PRIA Logo™
Title 42, The Public Health and WelfareRelease 119-110

§300ff–53 Preferences in Making Grants

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXIV — HIV HEALTH CARE SERVICES PROGRAM › Part C — Early Intervention Services › subpart i — categorical grants › § 300ff–53

Last updated Sep 23, 2026|Official source

Summary

The Secretary must give priority for these grants to qualified applicants who are seeing a heavier burden of providing HIV/AIDS services. That heavier burden is shown by factors for the area during the 2-year period before the fiscal year the applicant seeks funding: how many HIV/AIDS cases there are and how fast they are rising, lack of early intervention services, levels and growth of other sexually transmitted diseases, tuberculosis, drug abuse, and co‑infections with hepatitis B or C, lack of other primary health providers, and how far and how long it takes to reach the nearest community with adequate HIV services. The Secretary must spread these preferences fairly between cities and rural places. The Secretary must also favor applicants who will use the grant to provide early intervention in rural areas and favor areas that are underserved for these services.

Full Legal Text

Title 42, §300ff–53

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

(a)In general
In making grants under section 300ff–51 of this title, the Secretary shall give preference to any qualified applicant experiencing an increase in the burden of providing services regarding HIV/AIDS, as indicated by the factors specified in subsection (b).
(b)Specification of factors
(1)In general
In the case of the geographic area with respect to which the entity involved is applying for a grant under section 300ff–51 of this title, the factors referred to in subsection (a), as determined for the period specified in paragraph (2), are—
(A)the number of cases of HIV/AIDS;
(B)the rate of increase in such cases;
(C)the lack of availability of early intervention services;
(D)the number of other cases of sexually transmitted diseases, and the number of cases of tuberculosis and of drug abuse and the number of cases of individuals co-infected with HIV/AIDS and hepatitis B or C;
(E)the rate of increase in each of the cases specified in subparagraph (D);
(F)the lack of availability of primary health services from providers other than such applicant; and
(G)the distance between such area and the nearest community that has an adequate level of availability of appropriate HIV-related services, and the length of time required to travel such distance.
(2)Relevant period of time
The period referred to in paragraph (1) is the 2-year period preceding the fiscal year for which the entity involved is applying to receive a grant under section 300ff–51 of this title.
(c)Equitable allocations
In providing preferences for purposes of subsection (b), the Secretary shall equitably allocate the preferences among urban and rural areas.
(d)Certain areas
Of the applicants who qualify for preference under this section— (1)
(2)the Secretary shall give preference to areas that are underserved with respect to such services.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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. Subsec. (a). Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease”. Subsec. (b)(1)(A). Pub. L. 109–415, § 302(b)(1)(A), substituted “HIV/AIDS” for “acquired immune deficiency syndrome”. Subsec. (b)(1)(D). Pub. L. 109–415, § 302(b)(1)(B), inserted “and the number of cases of individuals co-infected with HIV/AIDS and hepatitis B or C” before semicolon at end. Subsec. (d)(2). Pub. L. 109–415, § 302(b)(2), substituted “preference” for “special consideration”. 2000—Subsec. (d). Pub. L. 106–345 added subsec. (d).

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300ff–53

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110