42 U.S.C. § 300FF
Section 300ff · Emerging communities
Current version, with additions and removals from the October 20, 2000 version.
The Secretary shall award supplemental grants to States determined to be eligible under subsection (b) of this section 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 of this subchapter.
To be eligible to receive a supplemental grant under subsection (a) of this section, 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) of this section; and
(3) submit the information described in subsection (c) of this section.
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 this part;
(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 disease;
(6) a demonstration of the inclusiveness of the planning process, with particular emphasis on affected communities and individuals with HIV disease; 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.
In this section, the term “emerging community” means a metropolitan area—
(1) that is not eligible for a grant under part A of this subchapter; and
(2) for which there has been reported to the Director of the Centers for Disease Control and Prevention a cumulative total of between 500 and 1,999 cases of acquired immune deficiency syndrome for the most recent period of 5 calendar years for which such data are available (except that, for fiscal year 2005 and subsequent fiscal years, cases of HIV disease shall be counted rather than cases of acquired immune deficiency syndrome if cases of HIV disease are being counted for purposes of section 300ff–28(a)(2)(D)(i) of this title).
(1) In general
Subject to paragraph (2), with respect to each fiscal year beginning with fiscal year 2001, the Secretary, to carry out this section, shall utilize—
(A) the greater of—
(i) 25 percent of the amount appropriated under section 300ff–77 of this title to carry out this part, excluding the amount appropriated under section 300ff–28(a)(2)(I) of this title, for such fiscal year that is in excess of the amount appropriated to carry out this part in the fiscal year preceding the fiscal year involved; or
(ii) $5,000,000,
to provide funds to States for use in emerging communities with at least 1,000, but less than 2,000, cases of AIDS as reported to and confirmed by the Director of the Centers for Disease Control and Prevention for the five year period preceding the year for which the grant is being awarded; and
(B) the greater of—
(i) 25 percent of the amount appropriated under section 300ff–77 of this title to carry out this part, excluding the amount appropriated under section 300ff–28(a)(2)(I) of this title, for such fiscal year that is in excess of the amount appropriated to carry out such part in the fiscal year preceding the fiscal year involved; or
(ii) $5,000,000,
to provide funds to States for use in emerging communities with at least 500, but less than 1,000, cases of AIDS reported to and confirmed by the Director of the Centers for Disease Control and Prevention for the five year period preceding the year for which the grant is being awarded.
(2) Trigger of funding
This section shall be effective only for fiscal years beginning in the first fiscal year in which the amount appropriated under section 300ff–77 of this title to carry out this part, excluding the amount appropriated under section 300ff–28(a)(2)(I) of this title, exceeds by at least $20,000,000 the amount appropriated under section 300ff–77 of this title to carry out this part in fiscal year 2000, excluding the amount appropriated under section 300ff–28(a)(2)(I) of this title.
(3) Minimum amount in future years
Beginning with the first fiscal year in which amounts provided for emerging communities under paragraph (1)(A) equals $5,000,000 and under paragraph (1)(B) equals $5,000,000, the Secretary shall ensure that amounts made available under this section for the types of emerging communities described in each such paragraph in subsequent fiscal years is at least $5,000,000.
(4) Distribution
Grants under this section for emerging communities shall be formula grants. There shall be two categories of such formula grants, as follows:
(A) One category of such grants shall be for emerging communities for which the cumulative total of cases for purposes of subsection (d)(2) of this section is 999 or fewer cases. The grant made to such an emerging community for a fiscal year shall be the product of—
(i) an amount equal to 50 percent of the amount available pursuant to this subsection for the fiscal year involved; and
(ii) a percentage equal to the ratio constituted by the number of cases for such emerging community for the fiscal year over the aggregate number of such cases for such year for all emerging communities to which this subparagraph applies.
(B) The other category of formula grants shall be for emerging communities for which the cumulative total of cases for purposes of subsection (d)(2) of this section is 1,000 or more cases. The grant made to such an emerging community for a fiscal year shall be the product of—
(i) an amount equal to 50 percent of the amount available pursuant to this subsection for the fiscal year involved; and
(ii) a percentage equal to the ratio constituted by the number of cases for such community for the fiscal year over the aggregate number of such cases for the fiscal year for all emerging communities to which this subparagraph applies.
The Secretary shall award supplemental grants to States determined to be eligible under subsection (b) of this section 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 of this subchapter.
To be eligible to receive a supplemental grant under subsection (a) of this section, a State shall—
be eligible to receive a grant under this subpart;
demonstrate the existence in the State of an emerging community as defined in subsection (d)(1) of this section;
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
submit the information described in subsection (c) of this section.
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—
a report concerning the dissemination of supplemental funds under this section and the plan for the utilization of such funds in the emerging community;
a demonstration of the existing commitment of local resources, both financial and in-kind;
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;
a demonstration of the ability of the State to utilize such supplemental financial resources in a manner that is immediately responsive and cost effective;
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;
a demonstration of the inclusiveness of the planning process, with particular emphasis on affected communities and individuals with HIV/AIDS; and
a demonstration of the manner in which the proposed services are consistent with local needs assessments and the statewide coordinated statement of need.
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.
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—
to meet the requirements of subsection (d); and
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.
The amount of a grant under subsection (a) for a State for a fiscal year shall be an amount equal to the product of—
the amount available under section 300ff–31b(b)(1) of this title for the fiscal year; and
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.