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

submitted 82 years ago by Pub. L. 106-345 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 650 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary gives extra grants to States for HIV/AIDS services in "emerging communities." An emerging community is a metro area with 500 to 999 reported AIDS cases over five years. Each State's grant share depends on how many HIV/AIDS cases its emerging communities have.

(a) In general — The Secretary must award supplemental grants to eligible States so they can provide the comprehensive HIV/AIDS services described in section 300ff–22(a) inside "emerging communities" — smaller metro areas in the State that do not qualify for Part A funding. (b) Eligibility — To qualify, a State must: already be eligible for a grant under this subpart; show it has an emerging community as defined in (d)(1); agree to pass the money directly to emerging communities, separate from its other HIV/AIDS funds; and submit the information described in (c). (c) Reporting requirements — As part of its regular grant application, a State asking for this money must describe in detail how it will spend the funds and how severe the need is. That description must include: a plan for disseminating and using the supplemental funds in the emerging community; proof of existing local financial and in-kind commitment; proof the State will keep HIV-related activity at least at last year's level; proof the State can spend the money quickly and cost-effectively; proof the money will be allocated to match the local demographic pattern of AIDS cases, including appropriate funding for infants, children, women, and families; proof the planning process included affected communities and people with HIV/AIDS; and proof the plan fits local needs assessments and the statewide coordinated statement of need. (d) Definition of emerging community — An "emerging community" is a metropolitan area (as defined in section 300ff–17) where the CDC Director has confirmed a cumulative total of at least 500 but fewer than 1,000 AIDS cases over the most recent five-calendar-year period with available data. (e) Continued status as emerging community — Once an area qualifies as an emerging community for a fiscal year, it keeps that status until it fails, for three fiscal years in a row, to both (1) still meet the 500-to-999-case definition in (d), and (2) have a cumulative total of at least 750 living AIDS cases as of the most recent December 31. (f) Distribution — A State's grant for a fiscal year equals the money set aside under section 300ff–31b(b)(1) for that year, multiplied by that State's share of all living HIV/AIDS cases counted across every State's emerging communities.
the actual law source: uscode.house.gov ↗public domain
(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)

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.

Source credit: (July 1, 1944, ch. 373, title XXVI, § 2621, formerly § 2620, as added Pub. L. 106–345, title II, § 207(2), Oct. 20, 2000, 114 Stat. 1337; renumbered § 2621 and amended Pub. L. 109–415, title II, §§ 204(a), 205(1), 206, title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2796, 2797, 2799, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 106-345 · 114 Stat. 1337
  • 2006Amended · Pub. L. 109-415 · 120 Stat. 2796, 2797, 2799, 2820
  • 2009Amended · Pub. L. 111-87 · 123 Stat. 2885

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-345 on 1944-07-01.

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