§300ff–13 Type and Distribution of Grants

section 300ff–15 of this title, referred to in subsecs. (a)(2) and (b)(3)(A), was amended by Pub. L. 104–146, § 3(b)(5)(C), (D), May 20, 1996, 110 Stat. 1353, to add a new subsec. (c), relating to single application and grant awards, and redesignate former subsec. (c), relating to date for submission of grant applications, as (d).

A prior section 2603 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238b of this title.

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 L. 111–87, § 2(a)(1), (3)(A), repealed Pub.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

of 2009; Revival of Section note below. Subsec. (a)(3)(C)(ii). Pub. L. 111–87, § 3(a)(1)(A)(i), substituted “2012” for “2009” in introductory provisions. Subsec. (a)(3)(C)(ii)(II). Pub. L. 111–87, § 3(a)(1)(A)(ii), substituted “or a subsequent fiscal year through fiscal year 2012” for “or 2009”. Subsec. (a)(3)(C)(iv). Pub. L. 111–87, § 3(a)(1)(B), substituted “2012” for “2010”. Subsec. (a)(3)(C)(v). Pub. L. 111–87, § 3(a)(1)(C), inserted “or a subsequent fiscal year” after “2009”. Subsec. (a)(3)(C)(vi)(II). Pub. L. 111–87, § 3(a)(1)(D), inserted “for fiscal years before fiscal year 2012 (and 6 percent for fiscal year 2012)” after “5 percent”. Subsec. (a)(3)(C)(vi)(III). Pub. L. 111–87, § 7(a)(1), added subcl. (III). Subsec. (a)(3)(C)(ix)(II). Pub. L. 111–87, § 3(a)(1)(E), substituted “2013” for “2010” and “2012” for “2009”. Subsec. (a)(3)(C)(xi). Pub. L. 111–87, § 3(a)(1)(F), added cl. (xi). Subsec. (a)(3)(D)(i). Pub. L. 111–87, § 3(a)(2)(A)(i), substituted “2012” for “2009” in introductory provisions. Subsec. (a)(3)(D)(i)(II). Pub. L. 111–87, § 3(a)(2)(A)(ii), substituted “through 2012” for “and 2009”. Subsec. (a)(3)(D)(ii). Pub. L. 111–87, § 3(a)(2)(B), substituted “2012” for “2009”. Subsec. (a)(4)(A). Pub. L. 111–87, § 5(a)(1), (2), substituted “2009” for “2006” and “2010 through 2013” for “2007 through 2009” in introductory provisions, added cls. (i) to (iii), and struck out former cls. (i) and (ii) which read as follows: “(i) For fiscal year 2007, an amount equal to 95 percent of the amount of the grant that would have been made pursuant to paragraph (3) and this paragraph for fiscal year 2006 (as such paragraphs were in effect for such fiscal year) if paragraph (2) (as so in effect) had been applied by substituting ‘66⅔ percent’ for ‘50 percent’. “(ii) For each of the fiscal years 2008 and 2009, an amount equal to 100 percent of the amount of the grant made pursuant to paragraph (3) and this paragraph for fiscal year 2007.” Subsec. (a)(4)(C). Pub. L. 111–87, § 5(a)(3), substituted “2013” for “2009”. Subsec. (b)(1)(H). Pub. L. 111–87, § 8(a)(1), (b)(2)(C), substituted “5 percent” for “2 percent” and “canceled, offset under subsection (c)(4),” for “canceled”. Subsec. (b)(1)(I). Pub. L. 111–87, § 6(b)(1), added subpar. (I). Subsec. (b)(2)(A). Pub. L. 111–87, § 6(b)(2), substituted “one-third, and demonstrated success in identifying individuals with HIV/AIDS who do not know their HIV status and making them aware of such status counting one-third. In making such determination, the Secretary shall consider—” for “one-third.” and added cls. (i) to (iii). Subsec. (b)(2)(D). Pub. L. 111–87, § 7(a)(2), added subpar. (D). Subsec. (c)(3)(D)(i). Pub. L. 111–87, § 8(b)(1)(A), substituted “5 percent” for “2 percent” in concluding provisions. Subsec. (c)(3)(D)(i)(I). Pub. L. 111–87, § 8(c)(1), inserted “(less any amount of such balance that is the subject of a waiver of cancellation under subparagraph (A))” after “unobligated balance”. Subsec. (c)(4). Pub. L. 111–87, § 8(b)(2)(A), added par. (4). 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)(2). Pub. L. 109–415, § 107(b), substituted “this subpart” for “this part”. Pub. L. 109–415, § 102(a), substituted “66⅔ percent of the amount made available under section 300ff–20(b) of this title for carrying out this subpart” for “50 percent of the amount appropriated under section 300ff–77 of this title” and “paragraphs (3) and (4)” for “paragraph (3)” in first sentence and struck out last sentence which read as follows: “The Secretary shall reserve an additional percentage of the amount appropriated under section 300ff–77 of this title for a fiscal year for grants under this part to make grants to eligible areas under section 300ff–11(a) of this title in accordance with paragraph (4).” Subsec. (a)(3)(A). Pub. L. 109–415, § 102(d)(1), inserted concluding provisions. Subsec. (a)(3)(B). Pub. L. 109–415, § 102(b)(1), which directed the substitution of “living cases of HIV/AIDS (reported to and confirmed by the Director of the Centers for Disease Control and Prevention)” for “estimated living cases of acquired immune deficiency syndrome”, was executed by making the substitution for “estimated number of living cases of acquired immune deficiency syndrome”, to reflect the probable intent of Congress. Subsec. (a)(3)(C) to (E). Pub. L. 109–415, § 102(b)(2), (c), added subpars. (C) and (D) and struck out former subpars. (C) to (E) which related to estimate of living cases, determination of Secretary regarding data on HIV cases, and unexpended funds, respectively. Subsec. (a)(4). Pub. L. 109–415, § 102(d)(2), reenacted heading without change and amended text generally, substituting provisions relating to increases in grant for each of the fiscal years 2007 through 2009 for provisions relating to increases in grant for the first through fifth or subsequent fiscal years in a protection period. Subsec. (b)(1). Pub. L. 109–415, § 103(1)(A), in introductory provisions, substituted “Subject to subsection (a)(4)(B)(i) and section 300ff–20(d) of this title, the Secretary shall” for “Not later than 150 days after the date on which appropriations are made under section 300ff–77 of this title for a fiscal year, the Secretary shall”. Subsec. (b)(1)(B). Pub. L. 109–415, § 103(1)(B), substituted “demonstrates the need in such area, on an objective and quantified basis,” for “demonstrates the severe need in such area”. Subsec. (b)(1)(E). Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease”. Subsec. (b)(1)(F). Pub. L. 109–415, § 103(1)(C), added subpar. (F) and struck out former subpar. (F) which read as follows: “demonstrates the inclusiveness of the planning council membership, with particular emphasis on affected communities and individuals with HIV disease; and”. Subsec. (b)(1)(H). Pub. L. 109–415, § 103(1)(D), (E), added subpar. (H). Subsec. (b)(2)(A). Pub. L. 109–415, § 103(2)(A), substituted “demonstrated need” for “severe need”. Subsec. (b)(2)(B). Pub. L. 109–415, § 103(2)(B), added subpar. (B) and struck out former subpar. (B) which related to severe need. Subsec. (b)(2)(C), (D). Pub. L. 109–415, § 103(2)(C), added subpar. (C) and struck out former subpars. (C) and (D) which related to mechanism to utilize data to determine prevalence of HIV disease and the phasing in, over a 3-year period beginning in fiscal year 1998, of the use of such mechanism to determine severe needs, respectively. Subsec. (c). Pub. L. 109–415, § 104(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 109–415, § 107(b), substituted “this subpart” for “this part”. Pub. L. 109–415, § 104(1), redesignated subsec. (c) as (d). Subsec. (e). Pub. L. 109–415, § 104(3), added subsec. (e). 2000—Subsec. (a)(2). Pub. L. 106–345, § 111(a), substituted “for a fiscal year” for “for each of the fiscal years 1996 through 2000” in first sentence. Subsec. (a)(3)(C)(i). Pub. L. 106–345, § 111(b)(1)(A), inserted before semicolon “, except that (subject to subparagraph (D)), for grants made pursuant to this paragraph for fiscal year 2005 and subsequent fiscal years, the cases counted for each 12-month period beginning on or after July 1, 2004, shall be cases of HIV disease (as reported to and confirmed by such Director) rather than cases of acquired immune deficiency syndrome”. Subsec. (a)(3)(C). Pub. L. 106–345, § 111(b)(1)(B), in concluding provisions, inserted before period at end of first sentence “, and shall be reported to the congressional committees of jurisdiction” and inserted at end “Updates shall as applicable take into account the counting of cases of HIV disease pursuant to clause (i).” Subsec. (a)(3)(D), (E). Pub. L. 106–345, § 111(b)(2), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (a)(4). Pub. L. 106–345, § 111(c), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “With respect to an eligible area under section 300ff–11(a) of this title, the Secretary shall increase the amount of a grant under paragraph (2) for a fiscal year to ensure that such eligible area receives not less than— “(A) with respect to fiscal year 1996, 100 percent; “(B) with respect to fiscal year 1997, 99 percent; “(C) with respect to fiscal year 1998, 98 percent; “(D) with respect to fiscal year 1999, 96.5 percent; and “(E) with respect to fiscal year 2000, 95 percent; of the amount allocated for fiscal year 1995 to such entity under this subsection.” Subsec. (b)(1)(E). Pub. L. 106–345, § 112(b), inserted “youth,” after “children,”. Subsec. (b)(2). Pub. L. 106–345, § 112(a)(1), substituted “Amount of grant” for “Definition” in heading. Subsec. (b)(2)(A). Pub. L. 106–345, § 112(a)(3), added subpar. (A). Former subpar. (A) redesignated (B). Subsec. (b)(2)(B). Pub. L. 106–345, § 112(a)(2), (4), redesignated subpar. (A) as (B) and added cls. (iv) to (vi). Former subpar. (B) redesignated (C). Subsec. (b)(2)(C). Pub. L. 106–345, § 112(a)(5)(C), inserted after second sentence “Such a mechanism shall be modified to reflect the findings of the study under section 501(b) of the Ryan White CARE Act

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 3(a), 5(a), 6(b), 7(a), and 8(a)(1), (b)(1)(A), (2)(A), (C), (c)(1) 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.

of 1996 AmendmentAmendment by section 3(b)(2), (3), 4, 6(c)(1)(B), and 12(c)(2) of Pub. L. 104–146 effective Oct. 1, 1996, and amendment by section 6(c)(1)(A) of Pub. L. 104–146 effective May 20, 1996, see section 13 of Pub. L. 104–146, set out as a note under section 300ff–11 of this title.