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42 U.S.C. § 300ff–53Preferences in making grants

submitted 82 years ago by Pub. L. 101-381 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 335 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary favors applicants facing a growing burden of HIV/AIDS in their area. Preference factors include rising case counts and a lack of nearby health services. The Secretary must balance preferences fairly between urban and rural areas.

(a) In general — When awarding grants under section 300ff–51, the Secretary must give preference to qualified applicants facing a growing burden of providing HIV/AIDS services, as measured by the factors in (b). (b) Specification of factors — For the area an applicant serves, over the two years before its application, the Secretary considers: the number of HIV/AIDS cases; how fast that number is rising; the lack of available early intervention services; the number of other sexually transmitted disease cases, tuberculosis cases, drug-abuse cases, and cases of people co-infected with HIV/AIDS and hepatitis B or C; how fast those numbers are rising; the lack of primary health services from other providers; and how far the area is from the nearest community with adequate HIV-related services, and how long that trip takes. (c) Equitable allocations — The Secretary must spread these preferences equitably between urban and rural areas. (d) Certain areas — Among applicants who qualify for a preference, the Secretary must further favor those that will spend the grant on early intervention in rural areas, and must further favor areas that are underserved with respect to these services.
the actual law source: uscode.house.gov ↗public domain
(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 1 the number of cases of tuberculosis and of drug abuse 2 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)

the Secretary shall give preference to applicants that will expend the grant under section 300ff–51 of this title to provide early intervention under such section in rural areas; and

(2)

the Secretary shall give preference to areas that are underserved with respect to such services.

Source credit: (July 1, 1944, ch. 373, title XXVI, § 2653, as added Pub. L. 101–381, title III, § 301(a), Aug. 18, 1990, 104 Stat. 608; amended Pub. L. 106–345, title III, § 311, Oct. 20, 2000, 114 Stat. 1345; Pub. L. 109–415, title III, § 302(b), title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2806, 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. 101-381 · 104 Stat. 608
  • 2000Amended · Pub. L. 106-345 · 114 Stat. 1345
  • 2006Amended · Pub. L. 109-415 · 120 Stat. 2806, 2820
  • 2009Amended · Pub. L. 111-87 · 123 Stat. 2885

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-381 on 1944-07-01.

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