---
kind: "section"
citation: "42 U.S.C. § 300ff–19"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–19"
heading: "Establishment of program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ff-19"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part A — Emergency Relief for Areas With Substantial Need for Services"
  - "Subpart ii — transitional grants"
---

# §300ff–19. Establishment of program

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c), acting through the [Administrator](/usc/42/300bb–8.md?p=4) of the Health Resources and [Services](/usc/42/201.md?p=a) Administration, shall make grants for the purpose of providing [services](/usc/42/201.md?p=a) described in [section 300ff–14 of this title](/usc/42/300ff–14.md) in transitional areas, subject to the same provisions regarding the [allocation](/usc/42/2021b.md?p=2) of grant funds as apply under [subsection (c)](/usc/42/300ff–14.md?p=c) of such section.
- (b) **Transitional areas—** For purposes of this section, the term “transitional area” means, subject to [subsection (c)](#c), a [metropolitan area](/usc/42/300ff–17.md?p=2) for which there has been reported to and confirmed by the [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention a cumulative total of at least 1,000, but fewer than 2,000, cases of AIDS during the most recent period of 5 calendar years for which such data are available.
- (c) **Certain eligibility rules—**
  - (1) **Fiscal year 2011—** With respect to grants under [subsection (a)](#a) for fiscal year 2011, a [metropolitan area](/usc/42/300ff–17.md?p=2) that received funding under subpart I for fiscal year 2010 but does not for fiscal year 2011 qualify under such subpart as an [eligible area](/usc/42/300ff–17.md?p=1) and does not qualify under [subsection (b)](#b) as a transitional area shall, notwithstanding [subsection (b)](#b), be considered a transitional area.
  - (2) **Continued status as transitional area—**
    - (A) **In general—** Notwithstanding [subsection (b)](#b), a [metropolitan area](/usc/42/300ff–17.md?p=2) that is a transitional area for a fiscal year continues, except as provided in [subparagraph (B)](#c-2-B), to be a transitional area until the [metropolitan area](/usc/42/300ff–17.md?p=2) fails, for three consecutive fiscal years—
      - (i) to qualify under such subsection as a transitional area; and
      - (ii) subject to subparagraphs [(B)](#c-2-B) and [(C)](#c-2-C), to have a cumulative total of 1,500 or more living cases of AIDS (reported to and confirmed by the [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention) as of December 31 of the most recent calendar year for which such data is available.
    - (B) **Permitting margin of error applicable to certain metropolitan areas—** In applying [subparagraph (A)(ii)](#c-2-A-ii) for a fiscal year after fiscal year 2008, in the case of a [metropolitan area](/usc/42/300ff–17.md?p=2) that has a cumulative total of at least 1,400 (and fewer than 1,500) living cases of AIDS as of December 31 of the most recent calendar year for which such data is available, such area shall be treated as having met the criteria of such subparagraph if not more than 5 percent of the total from grants awarded to such area under this part is unobligated as of the end of the most recent fiscal year for which such data is available.
    - (C) **Exception regarding status as eligible area—** Subparagraphs [(A)](#c-2-A) and [(B)](#c-2-B) do not apply for a fiscal year if the [metropolitan area](/usc/42/300ff–17.md?p=2) involved qualifies under subpart I as an [eligible area](/usc/42/300ff–17.md?p=1).
- (d) **Application of certain provisions of subpart I—**
  - (1) **Administration; planning council—**
    - (A) **In general—** The provisions of [section 300ff–12 of this title](/usc/42/300ff–12.md) apply with respect to a grant under [subsection (a)](#a) for a transitional area to the same extent and in the same manner as such provisions apply with respect to a grant under subpart I for an [eligible area](/usc/42/300ff–17.md?p=1), except that, subject to [subparagraph (B)](#d-1-B), the chief elected official of the transitional area may elect not to comply with the provisions of [section 300ff–12(b) of this title](/usc/42/300ff–12.md?p=b) if the official provides documentation to the [Secretary](/usc/42/201.md?p=c) that details the process used to obtain community input (particularly from those with HIV) in the transitional area for formulating the overall plan for priority setting and allocating funds from the grant under [subsection (a)](#a).
    - (B) **Exception—** For each of the fiscal years 2007 through 2013, the exception described in [subparagraph (A)](#d-1-A) does not apply if the transitional area involved received funding under subpart I for fiscal year 2006.
  - (2) **Type and distribution of grants; timeframe for obligation and expenditure of grant funds—**
    - (A) **Formula grants; supplemental grants—** The provisions of [section 300ff–13 of this title](/usc/42/300ff–13.md) apply with respect to grants under [subsection (a)](#a) to the same extent and in the same manner as such provisions apply with respect to grants under subpart I, subject to subparagraphs [(B)](#d-2-B) and [(C)](#d-2-C).
    - (B) **Formula grants; increase in grant—** For purposes of [subparagraph (A)](#d-2-A), [section 300ff–13(a)(4) of this title](/usc/42/300ff–13.md?p=a-4) does not apply.
    - (C) **Supplemental grants; single program with subpart I program—** With respect to [section 300ff–13(b) of this title](/usc/42/300ff–13.md?p=b) as applied for purposes of [subparagraph (A)](#d-2-A):
      - (i) The [Secretary](/usc/42/201.md?p=c) shall combine amounts available pursuant to such subparagraph with amounts available for carrying out [section 300ff–13(b) of this title](/usc/42/300ff–13.md?p=b) and shall administer the two [programs](/usc/42/274l–1.md?p=4) as a single [program](/usc/42/274l–1.md?p=4).
      - (ii) In the single [program](/usc/42/274l–1.md?p=4), the [Secretary](/usc/42/201.md?p=c) has discretion in allocating amounts between [eligible areas](/usc/42/300ff–17.md?p=1) under subpart I and transitional areas under this section, subject to the eligibility criteria that apply under such section, and subject to [section 300ff–13(b)(2)(C) of this title](/usc/42/300ff–13.md?p=b-2-C) (relating to priority in making grants).
      - (iii) Pursuant to [section 300ff–13(b)(1) of this title](/usc/42/300ff–13.md?p=b-1), amounts for the single [program](/usc/42/274l–1.md?p=4) are subject to use under sections [300ff–13(a)(4)](/usc/42/300ff–13.md?p=a-4) and [300ff–20(d)(1)](/usc/42/300ff–20.md?p=d-1) of this title.
  - (3) **Application; technical assistance; definitions—** The provisions of sections [300ff–15](/usc/42/300ff–15.md), [300ff–16](/usc/42/300ff–16.md), and [300ff–17](/usc/42/300ff–17.md) of this title apply with respect to grants under [subsection (a)](#a) to the same extent and in the same manner as such provisions apply with respect to grants under subpart I.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2609, as added and amended Pub. L. 109–415, title I, § 107(a)(2), title VII, § 703, Dec. 19, 2006, 120 Stat. 2781, 2820; Pub. L. 111–87, §§ 2(a)(1), (3)(A), 4(a), Oct. 30, 2009, 123 Stat. 2885, 2889.)

## Notes

### Editorial Notes

### Amendments

2009—Pub. L. 111–87, § 2(a)(1), (3)(A), repealed 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.

Subsec. (c)(1). Pub. L. 111–87, § 4(a)(1), in heading substituted “2011” for “2007” and in text substituted “2011” for “2007” in two places and “2010” for “2006”.

Subsec. (c)(2)(A)(ii). Pub. L. 111–87, § 4(a)(2)(A), substituted “subject to subparagraphs (B) and (C), to have a” for “to have a”.

Subsec. (c)(2)(B). Pub. L. 111–87, § 4(a)(2)(B), (C), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (c)(2)(C). Pub. L. 111–87, § 4(a)(2)(B), (D), redesignated subpar. (B) as (C) and substituted “Subparagraphs (A) and (B) do not apply” for “Subparagraph (A) does not apply”.

Subsec. (d)(1)(B). Pub. L. 111–87, § 4(a)(3), substituted “2013” for “2009”.

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.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment; Revival of Section

For provisions that repeal by section 2(a)(1) of Pub. L. 111–87 of section 703 of Pub. L. 109–415 be effective Sept. 30, 2009, that the provisions of this section as in effect on Sept. 30, 2009, be revived, and that amendment by section 4(a) of Pub. L. 111–87 be applicable to this section as so revived and effective as if enacted on Sept. 30, 2009, see section 2(a)(2), (3) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.