and to have at least 750 living AIDS cases reported to the CDC Director as of December 31 of the most recent year with data. Each State’s grant for a year equals the total program money for that year multiplied by the State’s share of living HIV/AIDS cases in emerging communities divided by the total such cases in all States.

Title 42, §300ff–30

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

(a)The Secretary shall award supplemental grants to States determined to be eligible under subsection (b) to enable such States to provide comprehensive services of the type described in section 300ff–22(a) of this title to supplement the services otherwise provided by the State under a grant under this subpart in emerging communities within the State that are not eligible to receive grants under part A.

(b)To be eligible to receive a supplemental grant under subsection (a), a State shall—

(1)be eligible to receive a grant under this subpart;

(2)demonstrate the existence in the State of an emerging community as defined in subsection (d)(1);

(3)agree that the grant will be used to provide funds directly to emerging communities in the State, separately from other funds under this subchapter that are provided by the State to such communities; and

(4)submit the information described in subsection (c).

(c)A State that desires a grant under this section shall, as part of the State application submitted under section 300ff–27 of this title, submit a detailed description of the manner in which the State will use amounts received under the grant and of the severity of need. Such description shall include—

(1)a report concerning the dissemination of supplemental funds under this section and the plan for the utilization of such funds in the emerging community;

(2)a demonstration of the existing commitment of local resources, both financial and in-kind;

(3)a demonstration that the State will maintain HIV-related activities at a level that is equal to not less than the level of such activities in the State for the 1-year period preceding the fiscal year for which the State is applying to receive a grant under section 300ff–21 of this title;

(4)a demonstration of the ability of the State to utilize such supplemental financial resources in a manner that is immediately responsive and cost effective;

(5)a demonstration that the resources will be allocated in accordance with the local demographic incidence of AIDS including appropriate allocations for services for infants, children, women, and families with HIV/AIDS;

(6)a demonstration of the inclusiveness of the planning process, with particular emphasis on affected communities and individuals with HIV/AIDS; and

(7)a demonstration of the manner in which the proposed services are consistent with local needs assessments and the statewide coordinated statement of need.

(d)For purposes of this section, the term “emerging community” means a metropolitan area (as defined in section 300ff–17 of this title) 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 500, but fewer than 1,000, cases of AIDS during the most recent period of 5 calendar years for which such data are available.

(e)Notwithstanding any other provision of this section, a metropolitan area that is an emerging community for a fiscal year continues to be an emerging community until the metropolitan area fails, for three consecutive fiscal years—

(1)to meet the requirements of subsection (d); and

(2)to have a cumulative total of 750 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.

(f)The amount of a grant under subsection (a) for a State for a fiscal year shall be an amount equal to the product of—

(1)the amount available under section 300ff–31b(b)(1) of this title for the fiscal year; and

(2)a percentage equal to the ratio constituted by the number of living cases of HIV/AIDS in emerging communities in the State to the sum of the respective numbers of such cases in such communities for all States.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 300ff–30, act

July 1, 1944, ch. 373, title XXVI, § 2620, as added Aug. 18, 1990, Pub. L. 101–381, title II, § 201, 104 Stat. 597, authorized appropriations for fiscal years 1991 through 1995, prior to repeal by Pub. L. 104–146, §§ 6(b), 13,

May 20, 1996, 110 Stat. 1367, 1374, effective Oct. 1, 1996. A prior section 2621 of act

July 1, 1944, was classified to section 300ff–31 of this title, prior to repeal by Pub. L. 106–345.

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. Pub. L. 109–415, § 206(1), substituted “Emerging communities” for “Supplemental grants” in section catchline. Subsec. (b)(3), (4). Pub. L. 109–415, § 206(2), added par. (3) and redesignated former par. (3) as (4). Subsec. (c)(3). Pub. L. 109–415, § 204(a), substituted “section 300ff–21 of this title” for “this part”. Subsec. (c)(5), (6). Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease”. Subsecs. (d) to (f). Pub. L. 109–415, § 206(3), added subsecs. (d) to (f) and struck out former subsecs. (d) and (e) defining “emerging community” and relating to funding, respectively.

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–30 Emerging communities

Summary

Title 42, §300ff–30

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata