42 U.S.C. § 300ff–30: Emerging communities

Summary

The Secretary must give extra grants to eligible States so they can offer full HIV/AIDS services in “emerging communities” that cannot get the main grant. To get a grant, a State must already qualify for the regular program, show it has an emerging community, promise to give these funds directly to those communities and keep them separate from other funds, and include a detailed plan. That plan must explain how the money will be shared and used, show local cash and in-kind support, promise to keep HIV activities at least at last year’s level, show the State can spend the money quickly and cost-effectively, show funds will be split by local needs (including infants, children, women, and families), show that affected people were included in planning, and show the services match local needs assessments and the statewide plan. An “emerging community” is a metro area that has 500 to 999 CDC-confirmed AIDS cases reported in the most recent 5 calendar years. A metro area stays an emerging community unless for three fiscal years in a row it both no longer meets that 500–999 rule and has fewer than 750 living cases as reported to and confirmed by the CDC as of December 31 of the most recent year. A State’s grant amount equals the total money available that year multiplied by the State’s share of living HIV/AIDS cases in emerging communities (State cases divided by the total cases in those communities across all States).

Title 42, §300ff–30

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

(a)In general

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)Eligibility

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)Reporting requirements

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)Definitions of emerging community

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)Continued status as emerging community

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)Distribution

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)

(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