Public Law 119-102 (07/12/2026)

42 U.S.C. § 300ff–30

Emerging communities

Section text and notes

(a)

In general

section 300ff–22(a) of this titleThe 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 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

section 300ff–27 of this titleA State that desires a grant under this section shall, as part of the State application submitted under , 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)
section 300ff–21 of this title 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 ;
(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

section 300ff–17 of this titleFor purposes of this section, the term “emerging community” means a metropolitan area (as defined in ) 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)
section 300ff–31b(b)(1) of this title the amount available under 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.

July 1, 1944, ch. 373 Pub. L. 106–345, title II, § 207(2)114 Stat. 1337 Pub. L. 109–415, title II120 Stat. 2796 Pub. L. 111–87, § 2(a)(1)123 Stat. 2885 (, title XXVI, § 2621, formerly § 2620, as added , , ; renumbered § 2621 and amended , §§ 204(a), 205(1), 206, title VII, §§ 702(3), 703, , , 2797, 2799, 2820; , (3)(A), , .)

Editorial Notes

Prior Provisions

act July 1, 1944, ch. 373, title XXVI, § 2620 Pub. L. 101–381, title II, § 201104 Stat. 597 Pub. L. 104–146110 Stat. 1367 A prior section 300ff–30, , as added , , , authorized appropriations for fiscal years 1991 through 1995, prior to repeal by , §§ 6(b), 13, , , 1374, effective .

section 300ff–31 of this titlePub. L. 106–345A prior section 2621 of act , was classified to , prior to repeal by .

Amendments

Pub. L. 111–87Pub. L. 109–415, § 7032009— repealed , and revived the provisions of this section as in effect on . See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.

Pub. L. 109–415, § 703Pub. L. 111–87, § 2(a)(1)2006—, which directed repeal of this section effective , was itself repealed by , effective .

Pub. L. 109–415, § 206(1), substituted “Emerging communities” for “Supplemental grants” in section catchline.

Pub. L. 109–415, § 206(2)Subsec. (b)(3), (4). , added par. (3) and redesignated former par. (3) as (4).

Pub. L. 109–415, § 204(a)section 300ff–21 of this titleSubsec. (c)(3). , substituted “” for “this part”.

Pub. L. 109–415, § 702(3)Subsec. (c)(5), (6). , substituted “HIV/AIDS” for “HIV disease”.

Pub. L. 109–415, § 206(3)Subsecs. (d) to (f). , 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 Section

section 2(a)(1) of Pub. L. 111–87section 703 of Pub. L. 109–415Pub. L. 111–87section 300ff–11 of this titleFor provisions that repeal by of be effective , and that the provisions of this section as in effect on , be revived, see section 2(a)(2), (3)(A) of , set out as a note under .