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) of this section.
(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) of this section, 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  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
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) of this section, 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.
 So in original. The word “and” probably should not appear.
 So in original. A comma probably should appear.
2009—Pub. L. 111–87repealed Pub. L. 109–415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.
2006—Pub. L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, § 2(a)(1), effective Sept. 30, 2009.
Subsec. (a). Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease”.
Subsec. (b)(1)(A). Pub. L. 109–415, § 302(b)(1)(A), substituted “HIV/AIDS” for “acquired immune deficiency syndrome”.
Subsec. (b)(1)(D). Pub. L. 109–415, § 302(b)(1)(B), inserted “and the number of cases of individuals co-infected with HIV/AIDS and hepatitis B or C” before semicolon at end.
Subsec. (d)(2). Pub. L. 109–415, § 302(b)(2), substituted “preference” for “special consideration”.
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) ofPub. L. 111–87of section 703 ofPub. L. 109–415be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) ofPub. L. 111–87, set out as a note under section
300ff–11 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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