US Code

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

42 U.S.C. § 300ff–53

Preferences in making grants

Section text and notes

(a)

In general

section 300ff–51 of this titleIn making grants under , 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

section 300ff–51 of this titleIn the case of the geographic area with respect to which the entity involved is applying for a grant under , 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)
1
1 So in original. The word “and” probably should not appear.
2
2 So in original. A comma probably should appear.
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

section 300ff–51 of this titleThe 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 .

(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)
section 300ff–51 of this title the Secretary shall give preference to applicants that will expend the grant under 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.

July 1, 1944, ch. 373 Pub. L. 101–381, title III, § 301(a)104 Stat. 608 Pub. L. 106–345, title III, § 311114 Stat. 1345 Pub. L. 109–415, title III, § 302(b)120 Stat. 2806 Pub. L. 111–87, § 2(a)(1)123 Stat. 2885 (, title XXVI, § 2653, as added , , ; amended , , ; , title VII, §§ 702(3), 703, , , 2820; , (3)(A), , .)

Editorial Notes

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, § 702(3)Subsec. (a). , substituted “HIV/AIDS” for “HIV disease”.

Pub. L. 109–415, § 302(b)(1)(A)Subsec. (b)(1)(A). , substituted “HIV/AIDS” for “acquired immune deficiency syndrome”.

Pub. L. 109–415, § 302(b)(1)(B)Subsec. (b)(1)(D). , inserted “and the number of cases of individuals co-infected with HIV/AIDS and hepatitis B or C” before semicolon at end.

Pub. L. 109–415, § 302(b)(2)Subsec. (d)(2). , substituted “preference” for “special consideration”.

Pub. L. 106–3452000—Subsec. (d). added subsec. (d).

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 .